Law Enforcement Integrity Commissioner Regulations 2017

Part 1—Preliminary

1 Name

This instrument is the Law Enforcement Integrity Commissioner Regulations 2017.

3 Authority

This instrument is made under the Law Enforcement Integrity Commissioner Act 2006.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) ACLEI corruption issue;

(b) corrupt conduct;

(d) law enforcement agency;

(e) special investigator.

In this instrument:

ACLEI investigator means a special investigator or the Integrity Commissioner.

Act means the Law Enforcement Integrity Commissioner Act 2006.

Integrated Cargo System means the system of that name administered by the Immigration and Border Protection Department.

Office of the Special Investigator means the Office of the Special Investigator, established as an Executive Agency under section 65 of the Public Service Act 1999.

relevant corruption issue: see subsection 18(4).

Part 2—Provisions relating to definitions in the Act

5A Heads of prescribed law enforcement agencies

(1) For the purposes of paragraph (c) of the definition of head in subsection 5(1) of the Act, the person holding the office mentioned in column 2 of an item of the following table is the head of the Commonwealth government agency mentioned in column 1 of the item.

Heads of prescribed law enforcement agencies
Item	Column 1 Commonwealth government agency	Column 2 Office
1	Australian Competition and Consumer Commission	The Chairperson appointed under section 7 of the Competition and Consumer Act 2010
2	Australian Prudential Regulation Authority	The Chair of APRA appointed under section 18 of the Australian Prudential Regulation Authority Act 1998
3	Australian Securities and Investments Commission	The Chairperson of ASIC appointed under section 10 of the Australian Securities and Investments Commission Act 2001
4	Australian Taxation Office	The Commissioner of Taxation mentioned in section 4 of the Taxation Administration Act 1953
5	Office of the Special Investigator	The Director‑General of the Office of the Special Investigator

Note: The Commonwealth government agencies mentioned in column 1 of this table are prescribed for the purposes of paragraph (d) of the definition of law enforcement agency in subsection 5(1) of the Act (see section 6A of this instrument).

(2) This section is repealed at the start of 1 October 2024.

6 Integrity agencies for States and Territories

For the purposes of the definition of integrity agency in subsection 5(1) of the Act, an agency mentioned in an item of the following table is prescribed as an integrity agency for the State or Territory mentioned in the item.

Integrity agencies
Item	State or Territory	Agency
1	New South Wales	the Law Enforcement Conduct Commission constituted by the Law Enforcement Conduct Commission Act 2016 (NSW)
2	Victoria	the Independent Broad‑based Anti‑corruption Commission established by the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic)
3	Queensland	the Crime and Corruption Commission established under the Crime and Corruption Act 2001 (Qld)
4	Western Australia	the Corruption and Crime Commission established by the Corruption, Crime and Misconduct Act 2003 (WA)
5	South Australia	each of the following: (a) the agency made up of the Police Ombudsman appointed under the Police (Complaints and Disciplinary Proceedings) Act 1985 (SA) and the members of the staff of the Ombudsman; (b) the agency made up of the Independent Commissioner Against Corruption appointed under the Independent Commissioner Against Corruption Act 2012 (SA) and the members of the staff of the Commissioner
6	Tasmania	each of the following: (a) the agency made up of the Ombudsman appointed under the Ombudsman Act 1978 (Tas.) and the members of the staff of the Ombudsman; (b) the Integrity Commission established by the Integrity Commission Act 2009 (Tas.)
7	Northern Territory	the agency made up of the Ombudsman appointed under the Ombudsman Act (NT) and the officers of the Ombudsman’s Office

6A Law enforcement agencies

(1) For the purposes of paragraph (d) of the definition of law enforcement agency in subsection 5(1) of the Act, each of the following Commonwealth government agencies is prescribed:

(a) the Australian Competition and Consumer Commission;

(b) the Australian Prudential Regulation Authority;

(d) the Australian Taxation Office;

(e) the Office of the Special Investigator.

(2) This section is repealed at the start of 1 October 2024.

7 Staff members of the Agriculture Department

For the purposes of subsection 10(2E) of the Act, the following classes of persons are prescribed:

(a) persons who hold, or are acting in, the position of Regional Manager of the Agriculture Department;

(b) members of staff of the Agriculture Department whose duties include undertaking assessment, clearance or control of vessels or cargo imported into Australia;

7A Staff members and secondees of prescribed law enforcement agencies

(1) For the purposes of subsection 10(4) of the Act, a person in the class of persons mentioned in column 2 of an item of the table in subsection (3) of this section is a staff member of the Commonwealth government agency mentioned in column 1 of the item.

(2) For the purposes of paragraph 10(5)(d) of the Act, a person mentioned in column 3 of an item of the table in subsection (3) of this section is a secondee of the Commonwealth government agency mentioned in column 1 of the item.

(3) The following table has effect for the purposes of subsections (1) and (2).

Staff members and secondees of prescribed law enforcement agencies
Item	Column 1 Commonwealth government agency	Column 2 Class of persons who are staff members	Column 3 Persons who are secondees
1	Australian Competition and Consumer Commission	Persons who are any of the following: (a) the Chairperson, or another member of the Commission, appointed under section 7 of the Competition and Consumer Act 2010; (b) an associate member of the Commission appointed under section 8A of that Act; (c) a Deputy Chairperson of the Commission appointed under section 10 of that Act; (d) a person referred to in subsection 27(1) of that Act; (e) a person engaged under section 27A of that Act; (f) an officer or employee of some other body or organisation (whether located within or outside Australia) whose services are made available, by or on behalf of the other body or organisation, to the Commission in connection with the performance or exercise of any of the Commission’s functions or powers	A person referred to in paragraph (f) of column 2 of this item
2	Australian Prudential Regulation Authority	Persons who are any of the following: (a) an APRA member within the meaning of the Australian Prudential Regulation Authority Act 1998; (b) an APRA staff member within the meaning of that Act; (c) an officer or employee (other than an officer or employee covered by paragraph (b)) of some other body or organisation (whether located within or outside Australia) whose services are made available, by or on behalf of the other body or organisation, to the Australian Prudential Regulation Authority in connection with the performance or exercise of any of the Authority’s functions or powers	Persons who are any of the following: (a) a person referred to in section 46 of the Australian Prudential Regulation Authority Act 1998 whose services are made available to the Australian Prudential Regulation Authority; (b) a person referred to in paragraph (c) of column 2 of this item
3	Australian Securities and Investments Commission	Persons who are any of the following: (a) the Chairperson, or a Deputy Chairperson, of ASIC appointed under section 10 of the Australian Securities and Investments Commission Act 2001; (b) a member of ASIC appointed under section 9 of that Act; (c) a staff member within the meaning of that Act; (d) an officer or employee (other than an officer or employee covered by paragraph (c)) of some other body or organisation (whether located within or outside Australia) whose services are made available, by or on behalf of the other body or organisation, to the Australian Securities and Investments Commission in connection with the performance or exercise of any of the Commission’s functions or powers	Persons who are any of the following: (a) a person referred to in section 122 of the Australian Securities and Investments Commission Act 2001 whose services are made available to the Australian Securities and Investments Commission; (b) a person referred to in paragraph (d) of column 2 of this item
4	Australian Taxation Office	Persons who are any of the following: (a) the Commissioner of Taxation, or a Second Commissioner of Taxation, mentioned in section 4 of the Taxation Administration Act 1953; (b) a member of the staff mentioned in subsection 4A(1) of that Act; (c) an individual who is an entity referred to in section 355‑15 in Schedule 1 to that Act; (d) an officer or employee of some other body or organisation (whether located within or outside Australia) whose services are made available, by or on behalf of the other body or organisation, to the Commissioner of Taxation in connection with the performance or exercise of any of the Commissioner’s functions or powers	A person referred to in paragraph (d) of column 2 of this item
5	Office of the Special Investigator	Persons who are any of the following: (a) the Director‑General of the Office of the Special Investigator; (b) the Special Investigator for the Office of the Special Investigator; (c) the Director of Investigations for the Office of the Special Investigator; (d) persons engaged under the Public Service Act 1999 to assist in the performance of the Office of the Special Investigator’s functions; (e) persons seconded to the Office of the Special Investigator under section 40F of the Australian Federal Police Act 1979; (f) persons whose services are made available to the Office of the Special Investigator, by or on behalf of the following (whether located within or outside Australia): (i) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); (ii) a government agency (within the meaning of the Law Enforcement Integrity Commissioner Act 2006); other than the AFP, to assist in the performance of the Office of the Special Investigator’s functions; (g) persons engaged as consultants or contractors to assist in the performance of the Office of the Special Investigator’s functions.	A person referred to in paragraph (e) or (f) of column 2 of this item

(4) This section is repealed at the start of 1 October 2024.

Part 3—Integrity Commissioner’s powers in conducting investigations and public inquiries

8 Allowances for travelling and other expenses to be paid to witnesses

Allowances

(1) For the purposes of subsection 83(6) of the Act, the allowances mentioned in an item of the following table are prescribed in relation to the witness mentioned in the item.

Allowances for travelling and other expenses
Item	Witness	Allowance
1	A person summoned to appear as a witness at a hearing because of the person’s professional, scientific or other special skill or knowledge	For each day on which the person attends as a witness, the daily rate specified by the Royal Commissions Regulations 2001 for expenses of a witness who possesses that skill or knowledge
2	A person summoned to appear as a witness at a hearing for any other reason	The following: (a) if the person is paid in his or her occupation by wages, salary or fees—an amount that is equal to the amount of wages, salary or fees not paid to the person because of the person’s attendance as a witness; (b) in any other case—for each day on which the person attends as a witness, the daily rate specified by the Royal Commissions Regulations 2001 for expenses of a witness called for a reason other than that mentioned in item 1
3	A person summoned to appear as a witness at a hearing	In addition to item 1 or 2, the amount that the person mentioned in paragraph (2)(a) decides is reasonable for: (a) the cost of transport to the location of the hearing; and (b) meals and accommodation

Decision made under item 3 of the table in subsection (1)

(2) For the purposes of item 3 of the table in subsection (1):

(a) the person (the decision‑maker) is a staff member of ACLEI who is an SES employee or acting SES employee; and

(b) the decision‑maker must take into account the following matters when deciding the amount that is reasonable in relation to the witness (the affected witness):

(i) the distance travelled by the affected witness specifically to appear at the hearing;

(ii) whether the affected witness had to be absent overnight from the affected witness’s usual place of residence specifically to appear at the hearing;

(iii) the amount paid to the affected witness under item 1 or 2 of the table in subsection (1);

(iv) any other matter the decision‑maker considers relevant.

(3) As soon as practicable after making a decision (the initial decision) under item 3 of the table in subsection (1), the decision‑maker must notify the affected witness, in writing, of:

(a) the initial decision; and

(b) the reasons for the initial decision; and

Internal review of initial decision

(4) The affected witness may request the Integrity Commissioner, in writing, to review the initial decision.

(5) The request must:

(a) be made within 14 days after the day on which the affected witness is notified of the initial decision, or within a longer period (if any) allowed by the Integrity Commissioner (whether before or after the end of that 14 day period); and

(b) set out the reasons for making the request.

(6) The Integrity Commissioner must review the initial decision:

(a) personally; and

(b) as soon as practicable after receiving the request.

(7) The Integrity Commissioner may:

(a) affirm, vary or revoke the initial decision; and

(b) if the initial decision is revoked, make such other decision as the Integrity Commissioner thinks appropriate.

(8) The Integrity Commissioner must notify the affected witness, in writing, within 30 days after receiving the request, of:

(a) the decision under subsection (7); and

(b) the reasons for that decision.

9 Form of identity card for authorised officers

For the purposes of paragraph 141(2)(a) of the Act, the form set out in Schedule 1 is prescribed as the form for an identify card for an authorised officer.

Part 4—Annual reports

10 Prescribed particulars for annual report

For the purposes of paragraph 201(a) of the Act, this Part prescribes the particulars to be included in an annual report for a period.

11 Corruption issues notified to Integrity Commissioner

(1) For corruption issues notified to the Integrity Commissioner as described in subparagraph 201(a)(i) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was notified:

(a) the number of corruption issues of that kind;

(b) a description of the kinds of corrupt conduct to which the corruption issues relate;

(d) the number of the corruption issues in relation to which the Integrity Commissioner decided to take no further action;

(e) the Integrity Commissioner’s reasons for deciding to take no further action for each corruption issue mentioned in paragraph (d);

(f) the number of the corruption issues for which the law enforcement agency conducted an investigation that is being, or was, managed by the Integrity Commissioner;

(g) the number of the corruption issues for which the law enforcement agency conducted an investigation that is being, or was, overseen by the Integrity Commissioner.

(2) For the purposes of paragraph (1)(c), if a corruption issue relates to more than one kind of corrupt conduct, the corruption issue need only be counted in relation to one of those kinds of corrupt conduct.

12 Corruption issues raised by allegations or information referred to Integrity Commissioner

(1) For corruption issues raised by allegations or information referred to the Integrity Commissioner as described in subparagraph 201(a)(ii) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was raised:

(a) the number of corruption issues of that kind;

(b) a description of the kinds of corrupt conduct to which the corruption issues relate;

(d) the number of the corruption issues in relation to which the Integrity Commissioner decided to take no further action;

(e) the Integrity Commissioner’s reasons for deciding to take no further action for each corruption issue mentioned in paragraph (d).

13 Corruption issues dealt with by Integrity Commissioner on own initiative

(1) For corruption issues dealt with by the Integrity Commissioner on his or her own initiative as described in subparagraph 201(a)(iii) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was dealt with:

(a) the number of corruption issues of that kind;

(b) a description of the kinds of corrupt conduct to which the corruption issues relate;

14 Corruption issues investigated by Integrity Commissioner

(1) For corruption issues investigated by the Integrity Commissioner as described in subparagraph 201(a)(iv) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was investigated:

(a) the number of corruption issues of that kind;

(b) a description of the kinds of corrupt conduct to which the corruption issues relate;

(d) the number of the corruption issues for which investigations by the Integrity Commissioner were completed;

(e) for the investigations that were completed—a summary of the outcomes of the investigations, including the following:

(i) any recommendations made by the Integrity Commissioner;

(ii) any action taken as a result of the investigations;

(iii) if any disciplinary proceedings, criminal proceedings or civil penalty proceedings resulting from the investigations were commenced—the outcomes of the proceedings.

15 Corruption issues referred by Integrity Commissioner to government agency for investigation

(1) For corruption issues that the Integrity Commissioner referred to a government agency for investigation as described in subparagraph 201(a)(v) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was referred:

(a) the number of corruption issues of that kind;

(b) a description of the kinds of corrupt conduct to which the corruption issues relate;

(d) the number of the corruption issues for which a government agency conducted an investigation that is being, or was, managed by the Integrity Commissioner;

(e) the number of the corruption issues for which a government agency conducted an investigation that is being, or was, overseen by the Integrity Commissioner;

(f) the number of the corruption issues for which investigations by a government agency were completed.

Note: A government agency includes a law enforcement agency.

16 ACLEI corruption issues investigated

For ACLEI corruption issues investigated as described in subparagraph 201(a)(vi) of the Act, the particulars are the following for each ACLEI corruption issue of that kind for which an investigation was completed by an ACLEI investigator:

(a) a description of the kinds of corrupt conduct to which the ACLEI corruption issue relates;

(b) a summary of the outcome of the investigation, including the following:

(i) any recommendations made by the ACLEI investigator;

(ii) any action taken as a result of the investigation;

(iii) if any disciplinary proceedings, criminal proceedings or civil penalty proceedings resulting from the investigation were commenced—the outcome of the proceedings.

17 Certificates issued under section 149 of the Act

For certificates issued under section 149 of the Act as described in subparagraph 201(a)(vii) of the Act, the particulars are the following:

(a) the total number of certificates issued;

(b) for each certificate issued—a description of the ground or grounds mentioned in subsection 149(2) of the Act on which the certificate was issued;

(c) the number of certificates issued that, in the opinion of the Integrity Commissioner, prevented the effective investigation of a corruption issue.

Part 5—Giving information or reports

18 Requirement to give information or reports

Giving information or reports in specified circumstances

(1) For the purposes of subsection 224(2) of the Act, information or reports that are required to be given under a provision of the Act prescribed in subsection (2) are also to be given to the persons prescribed in subsection (3) if:

(a) the corruption issue to which the prescribed provision relates is a relevant corruption issue in relation to the Australian Capital Territory or an External Territory; and

(b) the Integrity Commissioner:

(i) is investigating the corruption issue to which the prescribed provision relates; or

(ii) is managing or overseeing the investigation by a law enforcement agency of the corruption issue to which the prescribed provision relates.

Prescribed provisions of the Act

(2) The following provisions of the Act are prescribed:

(a) section 33;

(b) subsection 35(4);

(d) subsection 39(4);

(e) subsection 40(6);

(f) subsection 52(1);

(g) paragraph 55(1)(a);

(h) subsection 65(1);

(i) paragraph 74(a), to the extent it relates to a corruption issue;

(j) subsection 144(6);

(k) subsection 145(6);

(l) subsection 147(2), to the extent it relates to a corruption issue.

Prescribed persons

(3) The following persons are prescribed:

(a) for information or reports relating to a relevant corruption issue in relation to the Australian Capital Territory—the Minister, within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, who is responsible for exercising the power of the Australian Capital Territory Executive in relation to police matters;

(b) for information or reports relating to a relevant corruption issue in relation to an External Territory—the Administrator of the External Territory.

Definitions

(4) A corruption issue is a relevant corruption issue in relation to the Australian Capital Territory or an External Territory if:

(a) the corruption issue relates to corrupt conduct of a person while the person was a staff member of the AFP whose duties included providing police services in relation to the Australian Capital Territory or an External Territory under section 8 of the Australian Federal Police Act 1979 (AFP Territory police services); or

(b) the corruption issue relates to corrupt conduct of a person while the person is a staff member of the AFP whose duties include AFP Territory police services; or

(i) is the conduct of a person who, at the time the corruption issue is being investigated, is a staff member of the AFP whose duties include AFP Territory police services; and

(ii) in the opinion of the Integrity Commissioner, affects, or is likely to affect, the person’s performance of the police service functions of the agency.

Part 6—Application and transitional matters

19 Application of section 8 (Allowances for witnesses)

Section 8 applies in relation to the attendance of a person as a witness at a hearing on or after the day that section commences, whether the hearing started before, on or after that day.

20 Application of Part 4 (Annual reports)

Part 4 applies in relation to an annual report that is required to be given on or after the day that Part commences.

21 Application of section 18 (Requirement to give information or reports)

Section 18 applies in relation to information or reports required to be given on or after the day that section commences.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Law Enforcement Integrity Commissioner Regulations 2017	24 Mar 2017 (F2017L00304)	Sch 2 (item 1): 1 July 2017 (s 2(1) item 2) Remainder: 25 Mar 2017 (s 2(1) items 1, 3)
Law Enforcement Integrity Commissioner Amendment (Law Enforcement Agencies) Regulations 2020	27 Nov 2020 (F2020L01506)	1 Jan 2021 (s 2(1) item 1)	—
Law Enforcement Integrity Commissioner Amendment (Office of the Special Investigator and Other Measures) Regulations 2021	13 Dec 2021 (F2021L01765)	14 Dec 2021 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2.....................	rep LA s 48D
s 4.....................	rep LA s 48C
s 5.....................	am F2021L01765
Part 2
s 5A....................	ad F2020L01506
	am F2021L01765
	rep 1 Oct 2024 (s 5A(2))
s 6.....................	am F2017L00304
s 6A....................	ad F2020L01506
	am F2021L01765
	rep 1 Oct 2024 (s 6A(2))
s 7A....................	ad F2020L01506
	am F2021L01765
	rep 1 Oct 2024 (s 7A(4))
Schedule 2................	rep LA s 48C

The person whose name, signature and photograph appear on this card is an authorised officer for the purposes of Part 9 of the Law Enforcement Integrity Commissioner Act 2006.	[photograph]
	Name:
[signature of Integrity Commissioner or delegate]	[signature of authorised officer]
[date]
[serial number of identity card]