Document ID: chunk:federal_register_of_legislation:F2024C00766:reg:176g
Version: federal_register_of_legislation:F2024C00766
Segment Type: reg
Provision Reference: reg 176G
Character Range: 204447–206443

176G  Discretion not to investigate
 (1) For the purposes of subsection 337CA(2) of the Act, any of the following circumstances are circumstances in which an authorised official (the investigator) may decide not to investigate a disclosure, or not to investigate a disclosure further, under Division 3 of Part 4A of Chapter 11 of the Act (the investigation provisions):
 (a) the information does not, to any extent, concern serious disclosable conduct;
 (b) the disclosure is frivolous or vexatious;
 (c) the discloser has informed the investigator that the discloser does not wish the investigation to be pursued, and the investigator is reasonably satisfied that there are no matters concerning the disclosure that warrant investigation;
 (d) it is impracticable for the disclosure to be investigated:
 (i) because the discloser's contact details have not been disclosed; or
 (ii) because the discloser refuses or fails, or is unable, to give, for the purposes of the investigation, such information or assistance as the investigator asks the discloser to give; or
 (iii) because of the age of the information;
 (e) column 1 of an item of the following table applies to the information, or the disclosable conduct that the information concerns, and any additional condition in column 2 of that item is satisfied.

Information or disclosable conduct that has been or is being dealt with adequately
Item                                                                                Column 1                                                                                                                                                                                               Column 2

                                                                                    Information or disclosable conduct                                                                                                                                                                     Additional condition