Document ID: chunk:federal_register_of_legislation:C2023C00156:section:40tf:p1
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 40TF (pt 1/2)
Character Range: 153861–156450

40TF  Discretion to take no further action in relation to AFP conduct or practices issue
 (1) This section applies if:
 (a) a person gives information under section 40SA that raises:
 (i) an AFP conduct issue in relation to conduct engaged in by an AFP appointee; or
 (ii) an AFP practices issue in relation to a practice or procedure of the AFP; or
 (b) the Commissioner decides under section 40SD that an AFP conduct issue in relation to an AFP appointee is to be dealt with under this Part.
 (2) The Commissioner may determine that no further action is to be taken under this Part in relation to the issue if the Commissioner is satisfied that:
 (a) the person became aware of the conduct, or the practice or procedure, more than 12 months before the person gave the information under section 40SA; or
 (b) appropriate action has already been taken:
 (i) against the AFP appointee in relation to the conduct; or
 (ii) in relation to the practice or procedure; or
 (c) the person giving the information has exercised a right to have the conduct, or the practice or procedure, reviewed by a court or tribunal constituted by or under a law and there is no special reason to take further action in relation to the conduct or the practice or procedure; or
 (d) the person giving the information has a right to have the conduct, or the practice or procedure, reviewed by a court or tribunal constituted by or under a law but has not exercised that right and, having regard to all the circumstances, it would be reasonable for the person to have exercised that right; or
 (e) the giving of the information is frivolous or vexatious; or
 (f) the information is trivial; or
 (g) the person giving the information did not give the information in good faith; or
 (h) the person giving the information does not have a sufficient interest in the AFP conduct issue or the AFP practices issue; or
 (i) the conduct:
 (i) occurred when the AFP appointee was not on duty; or
 (ii) was private conduct of the AFP appointee;
  and was lawful and reasonable in the circumstances; or
 (j) the person giving the information is an AFP appointee, or has been an AFP appointee, and the information relates to action taken in relation to that AFP appointee as a result of information that was given and dealt with under this Part; or
 (k) the investigation, or further investigation, of the issue is not warranted having regard to all the circumstances; or
 (l) any other condition specified in the regulations for the purposes of this paragraph is satisfied.

Subdivision C—Dealing with category 1 and category 2