(1) An agency head who becomes aware of a corruption issue must refer the issue to the Commissioner if:
(a) the issue concerns the conduct of a person who is, or was, a staff member of the agency while that person is, or was, a staff member; and
(b) the agency head suspects that the issue could involve corrupt conduct that is serious or systemic.
(2) The agency head must state in the referral the reasons why the agency head suspects that the issue could involve corrupt conduct that is serious or systemic.
(3) Subsection (1) does not apply in relation to an intelligence agency.