QLDIn ForceAct
Crime and Corruption Act 2001
sec.49EProcess if charge recommended but not laid
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### sec.49E Process if charge recommended but not laid
This section applies if—
the director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B (2) (b) ; and
the written advice states that a prosecution should be commenced against the person for a corruption offence; and
the commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and
the prosecuting authority declines to commence a prosecution against the person for the offence.
The commission must inform the parliamentary committee and the parliamentary commissioner of the matters mentioned in subsection (1) .
s 49E ins 2024 No. 41 s 7
(sec.49E-ssec.1) This section applies if— the director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B (2) (b) ; and the written advice states that a prosecution should be commenced against the person for a corruption offence; and the commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and the prosecuting authority declines to commence a prosecution against the person for the offence.
(sec.49E-ssec.2) The commission must inform the parliamentary committee and the parliamentary commissioner of the matters mentioned in subsection (1) .
- (a) the director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B (2) (b) ; and
- (b) the written advice states that a prosecution should be commenced against the person for a corruption offence; and
- (c) the commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and
- (d) the prosecuting authority declines to commence a prosecution against the person for the offence.