sec.49CCommencing prosecution in exceptional circumstances

### sec.49C Commencing prosecution in exceptional circumstances The prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation without the commission acting under section 49B (2) if, in the opinion of the authority, there are exceptional circumstances. an emergent situation where an immediate arrest is essential If the prosecuting authority commences a prosecution against the person in the circumstances mentioned in subsection (1) , the commission must, as soon as reasonably practicable— provide a report on the investigation to the director of public prosecutions; and seek the written advice of the director of public prosecutions in relation to the charge against the person. A report under subsection (2) (a) must contain, or be accompanied by, the information mentioned in section 49B (3) . As soon as reasonably practicable after receiving the written advice of the director of public prosecutions, the commission must give a copy of the written advice— to the prosecuting entity; and if the written advice relates to a prosecution for an offence under the Criminal Code , section 57 —to the Attorney-General. As soon as reasonably practicable after receiving the written advice, the prosecuting entity must— inform the person and the court before which the person is required to attend that the written advice has been received by the commission; and either— if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. amend or withdraw the charge Subsection (4) (a) does not apply if the prosecuting entity is the director of public prosecutions. s 49C ins 2024 No. 41 s 7 (sec.49C-ssec.1) The prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation without the commission acting under section 49B (2) if, in the opinion of the authority, there are exceptional circumstances. an emergent situation where an immediate arrest is essential (sec.49C-ssec.2) If the prosecuting authority commences a prosecution against the person in the circumstances mentioned in subsection (1) , the commission must, as soon as reasonably practicable— provide a report on the investigation to the director of public prosecutions; and seek the written advice of the director of public prosecutions in relation to the charge against the person. (sec.49C-ssec.3) A report under subsection (2) (a) must contain, or be accompanied by, the information mentioned in section 49B (3) . (sec.49C-ssec.4) As soon as reasonably practicable after receiving the written advice of the director of public prosecutions, the commission must give a copy of the written advice— to the prosecuting entity; and if the written advice relates to a prosecution for an offence under the Criminal Code , section 57 —to the Attorney-General. (sec.49C-ssec.5) As soon as reasonably practicable after receiving the written advice, the prosecuting entity must— inform the person and the court before which the person is required to attend that the written advice has been received by the commission; and either— if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. amend or withdraw the charge (sec.49C-ssec.6) Subsection (4) (a) does not apply if the prosecuting entity is the director of public prosecutions. - (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 in relation to the charge against the person. - (a) to the prosecuting entity; and - (b) if the written advice relates to a prosecution for an offence under the Criminal Code , section 57 —to the Attorney-General. - (a) inform the person and the court before which the person is required to attend that the written advice has been received by the commission; and - (b) either— (i) if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or (ii) if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. Examples of steps— amend or withdraw the charge - (i) if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or - (ii) if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. Examples of steps— amend or withdraw the charge - (i) if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or - (ii) if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. Examples of steps— amend or withdraw the charge