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Independent Commission Against Corruption Act 1988
74BReport not to include findings etc of guilt or recommending prosecution
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#### 74B Report not to include findings etc of guilt or recommending prosecution
74B Report not to include findings etc of guilt or recommending prosecution
> > (1) The Commission is not authorised to include in a report under section 74 a statement as to—
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> > > (a) a finding or opinion that a specified person is guilty of or has committed, is committing or is about to commit a criminal offence or disciplinary offence (whether or not a specified criminal offence or disciplinary offence), or
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> > > (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence (whether or not a specified criminal offence or disciplinary offence).
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> > (2) A finding or opinion that a person has engaged, is engaging or is about to engage—
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> > > (a) in corrupt conduct (whether or not specified corrupt conduct), or
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> > > (b) in specified conduct (being conduct that constitutes or involves or could constitute or involve corrupt conduct),
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> > is not a finding or opinion that the person is guilty of or has committed, is committing or is about to commit a criminal offence or disciplinary offence.
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> > (3) In this section and section 74A, criminal offence and disciplinary offence have the same meanings as in section 9.
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> **s 74B:** Ins 1990 No 80, Sch 1 (10).