Crimes Act 1914

Part IABA - Integrity testing  

Division 1 - Introduction  

SECTION 15JC  

15JC   Integrity testing - definitions  

In this Part:

appropriate authorising officer
, for an integrity testing operation, has the meaning given by the table in subsection 15JE(1) .

authorising officer
means any of the appropriate authorising officers.

Note:

These officers are listed in the table in subsection 15JE(1) .

civilian participant
, in an integrity testing operation, means a participant in the operation who is not a law enforcement participant (as defined in this section).

corruption investigation
has the same meaning as in the National Anti-Corruption Commission Act 2022 .

corruption issue
has the same meaning as in the National Anti-Corruption Commission Act 2022 .

Note:

See section 9 of the National Anti-Corruption Commission Act 2022 .

disciplinary or legal action
, in relation to a staff member of a target agency, means any of the following:

(a) action in respect of alleged misconduct of the staff member;

(b) termination of the employment or appointment of the staff member;

(c) a disciplinary proceeding in relation to the staff member or a report of such a proceeding;

(d) the investigation of an offence suspected to have been committed by the staff member;

(e) a legal proceeding in relation to the staff member, or a report of such a proceeding.

Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.

disciplinary proceeding
:

(a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and

(b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979 .

engage in conduct
means:

(a) do an act; or

(b) omit to perform an act.

integrity testing agency
means any of the following:

(a) the ACC;

(b) (Repealed by No 89 of 2022)

(c) the Australian Federal Police;

(d) the Immigration and Border Protection Department;

(e) the National Anti-Corruption Commission.

integrity testing authority
means an authority granted under section 15JG to conduct an integrity testing operation.

integrity testing operation
: see section 15JD .

law enforcement participant
, in an integrity testing operation, means a participant in the operation who is:

(a) a law enforcement officer; or

(b) an employee or officer of a body (whether incorporated or not) that is established by the law of a State or Territory for purposes that include the purpose of investigating corruption in State or Territory government entities.

Note:

Staff members of integrity testing agencies (as defined in this section) are law enforcement officers. Law enforcement officers also include members of State and Territory police forces, and police forces of foreign countries (see section 3 ).

participant
, in an integrity testing operation authorised by an integrity testing authority, means a person who is authorised under this Part to participate in the operation.

responsible staff member
, for an integrity testing operation authorised by an integrity testing authority, means the staff member of an integrity testing agency identified in the authority as the staff member responsible for the conduct of the operation.

staff member
of an integrity testing agency has the same meaning in relation to that agency as in section 12 of the National Anti-Corruption Commission Act 2022 .

target agency
means any of the following:

(a) the ACC;

(b) the Australian Federal Police;

(c) the Immigration and Border Protection Department;

(d) any other Commonwealth agency (within the meaning of the National Anti-Corruption Commission Act 2022 ).