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Solomon Islands Sessional Legislation |
SOLOMON ISLANDS
(NO. 2 OF 2018)
(NO. 2 OF 2018)
PASSED by the National Parliament this twenty-fifth day of July 2018.
(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true copy of the Bill)
Clezy Rore
Clerk to National Parliament
ASSENTED to in Her Majesty’s name and on Her Majesty’s behalf this twenty-second day of August 2018.
Sir Frank Utu Ofagioro Kabui
Governor-General
Date of Commencement: see section 2.
AN ACT TO COMBAT CORRUPTION, PROVIDE FOR THE ESTABLISHMENT AND OPERATION OF THE SOLOMON ISLANDS INDEPENDENT COMMISSION AGAINST CORRUPTION,
AND FOR RELATED PURPOSES.
ENACTED BY THE NATIONAL PARLIAMENT OF SOLOMON ISLANDS.
TABLE OF PROVISIONS
PART 1 PRELIMINARY MATTERS
1 Short title
2 Commencement
3 Interpretation
4 Act binds Crown
5 Objects of Act
6 Application of Act
PART 2 SOLOMON ISLANDS INDEPENDENT COMMISSION AGAINST CORRUPTION
Division 1 Establishment
7 Solomon Islands Independent Commission Against Corruption established
8 Functions and powers
9 Independence
10 Liaison with other bodies
Division 2 Composition and membership
11 Membership
12 Duration of appointment
13 Vacation of office
14 Oath of office
15 Remuneration and conditions of members
Division 3 Procedures of Commission
16 Procedures
17 Meetings
18 Quorum at meetings
19 Presiding member at meetings
20 Voting at meetings
21 Minutes of meetings
22 Disclosure of interests generally
23 Disclosure of interest in matter being considered
24 Effect of personal interest
Division 4 Staff and authorised officers of Commission
25 Director-General
26 Authorised officers
27 Staff members of the Commission
28 Oath of office
Division 5 Finance and administrative matters
29 Funds of the Commission
30 Annual report
PART 3 CORRUPTION PREVENTION
31 Corruption prevention – role of Government
32 Corruption prevention – role of Minister
33 Corruption prevention – role of Commission
34 Integrity officers
PART 4 INVESTIGATING AND PROSECUTING CORRUPTION
Division 1 Making and receiving corruption complaints
35 Making a corruption complaint
36 Further information
37 Register of complaints
Division 2 Initial action in response to corruption complaint
38 How complaint may be dealt with
39 Preliminary investigation of complaint
40 Summary dismissal of complaint
41 Report to Commission
Division 3 Corruption investigations
42 Decision to begin corruption investigation
43 Conduct of investigation
44 Request for information and documents
45 Statement of assets
46 Referral of matter during investigation
47 Report of investigation
48 Decision on conclusion of investigation
Division 4 Prosecuting corruption offences
49 Power of Commission to prosecute
50 Recommendation for restraining order application
Part 5 General offences
51 Misleading information or document
52 Impersonating an authorised officer
53 Obstructing or threatening an authorised officer
54 Confidentiality of information
PART 6 MISCELLANEOUS MATTERS
55 Protection from liability
56 Delegation
57 Regulations
PART 7 AMENDMENTS
Division 1 Amendment of Penal Code
58 Penal Code amended
59 Amendment of section 2
60 Amendment of section 4
61 New section 4A
62 Amendment of section 20
63 Amendment of section 43
64 Repeal and replacement of sections 91 to 94
65 Amendment of sections 101, 129 and 130
66 Amendment of section 273
67 Amendment of section 349
68 Repeal of section 375
Division 2 Consequential amendments
Subdivision 1 Amendment of Companies Act 2009
69 Sections 76 and 77 amended
Subdivision 2 Amendment of Telecommunications Act 2009
70 Section 11 amended
Schedule Oaths and affirmations
PART 1 PRELIMINARY MATTERS
This Act may be cited as the Anti-Corruption Act 2018.
This Act commences on the day appointed by the Minister by Gazette notice.
In this Act:
“associate”, of a person, means:
(a) a nominee, employee or agent of the person; or
(b) a firm of which the person, or a nominee of the person, is a partner or other executive officer; or
(c) a body corporate of which the person, or a nominee of the person, is a director or other executive officer; or
(d) a trustee of a trust:
(i) created by the person; or
(ii) in which the person has contributed assets;
“authorised officer” means:
(a) the Director-General; or
(b) a person appointed under section 26(1);
“chairperson” means the chairperson of the Commission appointed under section 11(1)(a);
“Commission” means the Solomon Islands Independent Commission Against Corruption established by section 7;
“Commission member” means a member of the Commission appointed under section 11(1);
“corruption” means conduct that constitutes a corruption offence;
“corruption complaint” means a complaint of corruption by a person;
“corruption investigation” means an investigation into a suspected corruption offence conducted under Part 4, Division 3;
“corruption offence” means an offence:
(a) under Part X of the Penal Code (Cap. 26); or
(b) an offence of bribery under another written law; or
(c) an offence prescribed to be a corruption offence by an Act;
“deputy chairperson” means the deputy chairperson of the Commission appointed under section 11(1)(b);
“Director-General” means the Director-General of the Commission appointed under section 25(1);
“financial institution” means a financial institution as defined in section 2 of the Central Bank of Solomon Islands Act 2012;
“integrity officer” means a person designated to be an integrity officer under section 34;
“Leadership Code Commission” means the Leadership Code Commission established by section 5 of the Leadership Code (Further Provisions) Act 1999;
“misconduct in office” means misconduct in office as defined in section 2 of the Leadership Code (Further Provisions) Act 1999;
“Provincial Assembly” means a Provincial Assembly established by section 7 of the Provincial Government Act 1997;
“Public Service Commission” means the Public Service Commission for Solomon Islands established by section 115 of the Constitution;
“relative”, of a person, means any of the following, whether by birth, adoption, custom or marriage:
(a) the person’s spouse, including a de facto spouse;
(b) the person’s brother or sister;
(c) the brother or sister of the person’s spouse;
(d) the person’s parent, grandparent, child, grandchild, uncle, aunt, cousin, nephew or niece;
“staff member”, of the Commission, means a staff member mentioned in section 27.
This Act binds the Crown.
The object of this Act is to combat corruption in Solomon Islands in all its forms by:
(a) establishing the Solomon Islands Independent Commission Against Corruption to prevent, investigate and prosecute corruption offences; and
(b) establishing a system for receiving and managing complaints about potential corruption engaged in by persons in the public or private sector; and
(c) introducing measures to prevent corruption, including raising public awareness about the effects and prevention of corruption.
(1) This Act does not apply in relation to conduct that occurred before this Act commenced.
(2) Without limiting subsection (1), the Commission’s powers under Part 4 do not apply in relation to conduct that occurred before this Act commenced.
PART 2 SOLOMON ISLANDS INDEPENDENT COMMISSION AGAINST CORRUPTION
Division 1 Establishment
(1) The Solomon Islands Independent Commission Against Corruption is established.
(2) The Commission is a body corporate with perpetual succession.
The Commission has the following powers and functions:
(a) to determine the appropriate action to take on conclusion of corruption investigations;
(b) to prosecute corruption offences with the consent of the Director of Public Prosecutions;
(c) to prevent corruption through its functions under Part 3;
(d) to direct the Director-General in the operation of the Commission;
(e) any other powers and functions conferred on it by this or any other Act.
Except as provided for in this or another Act, the Commission is not subject to the direction or control of the Minister or any other person in the exercise of its powers or the performance of its functions.
In the exercise of its powers and the performance of its functions, the Commission must liaise and cooperate with the following office holders and bodies as appropriate:
(a) the Ombudsman;
(b) the Leadership Code Commission;
(c) the Public Service Commission;
(d) the Auditor-General;
(e) the Police Force;
(f) the Director of Public Prosecutions;
(g) the Electoral Commission established by section 57 of the Constitution;
(h) the Political Parties Commission established by section 4 of the Political Parties Integrity Act 2014.
Division 2 Composition and membership
(1) The Commission consists of the following members appointed by the Governor-General by Gazette notice:
(a) a chairperson;
(b) a deputy chairperson;
(c) 4 other members.
(2) The deputy chairperson has all the powers and functions of the chairperson at any time the chairperson is unable to exercise those powers or perform those functions.
(3) The membership of the Commission must:
(a) include at least 2 persons of each gender; and
(b) include at least one person who is qualified or experienced in accounting or financial management; and
(c) represent a reasonable geographical spread of the provinces of Solomon Islands.
(4) The Governor-General must appoint each Commission member in accordance with the nomination made by a committee (the “nominating committee”) consisting of the following:
(a) the Chairman of the Law Reform Commission, who is chairperson of the nominating committee;
(b) a judge of the High Court nominated by the Chief Justice;
(c) the Chairman of the Public Service Commission;
(d) the President of the National Council of Women;
(e) the General Secretary of the Solomon Islands Christian Association.
(5) The nominating committee may only nominate a person to be a Commission member if the person meets the following eligibility criteria for membership:
(a) the nominating committee is satisfied that the person:
(i) is a person of high integrity and is capable of exercising diligence, sound judgment, confidentiality and impartiality in the performance of their functions; and
(ii) has knowledge and experience relevant to the prevention of corruption and a sound knowledge of the culture and values of Solomon Islands; and
(iii) has the physical and mental capacity to perform his or her functions as a member;
(b) the person is not any of the following:
(i) a member of Parliament or a Provincial Assembly;
(ii) a member of a local government council established under section 3 of the Local Government Act (Cap. 117) or the Honiara City Council established by section 4 of the Honiara City Act 1999;
(iii) a member of a political party registered under section 25 of the Political Parties Integrity Act 2014;
(iv) insolvent or an undischarged bankrupt;
(v) a person convicted:
(A) in Solomon Islands, of a corruption offence or any other offence carrying a potential penalty of a fine of at least $200 or at least 6 months imprisonment; or
(B) outside Solomon Islands, of an offence that would be a corruption offence or an offence carrying a potential penalty of a fine of at least $200 or at least 6 months imprisonment if committed in Solomon Islands;
(vi) a person the Leadership Code Commission has determined has engaged in misconduct in office in relation to conduct engaged in within the previous 5 years.
(6) In addition, the nominating committee may only nominate a person for appointment or re-appointment as chairperson of the Commission if the person is qualified at the time of the nomination for appointment as a judge of the High Court.
(1) A Commission member holds office for 5 years or the shorter period specified in the instrument of appointment.
(2) A person may be re-appointed to be a Commission member for a further single term of up to 5 years, served either consecutively or after a break in service.
(1) A person ceases to be a Commission member if:
(a) the person ceases to be eligible for membership under section 11(5)(b); or
(b) the person's appointment is terminated under subsection (2).
(2) The Governor-General may terminate the appointment of a Commission member by Gazette notice:
(a) on the ground of physical or mental inability to satisfactorily perform the duties of the office; or
(b) if the Governor-General is satisfied the member has failed to comply with section 22.
(3) The exercise of a power or the performance of a function by the Commission is not affected only by a vacancy in its membership.
Each Commission member must make the oath or affirmation specified in the Schedule, Part 1, before the Governor-General before performing functions or exercising powers under this Act.
The remuneration and other conditions of service of Commission members are as prescribed by regulation.
Division 3 Procedures of Commission
Subject to this Act, the Commission may determine its own procedures.
The chairperson may convene a meeting of the Commission at any time, but must convene a meeting at least once each month.
Subject to section 24(1)(b), the quorum for a meeting of the Commission is the member presiding at the meeting plus 2 other members.
A meeting of the Commission must be presided over by:
(a) the chairperson; or
(b) in the absence of the chairperson, the deputy chairperson; or
(c) in the absence of the chairperson and the deputy chairperson, another member elected by the members present.
(1) A decision at a meeting of the Commission must be determined by the majority vote of Commission members present and voting.
(2) If there is an equality of votes, the member presiding at the meeting has a casting vote.
The Commission must keep accurate and detailed minutes of its meetings, including reasons for all its decisions.
(1) Each Commission member must give the chairperson and the Director-General a copy of all disclosures made to the Leadership Code Commission under Part II of the Leadership Code (Further Provisions) Act 1999.
(2) The Director-General must keep a register of all disclosures by Commission members under this section.
(1) This section applies if a Commission member has a personal interest in a matter being considered, or about to be considered, by the Commission.
(2) The member must disclose the following to the other members as soon as practicable after the relevant facts come to the member's knowledge:
(a) the nature and extent of the interest;
(b) how the interest relates to the matter mentioned in subsection (1).
(3) If the relevant facts come to the member's knowledge at a time when the Commission is not meeting, the member must:
(a) make the disclosure mentioned in subsection (2) by written notice to each other member; and
(b) table a copy of the notice at the next meeting of the Commission.
(4) The disclosure must be recorded in the minutes of the meeting at which, or before which, the disclosure is made.
(5) The member need not disclose an interest if the interest is an interest shared with the public generally or a section of the public.
(6) For this section, a member has a personal interest in a matter if the member:
(a) has a direct or indirect financial interest in the matter; or
(b) has a personal, professional, commercial or other relationship with a person and the nature of the relationship is likely to, or may reasonably be regarded as likely to, inhibit or prevent the member from exercising independent judgment about the matter.
(1) If a Commission member has a personal interest in a matter that is required to be disclosed under section 22:
(a) the member must not take part in any deliberation or decision of the Commission about the matter; and
(b) the member must be disregarded for the purpose of constituting the quorum of the Commission for the deliberation or decision.
(2) However, a failure by the member to disclose the interest in the matter does not, on its own, invalidate any decision of the Commission about the matter.
Division 4 Staff and authorised officers of Commission
(1) The Judicial and Legal Services Commission established by section 117 of the Constitution must appoint a person to be Director-General of the Commission.
(2) A person may only be appointed to be Director-General if the person:
(a) is qualified to practise as a legal practitioner in Solomon Islands; and
(b) has practised as a legal practitioner, in Solomon Islands or another country, for at least 5 years; and
(c) has sufficient experience in management to manage the operations of the Commission effectively.
(3) The Director-General has the following powers and functions:
(a) to manage the day to day operations of the Commission, including managing its staff members;
(b) to appoint and direct authorised officers in the exercise of their powers and the performance of their functions;
(c) to decide whether to conduct corruption investigations, including conducting preliminary investigations of corruption complaints if necessary;
(d) to direct the conduct of and report to the Commission on the outcome of corruption investigations;
(e) any other powers and functions conferred on the Director-General by this or any other Act.
(4) The Director-General is subject to the directions of the Commission.
(1) The Director-General may appoint the following to be an authorised officer to conduct corruption investigations under this Act:
(a) a staff member of the Commission;
(b) a police officer.
(2) For the conduct of corruption investigations:
(a) an authorised officer has the powers and functions specified in this or any other Act; and
(b) in addition, an authorised officer who is a police officer has the powers he or she holds as a police officer while acting in the capacity of an authorised officer.
(3) An authorised officer, including an authorised officer who is a police officer, is subject to the directions of the Director-General in the exercise of their powers and the performance of their functions as an authorised officer.
(4) The chairperson must issue each authorised officer an identity card stating the officer's name and that they are an authorised officer.
(5) The identity card must:
(a) show a recent photograph of the officer; and
(b) show the card's date of issue and expiry; and
(c) be signed by the officer and the chairperson.
(6) An authorised officer exercising a power or performing a function under this Act in relation to a person must, if asked by the person, produce the officer's identity card for the person's inspection.
(7) A person who ceases to be an authorised officer must return the person's identity card to the Commission within 21 days after the cessation.
Maximum penalty: 1000 penalty units.
(1) The Minister and the Public Service Commission must ensure the Commission is provided with the staff necessary to enable it to properly exercise its powers and perform its functions.
(2) The staff members of the Commission are public officers subject to the directions of the Director-General in the performance of their functions.
Each authorised officer and staff member of the Commission must make the oath or affirmation specified in the Schedule, Part 2, before the chairperson before performing functions or exercising powers under this Act.
Division 5 Finance and administrative matters
For the purposes of the Public Financial Management Act 2013:
(a) the Commission is taken to be a Government agency, with a head of revenue and expenditure in the national budget prepared in accordance with that Act; and
(b) the Director-General is the accountable officer for the Commission, as the person in charge of the day to day operations of the Commission.
(1) The chairperson must prepare and give to the Minister and the Speaker of Parliament a report on the performance of the Commission’s functions during each financial year, including the following:
(a) statistical information (that does not identify individuals) on the corruption complaints received, the investigations undertaken and the outcome of investigations during the year;
(b) a report on corruption prevention activities conducted by the Commission during the year;
(c) the Commission’s accounts for the financial year, as prepared in accordance with the requirements of the Public Financial Management Act 2013.
(2) The report must be given to the Minister by 31 March following the end of the financial year.
(3) The Minister must table a copy of the report in Parliament within 12 sitting days after the Minister receives it.
PART 3 CORRUPTION PREVENTION
(1) The Government must ensure that the prevention of corruption is considered in the formulation of legislation and the policies, programs and procedures of public bodies.
(2) In doing so, the Government must consult the Commission, civil society and the private sector.
(3) The Government must cooperate with international organisations seeking to prevent corruption in any way that is consistent with Solomon Islands law.
(1) The Minister must, within 6 months after the commencement of this Act, issue a national anti-corruption strategy that identifies strategies for the following:
(a) creating a political and cultural environment that discourages corruption;
(b) creating awareness and understanding of the harm corruption does to the economy and the community;
(c) strengthening the partnership between the Government, civil society and the private sector to combat corruption;
(d) avoiding opportunities for corruption in the public sector, including in the procurement of goods and services, the issuing of licences and permits, and decision-making generally;
(e) enhancing the central role of the Commission in investigating and prosecuting corruption;
(f) increasing the role of each Provincial Government in combatting corruption;
(g) providing resources to implement the strategy.
(2) The Minister must make the anti-corruption strategy publically available and table it in Parliament as soon as practicable after it is issued.
(3) The Minister must:
(a) review the anti-corruption strategy on a regular basis to ensure that it is and continues to be an effective tool in combatting corruption; and
(b) report to Parliament at least once each year on the implementation of the strategy.
(4) The Minister must consult the Commission in formulating and reviewing the anti-corruption strategy.
(5) The Minister may require any other Minister whose responsibilities include implementation of part of the anti-corruption strategy to report to the Minister on that implementation.
(6) The Minister may appoint a steering committee consisting of representatives from civil society, the private sector, and the public sector to assist in reviewing and reporting on the implementation of the anti-corruption strategy and whether it needs to be modified or amended to continue to be an effective tool in combating corruption.
(7) If a national anti-corruption strategy is in place on the date this Act commences, the Minister must, within 6 months after that date:
(a) review and revise the strategy in consultation with the Commission to ensure it meets the requirements of subsection (1); and
(b) make the strategy publically available and table it in Parliament in accordance with subsection (2).
To prevent corruption, the Commission must:
(a) conduct programs to raise public awareness about corruption and its effects, including how corruption can be prevented; and
(b) review legislation and the policies, programs and procedures of public bodies to identify ways in which opportunities for corruption can be reduced; and
(c) provide advice and issue guidelines to public and private bodies about ways to prevent and detect corruption; and
(d) provide training, or assist organisations to provide training, to officers and staff in the public and private sectors about corruption and its effects, including how corruption can be prevented.
(1) Each public body must designate a person to be its integrity officer.
(2) The functions of an integrity officer are as follows:
(a) to take measures to implement any advice or guidelines given to the public body by the Commission under section 33;
(b) to create awareness within the public body of the role of the Commission and the process for making a corruption complaint;
(c) to receive corruption complaints about conduct within the public body and refer them to the Commission;
(d) to initiate corruption complaints about conduct within the public body if necessary;
(e) any other functions conferred on the officer by this or any other Act or by the Commission.
(3) An integrity officer may hold another position within the public body and need not receive additional remuneration for being an integrity officer.
(4) The Commission must provide training to integrity officers in the performance of their functions.
PART 4 INVESTIGATING AND PROSECUTING CORRUPTION
Division 1 Making and receiving corruption complaints
(1) A corruption complaint may be made by any person to the Commission, either directly or through an integrity officer.
(2) The complaint may initially be made orally or in writing, but if it is made orally it must be reduced to writing:
(a) if it is made to an integrity officer – by the integrity officer; or
(b) if it is made to the Commission – by a staff member of the Commission.
(3) The written complaint must:
(a) be signed by the complainant; and
(b) identify the complainant, unless the complainant requests that his or her identity be kept confidential.
The Director-General may request a complainant to give further information about a corruption complaint, either orally or in writing.
The Director-General must keep a register of corruption complaints containing the following information for each complaint received:
(a) the date the complaint was made;
(b) the name of the complainant (unless the complainant has requested to remain anonymous);
(c) whether the complaint was made orally or in writing;
(d) any other prescribed details.
Division 2 Initial action in response to corruption complaint
The Director-General must examine each corruption complaint received by the Commission and do any of the following:
(a) dismiss the complaint under section 40;
(b) begin a corruption investigation into the conduct complained of under section 42;
(c) refer the complaint to another person or body if the Director-General considers that it warrants investigation or action by the other person or body (whether or not the Director-General is also beginning a corruption investigation).
(1) The Director-General may make a preliminary investigation of a corruption complaint before deciding what action to take in relation to it.
(2) The Director-General may, if he or she considers it necessary to do so, refer the matter to an authorised officer to conduct the preliminary investigation.
(3) Any evidence or information obtained in the course of conducting the preliminary investigation may be used in any later investigation or consideration of the complaint under this Act.
The Director-General may dismiss a corruption complaint without investigating it if:
(a) further information is not given as requested under section 36 and there is insufficient information to investigate the complaint further; or
(b) the Director-General considers the complaint to be vexatious, misconceived, frivolous or lacking in substance; or
(c) the conduct complained about has been the subject of a previous complaint that has been dealt with under this Act; or
(d) the conduct complained about is the subject of a corruption complaint made by another person; or
(e) the complaint cannot be dealt with under this Act.
At each meeting of the Commission, the Director-General must report to the Commission on:
(a) the complaints received since the previous meeting of the Commission; and
(b) the action taken under this Division in response to each complaint; and
(c) the reason for that action; and
(d) the status of any corruption investigations underway.
Division 3 Corruption investigations
(1) The Director-General must begin a corruption investigation if the Director-General considers that there is reason to suspect that a corruption offence has been committed.
(2) The Director-General may begin the investigation:
(a) in response to a corruption complaint; or
(b) on his or her own initiative on the basis of information received from another source.
(1) An authorised officer conducting a corruption investigation may in writing request a person to do any of the following for the purpose of assisting with the investigation:
(a) provide specified information to the officer in writing before a specified date;
(b) produce specified documents to the officer before a specified date;
(c) attend an oral examination before the officer on a specified date.
(2) The person commits an offence if the person fails to comply with the request.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(3) A person is entitled to be accompanied to an oral examination, at his or her own expense, by a legal practitioner.
(4) A complete written record of an oral examination must be made and:
(a) signed by the person examined; or
(b) if the person refuses to sign it, the reasons for the refusal recorded by the authorised officer.
(5) An oral examination may be conducted in person or remotely, using telephone, video link, Internet connection or any similar means of remote communication.
(1) For the purpose of a corruption investigation, the Director-General may in writing request any of the following persons to provide a statutory declaration as specified in subsection (2):
(a) a person suspected of having committed a corruption offence;
(b) a relative or associate of the person.
(2) The statutory declaration must:
(a) identify all property in Solomon Islands or elsewhere in which the person making the declaration has a legal or equitable interest; and
(b) state the date on which each item identified was acquired and how it was acquired; and
(c) identify all property sent out of Solomon Islands or disposed of by the person since a specified date; and
(d) give an estimate of the value and location of each item mentioned in paragraphs (a) and (c), and if any item has been disposed of, to whom; and
(e) set out all the person’s sources of income; and
(f) identify all gifts with a value exceeding $1000 received by the person during a specified period, including the source of the gift; and
(g) set out all the person’s liabilities.
(3) The requirement under paragraph (f) to identify gifts applies in addition to any requirement under paragraphs (a), (b) or (c) to identify a gift held or disposed of (regardless of its value), and its source.
(4) The Director-General may also in writing request a financial institution to provide copies of the financial records of a person required to give a statutory declaration under subsection (1).
(5) A person commits an offence if the person fails to comply with a request under subsection (1) or (4).
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(5) A financial institution that is requested to provide the financial records of person under subsection (4) commits an offence if the institution:
(a) discloses, directly or indirectly, to the person that the request has been made or that records have been provided in response to the request; or
(b) discloses, directly or indirectly, any information to the person from which the person could be reasonably expected to infer that the request has been made or that records have been provided in response to the request.
Maximum penalty: 50,000 penalty units.
The Director-General may refer any matter that comes to his or her attention during a corruption investigation to another person or body if the Director-General considers that the matter warrants investigation or action by the other person or body.
(1) After a corruption investigation has been completed, the Director-General must:
(a) consider the information gathered during the investigation; and
(b) prepare a report of the findings of the investigation, including a recommendation of the action the Commission should take in response to the findings of the investigation.
(2) The Director-General must circulate the report to the Commission members as soon as practicable for consideration at the next meeting of the Commission.
(1) After considering the report of a corruption investigation and the recommendations contained in it, the Commission must decide to:
(a) take no further action in relation to the matter; or
(b) seek the consent of the Director of Public Prosecutions to commence a prosecution under section 49 if the Commission considers that the investigation has established sufficient evidence of the commission of a corruption offence; or
(c) refer any matter mentioned in the report to another person or body if the Commission considers that the matter warrants investigation or action by the other person or body (whether or not the Commission is also commencing a prosecution for a corruption offence).
(2) The Director-General must give each person whose conduct was the subject of the corruption investigation written notice of the Commission’s decision, within 14 days after it is made.
Division 4 Prosecuting corruption offences
With the consent of the Director of Public Prosecutions, the Commission may institute and undertake criminal proceedings against a person for the alleged commission of a corruption offence.
If the Commission considers that an investigation has established evidence of the commission of a corruption offence by a person, the Commission may recommend to the Director of Public Prosecutions that an application for a restraining order be made in relation to the person under the Money Laundering and Proceeds of Crime Act 2002.
PART 5 GENERAL OFFENCES
(1) A person commits an offence if:
(a) the person gives information to an integrity officer, authorised officer, the Director-General or the Commission; and
(b) the person knows the information is misleading.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(2) A person commits an offence if:
(a) the person gives a document to an integrity officer, authorised officer or the Commission; and
(b) the person knows the document contains misleading information.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(3) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the attention of the integrity officer, authorised officer, Director-General or Commission; and
(b) to the extent to which the person can reasonably do so – gives the integrity officer, authorised officer, Director-General or Commission the information necessary to remedy the misleading aspect of the document.
(4) In this section:
“misleading information” means information that is misleading in a material particular or because of the omission of a material particular.
A person must not falsely represent, by words or conduct, that the person is an authorised officer.
Maximum penalty: 20,000 penalty units or imprisonment for 2 years, or both.
A person must not obstruct or threaten an authorised officer acting in an official capacity.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(1) A person commits an offence if the person:
(a) obtains information while exercising a power or performing a function as any of the following:
(i) a Commission member;
(ii) the Director-General;
(iii) an authorised officer;
(iv) a staff member of the Commission;
(v) an integrity officer; and
(b) engages in conduct that results in the disclosure of the information.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(2) Subsection (1) does not apply if the person discloses the information:
(a) for the exercise of the person's powers or the performance of the person's functions; or
(b) for the administration of this Act; or
(c) with the consent of the person to whom the information relates; or
(d) for legal proceedings arising out of the operation of this Act.
A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as:
(a) a Commission member; or
(b) the Director-General; or
(c) an authorised officer; or
(d) a staff member of the Commission; or
(e) an integrity officer.
The Director-General may delegate any of his or her powers and functions under this or any other Act to a staff member of the Commission.
(1) The Minister may make regulations under this Act.
(2) Without limiting subsection (1), the regulations may do any of the following:
(a) prescribe details of corruption complaints that must be recorded in the register kept under section 37;
(b) prescribe remuneration and other conditions of service of Commission members.
Division 1 Amendment of Penal Code
This Division amends the Penal Code (Cap. 26).
(1) Section 2 is amended by deleting “punishable under another Act” and substituting “punishable as a criminal offence under another Act”.
(2) Section 2 is amended by deleting “he shall not be punished” and substituting “the person cannot be convicted of a criminal offence”.
(1) Section 4 is amended by deleting the definition “person employed in the public service”.
(2) Section 4 is amended by inserting (in alphabetical order) the following definitions:
““benefit”, for Part X, means any advantage and is not limited to property;
“foreign government body” means:
(a) the government of a foreign country or part of a foreign country; or
(b) an entity owned or administered by the government of a foreign country or part of a foreign country;
“foreign public official” means a person who:
(a) is an employee or official of a foreign government body; or
(b) performs work for a foreign government body under a contract; or
(c) holds an office of an administrative, executive, legislative or judicial nature, whether appointed or elected, in a foreign government body; or
(d) is an employee or official of a public international organisation; or
(e) performs work for a public international organisation under a contract;
“public international organisation” means an organisation, or part of an organisation, whose members are any of the following:
(a) countries, or parts of countries;
(b) governments of countries, or parts of countries;
(c) other public international organisations;
“public official” has the meaning given in section 4A.”
The following section is inserted after section 4:
“4A Meaning of “public official”
(1) A “public official” is any of the following:
(a) the Governor-General;
(b) a member of Parliament, including a Minister or the Prime Minister;
(c) the Speaker of Parliament;
(d) a person who holds an office established by a written law, including the Constitution;
(e) a Judge, Magistrate, justice of a local court or anyone else holding a judicial office;
(f) a person who holds a position in a public body or a body established by a written law;
(g) a person who holds an office mentioned in section 127(2) of the Constitution;
(h) a person who holds any other position that is remunerated from the Consolidated Fund.
(2) A person who holds a position or office mentioned in subsection (1) is a public official whether the person holds the office or position:
(a) on a permanent, temporary or acting basis; or
(b) on a paid or unpaid basis; or
(c) as an employee, a contractor or otherwise.”
Section 20 is amended by deleting all the words from “A person” to “other law” and substituting “A person cannot be convicted of more than one criminal offence (either under this Code or another written law)”.
Section 43 is amended by deleting “91, 92, 93, 117, 118 and 374” and substituting “92, 93, 94, 94A, 117 and 118”.
Sections 91 to 94 are repealed and replaced with the following:
“91 Cooperation between agencies
Despite anything contained in another written law, for the purpose of investigating and prosecuting offences against this Part, the following agencies may share information with each other:
(a) the Office of the Auditor-General;
(b) the Office of the Ombudsman;
(c) the Leadership Code Commission established by section 5 of the Leadership Code (Further Provisions) Act 1999;
(d) the Police Force;
(e) the Office of the Commissioner of Inland Revenue appointed under section 106 of the Income Tax Act (Cap. 123);
(f) the Financial Intelligence Unit of the Central Bank of Solomon Islands;
(g) the Customs and Excise Division of the Ministry of Finance and Treasury;
(h) the Solomon Islands Independent Commission Against Corruption established by section 7 of the Anti-Corruption Act 2017;
(i) the Internal Audit Office established under section 19 of the Public Financial Management Act 2013.
(1) A person commits an offence if:
(a) the person directly or indirectly promises, offers or gives a benefit to a public official or another person; and
(b) the person does so with the intention of influencing the public official to:
(i) carry out, or not carry out, his or her official duties; or
(ii) carry out his or her official duties in a particular way; or
(iii) direct another person to carry out, or not carry out, official duties; or
(iv) direct another person to carry out official duties in a particular way.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(2) A public official commits an offence if:
(a) the public official directly or indirectly solicits, accepts or receives a benefit for himself or herself, or another person; and
(b) the public official does so with the intention that he or she will be influenced to:
(i) carry out, or not carry out, his or her official duties; or
(ii) carry out his or her official duties in a particular way; or
(iii) direct another person to carry out, or not carry out, official duties; or
(iv) direct another person to carry out official duties in a particular way.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant promised, offered, gave, solicited, accepted or received the benefit:
(a) in accordance with custom; and
(b) openly, in the course of a traditional exchange of gifts; and
(c) for the benefit of a community or group of people and not for an individual.
(1) A person commits an offence if:
(a) the person directly or indirectly promises, offers or gives a benefit to a foreign public official or another person; and
(b) the person does so with the intention of influencing the foreign public official to:
(i) carry out, or not carry out, his or her official duties; or
(ii) carry out his or her official duties in a particular way; or
(iii) direct another person to carry out, or not carry out, official duties; or
(iv) direct another person to carry out official duties in a particular way.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant promised, offered or gave the benefit:
(a) in accordance with custom; and
(b) openly, in the course of a traditional exchange of gifts.
(3) A foreign public official commits an offence if:
(a) the foreign public official directly or indirectly solicits, accepts or receives a benefit for himself or herself, or another person; and
(b) the foreign public official does so with the intention that he or she will be influenced to:
(i) carry out, or not carry out, his or her official duties; or
(ii) carry out his or her official duties in a particular way; or
(iii) direct another person to carry out, or not carry out, official duties; or
(iv) direct another person to carry out official duties in a particular way.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(1) In this section:
“commercial organisation” means:
(a) a body incorporated under a law of Solomon Islands that carries on business in Solomon Islands or another country; or
(b) another body corporate (wherever incorporated) that carries on business in Solomon Islands; or
(c) a partnership formed under a law of Solomon Islands that carries on business in Solomon Islands or another country; or
(d) another partnership (wherever formed) that carries on business in Solomon Islands.
(2) A commercial organisation commits an offence if:
(a) a person engaged by the organisation commits an offence against section 92 or 93; and
(b) the person does so with the intention of obtaining a benefit for the organisation.
Maximum penalty: 1.000,000 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) if the organisation proves that:
(a) at the time the person committed the offence against section 92 or 93, the organisation had in place adequate procedures designed to prevent the commission of such offences; and
(b) the person was not acting:
(i) with the implied or express authority of an executive officer of the organisation; or
(ii) in accordance with any generally accepted practice within the organisation.
(1) A public official commits an offence if:
(a) the public official:
(i) acts contrary to his or her official duties; or
(ii) uses any information the official has obtained in his or her capacity as a public official; or
(iii) directs another person to act contrary to his or her official duties; and
(b) the public official does so with the intention of:
(i) obtaining a benefit for himself or herself, or another person; or
(ii) causing detriment to another person.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(2) A person commits an offence if:
(a) the person has ceased to be a public official in a particular capacity; and
(b) the person uses any information the person obtained in that capacity; and
(c) the person does so with the intention of:
(i) obtaining a benefit for himself or herself, or another person; or
(ii) causing detriment to another person.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.”
Sections 100, 101, 129 and 130 are amended by deleting each reference to “person employed in the public service” and substituting “public official”.
Section 273(b) is amended by deleting “employed in the public service of Her Majesty” and substituting “a public official”.
Section 349 is amended by deleting “employed in the public service” and substituting “a public official”.
Section 375 is repealed.
Division 2 Consequential amendments
Subdivision 1 Amendment of Companies Act 2009
Sections 76(1)(b) and 77(1)(b) of the Companies Act 2009 are amended by deleting “91” and substituting “92”.
Subdivision 2 Amendment of Telecommunications Act 2009
Section 11 of the Telecommunications Act 2009 is amended by deleting “Parts X and XXXVIII” and substituting “Part X”.
Schedule Oaths and affirmations
Part 1 Oath or affirmation for commission member
section 14
I, .............................., [swear][affirm] that I will well and truly serve Her Majesty, Queen Elizabeth the Second, Her heirs and successors in the office of [chairperson][member] of the Solomon Islands Independent Commission Against Corruption, and that I will exercise the powers and functions of my office honestly, faithfully and diligently without favour or affection, malice or ill-will and I will not, except in accordance with the provisions of the Anti-Corruption Act 2017, divulge any information received by me in the performance of my functions to any person.
[So help me God].
Sworn before:
Date:
Part 2 Oath or affirmation for Director-General, authorised officer or staff member
section 28
I, .............................., [swear][affirm] that I will exercise the powers and functions of my office as [Director-General][a staff member][an authorised officer] of the Solomon Islands Independent Commission Against Corruption honestly, faithfully and diligently without favour or affection, malice or ill-will and I will not, except in accordance with the provisions of the Anti-Corruption Act 2017, divulge any information received by me in the performance of my functions to any person.
[So help me God].
Sworn before:
Date:
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URL: http://www.paclii.org/sb/legis/num_act/aa2018200
