Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An investigation under this Division must be completed within 90 days after:
(a) in the case of an investigation following the initial allocation of the disclosure to the agency concerned--the day when the disclosure was initially allocated; or
(b) in the case of an investigation following the reallocation of the disclosure to the agency concerned--the day when the disclosure was reallocated; or
(c) in the case of a reinvestigation--the day when the principal officer of the agency concerned decided to reinvestigate the relevant disclosure; or
(d) to the extent that a stop action direction under the NACC Act prevented the investigation--the day when the principal officer becomes aware that the direction no longer applies.
Example: One situation in which a disclosure may be reallocated, or reinvestigated, is in response to a recommendation by the Ombudsman or the IGIS under section 55.
(2) The investigation is completed when the principal officer has prepared the report of the investigation.
(3) If the agency is not the IGIS or an intelligence agency, the Ombudsman may extend, or further extend, the 90 - day period by such additional period (which may exceed 90 days) as the Ombudsman considers appropriate:
(a) on the Ombudsman's own initiative; or
(b) if the agency is not the Ombudsman--on application made by the principal officer of the agency; or
(c) on application made by the discloser.
(a) the agency is the IGIS or an intelligence agency; or
(b) the agency is ACIC or the Australian Federal Police, and the disclosure relates to the intelligence functions of the agency;
the IGIS may extend, or further extend, the 90 - day period by such additional period (which may exceed 90 days) as the IGIS considers appropriate:
(c) on the IGIS's own initiative; or
(d) if the agency is not the IGIS--on application made by the principal officer of the agency; or
(e) on application made by the discloser.
(5) If the 90 - day period is extended, or further extended:
(a) the Ombudsman or the IGIS, as the case may be, must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and
(b) the principal officer of the agency must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.
(5A) Subsection (5) does not apply if contacting the discloser is not reasonably practicable.
(6) Failure to complete the investigation within the time limit
under this section does not affect the validity of the investigation.