Process if charge recommended but not laid
49E Process if charge recommended but not laid
This section applies if—
the director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B(2)(b); and
the written advice states that a prosecution should be commenced against the person for a corruption offence; and
the commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and
the prosecuting authority declines to commence a prosecution against the person for the offence.
The commission must inform the parliamentary committee and the parliamentary commissioner of the matters mentioned in subsection (1).
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