sec.49BCommencing prosecution

### sec.49B Commencing prosecution This section applies if the commission intends reporting on a corruption investigation, under section 49 (2) (a) , to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against a person for a corruption offence arising from the investigation. Before the commission reports to the prosecuting authority, the commission must— provide a report on the investigation to the director of public prosecutions; and seek the written advice of the director of public prosecutions as to whether the person should be prosecuted for 1 or more corruption offences arising from the investigation and, if so, for which corruption offence or offences the person should be prosecuted. A report under subsection (2) (a) must contain, or be accompanied by, all relevant information known to the commission that— supports a charge that may be brought against the person; or supports a defence that may be available to the person. For subsection (3) , the reference to all relevant information known to the commission includes a reference to evidence, documents and things— obtained by the commission through the exercise of the commission’s powers under this Act; and that would, other than for the exercise of those powers, be unobtainable by the commission because of the operation of a privilege. Despite any other law, including sections 174 (2) and 255 , but subject to section 49C , the prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation only if— the commission has acted under subsection (2) in relation to the investigation; and the director of public prosecutions has given the commission written advice that the person should be prosecuted for the corruption offence. s 49B ins 2024 No. 41 s 7 (sec.49B-ssec.1) This section applies if the commission intends reporting on a corruption investigation, under section 49 (2) (a) , to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against a person for a corruption offence arising from the investigation. (sec.49B-ssec.2) Before the commission reports to the prosecuting authority, the commission must— provide a report on the investigation to the director of public prosecutions; and seek the written advice of the director of public prosecutions as to whether the person should be prosecuted for 1 or more corruption offences arising from the investigation and, if so, for which corruption offence or offences the person should be prosecuted. (sec.49B-ssec.3) A report under subsection (2) (a) must contain, or be accompanied by, all relevant information known to the commission that— supports a charge that may be brought against the person; or supports a defence that may be available to the person. (sec.49B-ssec.4) For subsection (3) , the reference to all relevant information known to the commission includes a reference to evidence, documents and things— obtained by the commission through the exercise of the commission’s powers under this Act; and that would, other than for the exercise of those powers, be unobtainable by the commission because of the operation of a privilege. (sec.49B-ssec.5) Despite any other law, including sections 174 (2) and 255 , but subject to section 49C , the prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation only if— the commission has acted under subsection (2) in relation to the investigation; and the director of public prosecutions has given the commission written advice that the person should be prosecuted for the corruption offence. - (a) provide a report on the investigation to the director of public prosecutions; and - (b) seek the written advice of the director of public prosecutions as to whether the person should be prosecuted for 1 or more corruption offences arising from the investigation and, if so, for which corruption offence or offences the person should be prosecuted. - (a) supports a charge that may be brought against the person; or - (b) supports a defence that may be available to the person. - (a) obtained by the commission through the exercise of the commission’s powers under this Act; and - (b) that would, other than for the exercise of those powers, be unobtainable by the commission because of the operation of a privilege. - (a) the commission has acted under subsection (2) in relation to the investigation; and - (b) the director of public prosecutions has given the commission written advice that the person should be prosecuted for the corruption offence.