Page:National Anti-Corruption Commission Act 2022.pdf/65

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Act in relation to the corruption issue, or any other corruption issue.

(3) The direction must be revoked if it is no longer so required.

Permission to take other action

(4) If the agency head requests the Commissioner to permit the taking of particular action, the Commissioner must:

(a) as soon as practicable after the request is made, decide whether to permit the taking of the action; and
(b) if the Commissioner refuses to permit the taking of the action—give the agency head written reasons for the refusal.

(5) However, the Commissioner need not give the reasons for a refusal if doing so would be likely to prejudice:

(a) any action the Commissioner has taken, or might take, under this Act in relation to the corruption issue, or any other corruption issue; or
(b) any action taken by any person as a result of a NACC Act process.

(6) A direction under subsection (1):

(a) is not a legislative instrument; and
(b) has effect despite any other law of the Commonwealth.

44 Action that can be taken without permission

(1) Despite any direction given by the Commissioner under subsection 43(1), the following action may be taken:

(a) action to prevent or lessen an imminent risk to the safety of a person, or to protect a person's life;
(b) action that is in the interests of the security, defence or international relations of Australia;
(c) action to prevent loss to the Commonwealth of an amount, greater than the amount (if any) prescribed by the regulations, which could not be recovered;
(d) other action for which it would be unreasonable in the circumstances to await any necessary permission.