Law enforcement Integrity Commissioner Act 2006
(3) Only an authorised officer or a constable may take part in searching a person.Specific provisions about executing a warrant in relation to premises This Subdivision applies if a search warrant in relation to premises is being executed. Clause 20: Notification of corruption issue identified as significant corruption issueThe head of a law enforcement agency must immediately cease investigation of a significant corruption issue upon notification of the issue to the Integrity Commissioner. (1) After a Commonwealth government agency completes: (a) an investigation of a corruption issue; or (b) a further investigation of a corruption issue recommended by the Integrity Commissioner under section 67;the head of the agency must cause a report on the investigation to be prepared. (1) This section applies if a person appointed as the Integrity Commissioner is a Judge. (4) The period specified under paragraph (3)(c) must be at least 14 days after the day the notice is served on the person, unless the Integrity Commissioner considers that allowing a 14‑day period would significantly prejudice a corruption investigation, in which case a shorter period may be specified. To avoid doubt, this Clause provides that the Committee is not authorised to investigate a corruption issue or ACLEI corruption issue, or reconsider decisions or recommendations made by the Integrity Commissioner or a special investigator. The protections to witnesses are supported by general offences such as offences for threatening a witness, intimidating a witness or inflicting injury or violence upon a witness in Part III of the Crimes Act. (2) Before the report is laid before each House of Parliament, the Minister must remove information from the report if the Minister is of the view that its inclusion may: (a) endanger a person’s life or physical safety; or (b) prejudice proceedings brought as a result of: (i) a corruption investigation or public inquiry; or (ii) an investigation of a corruption issue that the Integrity Commissioner manages or oversees; or (c) compromise operational activities, or methodologies, of ACLEI or a law enforcement agency. (2) Subsection (1) has effect subject to any direction given under subsection 90(1). (5) However, a Judge may only be appointed as an Assistant Integrity Commissioner on a full‑time basis.Arrangement with Governor of State or Administrator of Territory (6) The Governor‑General may, for the purpose of appointing to the office of an Assistant Integrity Commissioner a person who is the holder of a judicial office of a State or Territory, enter into such arrangement with the Governor of that State or the Administrator of that Territory, as the case may be, as is necessary to secure that person’s services. The offence is punishable by a maximum penalty of 2 years imprisonment.Under clause 80, the privilege against self-incrimination is abrogated, but certain use immunities apply.Subclause 93(2) also makes it an offence for a person who is served with a summons to attend a hearing to fail to answer questions that the Integrity Commissioner requires the person to answer at the hearing.This offence is subject to the operation of clause 95 and 150 of the Bill.This offence is punishable by a maximum penalty of 2 years imprisonment.Under clause 80, the privilege against self-incrimination is abrogated, but certain use immunities apply.Subclause 93(4) makes it an offence for a person to fail to produce a document or thing the person was required to produce under a summons served on them by the Integrity Commissioner. “Law enforcement agency” includes the AFP, the ACC, the former National Crime Authority (as principal predecessor of the ACC) and may be extended by the Regulations to include another Commonwealth government agency that has a law enforcement function. This Clause enables Authorised Officers to invoke the powers of arrest and search that are given to constables to perform their duties in relation to assisting the Integrity Commissioner in the investigation of corruption issues. The notification must include a description of the corruption issue and the allegation or information and must indicate whether the issue is a significant corruption issue for that agency. (10) The Integrity Commissioner may exclude information from the copy of the material sent under subsection (8) if the Integrity Commissioner is satisfied that: (a) the information is sensitive information; and (b) it is desirable in the circumstances to exclude the information from the material sent. (3) The nominated contact, or the head of the agency, must comply with the request. The period for compliance must be at least 14 days from the day that the request is served on the person (subclause 76(2)).A person served with a request under clause 76 must comply with the request within the time for compliance specified in the request (subclause76(4)).A staff member of a law enforcement agency will commit an offence if he or she fails to comply with a request made to him or her under clause 76 within the time specified in the request.
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