Commonwealth Consolidated Acts

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PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 49

Investigative agency using separate investigative powers

  (1)   Despite section   47, if the agency is an investigative agency that has a separate investigative power in relation to the disclosure, the principal officer of the agency may decide:

  (a)   to investigate the disclosure under that separate investigative power; and

  (b)   not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Act.

  (2)   A separate investigative power , in relation to the disclosure, is a power that an investigative agency has, otherwise than under this Act, to investigate the disclosure.

Note 1:   Under the Ombudsman Act 1976 , the Ombudsman has power to investigate a disclosure allocated to the Ombudsman.

Note 2:   Under the Inspector - General of Intelligence and Security Act 1986 , the IGIS has power to investigate a disclosure allocated to the IGIS.

  (3)   On completing its investigation of the disclosure under its separate investigative power, the investigative agency must inform:

  (a)   the principal officers of each of the agencies to which any of the conduct disclosed relates; and

  (b)   the discloser;

that the investigation is complete.

  (4)   Paragraph   (3)(b) does not apply if contacting the discloser is not reasonably practicable.


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