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Crime and Corruption Act 2001.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
Chapter 1, introduction, identifies the main purposes of the Act as to combat and reduce the incidence of major crime; and to continuously improve the integrity of, and to reduce the incidence of corruption in, the public sector. The Act also has as the purpose to facilitate the commission’s involvement in a confiscation related investigation.
The Act’s purposes are to be achieved primarily by establishing a permanent commission to be called the Crime and Corruption Commission. The commission is to have investigative powers, not ordinarily available to the police service, that will enable the commission to effectively investigate major crime and criminal organisations and their participants. The commission also is to investigate cases of corrupt conduct, particularly more serious cases of corrupt conduct, and help units of public administration to deal effectively and appropriately with corruption by increasing their capacity to do so. Further, the commission has particular powers for confiscation related investigations for supporting its role under the Confiscation act.
The Crime Reference Committee has responsibility for referring major crime to the commission for investigation and has a coordinating role for investigations into major crime conducted by the commission in cooperation with any other law enforcement agency. Other figures and entities established by the act follow. The Parliamentary Crime and Corruption Committee is a standing committee of the Legislative Assembly with particular responsibility for monitoring and reviewing the commission’s performance. The Parliamentary Crime and Corruption Commissioner is an officer of the Parliament who helps the Parliamentary Crime and Corruption Committee in the performance of its functions. The Public Interest Monitor has a right of appearance before a court hearing an application by the commission for a surveillance warrant or covert search warrant and is entitled to test the appropriateness and validity of the application before the court.
Chapter 2, covers the different Commission functions: Part 1 concerns “prevention function” of crime and corruption; part 2 “crime function” to investigate major crime and incidents that threaten, have threatened or may threaten public safety that criminal organisations or participants in criminal organisations have engaged in, are engaging in, or are planning to engage in; part 3 recognises Commission “corruption function” as raise standards of integrity and conduct in units of public administration and ensure a complaint about, or information or matter involving, corruption is dealt with in an appropriate way, having regard to the principles set out in section 34 (cooperation, capacity building, devolution and public interest). The commission’s corruption functions also include investigating on conduct liable to allow, encourage or cause corrupt conduct; and conduct connected with corrupt conduct. Part 3 also provides the norms for corruption complain process, establishes a duty to notify corruption and how different public subjects are expected to deal with complains (commission, commissioner of police and other units of public administration) and actions. Part 4 covers research, intelligence and other functions. Part 6 establishes how the commission is expected to perform its functions, in particular the commission must, at all times, act independently, impartially and fairly having regard to the purposes of this Act and the importance of protecting the public interest.
Chapter 3 concerns Commissions' powers for crime and corruption investigation, those entail powers to require information or attendance, search and warranty, Search of place to prevent loss of evidence, searching persons, seizing property, monitoring and suspension orders, surveillance, Controlled operations and controlled activities for corruption offences. Assumed identities, warrants Chapter 4 is hearings and deciding claims of privilege and excuse, Chapter 5 regulates offences and disciplinary proceedings relating to corruption etc.
Long title of text
An Act to provide for the establishment and operation of a Crime and Corruption Commission, and a Parliamentary Crime and Corruption Committee, and for other purposes.
Notes
Previous title: Crime and Misconduct Act 2001.Last amendment up to include: Justice and Other Legislation Amendment Act 2020.
Repealed
No
Source language

English

Legislation Amendment
No