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Law Enforcement (AFP Professional Standards and Related Measures) Act 2006
53At the end of section 6
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53 At the end of section 6
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(20) If the Ombudsman forms the opinion:
(a) that a complaint includes information about an AFP conduct issue or an AFP practices issue; and
(b) that the information could have been given under section 40SA of the Australian Federal Police Act 1979 and the issue could be more conveniently or effectively dealt with under Part V of that Act;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to give the information to the AFP Commissioner under that section of that Act.
(21) If the Ombudsman makes a decision under subsection (20), the Ombudsman must:
(a) give the information to the AFP Commissioner under section 40SA of the Australian Federal Police Act 1979 as soon as is reasonably practicable; and
(b) give the AFP Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the AFP Commissioner to be dealt with under that Act.