Independent Broad-based Anti-corruption Commission Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Definitions 2 PART 2—PRESCRIBED BODIES AND PERSONS 3 5 Prescribed bodies and persons 3 PART 3—DEFENSIVE EQUIPMENT AND FIREARMS 4 6 Courses of training in the use of defensive equipment 4 7 Courses of training in the use of firearms 4 PART 4—ASSISTANCE FOR WITNESSES 6 Division 1—Reimbursement of expenses 6 8 Reimbursement of expenses 6 9 Attendance allowance for expert witnesses 6 10 Attendance and general allowances for other witnesses 6 11 Meals and accommodation 7 12 Travelling expenses 8 13 Evidence of expenses 9 Division 2—Provision of legal assistance 9 14 Provision of legal assistance to witnesses 9 -- 1 of 48 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 5—TESTING FOR ALCOHOL OR DRUGS OF DEPENDENCE 10 Division 1—General 10 15 Direction to provide a sample of breath or urine or allow a sample of blood to be taken 10 16 Blood and urine samples—general 12 Division 2—Breath analysis 13 17 Prescribed breath analysing devices 13 18 Procedure for breath analysis 14 19 Certificate of breath analysis 14 Division 3—Taking of blood samples 15 20 Direction to take blood sample 15 21 Procedure for taking blood sample 16 22 Procedure after blood sample taken 16 23 Certificate of taking blood sample 17 Division 4—Collection of urine samples 18 24 Prescribed persons to collect urine samples 18 25 Procedure for collecting urine sample 18 26 Procedure after person collects urine sample 18 27 Certificate of collecting of urine sample 19 Division 5—Analysis of blood sample or urine sample 20 28 Analysis of blood samples or urine samples 20 29 Certificate of analysis of sample of urine or blood 20 30 IBAC Officer may request independent analysis of a blood sample or urine sample 21 Division 6—Handling of information and confidentiality 22 31 Confidentiality of test results 22 PART 6—PRESCRIBED FORMS 24 32 Confidentiality notice 24 33 Authorisation to apply for a search warrant 24 34 Search warrant 24 35 Receipt for documents or things seized 24 36 Witness summons 24 37 Direction about a witness already held in custody 24 38 Notice of application to determine privilege 24 39 Arrest warrant 24 40 Statement about right to apply for discharge from custody 25 -- 2 of 48 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel PART 7—OTHER MATTERS 26 41 Proof of age 26 42 Additional actions before the questioning of a witness or requiring the production of documents 26 43 Prescribed persons for referral of complaints or notifications for investigation 27 PART 8—TRANSITIONAL MATTERS AND RENUMBERING 28 44 Courses of training in the use of defensive equipment 28 45 Courses of training in the use of firearms 28 46 Renumbering 28 __________________ SCHEDULE—Forms 31 Form 1—Confidentiality Notice 31 Form 2—Authorisation of Authorised Officer to Apply for a Search Warrant 35 Form 3—Search Warrant 36 Form 4—Receipt for Seized Documents and Things 38 Form 5—Witness Summons 39 Form 6—Direction About a Witness Already Held in Custody 41 Form 7—Notice of Application to Determine Claim of Privilege or the Application of a Secrecy Requirement 42 Form 8—Arrest Warrant 43 Form 9—Statement of Your Right to Apply for Discharge From Custody 44 ═══════════════ ENDNOTES 45 -- 3 of 48 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 5/2013 Independent Broad-based Anti-corruption Commission Act 2011 Independent Broad-based Anti-corruption Commission Regulations 2013 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 5 February 2013 Responsible Minister: ANDREW McINTOSH Minister responsible for the establishment of an anti-corruption commission MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to prescribe— (a) training courses for the use of defensive equipment and firearms; (b) the manner of calculating the amount of assistance provided by the persons prescribed to witnesses summoned to attend an examination before the IBAC; -- 4 of 48 -- Part 1—Preliminary Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 2 Authorised by the Chief Parliamentary Counsel (c) matters necessary for the testing of IBAC Officers for alcohol or drugs of dependence under Division 1 of Part 7 of the Independent Broad-based Anti-corruption Commission Act 2011; (d) other matters necessary to be prescribed under the Independent Broad-based Anti- corruption Commission Act 2011. 2 Authorising provisions These Regulations are made under sections 110, 111 and 112 of the Independent Broad-based Anti-corruption Commission Act 2011 and all other enabling powers. 3 Commencement (1) These Regulations (except regulation 46) come into operation on 10 February 2013. (2) Regulation 46 comes into operation on the day on which Part 8 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation. 4 Definitions In these Regulations— sample direction means a direction given under section 91 of the Act to an IBAC Officer to provide a sample of breath or urine or allow a registered medical practitioner or approved health professional to take from the officer a sample of the officer's blood for the purposes of Division 1 of Part 7 of the Act; the Act means the Independent Broad-based Anti-corruption Commission Act 2011. __________________ r. 2 -- 5 of 48 -- Part 2—Prescribed Bodies and Persons Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 3 Authorised by the Chief Parliamentary Counsel PART 2—PRESCRIBED BODIES AND PERSONS 5 Prescribed bodies and persons (1) For the purposes of paragraph (f) of the definition of law enforcement agency, the following persons and bodies are prescribed— (a) the Australian Customs Service; (b) the Australian Securities and Investments Commission; (c) the Australian Taxation Office; (d) the Australian Transaction Reports and Analysis Centre; (e) CrimTrac; (f) inspectors of municipal administration appointed under section 223A of the Local Government Act 1989. (2) For the purposes of the definition of senior IBAC Officer, the following positions and classes of position are prescribed— (a) the position of Commissioner; (b) the position of Deputy Commissioner; (c) the position of Chief Executive Officer; (d) IBAC Officers classified as Executive Officers; (e) IBAC Officers classified as non-executive employees Grade 4, 5 or 6 or as Senior Technical Specialists. __________________ r. 5 -- 6 of 48 -- Part 3—Defensive Equipment and Firearms Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 4 Authorised by the Chief Parliamentary Counsel PART 3—DEFENSIVE EQUIPMENT AND FIREARMS 6 Courses of training in the use of defensive equipment (1) For the purposes of Part 5 of the Act, the prescribed course of training in the use of defensive equipment is a course of training approved by the IBAC that is conducted by— (a) the Australian Federal Police; or (b) a police force or police service (however described) of a State or Territory other than Victoria. (2) The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use defensive equipment when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations. 7 Courses of training in the use of firearms (1) For the purposes of Part 5 of the Act, the prescribed course of training in the use of firearms is a course of training approved by the IBAC that is conducted by— (a) the Australian Federal Police; or (b) a police force or police service (however described) of a State or Territory other than Victoria. r. 6 -- 7 of 48 -- Part 3—Defensive Equipment and Firearms Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 5 Authorised by the Chief Parliamentary Counsel (2) The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use firearms when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations. __________________ r. 7 -- 8 of 48 -- Part 4—Assistance for Witnesses Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 6 Authorised by the Chief Parliamentary Counsel PART 4—ASSISTANCE FOR WITNESSES Division 1—Reimbursement of expenses 8 Reimbursement of expenses (1) For the purposes of section 82ZH of the Act, the prescribed scale is the scale set out in this Division. (2) An amount under this scale must not be paid to— (a) a person whose conduct is being investigated by the IBAC or, in the case of a body corporate, its representative; or (b) a prisoner of the Crown. 9 Attendance allowance for expert witnesses A witness who is called to appear in an examination in a professional or expert capacity is entitled to reimbursement of the amount of income actually lost in attending the examination up to $300 per hour, but not exceeding $1500 per day. 10 Attendance and general allowances for other witnesses (1) This regulation applies to a witness who is called to appear in an examination other than in a professional or expert capacity. (2) A witness who is engaged in an income-producing occupation and loses income because of his or her attendance at an examination is entitled to reimbursement of the amount of income actually lost up to $100 per hour, but not exceeding $600 per day. (3) A witness who is not engaged in an income- producing occupation but who necessarily incurs expenditure (other than childcare expenses) r. 8 -- 9 of 48 -- Part 4—Assistance for Witnesses Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 7 Authorised by the Chief Parliamentary Counsel because of his or her attendance at the examination that is not provided for in regulation 11 is entitled to reimbursement of the amount of the actual expenditure incurred, up to a maximum of $50 for each day. (4) If a witness incurs childcare expenses because of his or her attendance at an examination, the witness is entitled to reimbursement of those reasonable childcare expenses. 11 Meals and accommodation (1) A witness who is called to appear in an examination and who is necessarily absent from his or her home by reason of the attendance at the examination is entitled to be paid the following allowances for meals during his or her absence— (a) if the witness is absent from his or her home overnight— Capital City Any other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total $71.50 $64.95 ; (b) if the witness is absent for a part of a day only, departing and returning the same day— Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total $41.30 . r. 11 -- 10 of 48 -- Part 4—Assistance for Witnesses Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 8 Authorised by the Chief Parliamentary Counsel (2) Despite subregulation (1), a witness is only entitled to be paid an allowance— (a) for breakfast, if he or she is absent from his or her home by reason of attendance at the examination between 7.00 a.m. and 9.30 a.m.; (b) for lunch, if he or she is absent from his or her home by reason of attendance at the examination between 12.00 p.m. and 3.00 p.m.; (c) for dinner, if he or she is absent from his or her home by reason of attendance at the examination between 6.00 p.m. and 8.00 p.m. (3) A witness who is called to appear in an examination and who is necessarily absent from his or her home overnight because of his or her attendance at the examination is entitled to a reimbursement of the cost incurred by him or her of alternative accommodation, up to a maximum of $150 for each night of his or her absence. 12 Travelling expenses (1) Subject to subregulation (2), a witness who is called to appear in an examination is entitled to be paid an allowance in respect of the expense of travelling to and from the examination equal to the cost of the most economical form of transport having regard to— (a) the distance required to be travelled; (b) the time spent travelling; (c) whether any income was lost when travelling; (d) any other matter the IBAC considers relevant. r. 12 -- 11 of 48 -- Part 4—Assistance for Witnesses Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 9 Authorised by the Chief Parliamentary Counsel (2) If the witness uses his or her own vehicle, he or she is entitled to an allowance of 18 cents for each kilometre travelled to or from the examination. 13 Evidence of expenses The IBAC must not approve the payment of an amount to a witness under this Division unless the witness produces to the satisfaction of the IBAC evidence— (a) in the case of regulations 9 or 10(2), that as a result of attending the examination the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income- producing occupation; (b) in the case of regulations 10(3) or (4) or 11(3), of the expenditure or cost incurred by the witness; (c) in the case of regulation 11(1), that the witness was absent from his or her home by reason of attendance at an examination at the relevant times; (d) in the case of regulation 12, of the cost of the most economical form of transport. Division 2—Provision of legal assistance 14 Provision of legal assistance to witnesses For the purposes of section 82ZI of the Act, the prescribed person is the Secretary to the Department of Justice. __________________ r. 13 -- 12 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 10 Authorised by the Chief Parliamentary Counsel PART 5—TESTING FOR ALCOHOL OR DRUGS OF DEPENDENCE Division 1—General 15 Direction to provide a sample of breath or urine or allow a sample of blood to be taken (1) Subject to subregulation (2), a sample direction must state— (a) the reason why the IBAC gives the sample direction, specifying whether the IBAC believes that the IBAC Officer— (i) has consumed alcohol or a drug of dependence and as a result is incapable of, or inefficient in, performing his or her duties; or (ii) has been involved in a critical incident; or (iii) should be tested for alcohol or a drug of dependence in order for the IBAC to manage the IBAC Officer's performance of his or her duties or exercise of his or her powers; or (iv) should be tested for alcohol or a drug of dependence in order for the IBAC to conduct a disciplinary process against the IBAC Officer; and (b) the type of sample (being breath, urine or blood) that the IBAC Officer is required to provide; and (c) that, if a sample is not provided because the IBAC Officer is unconscious or otherwise unable to comply with the sample direction and the IBAC reasonably believes the IBAC Officer was involved in a critical incident, a r. 15 -- 13 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 11 Authorised by the Chief Parliamentary Counsel registered medical practitioner may be directed to take a sample of the IBAC Officer's blood; and (d) that the IBAC Officer is required to remain at or attend specified premises for the sample to be taken; and (e) that the IBAC Officer must not consume alcohol or drugs before the sample is taken; and (f) that the sample of breath, urine or blood may be affected by prescription medication taken by the IBAC Officer and that the IBAC Officer should notify the person taking the sample of any prescription medication the IBAC Officer takes; and (g) that failure by the IBAC Officer to comply with the sample direction may constitute grounds for disciplinary action against the IBAC Officer; and (h) that the test results are to be given to the IBAC and will otherwise remain confidential, other than any disclosures authorised by the Act. (2) If the IBAC is of the opinion that a delay would be necessary in order to comply with subregulation (1) and that the delay may materially affect the accuracy of the test, the IBAC may give the IBAC Officer a sample direction that specifies— (a) the name of the IBAC Officer to whom the sample direction is given; and (b) the name of the IBAC Officer giving the sample direction; and r. 15 -- 14 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 12 Authorised by the Chief Parliamentary Counsel (c) the type of sample (being breath, urine or blood) that the IBAC Officer to whom the sample direction is given is required to provide. (3) If a sample direction is given to an IBAC Officer under subregulation (2), the IBAC must give that IBAC Officer a notice in writing containing the information prescribed in subregulation (1) as soon as practicable after giving the sample direction. 16 Blood and urine samples—general (1) The taking of a blood sample or the collection of a urine sample from an IBAC Officer must be conducted— (a) in a respectful manner; and (b) in circumstances affording reasonable privacy to the IBAC Officer. (2) The taking of a blood sample or the collection of a urine sample from an IBAC Officer must not— (a) occur in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample; and (b) require— (i) the removal of more clothing than is necessary for the sample to be taken; and (ii) more visual inspection of the IBAC Officer than is necessary for the sample to be taken. (3) A blood sample must not be taken from an IBAC Officer who has been involved in a critical incident if either of the following registered medical practitioners is of the opinion that the r. 16 -- 15 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 13 Authorised by the Chief Parliamentary Counsel taking of the sample would be prejudicial to the IBAC Officer's care and treatment— (a) the registered medical practitioner directed to take the sample; or (b) the registered medical practitioner primarily responsible for the examination and treatment of the IBAC Officer. Division 2—Breath analysis 17 Prescribed breath analysing devices The following breath analysing devices may be used to carry out a breath test or breath analysis of a sample of breath provided under Division 1— (a) Alcotest 80/A; (b) Lion Alcolmeter SD-400PA; (c) Lion Alcolmeter SD 400; (d) Lion Alcolmeter 500; (e) Lion Alcolmeter S-D2; (f) Drager Alcotest 80A; (g) Drager Alcotest 6510; (h) Drager Alcotest 6810; (i) Alcolizer LE; (j) Alcolizer HH1; (k) Alcolizer HH2; (l) Breathalyser Type II; (m) Intoxilyzer; (n) Intoximeter; (o) AlcoScan; (p) AlcoScan AL-2500; (q) AlcoScan AL-3500; r. 17 -- 16 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 14 Authorised by the Chief Parliamentary Counsel (r) Alco-Sensor; (s) Datamaster, AlcoMate Prestige; (t) AlcoHawk Precision; (u) AlcoHawk ABI; (v) Breathalyser L-6000; (w) Lifeloc FC10; (x) Lifeloc FC10 Plus; (y) Lifeloc FC20; (z) Guth Laboratories AlcoTector. 18 Procedure for breath analysis (1) A person operating a breath analysing device— (a) must not require an IBAC Officer to provide a breath sample for analysis until the person is satisfied that the officer has not consumed any alcohol for a period of at least 15 minutes before the analysis; and (b) must provide a fresh mouthpiece for use by the officer that, until required for taking the breath sample, has been kept in a sealed container. (2) An IBAC Officer who is directed to provide a sample of his or her breath must do so by exhaling continuously into the breath analysing device to the satisfaction of the person operating that device. 19 Certificate of breath analysis After taking a sample of an IBAC Officer's breath, the person operating a breath analysing device must complete and give to the IBAC a certificate that includes the following particulars— r. 18 -- 17 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 15 Authorised by the Chief Parliamentary Counsel (a) the concentration of alcohol indicated by the breath analysing device to be present in the IBAC Officer's breath; (b) the serial number of the breath analysing device; (c) the sample number; (d) the location of the test; (e) the name of the IBAC Officer whose breath was tested; (f) the name of the person operating the breath analysing device; (g) the results of the self test conducted by the breath analysing device before and after the IBAC Officer's breath was analysed; (h) the results of zero tests conducted by the breath analysing device before and after the IBAC Officer's breath was analysed; (i) the date and time that the IBAC Officer's breath was analysed. Division 3—Taking of blood samples 20 Direction to take blood sample A direction under section 93 of the Act from the IBAC to a registered medical practitioner to take a sample of blood from an IBAC Officer must include— (a) the name of the IBAC Officer from whom the sample of blood is to be taken; and (b) the name and signature of the IBAC Officer giving the direction; and (c) the date and time the direction was given. r. 20 -- 18 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 16 Authorised by the Chief Parliamentary Counsel 21 Procedure for taking blood sample If a blood sample is taken by a registered medical practitioner for the purposes of this Part, the site of the puncture must be cleansed with a swab taken from a container which— (a) appears to be sealed against contamination; and (b) bears a label stating that the container holds an aqueous solution of chlorhexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol. 22 Procedure after blood sample taken A registered medical practitioner who takes a blood sample must ensure that— (a) the sample of blood is placed into 2 dry containers, each containing approximately the same amount of blood; and (b) each container is vacuum sealed or sealed with a septum seal; and (c) each container in which the sample is placed bears a label stating— (i) that the container holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and (ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and (d) each container has attached to it a label bearing— (i) the signature of the registered medical practitioner; and r. 21 -- 19 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 17 Authorised by the Chief Parliamentary Counsel (ii) the date and the time the blood sample was taken; and (iii) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken; and (iv) if known, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and (e) the 2 containers are transported to a laboratory or drug testing service for analysis. 23 Certificate of taking blood sample A registered medical practitioner who takes a blood sample from an IBAC Officer must complete and give to the IBAC Officer a certificate that includes the following particulars— (a) the registered medical practitioner's full name; and (b) that the registered medical practitioner was the registered medical practitioner who took the blood sample from the officer; and (c) the date and time that the blood sample was taken; and (d) that a sufficient blood sample was taken to enable testing for the presence of alcohol or a drug of dependence; and (e) if known, the laboratory or drug testing service where the blood sample will be sent for testing and the identification number or r. 23 -- 20 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 18 Authorised by the Chief Parliamentary Counsel code enabling the sample to be identified by that laboratory or drug testing service. Division 4—Collection of urine samples 24 Prescribed persons to collect urine samples The following persons are authorised to collect samples of urine from IBAC Officers under this Part— (a) a registered medical practitioner; (b) a person referred to in paragraph (a) of the definition of approved health professional; (c) a person who— (i) has knowledge and expertise in standards and practices related to the collection and storage of urine samples; and (ii) is employed by a laboratory or drug testing service. 25 Procedure for collecting urine sample If a urine sample is collected from an IBAC Officer, the person collecting the sample must ensure that the sample is collected in a container that— (a) is clean and dry; and (b) has not previously been used. 26 Procedure after person collects urine sample A person collecting a urine sample from an IBAC Officer must ensure that— (a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and r. 24 -- 21 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 19 Authorised by the Chief Parliamentary Counsel (b) each container is fitted with a tamper-proof locking seal; and (c) each container has attached to it a label that bears— (i) the signature of the person who collected the urine sample; and (ii) the date and the time the urine sample was collected; and (iii) the name of the person from whom the urine sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected; and (iv) if possible, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and (d) the 2 containers are transported to a laboratory or drug testing service for analysis. 27 Certificate of collecting of urine sample A person who collects a urine sample from an IBAC Officer must complete and give to the officer a certificate containing the following particulars— (a) the full name of the person authorised under regulation 24 to collect a urine sample; and (b) that the person was the person who collected the urine sample from the IBAC Officer; and (c) the date and time that the urine sample was collected; and r. 27 -- 22 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 20 Authorised by the Chief Parliamentary Counsel (d) that a sufficient urine sample was collected to enable testing for the presence of alcohol or a drug of dependence; and (e) if known, the laboratory or drug testing service where the urine sample will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service. Division 5—Analysis of blood sample or urine sample 28 Analysis of blood samples or urine samples A laboratory or drug testing service that receives a container with a blood sample or urine sample taken or collected for the purposes of this Part must— (a) analyse the blood sample or urine sample for the presence of alcohol or a drug of dependence; and (b) provide a report on the analysis of that sample to the IBAC. 29 Certificate of analysis of sample of urine or blood (1) As soon as practicable after a laboratory or drug testing service has analysed a blood sample or urine sample of an IBAC Officer under regulation 28, the laboratory or drug testing service must give a certificate to the IBAC. (2) The certificate must state— (a) the full name of the IBAC Officer from whom the sample was taken; and (b) the date on which the sample was received by the laboratory or drug testing service for analysis; and r. 28 -- 23 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 21 Authorised by the Chief Parliamentary Counsel (c) with respect to each container holding a sample of the IBAC Officer's urine or blood— (i) that the container was received at the laboratory or drug testing service; and (ii) whether the container was sealed and labelled in accordance with regulation 22 or 26, as the case may be; and (iii) whether the seal of the container was broken or unbroken; and (d) the approved laboratory identification number of the sample; and (e) the date that the analysis was conducted; and (f) the results of the analysis of the sample; and (g) the signature and name of the person who conducted the analysis; and (h) any factors which may have affected the results of the analysis. (3) The IBAC must provide a copy of the certificate to the IBAC Officer from whom the blood sample or urine sample was taken or collected as soon as practicable. 30 IBAC Officer may request independent analysis of a blood sample or urine sample (1) A laboratory or drug testing service that receives 2 containers must— (a) store the second container for a period of not less than 12 months; and (b) if requested under subregulation (2), send that container for analysis to the registered medical practitioner, laboratory or drug testing service nominated by the IBAC r. 30 -- 24 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 22 Authorised by the Chief Parliamentary Counsel Officer from whom the sample was taken or collected. (2) An IBAC Officer from whom a blood sample or urine sample has been taken or collected may request that the sample in the second container be sent to a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer. (3) A request must be made by the IBAC Officer within 12 months after the taking of the sample. (4) Any analysis undertaken by a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer is at the officer's own expense. (5) Regulations 28 and 29 do not apply to an analysis conducted under this regulation. Division 6—Handling of information and confidentiality 31 Confidentiality of test results (1) The following records must be kept in a secure location— (a) all records that relate to or include a sample direction or a direction given to a registered medical practitioner under regulation 20; (b) all records that relate to or include any samples of blood or urine taken for testing for the presence of alcohol or drugs as a result of a sample direction or a direction given to a registered medical practitioner under regulation 20; (c) all records that relate to or include the result of any testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a r. 31 -- 25 of 48 -- Part 5—Testing for Alcohol or Drugs of Dependence Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 23 Authorised by the Chief Parliamentary Counsel registered medical practitioner under regulation 20. (2) A person must not disclose to any other person any information revealed by the testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 20 unless— (a) that information is already publicly known; or (b) disclosure of that information is required or authorised under Division 1 of Part 7 of the Act; or (c) disclosure of that information is necessary for the investigation of any offence; or (d) the IBAC Officer consents; or (e) the disclosure of information is for the management, supervision and support of the IBAC Officer in the workplace; or (f) the disclosure of information is necessary to enable the IBAC to determine whether to take disciplinary action against the IBAC Officer and for the purpose of determining the outcome of any disciplinary action; or (g) the disclosure of information is solely for the purposes of compiling reports and statistics and that information does not include information that could be used to identify the IBAC Officer who provided the sample. __________________ r. 31 -- 26 of 48 -- Part 6—Prescribed Forms Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 24 Authorised by the Chief Parliamentary Counsel PART 6—PRESCRIBED FORMS 32 Confidentiality notice The prescribed form of a confidentiality notice is Form 1 in the Schedule. 33 Authorisation to apply for a search warrant The prescribed form of an authorisation to apply for a search warrant is Form 2 in the Schedule. 34 Search warrant The prescribed form of a search warrant is Form 3 in the Schedule. 35 Receipt for documents or things seized The prescribed form of a receipt for documents or things seized under a search warrant is Form 4 in the Schedule. 36 Witness summons The prescribed form of a witness summons is Form 5 in the Schedule. 37 Direction about a witness already held in custody For the purposes of section 82L(2)(a) of the Act, the prescribed form of a direction as to a witness already held in custody is Form 6 in the Schedule. 38 Notice of application to determine privilege The prescribed form of a notice of an application to determine a claim of privilege or the application of a secrecy requirement is Form 7 in the Schedule. 39 Arrest warrant The prescribed form of an arrest warrant for the purposes of section 82ZK of the Act is Form 8 in the Schedule. r. 32 -- 27 of 48 -- Part 6—Prescribed Forms Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 25 Authorised by the Chief Parliamentary Counsel 40 Statement about right to apply for discharge from custody For the purposes of section 82ZM(1)(a)(ii) of the Act, the prescribed form of a statement about applying to a bail justice for discharge from custody is Form 9 in the Schedule. __________________ r. 40 -- 28 of 48 -- Part 7—Other Matters Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 26 Authorised by the Chief Parliamentary Counsel PART 7—OTHER MATTERS 41 Proof of age For the purpose of section 82I(2) of the Act, the following constitutes proof of age— (a) an Australian birth certificate or certified birth extract; (b) an Australian passport; (c) a passport issued by another country; (d) any other document or evidence that satisfies the IBAC about a person's age. 42 Additional actions before the questioning of a witness or requiring the production of documents For the purposes of section 82P(1)(e) of the Act, the IBAC must take the following actions before a witness is asked any questions or required to produce a document or thing— (a) if the IBAC administers an oath or affirmation to a witness under section 82Q of the Act and the witness is using an interpreter, the IBAC must administer an oath or affirmation to the interpreter in accordance with section 22(2) of the Evidence Act 2008; and (b) if the witness is required to be accompanied by a parent, guardian or an independent person, inform that parent, guardian or independent person of the witness' rights and obligations as specified in section 82G(4) of the Act. r. 41 -- 29 of 48 -- Part 7—Other Matters Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 27 Authorised by the Chief Parliamentary Counsel 43 Prescribed persons for referral of complaints or notifications for investigation For the purposes of section 49C(2)(g) of the Act, an inspector of municipal administration appointed under section 223A of the Local Government Act 1989 is a prescribed person. __________________ r. 43 -- 30 of 48 -- Part 8—Transitional Matters and Renumbering Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 28 Authorised by the Chief Parliamentary Counsel PART 8—TRANSITIONAL MATTERS AND RENUMBERING 44 Courses of training in the use of defensive equipment For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use defensive equipment immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 102(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training. 45 Courses of training in the use of firearms For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use firearms immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 103(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training. 46 Renumbering In these Regulations— (a) in regulation 1(c), for "Part 7" substitute "Part 9"; (b) in regulation 2, for "sections 110, 111 and 112" substitute "sections 195, 196 and 197"; r. 44 -- 31 of 48 -- Part 8—Transitional Matters and Renumbering Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 29 Authorised by the Chief Parliamentary Counsel (c) in regulation 4, in the definition of sample direction— (i) for "section 91" substitute "section 172"; (ii) for "Part 7" substitute "Part 9"; (d) in regulation 8(1), for "section 82ZH" substitute "section 150"; (e) in regulation 14, for "section 82ZI" substitute "section 151"; (f) in regulation 20, for "section 93" substitute "section 174"; (g) in regulation 31(2)(b), for "Part 7" substitute "Part 9"; (h) in regulation 37, for "section 82L(2)(a)" substitute "section 126(2)(a)"; (i) in regulation 39, for "section 82ZK" substitute "section 153"; (j) in regulation 40, for "section 82ZM(1)(a)(ii)" substitute "section 155(1)(a)(ii)"; (k) in regulation 41, for "section 82I(2)" substitute "section 123(2)"; (l) in regulation 42, for "section 82P(1)(e)" substitute "section 130(1)(e)"; (m) in regulation 42(a), for "section 82Q" substitute "section 132"; (n) in regulation 42(b), for "section 82G(4)" substitute "section 121(4)"; (o) in regulation 43, for "section 49C(2)(g)" substitute "section 73(2)(j)"; r. 46 -- 32 of 48 -- Part 8—Transitional Matters and Renumbering Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 30 Authorised by the Chief Parliamentary Counsel (p) in the Schedule— (i) in Form 1, for "section 33C" substitute "section 42"; (ii) in Form 2 for "section 26(5) or (6)" substitute "section 32(5) or (6)"; (iii) in Form 3, for "section 60" substitute "section 91"; (iv) in Form 6, for "section 82L" substitute "section 126"; (v) in Form 7, for "section 82ZE" substitute "section 147". __________________ r. 46 -- 33 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 31 Authorised by the Chief Parliamentary Counsel SCHEDULE FORMS FORM 1 Regulation 32 Independent Broad-based Anti-corruption Commission Act 2011 CONFIDENTIALITY NOTICE To: [insert name of person subject to confidentiality notice] Address: [insert address details] THIS CONFIDENTIALITY NOTICE IS IMPORTANT. PLEASE READ IT CAREFULLY. FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE IS AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY. 1. What is this notice? This confidentiality notice is issued under section 33C of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters: [specify restricted matter or matters] Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed 'When are you authorised to disclose information?'. If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both. You should also note that additional obligations under Part 7 of the Protected Disclosure Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you. Sch. -- 34 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 32 Authorised by the Chief Parliamentary Counsel 2. Why have you been given this notice? You have been given this confidentiality notice because the Independent Broad-based Anti-corruption Commission ("IBAC") considers that your disclosure of any of the restricted matters described above would be likely to prejudice: • an IBAC investigation; or • the safety or reputation of a person; or • the fair trial of a person who has been, or may be, charged with an offence. 3. When are you authorised to disclose information? Disclosure to spouse, domestic partner and employer or manager If one of the restricted matters specified above is that you have been, or are about to be, summoned by the IBAC to be examined or produce documents or things, you: * may disclose this fact to your spouse or domestic partner, and to your employer or manager for the purpose of arranging leave from work. * may only disclose this fact to your spouse or domestic partner, and to your employer or manager for the purpose of arranging leave from work, subject to the following limitations: [set out limitations on the right to disclosure] These limitations have been imposed because the IBAC considers that disclosure to your spouse, domestic partner, employer or manager would be likely to prejudice an investigation, the safety of a person or the fair trial of a person. * must not disclose this fact to your spouse, domestic partner, employer or manager because the IBAC considers that disclosure to your spouse, domestic partner, employer or manager would be likely to prejudice an investigation, the safety of a person or the fair trial of a person. Other permitted disclosures You are also permitted to disclose a restricted matter in the following circumstances— • if the IBAC directs you or authorises you to disclose a restricted matter; • to another person if this is necessary for you to obtain information, documents or another thing you need to comply with this confidentiality notice or a witness summons, including: Sch. -- 35 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 33 Authorised by the Chief Parliamentary Counsel • to an interpreter if you do not know enough English to understand the nature of the witness summons or this confidentiality notice; • to a parent, guardian or independent person if you are under 18; • to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons or confidentiality notice; • to a legal practitioner for the purpose of obtaining legal representation or legal advice about this notice, a witness summons and your rights, liabilities, obligations and privileges under the Independent Broad- based Anti-corruption Commission Act 2011 or the Protected Disclosure Act 2012, unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner; • if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client; • the disclosure is authorised or required by another Act; • to the Victorian Inspectorate if you are making a complaint about the IBAC or an IBAC Officer; • to the Victorian Inspectorate if you have been served with a witness summons under the Victorian Inspectorate Act 2011; • if the information has been included by the IBAC in a report or has otherwise been made public in accordance with the Act. Your obligations if you make a permitted disclosure If you disclose information about a restricted matter to another person because the disclosure is permitted, you must give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless: • the information has been made public by the IBAC; or • you are complying with a summons served by the Victorian Inspectorate; or • you are making a complaint to the Victorian Inspectorate about the IBAC or an IBAC Officer. In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure. If you do not do so without a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both. Sch. -- 36 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 34 Authorised by the Chief Parliamentary Counsel 4. When does this confidentiality notice expire? This confidentiality notice expires on the date when the first of the following events occurs: • the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters; • the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice; • the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice; • unless the Supreme Court has ordered the extension of this confidentiality notice, 5 years after the first confidentiality notice about the current investigation was issued; • if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires. 5. Where can I get more information about this confidentiality notice? A copy of the relevant law about confidentiality notices is attached to this confidentiality notice. You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner. [attach a copy of the applicable sections of the Independent Broad-based Anti-corruption Commission Act 2011] [signature] [name] [title] [date] * Delete if not applicable. __________________ Sch. -- 37 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 35 Authorised by the Chief Parliamentary Counsel FORM 2 Regulation 33 Independent Broad-based Anti-corruption Commission Act 2011 AUTHORISATION OF AUTHORISED OFFICER TO APPLY FOR A SEARCH WARRANT I, [insert name], being * the Commissioner of the Independent Broad-based Anti-corruption Commission * a delegate of the Commissioner under section 26(5) or (6) of the Independent Broad-based Anti-corruption Commission Act 2011 authorise [insert authorised officer's name and title] to apply for a search warrant in relation to * the particular premises * a particular vehicle located in a public place * a particular vessel located in a public place * a particular aircraft located in a public place named in the application. [signature] [name] [title] [insert date] * Delete if not applicable. __________________ Sch. -- 38 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 36 Authorised by the Chief Parliamentary Counsel FORM 3 Regulation 34 Independent Broad-based Anti-corruption Commission Act 2011 SEARCH WARRANT Court Ref: [Name and/or description of person, or document or thing] The place, vehicle, vessel or aircraft that is authorised to be searched is: * [Number and name of street and suburb of place to be searched] * [Identifying details of vehicle/vessel/aircraft] Purpose for search: [insert information on purpose for search] This search warrant authorises: * [Name, Rank/Title, Agency and Address] * all members of the police force to enter and search the: * specified premises * specified vehicle located in a public place named or described in this warrant * specified vessel located in a public place named or described in this warrant * specified aircraft located in a public place named or described in this warrant • to inspect any document or thing; and • to make a copy of any document relevant to the investigation; and • to take possession of any document or other thing relevant to the investigation. *This search warrant is subject to the following conditions: [insert details of conditions] Entry is authorised under this search warrant *at any time/*between [insert times between which entry is authorised]. Sch. -- 39 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 37 Authorised by the Chief Parliamentary Counsel This search warrant ceases to have effect on [insert day, not later than 28 days after the issue of the search warrant]. This search warrant is authorised by section 60 of the Independent Broad- based Anti-corruption Commission Act 2011. Issued at *a.m./*p.m. on by , Judge of the Supreme Court of Victoria. [signature of Judge] * Delete if not applicable. __________________ Sch. -- 40 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 38 Authorised by the Chief Parliamentary Counsel FORM 4 Regulation 35 Independent Broad-based Anti-corruption Commission Act 2011 RECEIPT FOR SEIZED DOCUMENTS AND THINGS Premises: [insert address] Name(s) of authorised IBAC Officer(s) conducting the search: [insert name/s] Date: [insert date] Item No. Time seized Description of item Location of item when seized IBAC Officer's initials Collected from: [insert name of person from whom documents and things were collected] By: [signature] [name] [title] __________________ Sch. -- 41 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 39 Authorised by the Chief Parliamentary Counsel FORM 5 Regulation 36 Independent Broad-based Anti-corruption Commission Act 2011 WITNESS SUMMONS 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. * 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 to attend an examination. When is the examination? You must attend at [insert address] *immediately/*on [insert date] at [insert time] *a.m./*p.m. and from day to day unless excused or released from further attendance. What will the examination cover? You will be required: * to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest]; * to produce for examination by the IBAC the following documents or things that are in your possession or control: [specify documents or things] Sch. -- 42 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 40 Authorised by the Chief Parliamentary Counsel * to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest] and to produce for examination by 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. __________________ Sch. -- 43 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 41 Authorised by the Chief Parliamentary Counsel FORM 6 Regulation 37 Independent Broad-based Anti-corruption Commission Act 2011 DIRECTION ABOUT A WITNESS ALREADY HELD IN CUSTODY TO: [insert name of person in charge of place where witness is held in custody] AT: [insert name and address of place where person is held in custody] In accordance with section 82L of the Independent Broad-based Anti- corruption Commission Act 2011 ("the Act"), I direct that [name of person in custody] born on [insert date of birth of person held in custody] who is detained at [insert name of place where person is held in custody] be delivered into the custody of [insert name of person to whom the person in custody is to be delivered] to be brought before the Independent Broad-based Anti-corruption Commission AT: [insert address to which person in custody is to be brought] ON: [insert date on which person in custody is to be brought] AT: [insert time when person in custody is to be brought] to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 3 of the Act and directed to the person who is the subject of this direction. Note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend the Independent Broad-based Anti-corruption Commission. [name] [title] Date: [insert date] * Delete if not applicable. __________________ Sch. -- 44 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 42 Authorised by the Chief Parliamentary Counsel FORM 7 Regulation 38 Independent Broad-based Anti-corruption Commission Act 2011 NOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE OR THE APPLICATION OF A SECRECY REQUIREMENT To: [insert name of person who has made claim for privilege] Address: [insert address details] You are notified that the Independent Broad-based Anti-corruption Commission has applied to the Supreme Court under section 82ZE of the Independent Broad-based Anti-corruption Commission Act 2011 for a determination of your claim of: * privilege * the application of a secrecy requirement with respect to [insert details of the claim of privilege or the application of a secrecy requirement being made]. [name] [title] Date: [insert date] * Delete if not applicable. __________________ Sch. -- 45 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 43 Authorised by the Chief Parliamentary Counsel FORM 8 Regulation 39 Independent Broad-based Anti-corruption Commission Act 2011 ARREST WARRANT TO: [insert name of member of police force, or all members of the police force] The Independent Broad-based Anti-corruption Commission has issued a certificate of charge charging [name] of [address] with contempt of the Independent Broad-based Anti-corruption Commission under the Independent Broad-based Anti-corruption Commission Act 2011. You are authorised by the Independent Broad-based Anti-corruption Commission to: • arrest [name] of [address]; and • bring him or her before the Supreme Court without delay to be dealt with according to law; and • detain him or her in police custody in the meantime. [name] [title] Date: [insert date] __________________ Sch. -- 46 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 44 Authorised by the Chief Parliamentary Counsel FORM 9 Regulation 40 Independent Broad-based Anti-corruption Commission Act 2011 STATEMENT OF YOUR RIGHT TO APPLY FOR DISCHARGE FROM CUSTODY You have been arrested for contempt of the Independent Broad-based Anti- corruption Commission. Because it is not practicable to bring you before the Supreme Court without delay, you are entitled to apply to a bail justice for discharge from custody on bail. If you want to apply for discharge from custody, you must advise the person in charge of the place where you are being detained. If you do apply for discharge from custody, the person in charge of the place where you are being detained must ensure you are brought before a bail justice as soon as practicable. The bail justice may order that you be discharged from custody in accordance with the Bail Act 1977. The person in charge of the place where you are being detained must abide by that order. ═══════════════ Sch. -- 47 of 48 -- Independent Broad-based Anti-corruption Commission Regulations 2013 S.R. No. 5/2013 45 Authorised by the Chief Parliamentary Counsel ENDNOTES Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 48 of 48 --