Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Inspector - General or an authorised compliance officer must not take action under Part 8 or 10AA in relation to an alleged contravention of section 73A or 73B unless the Inspector - General has given the appropriate agency of the State where the contravention is alleged to have occurred a written notice stating that:
(a) the Inspector - General intends to take action under Part 8 or 10AA in relation to the alleged contravention; and
(b) the appropriate agency of the State may, within 28 days after receiving the notice, notify the Inspector - General, in writing, that the appropriate agency of the State is investigating or taking other enforcement action in relation to the conduct constituting the alleged contravention.
(2) If:
(a) under subsection (1), the Inspector - General gives the appropriate agency of a State a written notice in relation to an alleged contravention; and
(b) within 28 days after receiving the notice, the appropriate agency of the State notifies the Inspector - General, in writing, under paragraph (1)(b);
the Inspector - General or an authorised compliance officer must not, within 3 months after the Inspector - General receives the notification, take action under Part 8 or 10AA in relation to the alleged contravention.
(3) Despite subsection (2), if, within 3 months after the Inspector - General receives a notification from the appropriate agency of a State under paragraph (1)(b), the appropriate agency of the State:
(a) withdraws the notification by written notice to the Inspector - General; or
(b) requests the Inspector - General, in writing, to take action under Part 8 or 10AA in relation to the relevant alleged contravention;
the Inspector - General or an authorised compliance officer may, at any time after receiving the withdrawal notice or request, take action under Part 8 or 10AA in relation to the relevant alleged contravention.
(4) A failure to comply with subsection (1) or (2) in relation to an alleged contravention does not affect the validity of any action taken by the Inspector - General or an authorised compliance officer under this Act in relation to the alleged contravention.
(5) A notice or notification under this section is not a legislative instrument.
(6) To avoid doubt, subsection (2) does not prevent the Inspector - General from exercising powers under this Act, other than under Part 8 or 10AA, during the 3 month period to which that subsection applies in relation to conduct constituting an alleged contravention of section 73A or 73B.
Note: For example, the Inspector - General may disclose information to a State or other body under Division 5 of Part 9A.