ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 22

This legislation has been repealed.

ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 22

22 .         Further action by another agency or authority

        (1)         If the Commission decides under section 17(3), 20(3) or 21(4) that an allegation should be referred to an independent agency or appropriate authority for further action it shall, as soon as is practicable after making that decision, refer the allegation by forwarding a report on the allegation to the independent agency or appropriate authority.

        (2)         If an allegation is referred to an appropriate authority under subsection (1), the Commission may, in the report or by subsequent written notice —

            (a)         recommend that the appropriate authority initiate and carry out an investigation into the allegation;

            (b)         make a recommendation to the appropriate authority as to the period within which an investigation should be carried out; and

            (c)         make such other recommendations to the appropriate authority as it thinks fit in relation to further action that should be carried out in relation to the allegation and the period within which it should be carried out.

        (3)         The Commission may from time to time, by written notice, amend a recommendation referred to in subsection (2).

        (4)         Despite having referred an allegation to an independent agency or appropriate authority under subsection (1), the Commission may at any time decide to itself carry out further action in relation to the allegation.

        (5)         Where an allegation has been referred to the Parliamentary Commissioner, subsection (4) does not apply unless the carrying out of further action by the Commission has been requested or agreed to by the Parliamentary Commissioner.

        [Section 22 ⁴ inserted as section 7HF by No. 29 of 1996 s. 18.]