Western Australian Consolidated Acts

CORRUPTION AND CRIME COMMISSION ACT 2003 - NOTES

Notes

¹ This is a compilation of the Corruption and Crime Commission Act 2003 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Corruption and Crime Commission Act 2003	48 of 2003	3 Jul 2003	s. 1 and 2: 3 Jul 2003; Act other than s. 1 and 2: 1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723)
Corruption and Crime Commission Amendment and Repeal Act 2003 Pt. 2 5, 6	78 of 2003	22 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723)
Reprint 1: The Corruption and Crime Commission Act 2003 as at 5 Jan 2004 (includes amendments listed above)
Criminal Code Amendment Act 2004 s. 24	4 of 2004	23 Apr 2004	21 May 2004 (see s. 2)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Law Amendment (Simple Offences) Act 2004 s. 82	70 of 2004	8 Dec 2004	31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78, 79 and 82	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Reprint 2: The Corruption and Crime Commission Act 2003 as at 7 Jul 2006 (includes amendments listed above)
Nurses and Midwives Act 2006 Sch. 3 cl. 4	50 of 2006	6 Oct 2006	19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711)
Criminal Investigation (Consequential Provisions) Act 2006 Pt. 3	59 of 2006	16 Nov 2006	1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 35	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Acts Amendment (Justice) Act 2008 s. 128	5 of 2008	31 Mar 2008	30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)
Police Amendment Act 2008 s. 11 and 23(1)	8 of 2008	31 Mar 2008	s. 11: 1 Apr 2008 (see s. 2(1)); s. 23(1): 21 Jun 2008 (see s. 2(2) and Gazette 20 Jun 2008 p. 2706)
Legal Profession Act 2008 s. 654	21 of 2008	27 May 2008	1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)
Medical Practitioners Act 2008 Sch. 3 cl. 11	22 of 2008	27 May 2008	1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)
Criminal Law Amendment (Homicide) Act 2008 s. 26	29 of 2008	27 Jun 2008	1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353)
Reprint 3: The Corruption and Crime Commission Act 2003 as at 10 Oct 2008 (includes amendments listed above except those in the Medical Practitioners Act 2008 and the Legal Profession Act 2008)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 41	8 of 2009	21 May 2009	22 May 2009 (see s. 2(b))
Acts Amendment (Bankruptcy) Act 2009 s. 23	18 of 2009	16 Sep 2009	17 Sep 2009 (see s. 2(b))
Statutes (Repeals and Minor Amendments) Act 2009 s. 17	46 of 2009	3 Dec 2009	4 Dec 2009 (see s. 2(b))
Reprint 4: The Corruption and Crime Commission Act 2003 as at 2 Jul 2010 (includes amendments listed above)
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 12	35 of 2010	30 Aug 2010	18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)
Public Sector Reform Act 2010 s. 74	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Telecommunications (Interception) Western Australia Amendment Act 2011 Pt. 3	2 of 2011	1 Mar 2011	2 Jul 2011 (see s. 2(b) and Gazette 1 Jul 2011 p. 2713 )
Commonwealth Heads of Government Meeting (Special Powers) Act 2011 Pt. 9 3	23 of 2011	11 Jul 2011	12 Jul 2011 (see s. 2(b))

² The provisions in this Act amending these Acts have been omitted under the Reprints Act 1984 s. 7(4)(e).

³ The Commonwealth Heads of Government Meeting (Special Powers) Act 2011 Pt. 8 is to be read in conjunction with, and as supplementary to, this Act as if the provisions of that Part were incorporated with, and formed part of, this Act.

⁴ The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.

Division 3 — Anti-Corruption Commission Act 1988

Subdivision 2 — Repeal of the Anti-Corruption Commission Act 1988 and transitional and savings provisions

53. Meaning of terms used in this Division

In this Division —

commencement means the day on which section 54 comes into operation;

A-CC Act means the Anti-Corruption Commission Act 1988.

54. Anti-Corruption Commission Act 1988 repealed

The Anti-Corruption Commission Act 1988 is repealed.

55. References to repealed Act and former titles

In any written law or document, a reference to the A-CC Act may, if the context permits, be taken as a reference to the Corruption and Crime Commission Act 2003.

56. Transfer of assets and liabilities to Commission

On and after the commencement —

(a) the assets and rights of the A-CC vest in the CCC by force of this section;

(b) the liabilities of the A-CC become, by force of this section, the liabilities of the CCC;

(c) any agreement or instrument relating to the assets, rights and liabilities referred to in paragraphs (a), and (b) has effect, by force of this section, as if the CCC were substituted for the A-CC in the agreement or instrument;

(d) the CCC is a party to any proceedings by or against the A-CC commenced before the commencement;

(e) any proceeding or remedy that might have been commenced by or available against or to the A-CC in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) may be commenced by or is available, by or against or to the CCC; and

(f) any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the commencement by, to or in respect of the A-CC (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the CCC.

57. Notices and requests

A notice or request issued under the A-CC Act and in force immediately before the commencement is taken to be a notice or request validly issued under the Corruption and Crime Commission Act 2003 and continues in force, with necessary changes.

58. Proceedings

A proceeding that could have been started or continued by, or against the A-CC may be started or continued by, or against the CCC.

59. Continuation of allegations

(1) This section applies if an allegation made to the A-CC under the A-CC Act before the commencement has not been finally dealt with under that Act on the commencement.

(2) The allegation must be dealt with as if it had been made under the Corruption and Crime Commission Act 2003.

(3) If the allegation was made by a person under section 13(1)(a), (b) or (c) of the A-CC Act, section 35 of the Corruption and Crime Commission Act 2003 applies as if the allegation were made under section 25 or 28(2), as the case requires, of that Act.

60. Offences

(1) Proceedings for an offence against the A-CC Act may be continued, or started, despite the A-CC Act having been repealed and section 11 of The Criminal Code and for the purposes of section 10 of the Sentencing Act 1995, the statutory penalty for the offence immediately before the commencement continues to have effect.

(2) Despite section 54, sections 52 to 54 of the A-CC Act continue to have effect, with any necessary modifications, as if they had not been repealed.

61. Completion of things done

Anything commenced to be done by the A-CC under the A-CC Act before the commencement may be continued by the CCC so far as the doing of that thing is within the functions of the CCC after the commencement.

62. Continuing effect of things done

Any act, matter or thing done or omitted to be done before the commencement by, to or in respect of the A-CC, to the extent that that act, matter or thing has any force is to be taken to have been done or omitted by, to or in respect of the CCC so far as the act, matter or thing is relevant to the CCC.

63. Warrants and emergency authorisations continued in force

(1) Any warrant issued under section 13, 14 or 17 of the Surveillance Devices Act 1998 to an Anti-Corruption Commission officer and in force immediately before the commencement continues in force, subject to any condition or limitation on its issue and with necessary changes, as if it were issued to an officer of the CCC.

(2) Any emergency authorisation issued under section 21 of the Surveillance Devices Act 1998 to an Anti-Corruption Commission officer and in force immediately before the commencement continues in force, subject to any condition or limitation on its issue and with necessary changes, as if it were issued to an officer of the CCC.

64. Transfer of records

(1) On the commencement all records in the possession of the A-CC immediately before the commencement are to be transferred to the possession of the CCC, become the records of the CCC and may be dealt with accordingly.

(2) In this section —

records includes —

(a) evidence in any form;

(b) information and other things.

65. A-CC officers

(1) In this section —

A-CC officer means a person who, immediately before becoming an officer of the Commission within the meaning of the Corruption and Crime Commission Act 2003, was an officer of the Commission as that term is defined in the A-CC Act;

officer of the Commission has the meaning given to that term by the Corruption and Crime Commission Act 2003;

officer of the Parliamentary Inspector has the meaning given to that term by the Corruption and Crime Commission Act 2003.

(2) If, on or before the commencement, an A-CC officer becomes an officer of the Commission or an officer of the Parliamentary Inspector, that person is entitled to retain all his or her existing and accruing rights as an A-CC officer, including any rights under the Superannuation and Family Benefits Act 1938 and any rights that had been retained under section 6(4) of the A-CC Act, as if his or her service as an officer of the Commission or an officer of the Parliamentary Inspector were a continuation of his or her service as an A-CC officer.

(3) Despite the repeal of the A-CC Act under section 54, section 6(6), (7), (8) and (9) of the A-CC Act continue to apply to and in relation to a person —

(a) who was, immediately before the commencement, an officer of the Commission as that term is defined in the A-CC Act;

(b) who is a former public employee as that term is defined in section 6(5) of the A-CC Act; and

(c) who —

(i) on the commencement is not employed or engaged as an officer of the Commission or an officer of the Parliamentary Inspector; or

(ii) having become an officer of the Commission or an officer of the Parliamentary Inspector, subsequently ceases to be such an officer otherwise than in circumstances described in section 6(7) of the A-CC Act.

(4) Nothing in this Act precludes the CCC from exercising its discretion to employ or engage as an officer of the Commission a person who before the commencement was —

(a) an officer of the Commission;

(b) a seconded officer;

(c) a service provider; or

(d) a special investigator,

as those terms are defined in the A-CC Act.

66. Financial reporting

(1) In this section —

FAA Act means the Financial Administration and Audit Act 1985;

final period means the period starting at the beginning of 1 July last preceding the commencement;

reporting officer means the person appointed under section 65A(2) of the FAA Act as applied by subsection (2).

(2) Section 65A of the FAA Act applies in relation to the preparation and submission of a final report in respect of the A-CC as if —

(a) references in that section to a department were references to the A-CC; and

(b) references in that section to provisions of sections 62 to 65 of the FAA Act were references to the equivalent provisions of sections 66 to 70 of the FAA Act,

except that the period to which the final report is to relate is the final period and the references in sections 66(1), 68 and 70(1) to the end of the financial year are to be read as references to the end of the final period.

(3) If at the commencement, any duty imposed by Part II Division 14 of the FAA Act on the accountable authority of the A-CC has not been complied with in relation to the A-CC for any financial year that expired before the commencement, that duty subsists and is to be performed by the reporting officer as if the reporting officer were the accountable authority.

(4) The time within which the reporting officer is to perform a duty referred to in subsection (3) is extended until the end of the day that is 2 months after the day on which the reporting officer is appointed, but this subsection does not prevent the time from being extended again under section 70 of the FAA Act.

(5) The CCC is to give the reporting officer access to the records referred to in section 64 for the purposes of this section.

⁶ The Corruption and Crime Commission Amendment and Repeal Act 2003 Pt. 3 Div. 7 reads as follows:

Part 3 — Repeals, transitional and savings provisions, and consequential amendments

Division 7 — General

75. Further transitional provisions may be made

(1) In this section —

commencement day means the day on which this section comes into operation;

specified means specified or described in the regulations;

transitional matter means a matter that needs to be dealt with for the purpose of —

(a) effecting the transition from the provisions of an Act repealed by this Act to the provisions of the Corruption and Crime Commission Act 2003;

(b) effecting the transition from the provisions of an Act amended by this Act as in force before this Act comes into operation to the provisions of that Act as in force after this Act comes into operation; or

(c) effecting the transition from the provisions of an Act amended by the Corruption and Crime Commission Act 2003 as in force before this Act comes into operation to the provisions of that Act as in force after the Corruption and Crime Commission Act 2003 comes into operation,

and includes a saving or application matter.

(2) If there is no sufficient provision in this Part for dealing with a transitional matter, regulations under the Corruption and Crime Commission Act 2003 may include any provision that is required, or that is necessary or convenient, for dealing with the transitional matter.

(3) Regulations made under subsection (2) may provide that specified provisions of this Act or the Corruption and Crime Commission Act 2003 or an Act amended by this Act —

(a) do not apply; or

(b) apply with specified modifications,

to or in relation to any matter.

(4) If regulations made under subsection (2) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.

(5) Regulations referred to in subsection (2) cannot be made more than 12 months after the commencement day.

(6) If regulations contain a provision referred to in subsection (4), the provision does not operate so as to —

(a) affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or

(b) impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined Term Provision(s)
A-CC 3(1)
allegation 3(1), 220(1)
ancillary activity 132(1)
appropriate authority 3(1)
appropriate entry 105(6)
assumed identity approval 103(1)
authorised officer 184(1)
authorised operation 119
authorised person 101(1), 148(8), 161(1)
authority 63, 119
bipartisan support 3(1)
cancel 108(3)
chief officer 102
civilian participant 119
Commission 3(1)
Commission lawyer 152(1)
Commissioner 3(1)
Commissioner of Police 3(1)
contractor 3(1)
controlled activity 63, 119
controlled operation 63, 119
conveyance 53(6)
court 114(1), 134(1), 152(1), 153(1), 208(1), 209(1)
criminal activity 63
Director of Public Prosecutions 3(1)
disciplinary action 3(1)
disciplinary offence 3(1)
disclose 3(1)
examination 3(1)
exceptional powers 45
exceptional powers finding 45, 46(2)
formal authority 119, 121(2)(a)
formal variation of an authority 124(3)(a)
former judge Sch. 2 cl. 4(6)
fortification 67(1)
heavily fortified 67(1)
holder of a judicial office 27(6)
independent agency 3(1)
inquiry 3(1)
integrity testing programme 119, 123(1)
interested person 67(1)
investigation 3(1), 45
issuing agency 102
juvenile 81(2)
lawyer 3(1)
legal experience 190(1)
legal practitioner 3(1)
medical practitioner 54(1)
misconduct 3(1)
misconduct function 18(1)
misconduct matter 42(1)
nominating committee 3(1)
notation 167(1)
notice or summons 167(1)
notifying authority 3(1)
officer 102
officer of the Commission 3(1)
officer of the Parliamentary Inspector 3(1)
officer participant 119
officers 196(1)
official 219(1)
official information 152(1), 208(1)
official matter 99(1), 167(1)
organised crime 3(1)
organised crime examination 3(1)
organised crime summons 3(1)
owner 67(1)
Parliamentary Commissioner 3(1)
Parliamentary Inspector 3(1)
participant 119
perform 3(1)
Police Royal Commission 3(1)
presiding officer 27A(4)
prevention and education function 17(1)
principal officer of a notifying authority 3(1)
Privileges Committee 27B(1)(a)
produce 152(1), 153(1), 208(1), 209(1)
public authority 3(1)
public officer 3(1)
public service officer 3(1)
reasonable excuse 157
received matter 3(1)
record 3(1), 19(1)
register 102

registered nurse 54(1)
Registrar 102
related controlled activity 132(1)
relevant material 101(1)
relevant person 152(1), 208(1)
restricted matter 151(1), 167(1)
reviewable police action 3(1)
Schedule 1 offence 3(1)
section 5 offence 3(1)
serious misconduct 3(1)
Standing Committee 3(1)
State Records Commission 3(1)
subcontractor 3(1)
submission 67(1)
submission period 67(1), 69(2)(b)
urgent authority 119, 121(2)(b)
urgent variation of an authority 124(3)(b)
warrant 101(1)
witness 3(1)