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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 43

Commissioner's directions about further action

Directions to stop action

  (1)   The Commissioner may direct an agency head to stop the agency taking specified action in relation to a corruption issue that concerns the agency, unless the action is permitted by the Commissioner.

  (2)   However, the direction may be given only if:

  (a)   the Commissioner has consulted with the agency head about giving the direction; and

  (b)   the direction is required to ensure the effectiveness of any action the Commissioner has taken, or might take, under this Act in relation to the corruption issue, or any other corruption issue.

  (3)   The direction must be revoked if it is no longer so required.

Permission to take other action

  (4)   If the agency head requests the Commissioner to permit the taking of particular action, the Commissioner must:

  (a)   as soon as practicable after the request is made, decide whether to permit the taking of the action; and

  (b)   if the Commissioner refuses to permit the taking of the action--give the agency head written reasons for the refusal.

  (5)   However, the Commissioner need not give the reasons for a refusal if doing so would be likely to prejudice:

  (a)   any action the Commissioner has taken, or might take, under this Act in relation to the corruption issue, or any other corruption issue; or

  (b)   any action taken by any person as a result of a NACC Act process.

  (6)   A direction under subsection   (1):

  (a)   is not a legislative instrument; and

  (b)   has effect despite any other law of the Commonwealth.



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