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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 230

Disclosure by authorised discloser in public interest

  (1)   If the Commissioner is satisfied that it is in the public interest to do so, the Commissioner may disclose information to the public, or a section of the public, about:

  (a)   the performance of the Commissioner's functions; or

  (b)   the exercise of the Commissioner's powers; or

  (c)   a corruption investigation conducted by the Commissioner (whether alone or jointly with a Commonwealth agency or a State or Territory government entity); or

  (d)   a public inquiry conducted by the Commissioner.

  (2)   If the Inspector is satisfied that it is in the public interest to do so, the Inspector may disclose information to the public, or a section of the public, about:

  (a)   the performance of the Inspector's functions; or

  (b)   the exercise of the Inspector's powers; or

  (c)   a NACC corruption investigation conducted by the Inspector (whether alone or jointly with a Commonwealth agency, the NACC or a State or Territory government entity); or

  (d)   a NACC complaint investigation conducted by the Inspector.

  (3)   Subsections   (1) and (2) have effect:

  (a)   subject to the following:

  (i)   subsections   (4) to (6);

  (ii)   any direction in effect under section   100 (directions about use or disclosure of investigation material);

  (iii)   Subdivision B of Division   4 of Part   7 (use and disclosure of investigation material);

  (iv)   section   231 (opportunity to respond must be given before disclosure of critical opinions, findings and recommendations);

  (v)   any arrangement entered into under section   239; and

  (b)   despite any other provision of this Act.

  (4)   An authorised discloser must not disclose under subsection   (1) or (2) information that includes an opinion or finding about whether a particular person engaged in corrupt conduct, unless the information is contained in a report prepared under Part   8 (reporting on corruption investigations) or Subdivision B of Division   4 of Part   10 (reporting on NACC corruption investigations and NACC complaint investigations).

  (5)   An authorised discloser must not disclose the following under subsection   (1) or (2):

  (a)   section   235 certified information;

  (b)   information that the authorised discloser is satisfied is sensitive information.

  (6)   Before disclosing information under subsection   (1) or (2), the authorised discloser must consult with the head of each Commonwealth agency or State or Territory government entity to which the information relates about whether the information is sensitive information.



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