Powers
196 Powers
In this section —
officers means —
officers of the Commission; or
officers of the Parliamentary Inspector.
The Parliamentary Inspector has power to do all things necessary or convenient for the performance of the Parliamentary Inspector’s functions.
Without limiting subsection (2), the Parliamentary Inspector —
may investigate any aspect of the Commission’s operations or any conduct of officers; and
is entitled to full access to the records of the Commission and to take or have copies made of any of them; and
may require officers to supply information or produce documents or other things about any matter, or any class or kind of matters, relating to the Commission’s operations or the conduct of officers; and
may require officers to attend before the Parliamentary Inspector to answer questions or produce documents or other things relating to the Commission’s operations or the conduct of officers; and
may consult, cooperate and exchange information with independent agencies, appropriate authorities and —
the Commissioner of the Australian Federal Police;
the Commissioner of a Police Force of another State or Territory;
the CEO of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;
the Commissioner of Taxation holding office under the Taxation Administration Act 1953 of the Commonwealth;
the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;
the Director of the Australian Transaction Reports and Analysis Centre under the Financial Transaction Reports Act 1988 of the Commonwealth;
any person, or authority or body of this State, the Commonwealth, another State or a Territory that is declared by the Minister to be a person, authority or body to which this paragraph applies;
and
may refer matters relating to the Commission or officers to other agencies for consideration or action; and
may recommend that consideration be given to disciplinary action against, or criminal prosecution of, officers.
The Commission is to notify the Parliamentary Inspector whenever it receives an allegation that concerns, or may concern, an officer of the Commission and at any time the Parliamentary Inspector may review the Commission’s acts and proceedings with respect to its consideration of such an allegation.
Upon a review under subsection (4), the Parliamentary Inspector may notify the Commission that the matter is to be removed to the Parliamentary Inspector for consideration and determination.
On receipt of a notice under subsection (5), the Commission is to comply with its terms.
Upon a removal under subsection (5), the Parliamentary Inspector may —
annul the Commission’s determination and substitute another; or
make any decision the Parliamentary Inspector might otherwise have made had the Parliamentary Inspector exercised an original jurisdiction; or
make any ancillary order, whether final or provisional, that is remedial or compensatory.
Where the Parliamentary Inspector proposes to act under subsection (7)(a), the Commission must be given a reasonable opportunity to show cause why its determination should not be annulled.
The Parliamentary Inspector must not undertake a review of a matter that arises from, or can be dealt with under, a jurisdiction created by, or that is subject to, the Industrial Relations Act 1979.
[Section 196 inserted: No. 78 of 2003 s. 28.]
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