(2) If action is taken relying on subsection (1), the agency head must:
- (a) as soon as practicable, but no later than 48 hours after the action is taken, provide details of the action to the Commissioner; and
- (b) take reasonable steps to:
- (i) ensure that the action does not prejudice the investigation of a corruption issue or any other NACC Act process; and
- (ii) preserve evidence that is, or could be, relevant for the purposes of conducting a NACC Act process.
45 Previous investigations by Commonwealth integrity agencies
Application
(1) This section applies if the Commissioner is aware that a Commonwealth integrity agency has previously concluded an investigation into a matter regarding the conduct of a public official.
Corruption investigation threshold—public interest
(2) The Commissioner may commence a corruption investigation into a corruption issue involving the conduct only if the Commissioner is satisfied that it is in the public interest to do so.
(3) The Commissioner may have regard to the following matters in making the decision:
- (a) the significance of the corruption issue;
- (b) the details of the investigation undertaken by the Commonwealth integrity agency (to the extent that those details are known by, or made available to, the Commissioner and the Commissioner considers them relevant);
- (c) any conclusions or findings (however described) of the integrity agency in relation to the corruption issue;
- (d) whether the Commissioner has any new evidence in relation to the corruption issue that:
- (i) was not available to the integrity agency; and
