Independent Broad-Based Anti-Corruption Commission Act 2011

The amendments made to this Act by the amending Act apply in relation to—

conduct occurring on or after the commencement day; and

conduct all or part of which occurred before the commencement day if the conduct—

is the conduct of, or in relation to, a person or body (whether or not still in existence) who or which would have been a public officer or public body within the meaning of this Act as amended by the amending Act had the amending Act been in force at the time the conduct occurred; and

would have been corrupt conduct within the meaning of this Act as amended by the amending Act had the amending Act been in force at the time the conduct occurred.

The IBAC may determine to investigate any complaint or notification to the IBAC that the IBAC has before the commencement day—

dismissed under section 58(a); or

referred to a person or body (other than the Ombudsman) under section 73; or

referred to the Ombudsman under section 73 and the Ombudsman has dismissed it or has determined not to investigate it.

Nothing in subsection (1) or (2) requires the IBAC—

to reopen—

a complaint or notification to the IBAC that it had dismissed or referred to another body before the commencement day; or

an investigation, whether of a complaint or notification or an own motion investigation, that it had completed before the commencement day; or

to investigate a further complaint or notification to the IBAC about conduct that is the same as, or substantially similar to, conduct that was the subject of—

a complaint or notification to the IBAC that it had dismissed or referred to another body before the commencement day; or

an investigation, whether of a complaint or notification or an own motion investigation, that it had completed before the commencement day.

Despite the commencement of the amending Act, section 57 does not apply during the period of 6 months starting on the commencement day to the relevant principal officer of a public body that is only a public body because of the amendment made by section 6(1)(a) of the amending Act.

In this section—