Commonwealth: National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 (Cth)

National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 No. 89, 2022 Compilation No. 1 Compilation date: 1 July 2023 Includes amendments up to: Act No. 23, 2023 Registered: 17 July 2023 About this compilation This compilation This is a compilation of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 that shows the text of the law as amended and in force on 1 July 2023 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Part 1—Repeals Law Enforcement Integrity Commissioner Act 2006 Part 2—Consequential amendments Administrative Decisions (Judicial Review) Act 1977 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Archives Act 1983 Australian Border Force Act 2015 Australian Crime Commission Act 2002 Australian Federal Police Act 1979 Australian Securities and Investments Commission Act 2001 Crimes Act 1914 Criminal Code Act 1995 Data Availability and Transparency Act 2022 Financial Transaction Reports Act 1988 Inspector‑General of Intelligence and Security Act 1986 National Consumer Credit Protection Act 2009 National Emergency Declaration Act 2020 Ombudsman Act 1976 Privacy Act 1988 Proceeds of Crime Act 2002 Public Interest Disclosure Act 2013 Radiocommunications Act 1992 Royal Commissions Act 1902 Surveillance Devices Act 2004 Taxation Administration Act 1953 Telecommunications Act 1997 Telecommunications (Interception and Access) Act 1979 Witness Protection Act 1994 Part 3—Other amendments Telecommunications Act 1997 Schedule 2—Application, saving and transitional provisions Part 1—Introduction Part 2—Existing investigations and inquiries Part 3—Corruption issues previously referred or notified Part 4—Facilitating investigations and inquiries Part 5—Requirements or permissions etc. under other Acts Part 6—ACLEI corruption issues Part 7—Information disclosure—prevention on public interest grounds Part 8—Reporting Part 9—Staffing Part 10—Miscellaneous transitional provisions Part 11—Transitional application of certain provisions in new Act Part 12—Transitional rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to deal with consequential and transitional matters arising from the enactment of the National Anti‑Corruption Commission Act 2022, and for other purposes 1 Short title This Act is the National Anti‑Corruption Commission (Consequential and Transitional Provisions) 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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 12 December 2022 2. Schedule 1 At the same time as section 40 of the National Anti‑Corruption Commission Act 2022 commences. 1 July 2023 However, the provisions do not commence at all if that section does not commence. 3. Schedule 2, items 1 to 55 At the same time as section 40 of the National Anti‑Corruption Commission Act 2022 commences. 1 July 2023 However, the provisions do not commence at all if that section does not commence. 4. Schedule 2, item 56 The later of: 13 December 2022 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) immediately after the commencement of Division 1 of Part 10 of the National Anti‑Corruption Commission Act 2022. However, the provision does not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 2, item 57 At the same time as section 40 of the National Anti‑Corruption Commission Act 2022 commences. 1 July 2023 However, the provision does not commence at all if that section does not commence. 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 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Part 1—Repeals Law Enforcement Integrity Commissioner Act 2006 1 The whole of the Act Repeal the Act. Part 2—Consequential amendments Administrative Decisions (Judicial Review) Act 1977 2 At the end of Schedule 1 Add: ; (zi) decisions under the following provisions of the National Anti‑Corruption Commission Act 2022: (i) provisions in Part 6 (including that Part as applied by section 211 of that Act); (ii) provisions in Part 7 (including that Part as applied by sections 163 and 214 of that Act); (iii) sections 161, 162, 209, 210 and 213. 3 Paragraph (eaa) of Schedule 2 Repeal the paragraph. Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 4 Section 5 (definition of Australian Commission for Law Enforcement Integrity officer) Repeal the definition. 5 Section 5 (paragraph (e) of the definition of entrusted investigating official) Repeal the paragraph, substitute: (e) the National Anti‑Corruption Commissioner; or 6 Section 5 (definition of Integrity Commissioner) Repeal the definition. 7 Section 5 (paragraph (f) of the definition of investigating officer) Repeal the paragraph, substitute: (f) a National Anti‑Corruption Commission officer. 8 Section 5 Insert: National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. National Anti‑Corruption Commission officer means a staff member of the NACC within the meaning of the National Anti‑Corruption Commission Act 2022. 9 Paragraph 49(1)(f) Repeal the paragraph, substitute: (f) the National Anti‑Corruption Commissioner; or 10 Paragraph 121(2)(e) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". Archives Act 1983 11 Paragraph 33(1A)(ba) Repeal the paragraph, substitute: (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or Australian Border Force Act 2015 12 Section 43 (heading) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 13 Paragraph 43(b) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". Australian Crime Commission Act 2002 14 Subparagraph 7A(ca)(iii) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 15 Paragraph 21C(2)(g) Repeal the paragraph, substitute: (g) as a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022). 16 Paragraph 21C(4)(e) Repeal the paragraph, substitute: (e) by making a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022). 17 Paragraph 29B(2)(g) Repeal the paragraph, substitute: (g) as a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022). 18 Paragraph 29B(4)(e) Repeal the paragraph, substitute: (e) by making a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022). 19 Subsection 51(4) (paragraph (c) of the definition of relevant Act) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". Australian Federal Police Act 1979 20 Subsection 4(1) (definition of corrupt conduct) Repeal the definition, substitute: corrupt conduct has the same meaning as in the National Anti‑Corruption Commission Act 2022. 21 Subsection 4(1) (definition of corruption issue) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 22 Subsection 4(1) (definition of engages in corrupt conduct) Repeal the definition. 23 Subsection 4(1) Insert: National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. 24 Paragraph 40RB(2)(c) Omit "Integrity Commissioner under the Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commissioner under the National Anti‑Corruption Commission Act 2022". 25 At the end of paragraphs 40TL(1)(b) and (2)(b) Add "or a corruption issue". 26 Subsection 40TL(3) Repeal the subsection, substitute: (3) This Subdivision also applies if the National Anti‑Corruption Commissioner refers a corruption issue that relates to the conduct of an AFP appointee to the Commissioner under paragraph 41(1)(c) of the National Anti‑Corruption Commission Act 2022. 27 Subsection 40TO(7) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 28 Paragraph 40UB(1)(b) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 29 Subsections 40UD(3) and 40WA(4) Omit "Integrity Commissioner" (wherever occurring), substitute "National Anti‑Corruption Commissioner". 30 Subsection 40WA(4) Omit "Integrity Commissioner's", substitute "National Anti‑Corruption Commissioner's". 31 Subsection 40WB(1) (including the note) Omit "Integrity Commissioner" (wherever occurring), substitute "National Anti‑Corruption Commissioner". 32 Paragraph 60A(2)(d) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 33 Subsection 60A(3) (subparagraph (a)(ii) of the definition of prescribed information) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". Australian Securities and Investments Commission Act 2001 34 Section 39H (modified paragraph 3ZQU(4)(h) of the Crimes Act 1914) Repeal the paragraph, substitute: (h) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022); Crimes Act 1914 35 Subsection 3(1) Insert: Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. 36 Subsection 3(1) (definition of Integrity Commissioner) Repeal the definition. 37 Subsection 3(1) (paragraph (ba) of the definition of law enforcement officer) Omit "ACLEI", substitute "the NACC". 38 Subsection 3(1) Insert: National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022. 39 Subsection 3(1) (definition of staff member of ACLEI) Repeal the definition. 40 Paragraph 3ZQU(1)(i) Repeal the paragraph, substitute: (i) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022); 41 Paragraph 3ZZEA(1)(h) Repeal the paragraph, substitute: (h) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022); 42 Section 15GC (definition of ACLEI authorising officer) Repeal the definition. 43 Section 15GC (paragraph (c) of the definition of appropriate authorising officer) Omit "an ACLEI authorising officer—any ACLEI", substitute "a NACC authorising officer—any NACC". 44 Section 15GC (paragraph (c) of the definition of authorising agency) Omit "an ACLEI authorising officer—the Australian Commission for Law Enforcement Integrity", substitute "a NACC authorising officer—the National Anti‑Corruption Commission". 45 Section 15GC (paragraph (e) of the definition of chief officer) Omit "Australian Commission for Law Enforcement Integrity—the Integrity Commissioner", substitute "National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner". 46 Section 15GC (paragraph (c) of the definition of disciplinary or legal action) Omit ", within the meaning of the Law Enforcement Integrity Commissioner Act 2006,". 47 Section 15GC Insert: disciplinary proceeding: (a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and (b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979. 48 Section 15GC (subparagraph (b)(iii) of the definition of entrusted person) Omit "the Law Enforcement Integrity Commissioner Act 2006", substitute "section 12 of the National Anti‑Corruption Commission Act 2022". 49 Section 15GC (subparagraph (b)(v) of the definition of entrusted person) Omit "(within the meaning of the Law Enforcement Integrity Commissioner Act 2006) of the Australian Commission for Law Enforcement Integrity", substitute "of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022)". 50 Section 15GC (paragraph (c) of the definition of entrusted person) Omit "government agency, or an integrity agency for a State or Territory, with which the Integrity Commissioner is jointly investigating a corruption issue under subsection 26(2) of the Law Enforcement Integrity Commissioner Act 2006", substitute "Commonwealth agency, or a State or Territory government entity, with which the National Anti‑Corruption Commissioner is jointly conducting a corruption investigation under paragraph 41(1)(b) of the National Anti‑Corruption Commission Act 2022". 51 Section 15GC (paragraph (e) of the definition of law enforcement agency) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 52 Section 15GC Insert: NACC authorising officer has the meaning given by subsection 15GF(4). 53 Section 15GC (definition of staff member) Omit "the Law Enforcement Integrity Commissioner Act 2006" (first occurring), substitute "section 12 of the National Anti‑Corruption Commission Act 2022". 54 Section 15GC (note to definition of staff member) Repeal the note. 55 Section 15GC (at the end of the definition of target agency) Add: ; (d) any other Commonwealth agency (within the meaning of the National Anti‑Corruption Commission Act 2022). 56 Paragraph 15GF(1)(d) Omit "investigation of a corruption issue (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)—any ACLEI", substitute "conduct of a corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022)—any NACC". 57 Subsection 15GF(4) Repeal the subsection, substitute: (4) The following are NACC authorising officers: (a) the National Anti‑Corruption Commissioner; (b) a National Anti‑Corruption Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); (c) another staff member of the NACC (within the meaning of that Act) who: (i) is an SES employee; and (ii) is authorised in writing by the National Anti‑Corruption Commissioner for the purposes of this paragraph. 58 Paragraph 15HG(5)(d) Repeal the paragraph, substitute: (d) in relation to the National Anti‑Corruption Commission—a National Anti‑Corruption Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or 59 Paragraph 15HK(2A)(b) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 60 Paragraph 15HK(3)(a) Omit "or the Integrity Commissioner", substitute ", the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission". 61 Subparagraph 15HK(3)(c)(i) Repeal the subparagraph, substitute: (i) a corruption issue (within the meaning of the National Anti‑Corruption Commission Act 2022) or a NACC corruption issue (within the meaning of that Act) in relation to a controlled operation; or 62 Paragraph 15J(1)(a) Omit "an ACLEI", substitute "a NACC". 63 Section 15JA (paragraph beginning "This Part provides") Omit "the Australian Crime Commission, the Australian Federal Police and the Immigration and Border Protection Department,", substitute "target agencies". 64 Section 15JA (paragraph beginning "Integrity testing") Repeal the paragraph, substitute: Integrity testing operations may be authorised by the ACC, the Australian Federal Police and the Immigration and Border Protection Department in relation to their own agencies, or (if a corruption investigation is involved) the National Anti‑Corruption Commission. Law enforcement officers and others may take part in integrity testing operations. 65 Section 15JC Insert: corruption investigation has the same meaning as in the National Anti‑Corruption Commission Act 2022. 66 Section 15JC (definition of corruption issue) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute National Anti‑Corruption Commission Act 2022". 67 Section 15JC (note to definition of corruption issue) Repeal the note, substitute: Note: See section 9 of the National Anti‑Corruption Commission Act 2022. 68 Section 15JC (paragraph (c) of the definition of disciplinary or legal action) Omit ", within the meaning of the Law Enforcement Integrity Commissioner Act 2006,". 69 Section 15JC Insert: disciplinary proceeding: (a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and (b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979. 70 Section 15JC (paragraph (b) of the definition of integrity testing agency) Repeal the paragraph. 71 Section 15JC (at the end of the definition of integrity testing agency) Add: ; (e) the National Anti‑Corruption Commission. 72 Section 15JC (paragraph (b) of the definition of law enforcement participant) Repeal the paragraph, substitute: (b) an employee or officer of a body (whether incorporated or not) that is established by the law of a State or Territory for purposes that include the purpose of investigating corruption in State or Territory government entities. 73 Section 15JC (definition of staff member) Omit "the Law Enforcement Integrity Commissioner Act 2006" (first occurring), substitute "section 12 of the National Anti‑Corruption Commission Act 2022". 74 Section 15JC (note to definition of staff member) Repeal the note. 75 Section 15JC (at the end of the definition of target agency) Add: ; (d) any other Commonwealth agency (within the meaning of the National Anti‑Corruption Commission Act 2022). 76 Subsection 15JD(2) (note 1) Repeal the note, substitute: Note 1: For target agency, see section 15JC. 77 Subsection 15JE(1) (table item 4) Repeal the item, substitute: 4 a corruption investigation that relates to a staff member of a target agency (a) the National Anti‑Corruption Commission; or (a) the National Anti‑Corruption Commissioner; or (b) if the corruption issue being investigated relates to a staff member of the ACC—the ACC; or (b) a National Anti‑Corruption Deputy Commissioner; or (c) if the corruption issue being investigated relates to a staff member of the Australian Federal Police—the Australian Federal Police; or (c) an SES employee in the National Anti‑Corruption Commission. (d) if the corruption issue being investigated relates to a staff member of the Immigration and Border Protection Department—that Department 78 Subsection 15JE(1) (note 1) Repeal the note, substitute: Note 1: For target agency, see section 15JC. 79 Subsection 15JE(2) Omit "a target agency", substitute "the ACC, the Australian Federal Policy or the Immigration and Border Protection Department". 80 Paragraph 15JG(2)(c) Repeal the paragraph, substitute: (c) if the authorising officer is an officer of the National Anti‑Corruption Commission—in addition to the matters mentioned in paragraphs (a) and (b), the operation is part of a corruption investigation. 81 Section 15JI (heading) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 82 Paragraphs 15JI(b) and 15JK(3)(b) Repeal the paragraphs, substitute: (b) the National Anti‑Corruption Commissioner (unless the authorising officer is an officer of the National Anti‑Corruption Commission). 83 Paragraph 15JQ(2)(d) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 84 Paragraphs 15JQ(3)(a) and (d) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 85 Paragraph 15JR(2)(d) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 86 Paragraphs 15JR(3)(a) and (d) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 87 Subsection 15JS(5) (paragraph (d) of the definition of chief officer) Repeal the paragraph, substitute: (d) for the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner. 88 Subsection 15JS(5) (definition of Law Enforcement Minister) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 89 Section 15K (subparagraph (c)(iv) of the definition of chief officer) Repeal the subparagraph, substitute: (iv) in relation to the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner; 90 Section 15K (paragraph (d) of the definition of law enforcement agency) Repeal the paragraph, substitute: (d) the National Anti‑Corruption Commission; 91 Section 15K (paragraph (d) of the definition of law enforcement officer) Repeal the paragraph, substitute: (d) in relation to the National Anti‑Corruption Commission—a staff member of the NACC; and 92 Paragraph 15KB(4)(d) Omit "Australian Commission for Law Enforcement Integrity—a staff member of the Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission—a staff member of the NACC". 93 Paragraph 15KB(4)(d) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 94 After paragraph 15LC(4)(d) Insert: (da) in connection with the exercise of a power, or the performance of a function or duty, of the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector; or 95 Subsection 15LD(1) Omit "Law Enforcement Integrity Commissioner Act 2006 (the LEIC Minister)", substitute "National Anti‑Corruption Commission Act 2022 (the NACC Minister)". 96 Paragraph 15LD(1)(g) Omit "LEIC Minister", substitute "NACC Minister". 97 Subsections 15LD(2) and (3) Omit "LEIC Minister" (wherever occurring), substitute "NACC Minister". 98 Subsection 15LH(3) (paragraph (d) of the definition of senior officer) Repeal the paragraph, substitute: (d) in relation to the National Anti‑Corruption Commission: (i) a National Anti‑Corruption Deputy Commissioner; or (ii) another staff member of the NACC who is an SES employee, or a person occupying an equivalent or higher position, and who is authorised in writing by the National Anti‑Corruption Commissioner for the purposes of this provision; and 99 Subsection 15M(1) (paragraph (d) of the definition of chief officer) Omit "Australian Commission for Law Enforcement Integrity—the Integrity Commissioner", substitute "National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner". 100 Subsection 15M(1) (paragraph (d) of the definition of law enforcement agency) Repeal the paragraph, substitute: (d) the National Anti‑Corruption Commission; 101 Section 85ZL (paragraph (bb) of the definition of law enforcement agency) Repeal the paragraph, substitute: (bb) the National Anti‑Corruption Commission; or Criminal Code Act 1995 102 Subparagraph 122.5(3)(a)(iii) of the Criminal Code Repeal the subparagraph, substitute: (iii) the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); (iv) the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector (within the meaning of the National Anti‑Corruption Commission Act 2022); and 103 Paragraph 122.5(3)(b) of the Criminal Code Omit "or the Law Enforcement Integrity Commissioner", substitute ", the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission". 104 Subparagraph 122.5(12)(b)(ii) of the Criminal Code Omit "or the Law Enforcement Integrity Commissioner", substitute ", the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission". 105 Section 146.1 of the Criminal Code (paragraph (aa) of the definition of Commonwealth law enforcement officer) Repeal the paragraph, substitute: (aa) the National Anti‑Corruption Commissioner; or 106 Section 146.1 of the Criminal Code (paragraph (ab) of the definition of Commonwealth law enforcement officer) Repeal the paragraph, substitute: (ab) another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); or 107 Section 473.1 of the Criminal Code (at the end of the definition of law enforcement officer) Add: ; (m) a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022). Data Availability and Transparency Act 2022 108 Subsection 11(3) (paragraph (a) of the definition of excluded entity) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 109 Subsection 11(3) (after paragraph (a) of the definition of excluded entity) Add: (ab) the Inspector of the National Anti‑Corruption Commission; 110 Paragraph 108(2)(k) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 111 After paragraph 108(2)(k) Insert: (ka) the Inspector of the National Anti‑Corruption Commission; Financial Transaction Reports Act 1988 112 Subsection 3(1) (definition of Integrity Commissioner) Repeal the definition. 113 Subsection 3(1) Insert: National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. 114 Subsection 3(1) (definition of staff member of ACLEI) Repeal the definition. 115 Subsection 16(6) (paragraph (d) of the definition of investigating officer) Repeal the paragraph, substitute: (d) a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); or 116 Subsection 16(6) (paragraph (aa) of the definition of relevant authority) Repeal the paragraph, substitute: (aa) the National Anti‑Corruption Commissioner; or Inspector‑General of Intelligence and Security Act 1986 117 Subsection 3(1) (subparagraph (a)(iv) of the definition of integrity body) Repeal the subparagraph, insert: (iv) the National Anti‑Corruption Commissioner; (iva) the Inspector of the National Anti‑Corruption Commission; 118 Subsection 3(1) (definition of Integrity Commissioner) Repeal the definition. 119 Subparagraph 11(4A)(a)(iv) Repeal the subparagraph, substitute: (iv) the National Anti‑Corruption Commissioner; (iva) the Inspector of the National Anti‑Corruption Commission; 120 Section 32AD (note) Omit "23A of the Law Enforcement Integrity Commissioner Act 2006,". 121 After section 34AA Insert: 34AB Disclosure of information or documents to the National Anti‑Corruption Commission (1) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate information, or give documents, to a staff member of the NACC if: (a) the information is, or the documents are, relevant to the National Anti‑Corruption Commissioner's functions or powers; and (b) the Inspector‑General is satisfied on reasonable grounds that the National Anti‑Corruption Commissioner has satisfactory arrangements in place for protecting the information or documents. (2) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate information, or give documents, to the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector if: (a) the information is, or the documents are, relevant to the Inspector of the National Anti‑Corruption Commission's functions or powers; and (b) the Inspector‑General is satisfied on reasonable grounds that the Inspector of the National Anti‑Corruption Commission has satisfactory arrangements in place for protecting the information or documents. (3) This section applies despite anything in this Act or any other Act. (4) In this section: person assisting the Inspector has the same meaning as in the National Anti‑Corruption Commission Act 2022. staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022. 122 At the end of section 34B Add: Note: This section applies subject to sections 100 to 102 of the National Anti‑Corruption Commission Act 2022, including those sections as applied by section 214 of that Act. National Consumer Credit Protection Act 2009 123 Section 272F (modified paragraph 3ZQU(4)(h) of the Crimes Act 1914) Repeal the paragraph, substitute: (h) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022); National Emergency Declaration Act 2020 124 Paragraph 15(8)(ge) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". Ombudsman Act 1976 125 Subsection 3(1) Insert: National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. 126 Subsection 5(3B) Repeal the subsection. 127 Subsections 6(16) to (19) Repeal the subsections. 128 Section 6B (heading) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 129 Subparagraph 6B(1)(a)(i) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 130 After section 6F Insert: 6G Transfer of information to the National Anti‑Corruption Commissioner or the Inspector (1) This section applies if the Ombudsman forms the opinion that a complaint raises: (a) a corruption issue that is likely to involve corrupt conduct that is serious or systemic; or (b) a NACC corruption issue. (2) The Ombudsman may: (a) decide to refer the information the subject of the complaint to the National Anti‑Corruption Commissioner or the Inspector, as the case requires; and (b) decide: (i) to investigate the complaint, or to investigate the complaint further; or (ii) not to investigate the complaint, or not to investigate the complaint further. (3) If the Ombudsman decides to refer the information to the National Anti‑Corruption Commissioner or the Inspector, the Ombudsman must: (a) refer the information as soon as is reasonably practicable; and (b) include with the referral all information relevant to the corruption issue or the NACC corruption issue that is in the Ombudsman's possession or control at the time the referral is made; and (c) as soon as is reasonably practicable, give the complainant written notice of the following: (i) that the information has been referred to the National Anti‑Corruption Commissioner or the Inspector; (ii) the Ombudsman's decision on whether to investigate, or continue to investigate, the complaint; and (d) if the Ombudsman subsequently becomes aware of any further information that is relevant to the issue—give the National Anti‑Corruption Commissioner or the Inspector the further information as soon as is reasonably practicable. (4) The Ombudsman is not required to provide information to the National Anti‑Corruption Commissioner or the Inspector under subsection (3) if: (a) the Ombudsman has reasonable grounds to believe the National Anti‑Corruption Commissioner or the Inspector is already aware of the information; or (b) the National Anti‑Corruption Commissioner or the Inspector has advised the Ombudsman that the provision of the information is not required. (5) In this section: corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022. Inspector means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. NACC corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022. 131 Section 8C (heading) Omit "ACLEI", substitute "National Anti‑Corruption Commission". 132 Subsection 8C(1) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 133 Subsection 8C(1) Omit "ACLEI", substitute "the NACC". 134 Subsection 8C(3) Omit "Integrity Commissioner", substitute "Ombudsman". 135 Subsection 8C(7) Repeal the subsection, substitute: (7) In this section: staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022. 136 Paragraph 9(3)(f) Omit "Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)", substitute "National Anti‑Corruption Commissioner". 137 Paragraph 20ZK(1)(h) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 138 Paragraph 20ZK(1)(k) Omit "ACLEI", substitute "NACC". 139 Subsection 20ZS(1) (table item 10, column 1) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 140 Subsection 20ZS(1) (table items 11 and 12, column 1) Omit "ACLEI", substitute "NACC". 141 Section 35AA (heading) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner or Inspector". 142 At the end of paragraph 35AA(1)(b) Add "or a NACC corruption issue". 143 Subsection 35AA(2) Omit "to the Integrity Commissioner.", substitute: to: (d) if the information, statement or document is, or may be, relevant to a corruption issue—the National Anti‑Corruption Commissioner; or (e) if the information, statement or document is, or may be, relevant to a NACC corruption issue—the Inspector. 144 Subsection 35AA(3) (definition of corruption issue) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 145 Subsection 35AA(3) (definition of Integrity Commissioner) Repeal the definition. 146 Subsection 35AA(3) Insert: Inspector means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. NACC corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022. 147 Section 35C (heading) Omit "ACLEI", substitute "NACC". 148 Subsection 35C(1) Omit "ACLEI" (wherever occurring), substitute "NACC". 149 Paragraph 35C(1)(c) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner or the Inspector". 150 Subsection 35C(2) (definition of ACLEI information) Repeal the definition. 151 Subsection 35C(2) Insert: Inspector means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. NACC information means information or the contents of a document that is, or was, in the possession or under the control of the National Anti‑Corruption Commissioner or the Inspector. Privacy Act 1988 152 Subsection 6(1) (paragraph (aa) of the definition of enforcement body) Repeal the paragraph, substitute: (aa) the National Anti‑Corruption Commissioner; or (ab) the Inspector of the National Anti‑Corruption Commission; or 153 Subsection 6(1) (definition of Integrity Commissioner) Repeal the definition. 154 Subparagraph 7(1)(a)(iiia) Repeal the subparagraph, substitute: (iiia) the National Anti‑Corruption Commissioner; or (iiib) the Inspector of the National Anti‑Corruption Commission; or 155 Paragraph 7(1)(ga) Repeal the paragraph, substitute: (ga) the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); or (gb) the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector (within the meaning of the National Anti‑Corruption Commission Act 2022); or 156 Subsection 20E(5) (note) Omit "Law Enforcement Integrity Commissioner Act 2006", substitute "National Anti‑Corruption Commission Act 2022". 157 Paragraph 70(2)(c) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission". Proceeds of Crime Act 2002 158 Subsection 15B(1) (note 1) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 159 Section 15C (note) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 160 Subsections 15D(1) and 15P(1) (note) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 161 Paragraph 213(3)(ca) Repeal the paragraph, substitute: (ca) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or 162 Section 338 (paragraph (aa) of the definition of authorised officer) Repeal the paragraph, substitute: (aa) any of the following: (i) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); (ii) a National Anti‑Corruption Deputy Commissioner (within the meaning of that Act); (iii) another staff member of the NACC (within the meaning of that Act) who is authorised in writing by the National Anti‑Corruption Commissioner for the purposes of this paragraph; or Public Interest Disclosure Act 2013 164 Section 8 (paragraphs (l) and (m) of the definition of designated publication restriction) Repeal the paragraphs, substitute: (l) section 98 or 101, or subsection 233(3), of the National Anti‑Corruption Commission Act 2022. 165 Section 8 Insert: NACC disclosure has the same meaning as in the National Anti‑Corruption Commission Act 2022. stop action direction under the NACC Act means a direction under subsection 43(1) of the National Anti‑Corruption Commission Act 2022 (including as applied by section 211 of that Act) to stop taking action in relation to a corruption issue or a NACC corruption issue. 166 Section 25 (paragraph beginning "a disclosure to an Australian legal practitioner") Omit "matters.", substitute "matters; or". 167 Section 25 (after the paragraph beginning "a disclosure to an Australian legal practitioner") Insert: • a NACC disclosure concerning disclosable conduct. 168 After subsection 26(1) Insert: (1A) A disclosure of information is also a public interest disclosure if: (a) the disclosure is made by a person who is, or has been, a public official; and (b) the information tends to show, or the discloser believes on reasonable grounds that the information tends to show, one or more instances of disclosable conduct; and (c) the disclosure is a NACC disclosure. 169 At the end of section 28 Add: (4) This section does not apply to a public interest disclosure that is also a NACC disclosure (see subsection 26(1A)). Note: NACC disclosures are dealt with under the National Anti‑Corruption Commission Act 2022. 170 Section 42 (after the paragraph beginning "If a disclosure") Insert: A stop action direction under the NACC Act may prevent the allocation of some or all of a disclosure. 175 Section 46 (after the paragraph beginning "The principal officer of") Insert: However, a stop action direction under the NACC Act may prevent the investigation of some or all of the disclosure. 176 At the end of section 47 Add: Stop action directions under the NACC Act (5) This section has effect subject to any stop action direction under the NACC Act. 177 At the end of subsection 50(1) Add: ; (c) that the principal officer cannot investigate, or further investigate, the disclosure because of a stop action direction under the NACC Act. 178 Subsection 50(4) After "this section", insert "(other than subsection (4A))". 179 After subsection 50(4) Insert: (4A) The principal officer must, as soon as reasonably practicable, inform the discloser if the principal officer investigates, or further investigates, a disclosure that is no longer subject to a stop action direction under the NACC Act. 180 Section 50A (heading) Omit "of decision not to investigate", substitute "about investigation". 181 At the end of section 50A Add: (3) If a stop action direction under the NACC Act prevents the principal officer of the agency from investigating, or further investigating, the disclosure under this Division, the principal officer must: (a) inform the Ombudsman of the stop action direction (unless paragraph (b) applies); or (b) inform the IGIS of the stop action direction if the disclosure concerns conduct relating to: (i) an intelligence agency; or (ii) the IGIS; or (iii) the intelligence functions of either ACIC or the Australian Federal Police. 183 Paragraph 69(3)(c) Repeal the paragraph, substitute: (c) a person (other than the National Anti‑Corruption Commissioner) who is listed in section 266 of the National Anti‑Corruption Commission Act 2022 is taken to be a member of the staff of the National Anti‑Corruption Commission. Radiocommunications Act 1992 184 Paragraph 27(1)(baa) Omit "Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)", substitute "National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022)". Royal Commissions Act 1902 185 Subsection 6P(2B) Omit "Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)", substitute "National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission". 186 Subsection 6P(2B) Omit ", as the case may be, to the Integrity Commissioner", substitute "to the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission, as the case requires". 187 Paragraph 9(3)(h) Repeal the paragraph, substitute: (h) the National Anti‑Corruption Commission; (ha) the Inspector of the National Anti‑Corruption Commission; Surveillance Devices Act 2004 188 Subsection 6(1) (note to definition of appropriate authorising officer) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 189 Subsection 6(1) (definition of disciplinary proceeding) Repeal the definition, substitute: disciplinary proceeding: (a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and (b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979. 190 Subsection 6(1) Insert: National Anti‑Corruption Commission officer means a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022). 191 Subsection 6(1) (definition of staff member of ACLEI) Repeal the definition. 191A Subsection 6(1) Insert: superior Court Judge means: (a) a Judge of the Federal Court of Australia; or (b) a Judge of the Federal Circuit and Family Court of Australia (Division 1). 192 Subsection 6(1) (at the end of the definition of target agency) Add: ; (d) any other Commonwealth agency (within the meaning of the National Anti‑Corruption Commission Act 2022). 193 Paragraph 6(4)(c) Repeal the paragraph, substitute: (c) a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the National Anti‑Corruption Commission, is a reference to a National Anti‑Corruption Commission officer; and 194 Paragraph 6(4)(d) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 195 Subsection 6A(6) (table item 10) Repeal the item, substitute: 10 National Anti‑Corruption Commission the National Anti‑Corruption Commissioner (a) the National Anti‑Corruption Commissioner; or (a) the National Anti‑Corruption Commissioner; or (b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (c) a National Anti‑Corruption Commission officer authorised under section 6B (c) a National Anti‑Corruption Commission officer who is an SES employee the chief officer authorises under subsection (5) 196 Section 6B Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 197 Section 6B Omit "staff member of ACLEI to be a law enforcement officer of ACLEI", substitute "National Anti‑Corruption Commission officer to be a law enforcement officer of the National Anti‑Corruption Commission". 197A Section 11 Repeal the section, substitute: 11 Who may issue etc. warrants? (1) Any warrant under this Part may be issued by: (a) in relation to an application for a warrant by a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or (b) otherwise—an eligible Judge or a nominated AAT member. Warrants issued to law enforcement officers of the NACC (2) An application made under this Part by a law enforcement officer of the National Anti‑Corruption Commission may be made only to an eligible Judge. Note: An application under this Part may be for a warrant, or to extend or vary a warrant. (3) A warrant issued under this Part to a law enforcement officer of the National Anti‑Corruption Commission may be revoked only by an eligible Judge. Note: Warrants may be revoked under this Part by an eligible Judge or nominated AAT member on their own initiative. As a result of this subsection, warrants issued to law enforcement officers of the National Anti‑Corruption Commission may be revoked only by an eligible Judge. 197B Subsection 12(1) (definition of eligible Judge) Repeal the definition, substitute: eligible Judge means a person: (a) in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and (b) in relation to any of the following issued to, or applied for by, a law enforcement officer of the National Anti‑Corruption Commission—who is a superior Court Judge: (i) a warrant; (ii) an emergency authorisation; (iii) an assistance order (within the meaning of subsection 64A(1)). 197C Subsection 13(1) After "warrants", insert "(except to law enforcement officers of the National Anti‑Corruption Commission)". 197D Subsection 33(1) Repeal the subsection, substitute: (1) Within 48 hours after giving an emergency authorisation to a law enforcement officer, the appropriate authorising officer who gave the authorisation (or another person on that appropriate authorising officer's behalf) must apply, for approval of the giving of the emergency authorisation, to: (a) for an authorisation given to a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or (b) otherwise—an eligible Judge or a nominated AAT member. 198 Paragraphs 37(1)(aa) and 38(1)(aa) Repeal the paragraphs, substitute: (aa) if the officer belongs or is seconded to the National Anti‑Corruption Commission—that is within the functions of the National Anti‑Corruption Commissioner set out in section 17 of the National Anti‑Corruption Commission Act 2022; or 199 Subsection 45A(5) (definition of staff member) Omit "the Law Enforcement Integrity Commissioner Act 2006 (see section 10 of that Act)", substitute "section 12 of the National Anti‑Corruption Commission Act 2022". 200 Subparagraphs 64(1)(a)(ii) and (2)(b)(ii) Repeal the subparagraphs, substitute: (ii) the National Anti‑Corruption Commissioner or another National Anti‑Corruption Commission officer; 200A Subsection 64A(1) Omit "to an eligible Judge or to a nominated AAT member". 200B After subsection 64A(1) Insert: (1A) The application may be made to: (a) for an application made by a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or (b) otherwise—an eligible Judge or a nominated AAT member. Taxation Administration Act 1953 201 Subsection 355‑65(5) in Schedule 1 (at the end of the table) Add: 6 the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022) (a) is for the purposes of the National Anti‑Corruption Commission Act 2022; and (b) is in relation to a corruption issue that relates to the Australian Taxation Office or the Inspector‑General of Taxation. 202 Paragraph 355‑70(4)(d) in Schedule 1 Repeal the paragraph, substitute: (d) the National Anti‑Corruption Commission; or 203 After section 355‑190 in Schedule 1 Insert: 355‑192 Exception—on‑disclosure in relation to National Anti‑Corruption Commission Act 2022 (1) Section 355‑155 does not apply if: (a) the entity is the Inspector‑General of Taxation; and (b) the information was acquired by the Inspector‑General of Taxation under the exception in subsection 355‑65(1) operating in relation to item 5 in the table in subsection 355‑65(5); and (c) the record is made for, or the disclosure is to: (i) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (ii) another staff member of the NACC (within the meaning of that Act); and (d) the record or disclosure is: (i) for the purposes of the National Anti‑Corruption Commission Act 2022; and (ii) in relation to a corruption issue (within the meaning of that Act) that relates to the Australian Taxation Office or the Inspector‑General of Taxation. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code. (2) Section 355‑155 does not apply if: (a) the entity is: (i) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (ii) another staff member of the NACC (within the meaning of that Act); and (b) the information was acquired by the entity under subsection (1) or this subsection; and (c) the record or disclosure is for the purpose of performing a function or duty of the National Anti‑Corruption Commissioner or another staff member of the NACC under the National Anti‑Corruption Commission Act 2022. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code. 204 Application provision—amendments of Taxation Administration Act 1953 The amendments of Schedule 1 to the Taxation Administration Act 1953 made by this Schedule apply in relation to records and disclosures of information made on or after this item's commencement (whether the information was obtained before, on or after that commencement). Telecommunications Act 1997 205 Subsection 280(1A) Repeal the subsection, substitute: (1A) In applying paragraph (1)(a) to the National Anti‑Corruption Commission, the reference in that paragraph to the operation of an enforcement agency is taken to be a reference to the performance of the functions of the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022). Telecommunications (Interception and Access) Act 1979 206 Subsection 5(1) (definition of Assistant Integrity Commissioner) Repeal the definition. 207 Subsection 5(1) (paragraph (aa) of the definition of certifying officer) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 208 Subsection 5(1) (subparagraphs (aa)(i) and (ii) of the definition of certifying officer) Repeal the subparagraphs, substitute: (i) the National Anti‑Corruption Commissioner; or (ii) a National Anti‑Corruption Deputy Commissioner; or 209 Subsection 5(1) (subparagraph (aa)(iii) of the definition of certifying officer) Omit "ACLEI", substitute "the National Anti‑Corruption Commission". 210 Subsection 5(1) (paragraph (aa) of the definition of chief officer) Omit "Australian Commission for Law Enforcement Integrity—the Integrity Commissioner", substitute "National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner". 211 Subsection 5(1) (paragraph (aa) of the definition of Commonwealth agency) Repeal the paragraph, substitute: (aa) the National Anti‑Corruption Commission; or 212 Subsection 5(1) Insert: Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. 213 Subsection 5(1) (definition of Integrity Commissioner) Repeal the definition. 213A Subsection 5(1) (definition of issuing authority) Repeal the definition, substitute: issuing authority (except when used in Schedule 1) means a person: (a) in respect of whom an appointment is in force under section 6DB; and (b) in relation to a warrant applied for by the National Anti‑Corruption Commission—who is a superior Court Judge. 214 Subsection 5(1) Insert: National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. 215 Subsection 5(1) (paragraph (aa) of the definition of officer) Repeal the paragraph, substitute: (aa) in the case of the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner or another staff member of the NACC; or 215A Subsection 5(1) (definition of Part 4‑1 issuing authority) Repeal the definition, substitute: Part 4‑1 issuing authority means a person: (a) in respect of whom an appointment is in force under section 6DC; and (b) in relation to a warrant applied for by the National Anti‑Corruption Commission—who is a superior Court Judge. 216 Subsection 5(1) (definition of permitted purpose) Omit "eligible authority of a State or ASIC", substitute "eligible authority of a State, ASIC or the Inspector of the National Anti‑Corruption Commission". 217 Subsection 5(1) (paragraph (baa) of the definition of permitted purpose) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 218 Subsection 5(1) (subparagraph (baa)(i) of the definition of permitted purpose) Omit "(within the meaning of the Law Enforcement Integrity Commissioner Act 2006)", substitute "or NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022)". 219 Subsection 5(1) (after paragraph (baa) of the definition of permitted purpose) Insert: (bab) in the case of the Inspector of the National Anti‑Corruption Commission: (i) a NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022); or (ii) a report on such an investigation; or 220 Subsection 5(1) Insert: person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. 221 Subsection 5(1) (paragraph (aa) of the definition of prescribed investigation) Repeal the paragraph, substitute: (aa) in the case of the National Anti‑Corruption Commission—means a corruption investigation or NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022); or 222 Subsection 5(1) (paragraph (aa) of the definition of relevant offence) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 223 Subsection 5(1) (definition of staff member of ACLEI) Repeal the definition. 224 Subsection 5(1) Insert: staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022. 224A Subsection 5(1) Insert: superior Court Judge means: (a) a Judge of the Federal Court of Australia; or (b) a Judge of the Federal Circuit and Family Court of Australia (Division 1). 225 Subsection 5AC(2) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 226 Subsection 5AC(2) Omit "ACLEI" (wherever occurring), substitute "the National Anti‑Corruption Commission". 227 After paragraph 5B(1)(kc) Insert: (kd) a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022); or 228 Subparagraph 6A(1)(c)(ia) Repeal the subparagraph, substitute: (ia) the National Anti‑Corruption Commission; 228A Subsection 6D(1) (definition of eligible Judge) Repeal the definition, substitute: eligible Judge (except when used in Schedule 1) means a Judge: (a) in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and (b) in relation to a warrant applied for by the National Anti‑Corruption Commission—who is a superior Court Judge. 228B Subsection 6DA(1) After "warrants", insert "(except to the National Anti‑Corruption Commission)". 229 Paragraph 6L(2)(a) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 230 Subsection 6S(1) (table items 1 and 2, column 1, paragraph (c)) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 231 Subsection 6S(1) (note) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 232 Subsection 6S(2) (paragraph (c) of the definition of disciplinary or legal action) Omit "(within the meaning of the Law Enforcement Integrity Commissioner Act 2006)". 233 Subsection 6S(2) Insert: disciplinary proceeding: (a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and (b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979. 234 Subsection 6S(2) (definition of eligible staff member) Omit "Law Enforcement Integrity Commissioner Act 2006 (see section 10", substitute "National Anti‑Corruption Commission Act 2022 (see section 12". 234A Subsection 39(1) Repeal the subsection, substitute: (1) An agency may apply for a warrant in respect of a telecommunications service or a person to: (a) for an application made by the National Anti‑Corruption Commission—an eligible Judge; or (b) otherwise—an eligible Judge or a nominated AAT member. 235 Paragraph 39(2)(aa) Omit "Australian Commission for Law Enforcement Integrity", substitute "National Anti‑Corruption Commission". 236 Subparagraph 39(2)(aa)(i) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 237 Subparagraph 39(2)(aa)(ii) Repeal the subparagraph, substitute: (ii) a National Anti‑Corruption Deputy Commissioner; or 238 Subparagraph 39(2)(aa)(iii) Omit "ACLEI", substitute "the National Anti‑Corruption Commission". 239 Subparagraph 39(2)(aa)(iii) Omit "Integrity Commissioner", substitute "National Anti‑Corruption Commissioner". 240 After subsection 63AB(3) Insert: (3A) A person may, in connection with the performance of a function or duty, or the exercise of a power, of: (a) the Inspector of the National Anti‑Corruption Commission; or (b) a person assisting the NACC Inspector; communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, general computer access intercept information. 241 After subsection 63AB(4) Insert: (4A) The Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector may, in connection with: (a) the performance of their functions or duties; or (b) the exercise of their powers; communicate to another person, or make use of, or make a record of, general computer access intercept information. 242 After subsection 63AB(5) Insert: (5A) If: (a) information was obtained by intercepting a communication passing over a telecommunications system; and (b) the interception was purportedly for the purposes of doing a thing specified in a general computer access warrant; and (c) the interception was not authorised by the general computer access warrant; then: (d) a person may, in connection with the performance of a function or duty, or the exercise of a power, of: (i) the Inspector of the National Anti‑Corruption Commission; or (ii) a person assisting the NACC Inspector; communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, that information; and (e) the Inspector of the National Anti‑Corruption Commission or a pe