Section 4Part 2 — Administration
Powers, duties and functions of the Commission under this Act
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In carrying out its responsibilities under this Act the Commission shall —
receive and consider any report of the alleged or suspected commission of a corruption offence and, subject to this Act, investigate such report where the Commission has reason to suspect —
the commission of an offence under this Act;
an attempt to commit an offence under this Act; or
any conspiracy to commit an offence under this Act;
receive and (as permitted) request, analyse and disseminate disclosures of any information —
concerning corruption offences under this Act or suspected offences; or
required by any law in order to counter corruption;
detect and investigate —
any suspected offence under this Act;
any suspected attempt to commit an offence under this Act; and
any suspected conspiracy to commit any offence under this Act; and
do anything else that it is required or authorised to do under this Act or any other law or which is necessary to do for achieving the purpose of this Act.
Without limiting the foregoing and notwithstanding any other Law to the contrary, the Commission —
shall receive all disclosures of information (including information from any overseas anti-corruption authorities) which —
concern any corruption offences;
are relevant to its responsibilities as an anti-corruption authority;
may, subject to subsection (3) —
where information is disclosed to it under this Act; or
upon receipt of a request from an overseas anti-corruption authority,
order any person to refrain from dealing with a person's bank account or other property for a period not exceeding twenty-one days if it is satisfied that there is reasonable cause to believe that the information or the request, as the case may be, relates to proceeds or the suspected proceeds of a corruption offence;
may, in writing, require the provision by any person of information (excluding information coming to a professional legal adviser in privileged circumstances) for the purpose of clarifying or amplifying information disclosed to it under this Act;
shall retain a record for a minimum of five years of —
all information received or disseminated by it; and
any agreement entered into under paragraph (e);
may, with the consent of the Attorney General, enter into any agreement or arrangement, in writing, with an overseas anti-corruption authority which it considers necessary or desirable for the discharge or performance of its responsibilities and functions;
may enter into any agreement or arrangement, in writing, with any local law enforcement authority or local body, where it considers it necessary or desirable to do so for the discharge or performance of its powers, duties and functions;
shall collect, compile and annually publish, in such manner as it shall determine, statistical information relating to —
disclosures made to it concerning proceeds or suspected proceeds of corruption offences;
any onward disclosures of such financial information by it; and
shall have, exercise and perform such other responsibilities, powers, functions and duties as may be assigned to it by this or any other Law.
The power conferred by subsection (2)(b) is not exercisable unless the Grand Court, upon application by the Commission, makes an order under this subsection permitting the exercise of that power.
Any person who, without reasonable excuse, fails or refuses to provide such information as is required by subsection (2)(c) commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of two years or to both.
An aggrieved person may, upon notice to the Director of Public Prosecutions, apply to a judge in chambers to discharge an order made by the Grand Court under subsection (3), but such order shall remain in full force and effect until —
the judge in chambers determines otherwise; or
the expiration of the period during which a person is required, by an order made under subsection (2)(b), to refrain from dealing with another person's bank account or property,
whichever is sooner.
For the purposes of subsection (2)(c), any information comes to a professional legal adviser in privileged circumstances if it is communicated or given to the professional legal adviser —
by, or by a representative of, a client of that professional legal adviser in connection with the giving by the adviser of legal advice to the client;
by, or by a representative of, a person seeking legal advice from the adviser; or
by any person —
in contemplation of, or in connection with, legal proceedings; and
for the purpose of those proceedings.
If, upon completion of an investigation by the Commission, it appears to the Commission that a person has committed a corruption offence or any other offence discovered during the investigation, it shall refer the matter and all relevant information and evidence to the Director of Public Prosecutions who shall deal with the matter as that person sees fit.
Statistical information published pursuant to subsection (2)(f) shall, without charge, be made available by the Commission for inspection at such place as the Commission may determine.