Commonwealth: National Anti-Corruption Commission Act 2022 (Cth)

National Anti‑Corruption Commission Act 2022 No. 88, 2022 Compilation No. 10 Compilation date: 1 February 2025 Includes amendments: Act No. 139, 2024 About this compilation This compilation This is a compilation of the National Anti-Corruption Commission Act 2022 that shows the text of the law as amended and in force on 1 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 Simplified outline of this Act 5 Application of this Act 6 Crown to be bound 7 Definitions Part 2—Key concepts used in this Act Division 1—Corrupt conduct and corruption issues 8 Meaning of corrupt conduct 9 Meaning of corruption issue Division 2—Public officials 10 Meaning of public official Division 3—Commonwealth agencies and the heads of those agencies 11 Commonwealth agencies and the heads of those agencies Division 4—Staff members of Commonwealth agencies 12 Meaning of staff member—Commonwealth agencies 13 Meaning of contracted service provider for a Commonwealth contract 14 Meaning of statutory office holder Division 5—Commonwealth integrity agencies 15 Meaning of Commonwealth integrity agency Part 3—The National Anti‑Corruption Commission Division 1—The Commissioner 16 The Commissioner 17 Functions of the Commissioner Division 2—The Deputy Commissioners 18 The Deputy Commissioners 19 Functions of a Deputy Commissioner Division 3—The National Anti‑Corruption Commission 20 Establishment of the National Anti‑Corruption Commission 21 Constitution of the NACC 22 Functions of the NACC Part 4—Protections for disclosers under this Act Division 1—Meaning of NACC disclosure 23 Meaning of NACC disclosure Division 2—Protection of persons from liability 24 Protection of persons from liability 25 Liability for false or misleading statements unaffected 26 Person's liability for own conduct not affected 27 Claims for protection 28 Protection has effect despite other Commonwealth laws Division 3—Protection from reprisals 29 What constitutes taking a reprisal 30 Offences—reprisals in relation to NACC disclosures Division 4—Protection for journalists' informants 31 Protection for journalists' informants Part 5—Referring corruption issues Division 1—Voluntary referrals 32 Any person may refer corruption issue Division 2—Mandatory referrals 33 Mandatory referral—Commonwealth agencies other than intelligence agencies 34 Mandatory referral—intelligence agencies 35 Mandatory referral—Public Interest Disclosure Act disclosures 36 Mandatory referral—secrecy protection provisions 37 Mandatory referral—exceptions 38 Mandatory referral—timing and information requirements Division 3—Other matters relating to referrals 39 Effect of referral on continued actions Part 6—Dealing with corruption issues Division 1—Dealing with corruption issues 40 Commissioner may deal with corruption issues 41 How Commissioner deals with corruption issues 42 Preliminary investigations by Commissioner 43 Commissioner's directions about further action 44 Action that can be taken without permission 45 Previous investigations by Commonwealth integrity agencies 46 Matters dealt with by Independent Parliamentary Expenses Authority 47 Matters dealt with by Electoral Commissioner 48 Public statements about corruption issues Division 2—Investigations conducted by Commonwealth agencies 49 Application 50 Commissioner may oversee investigation 51 Commissioner may give directions 52 Commissioner may require reports 53 Commissioner's comments and recommendations 54 Follow‑up action on completion report Part 7—Investigating corruption issues Division 1—General 55 Application of Part 56 Conduct of corruption investigations generally Division 2—Requiring information, documents and things Subdivision A—Directions to agency heads 57 Directions to agency heads Subdivision B—Notices to produce 58 Notices to produce 59 Period for complying 60 Offence—failure to comply with notice to produce 61 Offence—producing false or misleading information or documents Division 3—Hearings Subdivision A—Commissioner may hold hearings 62 Commissioner may hold hearings 63 Commissioner may summon persons 64 Summons must set out matters for questioning 65 Commissioner may require information, documents and things 66 Legal representation 67 Record of hearings 68 Offence—failure to attend hearing 69 Offence—failure to give information, or produce documents or things 70 Offence—destroying documents or things 71 Offence—giving false or misleading evidence, information or documents 72 Offences—obstructing or hindering hearings, threatening persons present Subdivision B—Private and public hearings 73 Private and public hearings 74 Evidence that must be given in private 75 Presence of others at private hearings 76 Request to give evidence in private 77 Investigation material from private hearings Subdivision C—Evidence and procedure 78 Evidence on oath or by affirmation 79 Commissioner may take evidence outside Australia 80 Examination and cross‑examination of witnesses 81 Offence—failure to take an oath, make an affirmation or answer a question Subdivision D—Contempt of the NACC 82 Contempt of the NACC 83 Application for court to deal with contempt 84 Conduct of contempt proceedings 85 Person in contempt may be detained 86 Commissioner may withdraw contempt application 87 Double jeopardy Subdivision E—Travel documents and arrest of witnesses 88 Applying for orders to deliver travel documents 89 Orders to deliver travel documents 90 Application for warrant to arrest witness 91 Warrant for arrest 92 Powers of judge in relation to person arrested Subdivision F—Miscellaneous 93 Allowances for travelling and other expenses 94 Protection of Commissioner and legal practitioners assisting Division 4—Use and disclosure of certain information and material Subdivision A—Non‑disclosure notations 95 Non‑disclosure notations 96 When non‑disclosure notations must or may be included 97 Cancelling non‑disclosure notations 98 Offence—failure to comply with non‑disclosure notations Subdivision B—Use and disclosure of investigation material 99 Meaning of investigation material 100 Directions about use or disclosure of investigation material 101 Offence—use or disclosure of investigation material 102 Disclosure to IGIS officials and Ombudsman officials 103 Making investigation material available to courts 104 Obtaining derivative material 105 Disclosing investigation and derivative material to prosecutors of the witness 106 Court's powers to order disclosure and to ensure a fair trial 107 Certain material may always be disclosed to prosecutors of the witness 108 Use of material by prosecutors 109 Making material available to proceeds of crime authorities Division 5—Retention and return of documents and things 110 Commissioner may retain documents and things 111 When documents and things must be returned 112 Magistrate may permit documents and things to be retained, forfeited etc. Division 6—Privileges and protections 113 Self‑incrimination 114 Public interest grounds 115 Material sought from legal practitioners 116 Other protections Division 7—Search powers Subdivision A—Search powers 117 Entering certain places without a search warrant 118 Receipts for documents and things seized without warrant 119 Search warrants, and stopping and searching conveyances 120 Use and return of documents and things Subdivision B—Modification of Crimes Act search powers 121 Application of Subdivision 122 Subsection 3C(1)—definition of evidential material 123 Divisions 2, 3 and 5 of Part IAA—references to constable and Commissioner 124 Subsections 3E(1) and (2)—when search warrants can be issued 125 Subsection 3E(4)—previous warrants 126 Provisions of sections 3E, 3F, 3FA, 3L and 3LAA 127 Subparagraph 3LA(2)(b)(i)—accessing computer systems 128 Provisions of section 3T Division 8—Interaction with criminal procedure and confiscation proceedings Subdivision A—Key concepts 129 Meaning of pre‑charge 130 Meaning of post‑charge 131 Meaning of relevant offence 132 Meaning of imminent and protected suspect 133 Meaning of derivative material 134 Meaning of pre‑confiscation application 135 Meaning of post‑confiscation application 136 Meaning of confiscation proceeding 137 Meaning of relevant confiscation proceeding 138 Meaning of proceeds of crime authority 139 When a charge or confiscation proceeding is resolved Subdivision B—Commissioner's powers—limited operation provisions 140 Limited operation—Commissioner's power to issue notices to produce 141 Limited operation—Commissioner's power to hold hearings 142 Limited operation—Commissioner's power to summon person 143 Limited operation—obtaining derivative material 144 Limited operation—disclosing investigation material to prosecutors of the witness 145 Limited operation—disclosing derivative material to prosecutors of the witness 146 Limited operation—material that may always be disclosed to prosecutors of the witness 147 Limited operation—disclosing material to proceeds of crime authorities Subdivision C—Witness' fair trial—limited operation 148 Limited operation—witness' fair trial Part 8—Reporting on corruption investigations 149 Report on corruption investigation 150 Effect of findings or opinions about corrupt conduct 151 Excluding certain information from investigation report 152 Protected information report 153 Opportunity to respond must be given before including certain information in investigation report 154 Commissioner to give copies of reports to certain persons 155 Tabling of investigation report in Parliament 156 Publishing investigation report in whole or part 157 Opportunity to respond must be given before publishing an investigation report containing critical opinions etc. 158 Advising person who referred corruption issue of outcome of the investigation 159 Advising person whose conduct is investigated of outcome of the investigation 160 Follow‑up action on investigation report Part 9—Public inquiries 161 Commissioner may conduct public inquiries 162 Commissioner may invite submissions 163 Commissioner's powers 164 Reporting on public inquiries 165 Protected information report 166 Opportunity to respond must be given before including certain information in inquiry report 167 Commissioner to give copies of reports to certain persons 168 Tabling of inquiry report in Parliament 169 Publishing inquiry report in whole or part 170 Opportunity to respond must be given before publishing an inquiry report containing critical opinions etc. 171 Follow‑up action on inquiry report Part 10—Oversight of the National Anti‑Corruption Commission Division 1—Parliamentary Joint Committee on the National Anti‑Corruption Commission 172 Parliamentary Joint Committee on the National Anti‑Corruption Commission 173 Chair of the Committee 174 Eligibility for appointment as a Committee member 175 Terms of office of Committee members 176 Powers and proceedings of the Committee 177 Functions of the Committee 178 Committee may approve or reject recommendation for appointment 179 Staff of the Committee must be cleared for security purposes 180 Protection of information and documents 181 Committee's access to certain information Division 2—The Inspector of the National Anti‑Corruption Commission Subdivision A—Functions and powers of the Inspector 182 The Inspector 183 Independence 184 Functions of the Inspector Subdivision B—Appointment of the Inspector 185 Appointment of the Inspector 186 Acting appointments 187 Remuneration 188 Leave of absence 189 Other paid work 190 Disclosure of interests to the Minister 191 Other terms and conditions 192 Resignation 193 Termination of appointment Subdivision C—Persons assisting the Inspector 194 Persons assisting the Inspector 195 Meaning of person assisting the Inspector Subdivision D—Immunities of Inspector and persons assisting 196 Immunity from civil proceedings for the Inspector and persons assisting 197 Immunities from certain State and Territory laws Subdivision E—Annual report by Inspector 198 Annual report 199 Exclusion of certain information from annual report 200 Effect of findings or opinions about corrupt conduct Division 3—NACC corruption issues Subdivision A—Meaning of NACC corruption issue 201 Meaning of NACC corruption issue Subdivision B—Referring NACC corruption issues 202 Any person may refer NACC corruption issue 203 Mandatory referral—Commissioner 204 Mandatory referral—Public Interest Disclosure Act disclosures 205 Mandatory referral—secrecy provisions 206 Mandatory referral—exceptions 207 Mandatory referral—timing and information requirements 208 Effect of referral on continued actions Subdivision C—Dealing with NACC corruption issues 209 Inspector may deal with NACC corruption issues 210 How Inspector deals with NACC corruption issues 211 Other matters related to dealing with NACC corruption issues Division 4—Investigating and reporting by Inspector Subdivision A—Investigations by Inspector 212 Application of Division 213 Conduct of investigations generally 214 Inspector's powers to investigate 214A Inspector's powers to conduct audits Subdivision B—Reporting on NACC corruption investigations and NACC complaint investigations 215 Report on NACC corruption investigation or NACC complaint investigation 216 Effect of findings or opinions about corrupt conduct 217 Excluding certain information from NACC investigation report 218 Protected information report 219 Opportunity to respond must be given before including certain information in NACC investigation report 220 Inspector to give copies of reports to certain persons 221 Tabling of NACC investigation report in Parliament 222 Publishing NACC investigation report in whole or in part 223 Opportunity to respond must be given before publishing a NACC investigation report containing critical opinions etc. 224 Advising person who referred NACC corruption issue or made complaint of outcome 225 Advising person whose conduct is investigated of outcome of the investigation 226 Follow‑up action on NACC investigation report Part 11—Confidentiality, consultation and information sharing Division 1—Confidentiality requirements 227 Key concepts 228 Confidentiality requirements for entrusted persons 229 Authorisations to record or disclose information 230 Disclosure by authorised discloser in public interest 231 Opportunity to respond must be given before disclosure of critical opinions, findings and recommendations 232 Entrusted persons generally not compellable in proceedings 233 Confidentiality requirements for persons who receive information about investigations and inquiries Division 2—Protected information reports 234 Public disclosure of protected information reports prohibited Division 3—National security and related matters Subdivision A—Attorney‑General's certificates about release of information 235 Attorney‑General's certificate in relation to particular information 236 Attorney‑General's certificate in relation to international relations Subdivision B—Arrangements relating to intelligence agencies and the IGIS 237 Person investigating or inquiring must consult—security matters 238 Consultation before requiring information, documents or things from IGIS officials 239 Arrangements for dealing with intelligence information Subdivision C—Arrangements relating to foreign nationals 240 Person investigating or inquiring must consult—foreign nationals Part 12—Administrative provisions for the National Anti‑Corruption Commission Division 1—Appointment of the NACC Commissioners 241 Appointment of the Commissioner 242 Appointment of the Deputy Commissioners 243 Acting appointments 244 Remuneration 245 Leave of absence 246 Other paid work 247 Disclosure of interests 248 Other terms and conditions 249 Resignation 250 Termination of appointment Division 2—The CEO, staff etc. and authorised officers Subdivision A—Appointment and functions of the CEO 251 The Chief Executive Officer 252 Functions of CEO 253 Commissioner may give directions to CEO 254 Appointment of CEO 255 Acting appointments 256 Remuneration 257 Leave of absence 258 Other paid work 259 Other terms and conditions 260 Resignation 261 Termination of appointment Subdivision B—Staff and consultants etc. 262 Staff 263 Consultants 264 Persons assisting the NACC 265 Counsel assisting the NACC or a NACC Commissioner 266 Meaning of staff member of the NACC Subdivision C—Authorised officers 267 Appointment of authorised officers 268 Identity cards Division 3—Immunities of staff members of the NACC 269 Immunity from civil proceedings for staff members of the NACC and persons assisting 270 Immunities from certain State and Territory laws Division 4—Annual report by Commissioner 271 Annual report 272 Exclusion of certain information from annual report 273 Effect of findings or opinions about corrupt conduct Part 13—Miscellaneous Division 1—Parliamentary privilege and other protections 274 Effect of Act on parliamentary privileges and immunities 275 Protections relating to non‑judicial functions and powers Division 2—Delegations and review 276 Delegation by the Commissioner 276A Delegation by the Inspector 277 Delegation by heads of Commonwealth agencies 278 Review of operation of Act Division 3—Instruments under the Act 279 Guidelines 280 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the establishment of the National Anti‑Corruption Commission, and for related purposes Part 1—Preliminary 1 Short title This Act is the National Anti‑Corruption Commission Act 2022. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Part 1 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 12 December 2022 2. Parts 2 to 9 A single day to be fixed by Proclamation. 1 July 2023 However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2023N00078) 3. Part 10, Division 1 The day after this Act receives the Royal Assent. 13 December 2022 4. Part 10, Divisions 2 to 4 At the same time as the provisions covered by table item 2. 1 July 2023 5. Parts 11 to 13 At the same time as the provisions covered by table item 2. 1 July 2023 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Objects of this Act The objects of this Act include the following: (a) to facilitate: (i) the detection of corrupt conduct; and (ii) the timely investigation of corruption issues that could involve corrupt conduct that is serious or systemic; (b) to enable, after investigation of a corruption issue, the referral of persons for criminal prosecution, civil proceedings or disciplinary action; (c) to prevent corrupt conduct; (d) to educate and provide information about corruption and the detrimental effects of corruption on public administration and the Australian community. 4 Simplified outline of this Act This Act provides for the appointment of the National Anti‑Corruption Commissioner, and establishes the National Anti‑Corruption Commission. The Commissioner is able to investigate corruption issues that could involve corrupt conduct that is serious or systemic. A corruption issue is an issue of whether a person has engaged, is engaging or will engage in corrupt conduct. Corrupt conduct is defined in section 8, and can only be: (a) conduct by a public official; or (b) conduct that adversely affects, or that could adversely affect, the honest or impartial exercise or performance of a public official's powers, functions or duties. Part 4 provides special protections for persons who refer corruption issues, or provide other information, under this Act. Parts 5 to 7 set out processes for referring, dealing with and investigating corruption issues. Requirements for reporting on corruption investigations are found in Part 8. The Commissioner can also: (a) conduct broader public inquiries into corruption risks and prevention measures within Commonwealth agencies; and (b) provide education and information in relation to corrupt conduct and preventing that conduct. The work of the Commission is overseen by the Parliamentary Joint Committee on the National Anti‑Corruption Commission. The Inspector of the National Anti‑Corruption Commission assists with this oversight, in particular with corruption issues and complaints relating to the Commission. 5 Application of this Act This Act applies both within and outside Australia and extends to the external Territories. 6 Crown to be bound (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 7 Definitions In this Act: accountable authority has the same meaning as in the PGPA Act. AFP means the Australian Federal Police. AFP Commissioner means the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979). agency head: see subsection 11(1). annual report: see subsections 198(1) and 271(1). Australia, when used in a geographical sense, includes the external Territories. Australian Geospatial‑Intelligence Organisation means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation. Australian travel document has the same meaning as in the Australian Passports Act 2005. authorised discloser: see subsection 227(1). authorised officer means: (a) the Commissioner; or (b) a Deputy Commissioner; or (c) a person appointed under section 267 (appointment of authorised officers). CEO means the Chief Executive Officer of the National Anti‑Corruption Commission. Note: See section 251. civil penalty proceeding means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth or of a State or Territory. Commissioner means the National Anti‑Corruption Commissioner. Note: See section 16. Committee means the Parliamentary Joint Committee on the National Anti‑Corruption Commission for the time being constituted under Division 1 of Part 10. Commonwealth agency: see section 11. Commonwealth company has the same meaning as in the PGPA Act. Commonwealth contract: see subsection 13(2). Commonwealth entity has the same meaning as in the PGPA Act. Commonwealth integrity agency: see section 15. completion report: see paragraph 52(b). confiscation proceeding: see section 136. constable means: (a) a member or special member of the AFP; or (b) a member of the police force or police service of a State or Territory. container includes: (a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and (b) any baggage; and (c) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose. contract includes any arrangement, agreement, deed or understanding. contracted service provider: see section 13. contravenes: (a) for a certificate issued under section 235—see subsection 235(9); and (b) for an international relations certificate—see subsection 236(8). conveyance includes an aircraft, vehicle or vessel. corporate Commonwealth entity has the same meaning as in the PGPA Act. corrupt conduct: see section 8. corruption investigation: see subsection 41(2). corruption issue: see section 9. criminal proceeding means a prosecution for an offence against a law of the Commonwealth or of a State or Territory. Defence Department means the Department administered by the Minister administering Part III of the Defence Act 1903. Defence Intelligence Organisation means that part of the Defence Department known as the Defence Intelligence Organisation. Deputy Commissioner means a National Anti‑Corruption Deputy Commissioner. Note: See section 18. derivative material: see section 133. detriment: see subsection 29(2). direction to produce: see subsection 57(3). entrusted person: see subsection 227(2). exempt secrecy provision means any of the following secrecy provisions: (a) Part 11 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; (b) section 34 of the Inspector‑General of Intelligence and Security Act 1986; (c) a secrecy provision under the My Health Records Act 2012; (d) a secrecy provision in Part VIIIA of the Privacy Act 1988; (e) sections 45 and 45B of the Surveillance Devices Act 2004; (f) a secrecy provision that is a provision of a taxation law within the meaning of the Taxation Administration Act 1953; (g) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979; (h) a secrecy provision that is expressed by another law of the Commonwealth to have effect despite this Act; (i) anything done under a provision referred to in paragraphs (a) to (h). Federal Court means the Federal Court of Australia. finance law has the same meaning as in the PGPA Act. Foreign Affairs Department: see subsection 240(3). head: (a) of a Commonwealth agency—see subsection 11(1); and (b) of a State or Territory government entity—means the person holding, or performing the duties of, the principal office in respect of the entity. hearing means a hearing held under this Act. IGIS means the Inspector‑General of Intelligence and Security. IGIS official means: (a) the IGIS; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. imminent: for when a charge for an offence, or a confiscation proceeding, is imminent, see subsections 132(1) and (2). inquiry report: see subsection 164(1). Inspector means the Inspector of the National Anti‑Corruption Commission. Note: See section 182. Inspector‑General of Aged Care means the Inspector‑General of Aged Care referred to in section 9 of the Inspector‑General of Aged Care Act 2023. Inspector‑General of Animal Welfare and Live Animal Exports means the Inspector‑General of Animal Welfare and Live Animal Exports referred to in section 9 of the Inspector‑General of Animal Welfare and Live Animal Exports Act 2019. Inspector‑General of Biosecurity means the Inspector‑General of Biosecurity appointed under section 566A of the Biosecurity Act 2015. Inspector‑General of the Australian Defence Force means the Inspector‑General of the Australian Defence Force referred to in section 110B of the Defence Act 1903. Inspector‑General of Water Compliance means the Inspector‑General of Water Compliance referred to in section 215B of the Water Act 2007. intelligence agency means: (a) the Australian Geospatial‑Intelligence Organisation; or (b) the Australian Secret Intelligence Service; or (c) the Australian Security Intelligence Organisation; or (d) the Australian Signals Directorate; or (e) the Defence Intelligence Organisation; or (f) the Office of National Intelligence. intelligence information: see subsection 239(6). international relations has the meaning given by section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004. international relations certificate: see subsection 236(2). investigation material: see section 99. investigation report: see subsection 149(1). law enforcement agency means: (a) the AFP; or (b) a police force or police service of a State or Territory; or (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or Territory. law of the Commonwealth includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory. legal aid officer: see subsection 98(5). legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory. magistrate: see subsection 112(5). medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. NACC means the National Anti‑Corruption Commission. Note: See section 20. NACC Act process means: (a) a corruption investigation; or (b) a NACC complaint investigation; or (c) a NACC corruption investigation; or (d) a public inquiry. NACC Commissioner means: (a) the Commissioner; or (b) a Deputy Commissioner. NACC complaint investigation: see subsection 212(2). NACC corruption investigation: see subsection 210(2). NACC corruption issue: see section 201. NACC disclosure: see section 23. NACC investigation report: see subsection 215(1). non‑disclosure notation: see subsection 95(1). notice to produce: see subsection 58(3). occupier: see subsection 268(6). official matter: see subsection 95(5). official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). parliamentarian means: (a) a senator; or (b) a member of the House of Representatives; or (c) a Minister of State (whether or not a senator or member of the House of Representatives); or (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or (f) a person to whom remuneration is payable under section 49 of the Parliamentary Business Resources Act 2017. parliamentary office means the office of a parliamentarian. Note: A parliamentarian is not a staff member of the parliamentary office (see paragraph 12(5)(c)). permanent resident of Australia: see subsection 240(4). person assisting the Inspector: see section 195. PGPA Act means the Public Governance, Performance and Accountability Act 2013. post‑charge: see section 130. post‑confiscation application: see section 135. pre‑charge: see section 129. pre‑confiscation application: see section 134. premises includes a place, a conveyance or a container. private hearing summons: see subsection 95(4). proceeds of crime authority: see section 138. prosecuting authority: see subsection 105(6). prosecutor: see subsection 105(5). protected information report: see sections 152, 165 and 218. protected suspect: see subsection 132(3). psychologist means a person registered or licensed as a psychologist under a law of a State or Territory that provides for the registration or licensing of psychologists. public inquiry means a public inquiry conducted under Part 9. public official: see section 10. relevant confiscation proceeding: see section 137. relevant offence: see section 131. resolved: for when a charge for an offence, or a confiscation proceeding, is resolved, see section 139. secrecy provision means: (a) a provision of a law of the Commonwealth that purports to prohibit; or (b) anything done, under a provision of a law of the Commonwealth, to prohibit; any of the following: (c) the use of information, or a document or thing; (d) dealing with information, or a document or thing; (e) making a record of information, or a copy of a document or thing; (f) the disclosure or publication of information; (g) the production of, or the publication of the contents of, a document; (h) the production of a thing; (i) access to information, a document or a thing; regardless of whether the provision of the law of the Commonwealth: (j) commenced before the commencement of this definition; or (k) is expressed to apply despite any other law. section 235 certified information means: (a) information that is about a matter specified in a certificate in force under section 235; or (b) information contained in a document specified in a certificate in force under section 235. security matter: see subsection 237(4). sensitive information: see subsection 227(3). serious offence: see subsection 112(6). staff member: (a) of a Commonwealth agency—see section 12; (b) of the NACC—see section 266. State or Territory government entity means: (a) a Department of a State or Territory; or (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory. statutory office holder: see section 14. subsidiary has the same meaning as in the PGPA Act. summons means a summons issued under section 63. superior court judge: see subsection 90(3). takes a reprisal: see section 29. travel document: see subsection 88(2). witness: (a) means a person who: (i) is required to comply with a notice to produce; or (ii) is summoned to attend a hearing; or (iii) gives evidence at a hearing; and (b) in relation to investigation material, has the meaning given by subsection 99(4); and (c) in relation to derivative material, has the meaning given by subsection 99(5). Part 2—Key concepts used in this Act Division 1—Corrupt conduct and corruption issues 8 Meaning of corrupt conduct (1) Each of the following is corrupt conduct: (a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly: (i) the honest or impartial exercise of any public official's powers as a public official; or (ii) the honest or impartial performance of any public official's functions or duties as a public official; (b) any conduct of a public official that constitutes or involves a breach of public trust; (c) any conduct of a public official that constitutes, involves or is engaged in for the purpose of abuse of the person's office as a public official; (d) any conduct of a public official, or former public official, that constitutes or involves the misuse of information or documents acquired in the person's capacity as a public official. (2) However, paragraph (1)(a) does not apply in relation to conduct of the following: (a) the Governor‑General; (b) a Deputy Governor‑General; (c) a Justice of the High Court or a judge of a court created by the Parliament; (d) a judge of a court of a State or Territory; (e) a member of a Royal Commission; (f) the Inspector, or a person assisting the Inspector. (3) To avoid doubt, paragraph (1)(a) covers a public official's own conduct, if it has, or could have, the specified adverse effects in relation to the public official's powers, functions or duties. Conduct before commencement (4) Conduct may be corrupt conduct even though it occurred before the commencement of this section. (5) Conduct involving a public official may be corrupt conduct even though the person was no longer a public official when this section commenced. Judicial powers, functions and duties (6) Corrupt conduct does not include conduct engaged in by a staff member of the High Court or of a court created by the Parliament to exercise a power, or perform a function or duty, of a judicial nature. (7) Conduct is not corrupt conduct under paragraph (1)(a) to the extent that it affects the exercise of a power, or the performance of a function or duty, of a judicial nature by a public official who is a staff member of the High Court or of a court created by the Parliament. Note: A Justice of the High Court or a judge of a court created by the Parliament is not a staff member of a Commonwealth agency: see paragraph 12(5)(d). Conduct need not be for personal benefit (8) Conduct involving a public official may be corrupt conduct even if the conduct is not for the person's personal benefit. Conduct alone or with others (9) A person may engage in corrupt conduct alone, or with the agreement or participation of other persons (whether or not those other persons are public officials). Conduct amounting to conspiracy or attempt (10) Conduct comprising conspiracy or an attempt to commit or engage in conduct covered by subsection (1) is itself corrupt conduct. Conducting parliamentary business using public resources (11) To avoid doubt, the use by a parliamentarian, or a staff member of a Commonwealth agency, of public resources to conduct parliamentary business in accordance with the following does not constitute corrupt conduct: (a) the Parliamentary Business Resources Act 2017; (b) the Members of Parliament (Staff) Act 1984. (12) Terms used in subsection (11) that are defined in the Parliamentary Business Resources Act 2017 have the same meaning in that subsection as they do in that Act. Political activities (13) To avoid doubt, conduct engaged in as part of a political activity does not constitute corrupt conduct if the conduct does not involve or affect either of the following: (a) the exercise of a power, or the performance of a function or duty, by a public official; (b) the use of public resources (within the meaning of the PGPA Act). 9 Meaning of corruption issue (1) A corruption issue is an issue of whether a person: (a) has engaged in corrupt conduct; or (b) is engaging in corrupt conduct; or (c) will engage in corrupt conduct. (2) A NACC corruption issue is not a corruption issue. Note: See section 201 for the definition of a NACC corruption issue. Division 2—Public officials 10 Meaning of public official (1) Each of the following is a public official: (a) a parliamentarian; (b) a staff member of a Commonwealth agency; (c) a staff member of the NACC. (2) A person who is acting for and on behalf of, or as a deputy or delegate of, any person or body set out in subsection (1) is also a public official. Division 3—Commonwealth agencies and the heads of those agencies 11 Commonwealth agencies and the heads of those agencies (1) A body or office specified in column 1 of an item in the following table is a Commonwealth agency, and the head (or agency head) of that agency is the person specified in column 2 of that item. Commonwealth agencies and the heads of those agencies Item Column 1 Column 2 Commonwealth agency Head of Commonwealth agency 1 A parliamentary office The parliamentarian 2 A Commonwealth entity Whichever of the following applies: (a) if the accountable authority of the entity is a single person—that person; (b) if the accountable authority of the entity is a governing body or other group of persons: (i) the chief executive officer (however described) of the entity (unless subparagraph (ii) applies); or (ii) if the regulations prescribe another person as the head of the entity—that other person 3 A Commonwealth company Whichever of the following applies: (a) the chief executive officer (however described) of the company (unless paragraph (b) applies); (b) if the regulations prescribe another person as the head of the company—that other person 4 A subsidiary of: Whichever of the following applies: (a) a Commonwealth company; or (a) the chief executive officer (however described) of the subsidiary (unless paragraph (b) applies); (b) a corporate Commonwealth entity (b) if the regulations prescribe another person as the head of the subsidiary—that other person 5 The High Court The Chief Executive and Principal Registrar of the High Court 6 The Australian Geospatial‑Intelligence Organisation The Director of the Australian Geospatial‑Intelligence Organisation 7 The Defence Intelligence Organisation The Director of the Defence Intelligence Organisation 7A The Inspector‑General of Animal Welfare and Live Animal Exports The Inspector‑General of Animal Welfare and Live Animal Exports 8 The Inspector‑General of the Australian Defence Force The Inspector‑General of the Australian Defence Force 9 The Inspector‑General of Biosecurity The Inspector‑General of Biosecurity 11 The Inspector‑General of Water Compliance The Inspector‑General of Water Compliance 12 A body prescribed by the regulations for the purposes of this item that is established for a public purpose by, or under, a law of the Commonwealth (other than a general law allowing incorporation as a company or body corporate) The person prescribed by the regulations for the purposes of this item (2) To avoid doubt, each of the following is taken to be a Commonwealth agency in its own right, and not part of a Department: (a) the Australian Geospatial‑Intelligence Organisation; (b) the Defence Intelligence Organisation; (ba) the Inspector‑General of Animal Welfare and Live Animal Exports; (c) the Inspector‑General of the Australian Defence Force; (d) the Inspector‑General of Biosecurity; (f) the Inspector‑General of Water Compliance. (3) Despite subsection (1), the NACC is not a Commonwealth agency. Division 4—Staff members of Commonwealth agencies 12 Meaning of staff member—Commonwealth agencies (1) The following are staff members of a Commonwealth agency: (a) in the case of a parliamentary office—an individual who is employed by the parliamentarian under the Members of Parliament (Staff) Act 1984; (b) in the case of an agency other than a parliamentary office—the head of the agency; (c) if the agency is a Commonwealth entity—an official (within the meaning of the PGPA Act) of the entity; (d) in any case—an individual who is employed by, or engaged in assisting: (i) the agency; or (ii) a staff member of the agency on behalf of the agency or the Commonwealth; (e) a director or officer of the following: (i) a Commonwealth company; (ii) a subsidiary of a corporate Commonwealth entity or a Commonwealth company; (f) if the agency is responsible for administering a Commonwealth contract—an individual who is either of the following: (i) a contracted service provider for the contract; (ii) both an officer or employee of a contracted service provider for the contract and someone who provides goods or services for the purposes (whether direct or indirect) of the contract; (g) in any case—a secondee to the agency. (2) However, if a Commonwealth agency is covered by an item of the following table then the staff members of the agency are the persons mentioned in paragraphs (1)(b), (f) and (g) and the persons mentioned in column 2 of that item. Staff members for certain Commonwealth agencies Item Column 1 Column 2 Agency Staff members 1 The High Court An individual who is appointed or engaged as an officer or employee of the High Court under section 26 of the High Court of Australia Act 1979 2 Either of the following: An individual who is employed in the agency or a member of the Australian Defence Force who is engaged in the agency (a) the Australian Geospatial‑Intelligence Organisation; (b) the Defence Intelligence Organisation 2A The Inspector‑General of Animal Welfare and Live Animal Exports An individual acting under the authority of the Inspector‑General of Animal Welfare and Live Animal Exports 3 The Inspector‑General of Biosecurity An individual engaged under the Public Service Act 1999 who is assisting the Inspector‑General of Biosecurity 5 The Inspector‑General of Water Compliance An individual engaged under the Public Service Act 1999 who is assisting the Inspector‑General of Water Compliance 6 The Inspector‑General of the Australian Defence Force A member of the staff of the Inspector‑General of the Australian Defence Force 7 The Administrative Review Tribunal Each of the following: (a) a non‑judicial member (within the meaning of the Administrative Review Tribunal Act 2024); (b) a staff member (within the meaning of that Act) (3) An individual who: (a) is covered by column 1 of an item of the following table; and (b) is not a staff member of a Commonwealth agency under subsection (1) or (2); is a staff member of the agency identified under column 2 of that item. Staff members of Commonwealth agencies—rules for certain statutory office holders and other individuals Item Column 1 Column 2 Individual Agency 1 An individual who is a statutory office holder Whichever of the following applies: (a) if the purposes of a Commonwealth entity for the purposes of the finance law include assisting the office holder, or a body (whether incorporated or not) of which the office holder is a member or forms a part—the Commonwealth entity (subject to paragraph (b)); (b) if the primary function of the office holder is to assist a Commonwealth agency, or another staff member of such an agency, in the performance of the agency's or the other staff member's functions—that agency; (c) the Department administered by the Minister responsible for administering the provision of the law by or under which the office is established (subject to paragraphs (a) and (b)) 2 An individual (other than an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the individual by or under a provision of a law of the Commonwealth, other than by or under: Whichever of the following applies: (a) a general law allowing incorporation as a company or body corporate; or (a) if the power is exercised, or the function is performed, for the purpose of assisting a Commonwealth agency, or another staff member of such an agency, in the performance of the agency's or other staff member's functions—that agency; (b) the Australian Capital Territory (Self‑Government) Act 1988; or (b) the Department administered by the Minister responsible for administering the provision of the law (subject to paragraph (a)) (c) the Northern Territory (Self‑Government) Act 1978; or (d) a provision of a law prescribed by the regulations for the purposes of this paragraph 3 An individual who is a director, officer, employee or contractor of a body corporate that exercises powers, or performs functions, conferred on the body corporate by or under a provision of a law of the Commonwealth, other than by or under: Whichever of the following applies: (a) a general law allowing incorporation as a company or body corporate; or (a) if the power is exercised, or the function is performed, for the purpose of assisting a Commonwealth agency, or another staff member of such an agency, in the performance of the agency's or other staff member's functions—that agency; (b) the Australian Capital Territory (Self‑Government) Act 1988; or (b) the Department administered by the Minister responsible for administering the provision of the law (subject to paragraph (a)) (c) the Northern Territory (Self‑Government) Act 1978; or (d) a provision of a law prescribed by the regulations for the purposes of this paragraph 4 An individual who holds an appointment under section 67 of the Constitution The Department administered by the Prime Minister Providing for individuals to be staff members of a different agency (4) The regulations may provide that an individual who would otherwise be a staff member of a particular Commonwealth agency under subsection (1), (2) or (3) is a staff member of a different Commonwealth agency. Certain individuals are not staff members (5) Despite anything else in this section, none of the following is a staff member of a Commonwealth agency: (a) the Governor‑General; (b) a Deputy Governor‑General; (c) a parliamentarian; (d) a Justice of the High Court or a judge of a court created by the Parliament; (e) a judge of a court of a State or Territory; (f) a member of a Royal Commission; (g) a staff member of the NACC; (h) the Inspector, or a person assisting the Inspector. 13 Meaning of contracted service provider for a Commonwealth contract (1) A contracted service provider for a Commonwealth contract is: (a) a person (other than the Commonwealth or a Commonwealth agency) who: (i) is a party to the Commonwealth contract; and (ii) is responsible for the provision of goods or services (or both) under the Commonwealth contract; or (b) a person who: (i) is a party to a contract (the subcontract) with a person who is a contracted service provider for the Commonwealth contract under paragraph (a) (or under a previous application of this paragraph); and (ii) is responsible under the subcontract for the provision of goods or services (or both) for the purposes (whether direct or indirect) of the Commonwealth contract. (2) A Commonwealth contract is a contract: (a) to which the Commonwealth or a Commonwealth agency is a party; and (b) under which goods or services (or both) are to be, or were to be, provided: (i) to the Commonwealth or the Commonwealth agency, as relevant; or (ii) in connection with the activities of the Commonwealth or the Commonwealth agency, as relevant. Note: Contract is defined in section 7 to include any arrangement, agreement, deed or understanding. (3) Despite subsection (1), the following are not contracted service providers for a Commonwealth contract: (a) a State or Territory government entity; (b) the government of a foreign country, or of a part of a foreign country; (c) a person in a class prescribed by the regulations for the purposes of this paragraph. 14 Meaning of statutory office holder (1) A statutory office holder is an individual (other than an official of a registered industrial organisation) who holds an office or appointment under a law of the Commonwealth, other than under: (a) a general law allowing incorporation as a company or body corporate; or (b) the Australian Capital Territory (Self‑Government) Act 1988; or (c) the Northern Territory (Self‑Government) Act 1978; or (d) a provision of a law prescribed by the regulations for the purposes of this paragraph. (2) Despite paragraph (1)(a), the following offices and appointments are statutory office holders: (a) the office of Registrar, or Deputy Registrar, of Aboriginal and Torres Strait Islander Corporations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; (b) the office of a member of a committee convened under Part 2 of Schedule 2 to the Corporations Act 2001; (c) any other office or appointment prescribed by the regulations for the purposes of this paragraph. Division 5—Commonwealth integrity agencies 15 Meaning of Commonwealth integrity agency Each of the following office holders, together with their staff (if any), is a Commonwealth integrity agency: (a) the Commonwealth Ombudsman, a Deputy Commonwealth Ombudsman, the Defence Force Ombudsman, the Postal Industry Ombudsman, the Overseas Students Ombudsman, the Private Health Insurance Ombudsman, the VET Student Loans Ombudsman and the National Student Ombudsman; (b) the Australian Public Service Commissione