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

Schedule 2   Application, saving and transitional provisions

Part 4   Facilitating investigations and inquiries

9   Transitional - notices to give information or produce documents or things

(1) This item applies in relation to any of the following:

(a) a notice given to a person, before the transition time, by the Integrity Commissioner under subsection 75(1) of the old Act requiring the recipient of the notice to give information or to produce a document or thing with which the recipient has not yet complied;

(b) a notation included, under subsection 77A(2) of the old Act, in such a notice prohibiting the disclosure of information.

(2) The old Act continues to apply in relation to the notice and the notation as if the old Act had not been repealed.

(3) However, if the notice or notation relates to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, then the following apply:

(a) the notice is taken to be a notice to produce given by the National Anti-Corruption Commissioner under subsection 58(2) of the new Act;

(b) the notation is taken to be a non-disclosure notation included in the notice to produce for the purposes of subsection 95(1) of the new Act.