Appointment of acting ICAC
59 Appointment of acting ICAC
(1) The Inspector may appoint an eligible person to act as the ICAC:
(a) to conduct an investigation under the ICAC Act into the conduct of any of the following:
(i) the Commissioner (as an Integrity Officer or otherwise);
a member of IEC personnel;
the IEC's Office;
the Auditor-General;
(v) a member of the Auditor-General's staff;
(vi) the Auditor-General's Office; and
(b) to report on the investigation in accordance with section 60; and
(c) to take any further action under the ICAC Act that the person considers appropriate.
(2) The Inspector may appoint an eligible person to act as the ICAC to deal with a specified matter under the ICAC Act that the ICAC cannot deal with due to a conflict of interest.
(3) A person is an eligible person for appointment as an acting ICAC under subsection (1) or (2) if the person:
(a) is an eligible person for appointment as the Commissioner; and
(b) is not, and has not been, at any time in the previous 12 months, a public officer.
(4) An acting ICAC appointed under subsection (1) holds office from the day on which the appointment is made to the day on which the report referred to in section 60 is made, unless specified otherwise in the instrument of appointment.
(5) Concurrent appointments may exist under this section if the conditions of appointment distinguish the circumstances in which each appointee may act.
(6) To avoid doubt, an appointment may be made under this section regardless of whether a person has been appointed to act as the Commissioner under section 20.
Note for subsection (6)
Under section 21, a person appointed to act as the Commissioner under section 20 would also be an acting ICAC.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.