Limitation on commission’s findings, recommendations and statements
48B Limitation on commission’s findings, recommendations and statements
Despite any other law, including sections 46, 64, 64A and 65A, the commission must not—
make any finding or statement that a person has or has not engaged in, or is or is not engaging in or about to engage in, corruption; or
make any finding, recommendation or statement that—
a person should be prosecuted for a criminal offence or be the subject of disciplinary action; or
prosecution proceedings or disciplinary action should be considered in relation to a person; or
make any finding or statement that there is evidence, or insufficient evidence, supporting the start of a proceeding against a person.
However, subsection (1)(b)(ii) and (c) does not apply in relation to—
a report under division 5 or a proceeding relating to the report; or
any information or document that the commission is required to provide to the parliamentary committee or parliamentary commissioner.
To remove any doubt, it is declared that subsection (1) does not prevent the commission making a factual statement—
about a matter or thing that is already in the public domain; or
to indicate that the commission has reported on a corruption investigation under division 5.
This Act’s bill:Explanatory memorandum
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