46Circumstances in which special investigation to be conducted

#### 46 Circumstances in which special investigation to be conducted (1) Where the Commissioner informs the Ombudsman, or the Ombudsman informs the Commissioner, that he or she is satisfied that a complaint: (b) concerns action taken by an AFP appointee serving in the Investigation Division; or (c) is, for any other reason, not appropriate for investigation or further investigation by the Investigation Division; the complaint shall be investigated: (d) if the Commissioner and the Ombudsman so agree or the Minister so determines under subsection (2)—by the Ombudsman under Part III; (e) if the Commissioner and the Ombudsman so agree—under this Part, in accordance with arrangements made by the Commissioner, by a person agreed to by the Commissioner and the Ombudsman; or (f) if the Minister so determines under subsection (2)—under this Part, in accordance with arrangements made by the Commissioner, by a person specified by the Minister in the determination. (2) Where the Commissioner and the Ombudsman are unable to reach agreement in respect of a complaint to which subsection (1) applies that the complaint be investigated by the Ombudsman or by some other person who is available to conduct the investigation, they shall report accordingly to the Minister who, subject to subsection (4), shall determine whether the complaint is to be investigated by the Ombudsman or by another person who is available to conduct the investigation of the complaint. (3) The Ombudsman or other person required to investigate a complaint under subsection (1): (a) may, if he or she is of the opinion that an inquiry that is being, or is to be held under section 50 is likely to be concerned with any matter to which the complaint relates, defer or suspend his or her investigation of the complaint until that inquiry has been completed; and (b) may, after considering the report of the results of an inquiry under section 50 into any matter to which the complaint relates, determine that the complaint should not be investigated or further investigated by him or her. (4) Where the Minister, upon receipt of a report under subsection (2) in respect of a complaint, is of the opinion that any inquiry that is being, or is to be, held under section 50 is likely to be concerned with any matter to which the complaint relates: (a) he or she may defer making a determination under subsection (2) until that inquiry has been completed; and (b) if, after considering the report of the results of the inquiry and consulting with the Ombudsman, he or she is satisfied that the matters to which the complaint relates have been adequately inquired into, he or she may determine that the complaint need not be investigated further. (5) Subsection 25(1) does not apply in relation to the investigation of a complaint by the Ombudsman in pursuance of subsection (1). (6) Nothing in this section shall be taken to prevent the Commissioner from taking action, or causing action to be taken, to prevent the loss, destruction or fabrication of evidence relating to a complaint that may be, or is being, investigated in accordance with arrangements made under this section.