Page:National Anti-Corruption Commission Act 2022.pdf/59

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notify the discloser of the PID officer's referral of the issue under this section.

36 Mandatory referral—secrecy protection provisions

The obligation to refer a corruption issue under this Division applies despite any secrecy provision (other than an exempt secrecy provision).

37 Mandatory referral—exceptions

(1) A person is not required to refer a corruption issue under this Division if:

(a) the person believes on reasonable grounds that the Commissioner or the IGIS, as relevant, is already aware of the issue; or
(b) a determination made by the Commissioner provides that referral is not required because of the kind of corruption issue involved or the circumstances in which it arises.

(2) The Commissioner may, in writing, determine corruption issues and circumstances for the purposes of paragraph (1)(b).

(3) A determination under subsection (2) is not a legislative instrument.

38 Mandatory referral—timing and information requirements

Timing requirements

(1) A person who is required to refer a corruption issue under this Division must do so as soon as reasonably practicable after becoming aware of the issue or within such later time as is allowed by the Commissioner.

Information requirements

(2) A person who is required to refer a corruption issue under this Division must include with the referral all information relevant to