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As enacted

Act of Parliament

Commissions of Inquiry (Amendment) Act 2019

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Commissions of Inquiry

(Amendment) Act, No. 3 of 2019.

s 2Insertion of new sections 24A, 24B, 24C, 24D, and 24E in Chapter 393

The Commissions of Inquiry Act (Chapter 393)

(hereinafter referred to as the “principal enactment”) is hereby amended by the insertion immediately after section 24, of the following new sections and the new sections shall have effect as sections 24A, 24B, 24C, 24D and 24E of that enactment:-

24A. (1) Notwithstanding anything to the contrary in the Commission to Investigate

Allegations of Bribery or Corruption Act or any other written law, where the Commission to Investigate Allegations of Bribery or

Corruption, on a consideration of material collected in the course of an investigation or inquiry or both an investigation and inquiry as the case may be by a Commission of Inquiry appointed under section 2, is satisfied that an offence under the following laws has been committed, it may direct the Director General to institute criminal proceedings in terms of the -

(a)

Bribery Act; or

(b)

Declaration of Assets and Liabilities Law.

“Commission to Investigate

Allegations of Bribery or

Corruption to institute

Criminal proceedings.

Act, No. 3 of 2019

(2)

The Commission to Investigate

Allegations of Bribery or Corruption may prior to the institution of proceedings under subsection (1) -

(a)

conduct further investigations into the commission of any offence;

(b)

consider material that may have been collected in the course of an investigation conducted by the

Commission to Investigate Allegations of Bribery or Corruption prior to the receipt of the material referred to in subsection (1); and

(c)

consider material the Commission to

Investigate Allegations of Bribery or

Corruption may have received from any other law enforcement authority.

24B.

Allegations

Notwithstanding anything to the contrary in the Commission to Investigate

Allegations of Bribery or Corruption Act or any other written law, the Commission to

Investigate Allegations of Bribery or

Corruption may, if it deems appropriate, forward the material collected and received under section 24A to the Attorney-General or to any other authority to take any appropriate action under any other written law.

24C.

forward material received to authority

The Commission to Investigate

Allegation of Bribery or Corruption shall not be required, unless it deems appropriate to, record a statement of a person who has given a statement to a Commission of Inquiry appointed under section 2 or has given evidence before such Commission.

Commission to Investigate of Bribery or

Corruption to collected and the relevant

Commission to Investigate of Bribery or not to record statements or

Allegations Corruption evidence given.

Act, No. 3 of 2019

24D. The Commission to Investigate

Allegations of Bribery or Corruption may solicit, receive and consider the advice or opinion of the Attorney-General or any officer representing the Attorney-General in giving effect to the provisions of sections 24A, 24B, or 24C.

24E. The provisions of this Act shall not restrict the powers and functions of the

Commission to Investigate Allegations of

Bribery or Corruption conferred on it by the

Commission to Investigate Allegations of

Bribery or Corruption Act or any other written law.”.

s 3Insertion of new section 27 in the principal enactment

The following new section is hereby inserted immediately after section 26 of the principal enactment and shall have effect as section 27 of that enactment:-

27. In this Act unless the context otherwise requires-

“Bribery Act” means the Bribery Act

(Chapter 26);

“Commission to Investigate Allegations of

Bribery or Corruption Act” means the

Commission to Investigate Allegations of Bribery or Corruption Act, No. 19 of 1994;

“Commission to Investigate Allegations of

Bribery or Corruption” means the

Commission established by section 2 of the Commission to Investigate

Allegations of Bribery or Corruption

Act;

Commission to Investigate

Allegations of Bribery or

Corruption to seek advice or opinion of the Attorney-General.

Not to restrict the powers and functions of the

Commission to Investigate

Allegations of Bribery or

Corruption by the provisions of this Act.

“Interpretation.

Act, No. 3 of 2019

“Declaration of Assets and Liabilities Law”

means the Declaration of Assets and

Liabilties Law, No. 1 of 1975;

“Director General” means the Director

General for the Prevention of Bribery and

Corruption appointed under section 16

of the Commission to Investigate

Allegations of Bribery or Corruption

Act;

“law enforcement authority” means a police officer or any other person or authority that is authorized by or under any written law to investigate into the commission of an offence.”.

(1)

In the principal enactment there shall be substituted for the words “Governor-General”, the word

“President”.

(2)

Every reference to the “Governor-General”, in any regulation, rule, order, notice, notification, circular, contract, communication or other document issued under the principal enactment shall be read and construed as a reference to the

“President”.

s 5Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

.

Act, No. 3 of 2019