National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 (89 of 2022)

Schedule 2   Application, saving and transitional provisions

Part 2   Existing investigations and inquiries

3   Transitional - transition determinations

(1) The National Anti-Corruption Commissioner may, by notice in writing (the transition determination ), determine that the new Act applies to an existing investigation or an existing inquiry if the National Anti-Corruption Commissioner considers that:

(a) it is more appropriate to deal with the issues the subject of the existing investigation or existing inquiry under the new Act; and

(b) in the case of an existing investigation - the issues could involve corrupt conduct that is serious or systemic.

(2) The National Anti-Corruption Commissioner must, as soon as reasonably practicable, give a copy of the transition determination to each head of a government agency to which the existing investigation or existing inquiry relates.

(3) The new Act applies to the existing investigation or existing inquiry from the later of the following times:

(a) the time the transition determination is given to the head of each government agency to which the existing investigation or existing inquiry relates;

(b) the time specified in the transition determination.

Note: The new Act will then determine the National Anti-Corruption Commissioner's powers, functions and duties in relation to the investigation or inquiry. Similarly, the rights and obligations of persons and agencies in relation to the investigation or inquiry will be determined by the new Act.

(4) A transition determination is not a legislative instrument.