Part IABA
-
Integrity testing
History
Pt IABA inserted by No 194 of 2012, s 3 and Sch 1 item 29, effective 13 December 2012. No 194 of 2012, s 3 and Sch 1 item 30 contains the following application provision:
30 Application of amendments
(1)
The amendments of the
Crimes Act 1914
made apply in relation to an integrity testing authority granted (or sought to be granted) on or after 13 December 2012:
(a)
whether the act or omission constituting the suspected offence in relation to which the authority is (or is sought to be) granted occurred (or is alleged to have occurred) before, on or after 13 December 2012; and
(b)
whether any other circumstance in relation to which the authority is (or is sought to be) granted occurred (or is alleged to have occurred) before, on or after 13 December 2012.
(2)
In this item:
integrity testing authority
means an integrity testing authority under Part IABA of the
Crimes Act 1914
, as inserted.
Division 5
-
Integrity testing operations: reporting
History
Div 5 inserted by No 194 of 2012, s 3 and Sch 1 item 29, effective 13 December 2012. For application provision, see note under Pt
IABA
heading.
SECTION 15JS
Integrity testing operations
-
annual reports
(1)
As soon as practicable after 30 June in each year, the chief officer of each integrity testing agency must submit a report to the Law Enforcement Minister setting out the details required by subsection
(2)
in relation to integrity testing operations authorised by an authorising officer of the agency during the previous 12 months.
(2)
The details to be set out in the report are as follows:
(a)
the number of integrity testing authorities granted by authorising officers of the agency;
(b)
the nature of the suspected criminal activity in relation to which each authority was given;
(c)
the period of effect of each authority (including any extension of the period granted by variation);
(d)
if an authority was cancelled
-
the reasons for cancellation.
(3)
A report must not disclose any information that identifies any person involved in an integrity testing operation or that is likely to lead to such a person being identified.
(4)
Nothing in this section requires particulars of an integrity testing operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed.
(5)
In this section:
chief officer
, of an integrity testing agency, means:
(a)
for the ACC
-
the Chief Executive Officer of the ACC; or
(b)
for the Australian Federal Police
-
the Commissioner; or
(c)
for the Immigration and Border Protection Department
-
the Secretary of that Department; or
(d)
for the National Anti-Corruption Commission
-
the National Anti-Corruption Commissioner.
History
Definition of
"
chief officer
"
will be amended by No 89 of 2022, s 3 and Sch 1 item 87, by substituting para (d), effective 1 July 2023. Para (d) formerly read:
(d)
for the Australian Commission for Law Enforcement Integrity
-
the Integrity Commissioner.
Definition of
"
chief officer
"
amended by No 41 of 2015, s 3 and Sch 6 item 56, by substituting
"
Secretary of that Department
"
for
"
Chief Executive Officer of Customs
"
in para (c), effective 1 July 2015. For saving and transitional provisions, see note under the definition of
"
Immigration and Border Protection Department
"
.
Definition of
"
chief officer
"
amended by No 41 of 2015, s 3 and Sch 5 item 45, by substituting
"
for the Immigration and Border Protection Department
"
for
"
for Customs
"
in para (c), effective 1 July 2015. For transitional provisions, see note under the definition of
"
officer of Customs
"
.
Law Enforcement Minister
means the Minister responsible for the administration of the
National Anti-Corruption Commission Act 2022
.
History
Definition of
"
Law Enforcement Minister
"
amended by No 89 of 2022, s 3 and Sch 1 item 88, by substituting
"
National Anti-Corruption Commission Act 2022
"
for
"
Law Enforcement Integrity Commissioner Act 2006
"
, effective 1 July 2023.
History
S 15JS inserted by No 194 of 2012, s 3 and Sch 1 item 29, effective 13 December 2012. For application provision, see note under Pt
IABA
heading.