Page:National Anti-Corruption Commission Act 2022.pdf/31

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Conduct amounting to conspiracy or attempt

(10) Conduct comprising conspiracy or an attempt to commit or engage in conduct covered by subsection (1) is itself corrupt conduct.

Conducting parliamentary business using public resources

(11) To avoid doubt, the use by a parliamentarian, or a staff member of a Commonwealth agency, of public resources to conduct parliamentary business in accordance with the following does not constitute corrupt conduct:

(a) the Parliamentary Business Resources Act 2017;
(b) the Members of Parliament (Staff) Act 1984.

(12) Terms used in subsection (11) that are defined in the Parliamentary Business Resources Act 2017 have the same meaning in that subsection as they do in that Act.

Political activities

(13) To avoid doubt, conduct engaged in as part of a political activity does not constitute corrupt conduct if the conduct does not involve or affect either of the following:

(a) the exercise of a power, or the performance of a function or duty, by a public official;
(b) the use of public resources (within the meaning of the PGPA Act).

9 Meaning of corruption issue

(1) A corruption issue is an issue of whether a person: (a) has engaged in corrupt conduct; or (b) is engaging in corrupt conduct; or (c) will engage in corrupt conduct.

(2) A NACC corruption issue is not a corruption issue.

Note: See section 201 for the definition of a NACC corruption issue.