Page:National Anti-Corruption Commission Act 2022.pdf/64

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(a) the power, under subsection 57(2), to direct the head of a Commonwealth agency to give information, or a document or a thing, to the Commissioner;
(b) the power, under subsection 58(2) as modified by subsection (3) of this section, to serve a notice to produce on a person requiring the person to give information, or a document or thing, to a specified staff member of the NACC.

(3) The modifications are as follows:

(a) the Commissioner may not issue a post-charge or a post-confiscation notice to produce under this section; and
(b) subsection 58(6) does not apply to a notice to produce given under this section.

(4) To avoid doubt, the other provisions of this Act continue to apply in relation to the exercise of powers under subsections 57(2) and 58(2) for the purpose of conducting a preliminary investigation under this section.

Commissioner may have regard to other material

(5) This section does not limit the information, documents or things to which the Commissioner may have regard in making a decision about whether or how to deal with a corruption issue.

43 Commissioner's directions about further action

Directions to stop action

(1) The Commissioner may direct an agency head to stop the agency taking specified action in relation to a corruption issue that concerns the agency, unless the action is permitted by the Commissioner.

(2) However, the direction may be given only if:

(a) the Commissioner has consulted with the agency head about giving the direction; and
(b) the direction is required to ensure the effectiveness of any action the Commissioner has taken, or might take, under this