Independent Broad-Based Anti-Corruption Commission Act 2011

For the purposes of this Act, corrupt conduct means conduct—

of any person that adversely affects the honest performance by a public officer or public body of his or her or its functions as a public officer or public body; or

of a public officer or public body that constitutes or involves the dishonest performance of his or her or its functions as a public officer or public body; or

of a public officer or public body that constitutes or involves knowingly or recklessly breaching public trust; or

of a public officer or a public body that involves the misuse of information or material acquired in the course of the performance of his or her or its functions as a public officer or public body, whether or not for the benefit of the public officer or public body or any other person; or

of a person (the first person) intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and result in the first person or an associate of the first person obtaining—

a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or

an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or

a financial benefit or real or personal property; or

any other direct or indirect benefit, including any monetary or proprietary gain—

that could constitute a conspiracy or an attempt to engage in any conduct referred to in paragraph (a), (b), (c), (d) or (da)—

For the purposes of this Act, in determining whether conduct would constitute an offence, the IBAC may assume that the required state of mind to commit the offence can be proven.

For the purposes of this Act, in determining whether conduct would constitute a serious disciplinary matter, the IBAC may assume that any state of mind required to be established for the conduct to be a serious disciplinary matter can be established.

Conduct may be corrupt conduct for the purposes of this Act if—

all or any part of the conduct occurs outside Victoria, including outside Australia; and

the conduct would be corrupt conduct if it occurred in Victoria.

For the purposes of subsection (1)(da), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.

For the purposes of subsection (1)(da), an associate of a first person is—

a person or entity who has an agreement, arrangement or understanding with the first person or holds any relevant financial interest in any business of the first person;

if the first person is a natural person, a person who is a relative of the first person;

if the first person is a body corporate—

an entity of whom the first person is an associate within the meaning of section 11 of the Corporations Act; or

an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person.

For the purposes of subsection (2B)—

the spouse or domestic partner of the first person;

a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the first person;

a step-father, step-mother, legal guardian, step-son, step-daughter, step‑brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the first person;

a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person;

a step-father, step-mother, legal guardian, step-son, step-daughter, step‑brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in‑law, brother-in-law or sister-in-law of the spouse or domestic partner of the first person;

To avoid doubt, for the purposes of subsection (1)(da), conduct referred to in that subsection may be corrupt conduct even if anything referred to in subsection (1)(da)(i), (ii), (iii) or (iv) is not in fact obtained as a result of the conduct.

This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002.