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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 44

Action that can be taken without permission

  (1)   Despite any direction given by the Commissioner under subsection   43(1), the following action may be taken:

  (a)   action to prevent or lessen an imminent risk to the safety of a person, or to protect a person's life;

  (b)   action that is in the interests of the security, defence or international relations of Australia;

  (c)   action to prevent loss to the Commonwealth of an amount, greater than the amount (if any) prescribed by the regulations, which could not be recovered;

  (d)   other action for which it would be unreasonable in the circumstances to await any necessary permission.

  (2)   If action is taken relying on subsection   (1), the agency head must:

  (a)   as soon as practicable, but no later than 48 hours after the action is taken, provide details of the action to the Commissioner; and

  (b)   take reasonable steps to:

  (i)   ensure that the action does not prejudice the investigation of a corruption issue or any other NACC Act process; and

  (ii)   preserve evidence that is, or could be, relevant for the purposes of conducting a NACC Act process.



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