Victorian Numbered Acts

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INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (A STRONGER SYSTEM) ACT 2016 (NO. 30 OF 2016) - SECT 13

Amendment of section 41—Disclosure or provision of information by the IBAC

    (1)     In section 41(1)(d) of the Independent Broad-based Anti-corruption Commission Act 2011 , after "officer" insert "or any other appropriate senior officer".

    (2)     After section 41(4) of the Independent Broad-based Anti-corruption Commission Act 2011 insert

    "(4A)     Subject to subsections (2) and (4), if—

        (a)     a House of the Parliament has by resolution referred a report made by the IBAC to a Parliamentary Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and

        (b)     the Parliamentary Committee requests the IBAC to provide or disclose any information acquired by reason of, or in the course of, preparing the report which the Parliamentary Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament—

the IBAC may at its discretion comply with the request.

    (4B)     The IBAC must not provide or disclose information under subsection (4A) that is likely to lead to the identification of a person who has made an assessable disclosure.".

    (3)     In section 41(5) of the Independent Broad-based Anti-corruption Commission Act 2011

        (a)     in the definition of "Royal Commission", for "Crown." substitute "Crown;";

        (b)     insert the following definition—

""senior officer" means a person who holds a position or is a member of a class of positions that is prescribed for the purposes of this section;".



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