Page:National Anti-Corruption Commission Act 2022.pdf/57

 Division 2—Mandatory referrals

33 Mandatory referral—Commonwealth agencies other than intelligence agencies

(1) An agency head who becomes aware of a corruption issue must refer the issue to the Commissioner if:


 * (a) the issue concerns the conduct of a person who is, or was, a staff member of the agency while that person is, or was, a staff member; and


 * (b) the agency head suspects that the issue could involve corrupt conduct that is serious or systemic.

(2) The agency head must state in the referral the reasons why the agency head suspects that the issue could involve corrupt conduct that is serious or systemic.

(3) Subsection (1) does not apply in relation to an intelligence agency.

34 Mandatory referral—intelligence agencies

(1) The head of an intelligence agency who becomes aware of a corruption issue must refer the issue to the IGIS or the Commissioner if:


 * (a) the issue concerns the conduct of a person who is, or was, a staff member of the intelligence agency while that person is, or was, a staff member; and


 * (b) the head suspects that the issue could involve corrupt conduct that is serious or systemic.

(2) The head must state in the referral the reasons why the head suspects that the issue could involve corrupt conduct that is serious or systemic.

(3) If the head refers the issue to the Commissioner, the head must, as soon as reasonably practicable, notify the IGIS.