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

Schedule 2   Application, saving and transitional provisions

Part 6   ACLEI corruption issues

36   Transitional - investigations into ACLEI corruption issues

(1) This item applies if, immediately before the transition time, any of the following investigations had been commenced but not yet completed:

(a) an investigation of an ACLEI corruption issue by the Integrity Commissioner under Division 3 of Part 12 of the old Act;

(b) a special investigation of an ACLEI corruption issue by a special investigator under Division 4 of Part 12 of the old Act.

(2) The National Anti-Corruption Commissioner may continue to conduct the investigation as if the old Act had not been repealed.

(3) The special investigator may continue to conduct the special investigation as if the old Act had not been repealed.

(4) However, the Inspector may, by notice in writing (the NACC corruption issue transition notice ), determine that the new Act applies to the investigation or special investigation if the Inspector considers that:

(a) it is more appropriate to deal with the investigation or special investigation under the new Act; and

(b) the investigation or special investigation could involve corrupt conduct that is serious or systemic.

(5) If the Inspector issues the NACC corruption issue transition notice:

(a) the investigation or special investigation is taken to be a NACC corruption investigation under the new Act; and

(b) the Inspector must continue the conduct of the investigation or special investigation under Division 3 of Part 10 of the new Act.

(6) The Inspector must, as soon as reasonably practicable, give a copy of the NACC corruption issue transition notice to:

(a) the National Anti-Corruption Commissioner; and

(b) the special investigator.

(7) The new Act applies to the investigation from the later of the following times:

(a) the time the NACC corruption issue transition notice is given to the National-Anti-Corruption Commissioner;

(b) the time specified in the notice.

(8) A NACC corruption issue transition notice is not a legislative instrument.