Commonwealth Consolidated Acts

NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 45

Application

  (1)   This section applies if the Commissioner is aware that a Commonwealth integrity agency has previously concluded an investigation into a matter regarding the conduct of a public official.

Corruption investigation threshold--public interest

  (2)   The Commissioner may commence a corruption investigation into a corruption issue involving the conduct only if the Commissioner is satisfied that it is in the public interest to do so.

  (3)   The Commissioner may have regard to the following matters in making the decision:

  (a)   the significance of the corruption issue;

  (b)   the details of the investigation undertaken by the Commonwealth integrity agency (to the extent that those details are known by, or made available to, the Commissioner and the Commissioner considers them relevant);

  (c)   any conclusions or findings (however described) of the integrity agency in relation to the corruption issue;

  (d)   whether the Commissioner has any new evidence in relation to the corruption issue that:

  (i)   was not available to the integrity agency; and

  (ii)   would not have been obtainable by the exercise of reasonable diligence by that agency;

  (e)   any unfairness to a person that may arise as a result of the Commissioner conducting a further investigation into the corruption issue;

  (f)   the need to ensure that the corruption issue is fully investigated.

  (4)   Subsection   (3) does not limit the matters to which the Commissioner may have regard in making the decision.