Supplementary Submission: Inquiry into the National Anti-Corruption Legislation
The Law Council of Australia appreciates the opportunity to have appeared before the Joint Select Committee on National Anti-Corruption Commission Legislation (Committee) on 20 October 2022 in relation to its inquiry into the National Anti-Corruption Legislation.
Investigations into past conduct
In the course of the Law Council’s appearance, the Law Council was asked to consider how the National Anti-Corruption Commission Bill 2022 (Cth) (Bill) could better address investigations by the proposed National Anti-Corruption Commission (NACC) into past conduct, including any limitations that might reasonably be imposed.1
Under the Bill as presently drafted, the definition of ‘corrupt conduct’ includes conduct that occurred prior to the establishment of the NACC.2 Where the Commissioner conducts an investigation into past serious or systemic corrupt conduct, and forms a view that the conduct could have constituted a criminal offence at the time it was committed, the Commissioner may refer that conduct and supporting evidence to the Commonwealth Director of Public Prosecutions.