Independent Broad-based Anti-corruption Commission Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Regulations 2 5 Prescribed bodies and persons 2 6 Provision of legal assistance to witnesses 3 7 Confidentiality notice 3 8 Witness summons for preliminary inquiries 3 9 Authorisation to apply for a search warrant 3 10 Search warrant 3 11 Receipt for documents or things seized 3 12 Witness summons 3 13 Notice of application to determine privilege 4 14 Proof of age 4 15 Revocation of regulation 43 4 16 New Form 1A inserted in the Schedule 4 17 Amendments to Forms in the Schedule 5 ═══════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 70/2016 Independent Broad-based Anti-corruption Commission Act 2011 Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 21 June 2016 Responsible Minister: GAVIN JENNINGS Special Minister of State ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Independent Broad-based Anti-corruption Commission Regulations 2013 to make a range of amendments as a consequence of the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016. 2 Authorising provisions These Regulations are made under sections 195 and 196 of the Independent Broad-based Anti-corruption Commission Act 2011. 3 Commencement These Regulations come into operation on 1 July 2016. -- 2 of 9 -- Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 Authorised by the Chief Parliamentary Counsel 2 4 Principal Regulations In these Regulations, the Independent Broad-based Anti-corruption Commission Regulations 20131 are called the Principal Regulations. 5 Prescribed bodies and persons (1) For regulation 5(1)(f) of the Principal Regulations substitute— "(f) the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989; and (g) municipal monitors appointed under section 223CA of the Local Government Act 1989.". (2) After regulation 5(2) of the Principal Regulations, insert— "(3) For the purposes of the definition of senior officer in sections 41(5) and 163(9) of the Act, the following positions and classes of position are prescribed— (a) an executive employed under Division 5 of Part 3 of the Public Administration Act 2004; (b) a Deputy Commissioner of Police, Assistant Commissioner of Police or commander appointed under the Victoria Police Act 2013; (c) a senior officer employed under Division 3 of Part 4 of the Local Government Act 1989; (d) a Court Chief Executive Officer employed under Division 2 of Part 4 of the Court Services Victoria Act 2014.". -- 3 of 9 -- Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 Authorised by the Chief Parliamentary Counsel 3 6 Provision of legal assistance to witnesses In regulation 14 of the Principal Regulations, for "Justice" substitute "Premier and Cabinet". 7 Confidentiality notice In regulation 32 of the Principal Regulations, for "The" substitute "For the purposes of section 42(2)(a) of the Act, the". 8 Witness summons for preliminary inquiries After regulation 32 of the Principal Regulations insert— "32A Witness summons for preliminary inquiry For the purposes of section 59F(2)(a) of the Act, the prescribed form of a witness summons is Form 1A in the Schedule.". 9 Authorisation to apply for a search warrant In regulation 33 of the Principal Regulations, for "The" substitute "For the purposes of section 91(2) of the Act, the". 10 Search warrant In regulation 34 of the Principal Regulations, for "The" substitute "For the purposes of section 91(5) of the Act, the". 11 Receipt for documents or things seized In regulation 35 of the Principal Regulations, for "The" substitute "For the purposes of section 93(2) of the Act, the". 12 Witness summons (1) For the heading to regulation 36 of the Principal Regulations substitute— "Witness summons for investigation". -- 4 of 9 -- Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 Authorised by the Chief Parliamentary Counsel 4 (2) In regulation 36 of the Principal Regulations, for "The" insert "For the purposes of section 121(3)(a) of the Act, the". 13 Notice of application to determine privilege In regulation 38 of the Principal Regulations, for "The" substitute "For the purposes of sections 59M, 100 and 147, the". 14 Proof of age In regulation 41 of the Principal Regulations, for "section" substitute "sections 59H(2) and". 15 Revocation of regulation 43 Regulation 43 of the Principal Regulations is revoked. 16 New Form 1A inserted in the Schedule After Form 1 of the Schedule to the Principal Regulations insert— "FORM 1A Regulation 32A Independent Broad-based Anti-corruption Commission Act 2011 WITNESS SUMMONS FOR PRELIMINARY INQUIRY To: [insert name of person to whom witness summons is directed] Address: [insert address] THIS WITNESS SUMMONS IS IMPORTANT. PLEASE READ IT CAREFULLY. FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY. *A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE. -- 5 of 9 -- Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 Authorised by the Chief Parliamentary Counsel 5 * You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice. The Independent Broad-based Anti-corruption Commission requires you under section 59F of the Independent Broad-based Anti-corruption Commission Act 2011 to attend to produce documents or other things for the purposes of a preliminary inquiry. When and where must you attend? You must attend at [insert address] *immediately/*on [insert date] at [insert time] *a.m./*p.m. What are you required to do? You will be required to produce to the IBAC the following documents or things that are in your possession or control: [specify documents or things] [name] [title] Date: [insert date] [attach statement outlining specified matters with respect to the witness summons] * Delete if not applicable. __________________". 17 Amendments to Forms in the Schedule (1) In Form 2 of the Schedule to the Principal Regulations, for "I" substitute "In accordance with section 91 of the Independent Broad-based Anti-corruption Commission Act 2011, I". (2) In Form 2 of the Schedule to the Principal Regulations omit "or (6)". -- 6 of 9 -- Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 Authorised by the Chief Parliamentary Counsel 6 (3) In Form 3 of the Schedule to the Principal Regulations, for "Judge of the Supreme Court of Victoria" substitute "*Judge of the Supreme Court of Victoria/*Magistrate". (4) In Form 3 of the Schedule to the Principal Regulations, for "Judge" substitute "*Judge/*Magistrate". (5) In Form 4 of the Schedule to the Principal Regulations, after "[title]" insert "This receipt is authorised under section 93 of the Independent Broad-based Anti-corruption Commission Act 2011.". (6) In Form 5 of the Schedule to the Principal Regulations, for "WITNESS SUMMONS" (where first occurring) substitute "WITNESS SUMMONS FOR INVESTIGATION". (7) In Form 5 of the Schedule to the Principal Regulations, for "The Independent Broad-based Anti-corruption Commission" substitute "In accordance with section 120 of the Independent Broad-based Anti-corruption Commission Act 2011, the Independent Broad-based Anti-corruption Commission". (8) In Form 5 of the Schedule to the Principal Regulations, for "for examination by" substitute "to". (9) In Form 7 of the Schedule to the Principal Regulations, for "section 147" substitute "*section 59M/*section 100/*section 147". -- 7 of 9 -- Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 Authorised by the Chief Parliamentary Counsel 7 (10) In Form 8 of the Schedule to the Principal Regulations, for "The Independent Broad-based Anti-corruption Commission" substitute "In accordance with section 153 of the Independent Broad-based Anti-corruption Commission Act 2011, the Independent Broad-based Anti-corruption Commission". (11) In Form 9 of the Schedule to the Principal Regulations, after "order." insert "This statement is issued in accordance with section 155 of the Independent Broad-based Anti-corruption Commission Act 2011.". ═══════════════ -- 8 of 9 -- Endnotes Independent Broad-based Anti-corruption Commission Amendment Regulations 2016 S.R. No. 70/2016 Authorised by the Chief Parliamentary Counsel 8 Endnotes 1 Reg. 4: S.R. No. 5/2013 as amended by S.R. No. 5/2013. -- 9 of 9 --