Page:National Anti-Corruption Commission Act 2022.pdf/62



Division 1—Dealing with corruption issues

40 Commissioner may deal with corruption issues

(1) The Commissioner may deal with a corruption issue that:


 * (a) is referred to the Commissioner; or


 * (b) the Commissioner becomes aware of in any other way.

(2) To avoid doubt, the Commissioner may deal with a corruption issue on the Commissioner's own initiative.

41 How Commissioner deals with corruption issues

(1) The Commissioner may deal with a corruption issue in any one or more of the following ways:


 * (a) by investigating the corruption issue;


 * (b) by investigating the corruption issue jointly with a Commonwealth agency or a State or Territory government entity;


 * (c) by referring, for investigation, the corruption issue to a Commonwealth agency to which the corruption issue relates (if the Commissioner is satisfied that the agency has appropriate capabilities to investigate the issue);


 * (d) by referring, for consideration, the corruption issue to a Commonwealth agency or a State or Territory government entity.

(2) An investigation mentioned in paragraph (1)(a) or (b) is a corruption investigation.

Corruption investigation threshold—serious or systemic corrupt conduct

(3) The Commissioner may conduct, or continue to conduct, a corruption investigation only if the Commissioner is of the opinion