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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 38

Mandatory referral--timing and information requirements

Timing requirements

  (1)   A person who is required to refer a corruption issue under this Division must do so as soon as reasonably practicable after becoming aware of the issue or within such later time as is allowed by the Commissioner.

Information requirements

  (2)   A person who is required to refer a corruption issue under this Division must include with the referral all information relevant to the issue that is in the person's possession or control at the time the referral is made.

  (3)   If the person subsequently becomes aware of any further information that is relevant to the issue, the person must give the further information to the recipient of the referral as soon as reasonably practicable.

Exceptions to information requirements

  (4)   A person is not required to provide information under this section if:

  (a)   the person has reasonable grounds to believe that the recipient of the referral is already aware of the information; or

  (b)   the recipient of the referral has advised the person that the provision of information about the corruption issue is not required.

Note:   This section has effect subject to section   236 (Attorney - General's certificate in relation to international relations).



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