Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (153 of 2015)

Schedule 11   Australian Commission for Law Enforcement Integrity

Law Enforcement Integrity Commissioner Act 2006

12   At the end of section 32

Add:

Deciding to take no further action

(8) The Integrity Commissioner may decide under subsection (2) to take no further action in relation to the corruption issue only if he or she is satisfied that:

(a) the corruption issue is already being, or will be, investigated by:

(i) a law enforcement agency; or

(ii) a government agency; or

(iii) an integrity agency for a State or Territory; or

(b) the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or

(c) an investigation of the corruption issue is not warranted having regard to all the circumstances.

(9) The Integrity Commissioner must advise the head of the law enforcement agency of a decision under subsection (2) to take no further action in relation to the corruption issue. That advice must be given:

(a) in writing; and

(b) as soon as reasonably practicable after the decision is made.

(10) This Act continues to apply to the head of the law enforcement agency, and that agency, in relation to the corruption issue unless the Integrity Commissioner advises otherwise:

(a) in the advice given under subsection (9); or

(b) in a later written advice given to the head of that agency.