(1) The Information Commissioner may, on the Commissioner's own motion, conduct an investigation in respect of—
(a) the performance or exercise of a function or obligation, under this Act, by an agency or principal officer; or
(b) the failure to perform or exercise a function or obligation, under this Act, by an agency or principal officer; or
(c) the purported performance or purported exercise of a function or obligation, under this Act, by an agency or principal officer.
(2) The Information Commissioner may not conduct an investigation in respect of—
(a) any action taken or a failure to take an action by—
(i) a Minister; or
(ii) a person employed as a Ministerial officer under Part 6 of the Public Administration Act 2004 ; or
(b) any action taken or a failure to take an action by an agency or principal officer, in the performance or purported performance of a Minister's functions or obligations under this Act.
S. 61P inserted by No. 20/2017 s. 66.