Document ID: chunk:federal_register_of_legislation:C2025C00049:section:220:p1
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 220 (pt 1/2)
Character Range: 267011–269932

220  Inspector to give copies of reports to certain persons
 (1) The Inspector must give the Commissioner, the CEO and the person referred to in subsection (2):
 (a) the NACC investigation report; and
 (b) if a protected information report is prepared in relation to the investigation—the protected information report.
 (2) For the purposes of subsection (1), the person is:
 (a) if the NACC investigation report relates to a NACC corruption investigation that concerned the conduct of the Minister—the Prime Minister; or
 (b) otherwise—the Minister.
 (3) Subject to subsection (5), the Inspector:
 (a) must give a copy of a NACC investigation report relating to a NACC corruption investigation; and
 (b) may give a copy of a protected information report relating to the NACC corruption investigation;
to the following persons:
 (c) for a NACC corruption investigation concerning the conduct of a current Minister—the Prime Minister;
 (d) for a NACC corruption investigation concerning the conduct of a staff member of a Commonwealth agency—the head of the agency and the person mentioned in subsection (4);
 (e) for a NACC corruption investigation concerning the conduct of the head of a Commonwealth agency:
 (i) the person mentioned in subsection (4); and
 (ii) if the head of the Commonwealth agency is an Agency Head (within the meaning of the Public Service Act 1999)—the Australian Public Service Commissioner;
 (f) for a NACC corruption investigation concerning the conduct of a senator—the President of the Senate;
 (g) for a NACC corruption investigation concerning the conduct of a member of the House of Representatives—the Speaker of the House of Representatives.
Note: A parliamentary office is a type of Commonwealth agency and the parliamentarian is the head of the agency (see subsection 11(1)).
 (4) For the purposes of paragraphs (3)(d) and (e), the person is:
 (a) if the Commonwealth agency is a Department of the Parliament established under the Parliamentary Service Act 1999:
 (i) for the Department of the Senate—the President of the Senate; or
 (ii) for the Department of the House of Representatives—the Speaker of the House of Representatives; or
 (iii) otherwise—both the President of the Senate and the Speaker of the House of Representatives; or
 (b) if the Commonwealth agency is established or continued in existence by an Act and paragraph (a) does not apply—the Minister administering that Act; or
 (c) if the Commonwealth agency is a Commonwealth entity and neither paragraph (a) nor paragraph (b) applies—the Minister having general responsibility for the activities of the entity.
 (5) The Inspector must exclude the following from a protected information report given under paragraph (3)(b):
 (a) section 235 certified information, if the disclosure of the information would contravene the certificate issued under section 235;
 (b) information that the Inspector is satisfied:
 (i)