Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p24
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 24/27)
Character Range: 58942–62093

Commissioner shall, unless the identity of the complainant is unknown, as soon as practicable notify the complainant, in writing, that the member has been so charged, or has accepted the caution or admonition, and give to the complainant any comments the Commissioner wishes to make in relation to the charge, or the acceptance of the caution or admonition, as the case requires.".

Paragraph 24 (1) (c):
       Omit "or cautioned", substitute "or offered a caution or admonition".

Subsection 26 (3):
       Omit "or cautioned", substitute "or offered a caution or admonition".

Paragraphs 36 (1) (c) and (2) (c):
       Omit "or cautioned", substitute "or offered a caution or admonition".

Subsections 36 (3) and (3a):
       Omit "or cautioned", substitute "or offered a caution or admonition".

Subsection 49 (4):
       Omit "or cautioned", substitute "or offered a caution or admonition".

SCHEDULE 1—continued

Paragraph 52 (2) (b):
Omit "or cautioned", substitute "or offered a caution or admonition".

After section 66a:
Insert the following section:

Proceedings for charge where admonition not accepted

"66b. Where:

(a) a member is offered an admonition for a breach of discipline; and

(b) the member does not accept the admonition;

the Commissioner shall institute proceedings against the member in respect of the breach of discipline.".

Subsection 67 (1):

Insert "or admonition" after "caution".

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                         SCHEDULE 2  Section 56

CONSEQUENTIAL AMENDMENTS OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

Subsection 5 (1) (definition of "certifying officer"):

(a) Omit "or" (last occurring) from paragraph (c).

(b) Add at the end the following word and paragraph:

         "or (e) in the case of the Independent Commission Against Corruption—the Commissioner or an Assistant Commissioner of the Independent Commission Against Corruption;".

Subsection 5 (1) (definition of "chief officer"):

(a) Omit "or" from paragraph (c).

(b) Add at the end the following word and paragraph:

         "or (e) in the case of the Independent Commission Against Corruption—the Commissioner of the Independent Commission Against Corruption;".

Subsection 5 (1) (definition of "officer"):

(a) Omit "or" from paragraph (c).

(b) Add at the end the following word and paragraph:

          "or (e) in the case of the Independent Commission Against Corruption—an officer of the Independent Commission Against Corruption, being a person who is an officer as

SCHEDULE 2—continued

              defined by the Independent Commission Against Corruption Act;".

Subsection 5 (1) (definition of "prescribed investigation"):

Add at the end the following word and paragraph:

      "or (c) in the case of the Independent Commission Against Corruption— means an investigation that the Independent Commission Against Corruption is conducting in the performance of its functions under the Independent Commission Against Corruption Act;".

Subsection 5 (1) (definition of "relevant offence"):

(a) Omit "or" from paragraph (c).

(b) Add at the end the following word and paragraph:

         "or (e) in the case of the