Other notes
Other notes Other notes
1 The Anti-Corruption Commission Act 1988 was repealed by the Corruption and Crime Commission Amendment and Repeal Act 2003.
2 The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.
3 Now known as the Corruption, Crime and Misconduct Act 2003; short title changed (see note under s. 1).
4 The Corruption and Crime Commission Amendment and Repeal Act 2003 Pt. 3 Div. 3 Subdiv. 2 reads as follows:
Part 3 — Repeals, transitional and savings provisions, and consequential amendments
Division 3 — Anti‑Corruption Commission Act 1988
Subdivision 2 — Repeal of the Anti‑Corruption Commission Act 1988 and transitional and savings provisions
53. Meaning of terms used in this Division
In this Division —
commencement means the day on which section 54 comes into operation;
A‑CC Act means the Anti‑Corruption Commission Act 1988.
54. Anti‑Corruption Commission Act 1988 repealed
The Anti‑Corruption Commission Act 1988 is repealed.
55. References to repealed Act and former titles
In any written law or document, a reference to the A‑CC Act may, if the context permits, be taken as a reference to the Corruption and Crime Commission Act 2003.
56. Transfer of assets and liabilities to Commission
On and after the commencement —
the assets and rights of the A‑CC vest in the CCC by force of this section;
the liabilities of the A‑CC become, by force of this section, the liabilities of the CCC;
any agreement or instrument relating to the assets, rights and liabilities referred to in paragraphs (a), and (b) has effect, by force of this section, as if the CCC were substituted for the A‑CC in the agreement or instrument;
the CCC is a party to any proceedings by or against the A‑CC commenced before the commencement;
any proceeding or remedy that might have been commenced by or available against or to the A‑CC in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) may be commenced by or is available, by or against or to the CCC; and
any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the commencement by, to or in respect of the A‑CC (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the CCC.
57. Notices and requests
A notice or request issued under the A‑CC Act and in force immediately before the commencement is taken to be a notice or request validly issued under the Corruption and Crime Commission Act 2003 and continues in force, with necessary changes.
58. Proceedings
A proceeding that could have been started or continued by, or against the A‑CC may be started or continued by, or against the CCC.
59. Continuation of allegations
This section applies if an allegation made to the A‑CC under the A‑CC Act before the commencement has not been finally dealt with under that Act on the commencement.
The allegation must be dealt with as if it had been made under the Corruption and Crime Commission Act 2003.
If the allegation was made by a person under section 13(1)(a), (b) or (c) of the A‑CC Act, section 35 of the Corruption and Crime Commission Act 2003 applies as if the allegation were made under section 25 or 28(2), as the case requires, of that Act.
60. Offences
Proceedings for an offence against the A‑CC Act may be continued, or started, despite the A‑CC Act having been repealed and section 11 of The Criminal Code and for the purposes of section 10 of the Sentencing Act 1995, the statutory penalty for the offence immediately before the commencement continues to have effect.
Despite section 54, sections 52 to 54 of the A‑CC Act continue to have effect, with any necessary modifications, as if they had not been repealed.
61. Completion of things done
Anything commenced to be done by the A‑CC under the A‑CC Act before the commencement may be continued by the CCC so far as the doing of that thing is within the functions of the CCC after the commencement.
62. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the commencement by, to or in respect of the A‑CC, to the extent that that act, matter or thing has any force is to be taken to have been done or omitted by, to or in respect of the CCC so far as the act, matter or thing is relevant to the CCC.
63. Warrants and emergency authorisations continued in force
Any warrant issued under section 13, 14 or 17 of the Surveillance Devices Act 1998 to an Anti‑Corruption Commission officer and in force immediately before the commencement continues in force, subject to any condition or limitation on its issue and with necessary changes, as if it were issued to an officer of the CCC.
Any emergency authorisation issued under section 21 of the Surveillance Devices Act 1998 to an Anti‑Corruption Commission officer and in force immediately before the commencement continues in force, subject to any condition or limitation on its issue and with necessary changes, as if it were issued to an officer of the CCC.
64. Transfer of records
On the commencement all records in the possession of the A‑CC immediately before the commencement are to be transferred to the possession of the CCC, become the records of the CCC and may be dealt with accordingly.
In this section —
records includes —
evidence in any form;
information and other things.
65. A‑CC officers
In this section —
A‑CC officer means a person who, immediately before becoming an officer of the Commission within the meaning of the Corruption and Crime Commission Act 2003, was an officer of the Commission as that term is defined in the A‑CC Act;
officer of the Commission has the meaning given to that term by the Corruption and Crime Commission Act 2003;
officer of the Parliamentary Inspector has the meaning given to that term by the Corruption and Crime Commission Act 2003.
If, on or before the commencement, an A‑CC officer becomes an officer of the Commission or an officer of the Parliamentary Inspector, that person is entitled to retain all his or her existing and accruing rights as an A‑CC officer, including any rights under the Superannuation and Family Benefits Act 1938 and any rights that had been retained under section 6(4) of the A‑CC Act, as if his or her service as an officer of the Commission or an officer of the Parliamentary Inspector were a continuation of his or her service as an A‑CC officer.
Despite the repeal of the A‑CC Act under section 54, section 6(6), (7), (8) and (9) of the A‑CC Act continue to apply to and in relation to a person —
who was, immediately before the commencement, an officer of the Commission as that term is defined in the A‑CC Act;
who is a former public employee as that term is defined in section 6(5) of the A‑CC Act; and
who —
on the commencement is not employed or engaged as an officer of the Commission or an officer of the Parliamentary Inspector; or
having become an officer of the Commission or an officer of the Parliamentary Inspector, subsequently ceases to be such an officer otherwise than in circumstances described in section 6(7) of the A‑CC Act.
Nothing in this Act precludes the CCC from exercising its discretion to employ or engage as an officer of the Commission a person who before the commencement was —
an officer of the Commission;
a seconded officer;
a service provider; or
a special investigator,
as those terms are defined in the A‑CC Act.
66. Financial reporting
In this section —
FAA Act means the Financial Administration and Audit Act 1985;
final period means the period starting at the beginning of 1 July last preceding the commencement;
reporting officer means the person appointed under section 65A(2) of the FAA Act as applied by subsection (2).
Section 65A of the FAA Act applies in relation to the preparation and submission of a final report in respect of the A‑CC as if —
references in that section to a department were references to the A‑CC; and
references in that section to provisions of sections 62 to 65 of the FAA Act were references to the equivalent provisions of sections 66 to 70 of the FAA Act,
except that the period to which the final report is to relate is the final period and the references in sections 66(1), 68 and 70(1) to the end of the financial year are to be read as references to the end of the final period.
If at the commencement, any duty imposed by Part II Division 14 of the FAA Act on the accountable authority of the A‑CC has not been complied with in relation to the A‑CC for any financial year that expired before the commencement, that duty subsists and is to be performed by the reporting officer as if the reporting officer were the accountable authority.
The time within which the reporting officer is to perform a duty referred to in subsection (3) is extended until the end of the day that is 2 months after the day on which the reporting officer is appointed, but this subsection does not prevent the time from being extended again under section 70 of the FAA Act.
The CCC is to give the reporting officer access to the records referred to in section 64 for the purposes of this section.
5 The Corruption and Crime Commission Amendment and Repeal Act 2003 Pt. 3 Div. 7 reads as follows:
Part 3 — Repeals, transitional and savings provisions, and consequential amendments
Division 7 — General
75. Further transitional provisions may be made
In this section —
commencement day means the day on which this section comes into operation;
specified means specified or described in the regulations;
transitional matter means a matter that needs to be dealt with for the purpose of —
effecting the transition from the provisions of an Act repealed by this Act to the provisions of the Corruption and Crime Commission Act 2003;
effecting the transition from the provisions of an Act amended by this Act as in force before this Act comes into operation to the provisions of that Act as in force after this Act comes into operation; or
effecting the transition from the provisions of an Act amended by the Corruption and Crime Commission Act 2003 as in force before this Act comes into operation to the provisions of that Act as in force after the Corruption and Crime Commission Act 2003 comes into operation,
and includes a saving or application matter.
If there is no sufficient provision in this Part for dealing with a transitional matter, regulations under the Corruption and Crime Commission Act 2003 may include any provision that is required, or that is necessary or convenient, for dealing with the transitional matter.
Regulations made under subsection (2) may provide that specified provisions of this Act or the Corruption and Crime Commission Act 2003 or an Act amended by this Act —
do not apply; or
apply with specified modifications,
to or in relation to any matter.
If regulations made under subsection (2) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.
Regulations referred to in subsection (2) cannot be made more than 12 months after the commencement day.
If regulations contain a provision referred to in subsection (4), the provision does not operate so as to —
affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or
impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
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