Minister of Justice Dorothy Lightbourne. - File
LEGISLATION TO repeal the 2001 Corruption (Prevention) Act and the 1973 Parliament (Integrity of Members) Act was tabled on Friday in the Senate by Attorney General and Minister of Justice, Senator Dorothy Lightbourne.
The proposed law, titled Corruption Prevention (Special Prosecutor) Act 2008, will establish the office of the special prosecutor for corruption.
The special prosecutor will be given the specific mandate to investigate and prosecute corrupt conduct of public officials, parliamentarians and private persons.
Statutory declaration
Following its establishment, the proposed office of the special prosecutor will be a commission of Parliament. It will receive statutory declaration, containing the value of assets, liabilities and income earned by parliamentarians, public officials and other persons.
The memorandum of objects and reasons of the bill say the existing regime to fight corruption is inadequate. It says there is the recognition that a coordinated national anti-corruption strategy is needed to effectively deal with the pervasive problem of corruption.
Under the proposed law, if a public official owns assets disproportionate to his lawful earnings, he may be asked by the special prosecutor's office to provide an explanation of how he acquired the assets. If he fails to do so or gives an explanation deemed to be unsatisfactory, he shall be liable to prosecution for the offence of illicit enrichment.
According to Section 18 of the proposed law, a person who commits the offence of illicit enrichment shall be liable to a fine not exceeding $1 million or a term not exceeding two years or to both fine and imprisonment.
If a person is convicted in a Circuit Court, a term of imprisonment of not more than five years could be imposed.
The governor general, after consultation with the prime minister and opposition leader, shall appoint a special prosecutor.
No current or former politician, senator or person declared bankrupt shall be qualified for the post of special prosecutor.
