Victorian Numbered Acts

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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 (NO. 66 OF 2011) - SECT 15

Veto of proposed Commissioner

    (1)     Subject to subsection (4), the Minister must not make a recommendation under section 14 unless—

        (a)     the Minister has submitted details of the proposed recommendation to the IBAC Committee; and

        (b)     either—

              (i)     within the time specified in subsection (2) the IBAC Committee has informed the Minister that it has decided not to veto the recommendation; or

              (ii)     the time specified in subsection (2) has elapsed and the IBAC Committee has not vetoed the recommendation.

    (2)     The IBAC Committee must make a decision under this section within 30 days after the Minister has submitted details of the proposed recommendation to the IBAC Committee.

    (3)     The IBAC Committee

        (a)     may decide to veto or not to veto the proposed recommendation;

        (b)     must notify the Minister in writing of its decision within the period specified in subsection (2).

    (4)     Subsections (1) to (3) do not apply to the appointment of the first Commissioner under this Act and the Minister may make the recommendation for the appointment of the first Commissioner after the Premier has consulted in relation to the proposed recommendation with the member of the Legislative Assembly who is for the time being the Leader of Her Majesty's Opposition.



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