18ALimitation on functions

18A Limitation on functions (1) The ICAC must not investigate an allegation of misconduct or unsatisfactory conduct unless: (a) the alleged misconduct or unsatisfactory conduct arises from the same matter that is the subject of an investigation into corrupt conduct or anti-democratic conduct; or

Independent Commissioner Against Corruption Act 2017 21 (b) the gravity of the matter is such that it warrants the use of the powers and resources given to the ICAC because: (i) the person alleged to have engaged in the misconduct or unsatisfactory conduct is or was an MLA or the Chief Executive Officer or head of a public body or a government owned corporation; or (ii) in the opinion of the ICAC, the alleged misconduct or unsatisfactory conduct would have a significant effect on the Territory; or (iii) the alleged misconduct or unsatisfactory conduct gives rise to a suspicion on the part of the ICAC of systemic misconduct or unsatisfactory conduct. (2) If during the course of an investigation, the ICAC becomes of the opinion that the investigation is likely to lead to a finding of no more than misconduct or unsatisfactory conduct, the ICAC must cease to investigate the matter, unless subsection (1)(a) or (b) applies to the matter. (3) To avoid doubt, the ICAC has discretion to determine, in accordance subsections (1) and (2), which matters to investigate or to continue to investigate under this Act.