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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 41

How Commissioner deals with corruption issues

  (1)   The Commissioner may deal with a corruption issue in any one or more of the following ways:

  (a)   by investigating the corruption issue;

  (b)   by investigating the corruption issue jointly with a Commonwealth agency or a State or Territory government entity;

  (c)   by referring, for investigation, the corruption issue to a Commonwealth agency to which the corruption issue relates (if the Commissioner is satisfied that the agency has appropriate capabilities to investigate the issue);

  (d)   by referring, for consideration, the corruption issue to a Commonwealth agency or a State or Territory government entity.

  (2)   An investigation mentioned in paragraph   (1)(a) or (b) is a corruption investigation .

Corruption investigation threshold--serious or systemic corrupt conduct

  (3)   The Commissioner may conduct, or continue to conduct, a corruption investigation only if the Commissioner is of the opinion that the issue could involve corrupt conduct that is serious or systemic.

General matters

  (4)   Corruption issues may be investigated together.

  (5)   The Commissioner may, at any time, reconsider whether or how to deal with a corruption issue.

Commissioner may decide to take no action

  (6)   The Commissioner may decide to take no action in relation to a corruption issue.

Commissioner under no duty to consider whether to deal with corruption issue

  (7)   The Commissioner does not have a duty to consider whether to deal with a corruption issue under this section, whether the Commissioner is requested to do so by the person who referred the issue or by any other person, or in any other circumstances.



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