Commonwealth Consolidated Acts

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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 47

Matters dealt with by Electoral Commissioner

Application

  (1)   This section applies if conduct of a person has been, is or could be the subject of an investigation by the Electoral Commissioner under, or into compliance with, the Commonwealth Electoral Act 1918 .

Restriction on corruption investigation by Commissioner

  (2)   The Commissioner must not commence a corruption investigation into a corruption issue involving the conduct unless:

  (a)   the Electoral Commissioner:

  (i)   refers the issue to the Commissioner; and

  (ii)   states that the Electoral Commissioner considers that the issue could involve corrupt conduct that is serious or systemic; and

  (b)   the Commissioner is of the opinion that the issue could involve corrupt conduct that is serious or systemic.

Exception--officers and staff members of the Electoral Commission

  (3)   This section does not apply in relation to conduct of an officer (within the meaning of the Commonwealth Electoral Act 1918 ), or a member of the staff of the Commission (within the meaning of that Act).



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