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PRIVACY ACT 1988 - SECT 94U

Investigation under section 40 to cease if COVID data offence may have been committed

             (1)  This section applies if, in the course of an investigation under section 40, the Commissioner forms the opinion that:

                     (a)  an offence against Division 2 of this Part; or

                     (b)  an offence against section 6 of the Crimes Act 1914 , or section 11.1, 11.2, 11.4 or 11.5 of the Criminal Code , being an offence that relates to an offence against that Division;

may have been committed.

             (2)  The Commissioner must:

                     (a)  inform the Commissioner of Police or the Director of Public Prosecutions of that opinion; and

                     (b)  in the case of an investigation under subsection 40(1), give a copy of the complaint to the Commissioner of Police or the Director of Public Prosecutions, as the case may be; and

                     (c)  subject to subsection (5) of this section, discontinue the investigation except to the extent that it concerns matters unconnected with the offence that the Commissioner believes may have been committed.

             (3)  If the Commissioner of Police or the Director of Public Prosecutions:

                     (a)  has been informed of the Commissioner's opinion under paragraph (2)(a); and

                     (b)  decides that the matter will not be, or will no longer be, the subject of proceedings for an offence;

the Commissioner of Police or the Director of Public Prosecutions, as the case requires, must give a written notice to that effect to the Commissioner.

             (4)  If the Commissioner of Police or the Director of Public Prosecutions:

                     (a)  has been informed of the Commissioner's opinion under paragraph (2)(a); and

                     (b)  is satisfied that an investigation relating to the matter, or proceedings for an offence relating to the matter, will not be jeopardised, or otherwise affected, by continuation of the Commissioner's investigation;

the Commissioner of Police or the Director of Public Prosecutions, as the case requires, may give a written notice to that effect to the Commissioner.

             (5)  Upon receiving notice under subsection (3) or (4) the Commissioner may continue the investigation discontinued under paragraph (2)(c).



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