24th Nov 2022, 10:45 AM – Representatives National Anti-Corruption Commission Bill 2022 - Consideration in Detail - Pork barrelling and corrupt conduct definition

The majority voted in favour of a motion to disagree with amendments (1) to (4) introduced by Indi MP Helen Haines (Independent), which means they failed.

Rebellion

Bass MP Bridget Archer (Liberal) crossed the floor to vote "No" against the rest of the Liberal party, who voted "Yes".

What did the amendment do?

Dr Haines explained that:

These amendments are really important. They put beyond doubt that pork-barrelling falls within the definition of 'corrupt conduct' when it meets the threshold of being serious or systemic. Pork-barrelling under this amendment will be defined as any conduct 'that involves the allocation of public funds and resources to targeted electors for partisan political purposes'.

[...]

These amendments also ensure that the conduct of any person—and, notably, third persons—that could impair public confidence in public administration can be investigated by the NACC, when it meets the threshold of being serious and systemic.

Read more about the bill in its bills digest.

Amendment text

(1) Clause 8, page 14 (after line 20), after paragraph (1)(d), insert:

(da) any conduct of a public official that involves the allocation of public funds or other resources to targeted electors for partisan political purposes;

(2) Clause 8, page 14 (after line 23), after subclause (1), insert:

(1A) Corrupt conduct is also any conduct of any person (whether or not a public official) that impairs, or that could impair, public confidence in public administration and which could involve any of the following matters:

(a) collusive tendering;

(b) fraud in relation to applications for licences, permits or other authorities under legislation designed to protect health and safety or the environment or designed to facilitate the management and commercial exploitation of resources;

(c) dishonestly obtaining or assisting in obtaining, or dishonestly benefiting from, the payment or application of public funds for private advantage or the disposition of public assets for private advantage;

(d) defrauding the public revenue;

(e) fraudulently obtaining or retaining employment or appointment as a public official.

(3) Clause 8, page 14 (line 24), omit "does not", substitute "and subsection (1A) do not".

(4) Clause 8, page 15 (line 15), after "paragraph (1)(a)", insert "or subsection (1A)".