Western Australian Consolidated Acts

CORRUPTION AND CRIME COMMISSION ACT 2003 - SECT 27B

27B .         Dealing with referrals under s. 27A(1)

        (1)         The presiding officer, on receipt of a referral made under section 27A(1), must —

            (a)         where the allegation is made under section 27A(1)(a), require a committee of the House whose functions include considering matters relating to the practice, procedure and privileges of the House (the Privileges Committee ), to inquire into the matter;

            (b)         where the allegation is made under section 27A(1)(b), require the Commission to conduct an inquiry.

        (2)         If the Privileges Committee resolves to carry out its own inquiry, it must do so by directing the Commission to act on its behalf.

        (3)         For the purposes of an inquiry under this section, the Commission —

            (a)         has the powers, privileges, rights and immunities of a committee under the Parliamentary Privileges Act 1891 ;

            (b)         is to refer a matter, including an objection made under section 7 of the Parliamentary Privileges Act 1891 , to the presiding officer for decision in a case where a committee is required to obtain a decision of the House;

            (c)         may order without summons a member or officer of either House to appear and give evidence or produce documents;

            (d)         may be assisted by parliamentary and Commission officers;

            (e)         cannot delegate the performance of a function that cannot be delegated by a committee of a House;

            (f)         is to report to the presiding officer and the Privileges Committee when so requested or at predetermined intervals or both.

        (4)         The Commission is to act in conformity with the Parliamentary Privileges Act 1891 .

        (5)         An inquiry cannot be discontinued by direction of the presiding officer or the Privileges Committee unless the Commission consents.

        (6)         A recommendation under section 43(1) is to be contained in a report (whether interim or final) to the presiding officer and the Privileges Committee and, either in substitution for, or in addition to the recommendations that may be made under that subsection, may recommend that a member be expelled or an officer be removed under section 35 of the Constitution Act 1889 .

        (7)         The presiding officer must present to the House a report provided under subsection (6), in the form in which it was received, on the sitting day next following its receipt.

        (8)         The Commission must not make a recommendation to an independent agency under section 43(4) unless expressly authorised by resolution of the House.

        [Section 27B inserted by No. 78 of 2003 s. 17; amended by No. 8 of 2009 s. 41(3).]

        [Heading inserted by No. 78 of 2003 s. 17.]