Document ID: chunk:federal_register_of_legislation:C2013A00004:clause:2_9
Version: federal_register_of_legislation:C2013A00004
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 56140–57381

9  Investigation in progress by Secretary into alleged breach of Code of Conduct
(1) This item applies if, before the commencement time:
 (a) a Secretary had begun an investigation to determine whether a Parliamentary Service employee in the relevant Department had breached the Code of Conduct, but no finding had been made; or
 (b) a Secretary had decided to begin an investigation to determine whether a Parliamentary Service employee in the relevant Department had breached the Code of Conduct, but had not begun the investigation.
(2) Subject to subitem (3), the old Parliamentary Service Act (and the determinations, procedures and other conduct requirements in force for the purposes of that Act) continue to apply at and after the commencement time in relation to the investigation and determination.
(3) If the Parliamentary Service employee is found to have breached the Code of Conduct, the Secretary must determine the sanction (if any) to be imposed on the Parliamentary Service employee in accordance with the procedures established under paragraph 15(3)(b) of the new Parliamentary Service Act. For that purpose, a reference to the Code of Conduct in those procedures is to be read as a reference to the old Code of Conduct.