National Anti-Corruption Commission (Consequential and Transitional Provisions) Rules 2023 (Cth)

National Anti‑Corruption Commission (Consequential and Transitional Provisions) Rules 2023 I, Mark Dreyfus KC, Attorney‑General, make the following rules.

Dated 19 June 2023

Mark Dreyfus KC Attorney‑General

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions 5 Functions and powers under old Act 6 Regulations under old Act Part 2—Existing investigations and inquiries 7 Notice of making of transition determinations 8 Passing on information relevant to agency investigation 9 Actions after completion of investigations of corruption issues Part 3—Facilitating investigations and inquiries 10 Notices to give information or produce documents or things 11 Summonses 12 Directions in relation to confidentiality 13 Disclosure of hearing material and derivative material Part 4—Requirements or permissions etc. under other Acts Division 1—Crimes Act 1914 14 Cancellation of controlled operation authorities 15 Reports to Minister and Ombudsman in relation to controlled operations 16 Documents connected with controlled operations 17 General register for controlled operations 18 Cancellation of integrity testing authorities 19 Annual report to Law Enforcement Minister for integrity testing operations 20 Cancellation of assumed identity authorities 21 Annual report to Minister about authorities for assumed identities 22 Record keeping for assumed identities 23 Annual report to Minister about witness identity protection certificates Division 2—Proceeds of Crime Act 2002 24 Responsible custodian 25 Authorised officers Division 3—Surveillance Devices Act 2004 26 Reports to Minister on warrants and authorisations 27 Notification to Ombudsman in relation to warrants 28 Annual report to Minister about warrants 29 Deferral of inclusion of information in annual report 30 Keeping documents connected with warrants and authorisations 31 Keeping other records 32 Register of warrants and authorisations 33 Evidentiary certificates Division 4—Telecommunications (Interception and Access) Act 1979 34 Notifications to Ombudsman in relation to Part 5.3 warrants 35 Evidentiary certificates 36 Dealing with intercepted information 37 Keeping documents connected with issue of warrants 38 Keeping other records in connection with interceptions 39 Reports to Minister regarding telecommunications service warrants 40 Reports to Minister regarding named person warrants 41 Annual report by Minister about Part 2‑5 warrants 42 Deferral of inclusion of information in Ministerial report—interceptions 43 Annual report to Minister about destruction of records 44 Keeping records relating to stored communications 45 Annual report by Minister about stored communications warrants 46 Retention of authorisations for access to information 47 Annual report to Minister about authorisations for access to information 48 Keeping records relating to authorisations for access to information 49 Notifications to Ombudsman in relation to international production orders 50 Annual report to Minister about international production orders 51 Deferral of inclusion of information in Ministerial report—international production orders 52 Keeping documents associated with international production orders 53 Keeping other records associated with international production orders 54 Destruction of records relating to international production orders Part 5—ACLEI corruption issues 55 Inspector to give certain persons copy of NACC corruption issue transition notice 56 Providing information in relation to previous investigations of ACLEI corruption issues 57 Actions after completion of investigations of ACLEI corruption issues 58 Dealing with ACLEI corruption issues arising after transition time Part 6—Handling information 59 Dealing with evidence obtained in investigation or public inquiry 60 Attorney‑General's certificates about release of information 61 Confidentiality requirements under old Act Part 7—Reporting 62 Reports on investigations and public inquiries to be laid before each House of Parliament 63 Annual reports for financial year ended before transition time 64 Completion of special reports Part 8—Matters relating to other agencies 65 Records or disclosure of Immigration and Border Protection information 66 Secrecy under the Australian Crime Commission Act 2002 67 Secrecy under the Australian Federal Police Act 1979 68 Continuation of investigations of corruption issues under the Australian Federal Police Act 1979 69 Consultation on allocation of investigation of corruption issues under the Australian Federal Police Act 1979 70 Complaint to Ombudsman in respect of action taken by ACLEI etc. 71 Disclosure of ACLEI information by Ombudsman Part 9—Miscellaneous transitional provisions 72 Classes of decisions that are not decisions to which section 13 of the Administrative Decisions (Judicial Review) Act 1977 applies 73 Financial assistance in relation to applications for judicial review 74 Acts and practices for the purposes of the Privacy Act 1988 75 References to the Integrity Commissioner etc. in instruments