Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40vb
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40VB
Character Range: 58996–60663

40VB  Manner of conducting investigation or inquiry

 (1) The investigation or inquiry is to be conducted, subject to this Division, in such manner as the investigator thinks fit.

 (2) If the Ombudsman makes an arrangement with the Commissioner under section 8D of the Ombudsman Act 1976 in relation to the investigation of the issue, the investigator must:
 (a) investigate the issue jointly with the Ombudsman; and
 (b) investigate the issue in accordance with the arrangement.

 (3) If:
 (a) the investigator is investigating a category 3 conduct issue or a corruption issue; and
 (b) the head of the unit constituted under section 40RD allocated the issue to the investigator;
the head of that unit may give the investigator directions as to the manner in which the investigation is to be conducted and the investigator must comply with those directions.

 (4) Subsection (3) has effect subject to subsection (2).

 (5) If:
 (a) the investigator is investigating a category 3 conduct issue or a corruption issue; and
 (b) the Commissioner allocated the issue to the investigator;
the Commissioner may give the investigator directions as to the manner in which the investigation is to be conducted and the investigator must comply with those directions.

 (6) Subsection (5) has effect subject to subsection (2).

 (7) If the investigator is conducting an inquiry under Division 4, the Minister may give the investigator directions as to the manner in which the investigation is to be conducted and the investigator must comply with those directions.

 (8) A direction given to the investigator under subsection (3), (5) or (7) is not a legislative instrument.