Document ID: chunk:federal_register_of_legislation:C2024C00616:section:43:p3
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 43 (pt 3/3)
Character Range: 88089–90610

another agency in the same portfolio as the recipient agency (for example, the recipient agency's portfolio Department) if the authorised officer considers that the other agency would be better able to handle the disclosure.
Note: The disclosure cannot be allocated to an agency other than the recipient agency without the consent of the other agency, or (if the allocation is made by an authorised officer belonging to an investigative agency) consultation with the other agency: see subsection (9).

Agency consultation or consent
 (9) The authorised officer may allocate the disclosure to an agency other than the recipient agency only if:
 (a) in a case in which the authorised officer belongs to an investigative agency—the authorised officer has consulted with an authorised officer in the agency to which the disclosure is to be allocated; or
 (b) in any other case—an authorised officer in the agency to which the disclosure is to be allocated has consented to the allocation.

Obtaining information
 (10) For the purposes of making a decision about the allocation of the disclosure, the authorised officer may obtain information from such persons, and make such inquiries, as the authorised officer thinks fit.
Note: This subsection authorises an authorised officer to obtain information, and to make inquiries, only for the purposes of deciding to which agency (if any) a disclosure is to be allocated.

14‑day deadline
 (11) The authorised officer must use the officer's best endeavours to make a decision about the allocation of the disclosure within 14 days after whichever of the following days applies:
 (a) if no previous decision has been made about the allocation—the day the disclosure is made or given to an authorised officer;
 (b) if the decision is made following the reconsideration of a previous decision about the allocation in response to a recommendation by the Ombudsman or the IGIS under section 55—the day the principal officer of the recipient agency receives the recommendation under that section;
 (c) to the extent that a stop action direction under the NACC Act prevented the allocation of the disclosure—the day when the authorised officer becomes aware that the direction no longer applies.

Stop action direction under the NACC Act
 (12) This section has effect subject to any stop action direction under the NACC Act.
Note: An authorised officer who is prevented from allocating a disclosure by such a direction must notify the Ombudsman or the IGIS, as relevant (see section 44B).