Revised Explanatory Memorandum
Law Enforcement Integrity Commissioner (Consequential Amendments) Bill 2006
OUTLINE
The Law Enforcement Integrity Commissioner (Consequential Amendments) Bill 2006 ('the Bill') makes consequential amendments related to the establishment of the Office of the Integrity Commissioner, and the Australian Commission for Law Enforcement Integrity ('ACLEI') pursuant to the Law Enforcement Integrity Commissioner Bill 2006 (the 'LEIC Bill'). The Office of the Integrity Commissioner will be an independent statutory office responsible for the investigation of alleged and suspected corruption within Australian Government law enforcement agencies. The Integrity Commissioner will also be provided with assistance and administrative support from ACLEI.
The objective of the LEIC Bill is to enhance the integrity of Australian Government law enforcement by providing for independent and effective external investigation of possible instances of corruption in federal law enforcement agencies. It is therefore necessary that the Integrity Commissioner be equipped with investigatory and inquiry powers that will allow the Integrity Commissioner to gather information and evidence to perform his or her functions. It is also necessary that information be passed between the Integrity Commissioner and other Commonwealth agencies lawfully, particularly where that information relates to a Commonwealth criminal offence.
Coercive and information gathering powers are contained in numerous Commonwealth Acts and are conferred on, and exercised by different Commonwealth agencies and officials. It is necessary to amend these Commonwealth Acts to provide the Integrity Commissioner with these appropriate powers.
FINANCIAL IMPACT STATEMENT
Funding was allocated both to the Attorney-General's Department and ACLEI in the 2005-06 budget. Of this, $0.6m was allocated to Attorney-General's Department for the establishment of ACLEI and $8.9m was allocated to ACLEI staff.
Funding for ACLEI is being held in the Attorney-General's Department's appropriations, pending establishment of the Commission.
ABBREVIATIONS
The following abbreviations are used in this explanatory memorandum:
ACC The Australian Crime Commission
ACC Act The Australian Crime Commission Act 2002
ACLEI The Australian Commission for Law Enforcement Integrity
ADJR Act The Administrative Decisions (Judicial Review) Act 1977
AFP The Australian Federal Police
AFP Act The Australian Federal Police Act 1979
ASIO The Australian Security Intelligence Organisation
ASIO Act The Australian Security Intelligence Organisation Act 1979
Bill The Law Enforcement Integrity Commissioner (Consequential Amendments) Bill 2006
CEO Chief Executive Officer
FTR Act The Financial Transaction Reports Act 1988
LEIC Bill The Law Enforcement Integrity Commissioner Bill 2006
Ombudsman Act The Ombudsman Act 1976
POC Act The Proceeds of Crime Act 2002
SD Act The Surveillance Devices Act 2004
TA Act The Taxation Administration Act 1953
TI Act The Telecommunications (Interception) Act 1979
TI Amendment Bill The Telecommunications (Interception) Amendment Bill 2006
WP Act The Witness Protection Act 1994
Senate Committee The Senate Legal and Constitutional Legislation Committee
A reference in this Explanatory Memorandum to a numbered recommendation of the Senate Committee is a reference to a recommendation made in the report of the Senate Committee's review of the provisions of the Law Enforcement Integrity Commissioner Bill 2006, the Law Enforcement Integrity Commissioner (Consequential Amendments) Bill 2006 and the Law Enforcement (AFP Professional Standards and Related Measures) Bill 2006, tabled on 11 May 2006.
NOTES ON CLAUSES
Clause 1 - Short Title
Clause 1 is a formal provision to provide that the Bill may be cited as the Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006 when passed.
Clause 2 - Commencement
Clause 2 details the commencement of each provision of the Bill. Item 1 of the table provides that clauses 1 to 3 of the Bill (containing the short title, the commencement provision and the provision explaining the operation of the Schedules to the Bill) and any other provision of the Bill that is not specifically mentioned will commence on the day the Bill receives Royal Assent.
Item 2 of the table provides that items 1 to 83 of Schedule 1 are to commence at the same time as clause 3 of the LEIC Bill.
Item 3 of the table provides that item 86 of Schedule 1 commence when clause 3 of the LEIC Bill commences, however if not commenced by 1 July 2006, the provision does not commence at all.
Item 4 of the table provides that item 87 of Schedule 1 commences immediately after schedule 4 of the Telecommunications (Interception) Amendment Act 2006 is commenced.
Item 5 of the table provides that items 88 to 92 of Schedule 1 commence when clause 3 of the LEIC Bill commences.
Item 6 of the table provides that items 93 to 95 of Schedule 1 commence when clause 3 of the LEIC Bill commences however, if Schedule 5 of the Telecommunications (Interception) Amendment Act 2006 commences before clause 3 of the LEIC Bill, items 93 to 95 of the Bill do not commence at all.
Item 7 of the table provides that item 96 of Schedule 1 commences immediately after schedule 1 of the Telecommunications (Interception) Amendment Act 2006 is commenced.
Item 8 of the table provides that item 97 of Schedule 1 commences when clause 3 of the LEIC Bill commences.
Clause 3 - Schedules
This Clause is a provision explaining the operation of the Schedules to the Bill and provides that each Act specified in a Schedule to the Bill is amended or repealed as set out in the Schedule and that any other item in a Schedule to the Bill has effect according to its terms.
Schedule 1 to the Bill provides for amendments to various existing Commonwealth legislation to include references to the Integrity Commissioner and ACLEI.