Div 4Ministerially directed inquiries

Division 4—Ministerially directed inquiries 40UA  Minister may arrange special inquiries  (1) The Minister may, if he or she thinks it appropriate to do so, arrange for an inquiry to be held, by such person or persons, and in such manner, as he or she determines, concerning:  (a) any conduct engaged in by an AFP appointee; or  (b) any matter relating to the practices or procedures of the Australian Federal Police; or  (c) any other matter relating to the Australian Federal Police.  (2) Subsection (1) applies even if:  (a) the conduct referred to in paragraph (1)(a) is:  (i) being dealt with under Division 3; or  (ii) the subject of a complaint made to the Ombudsman; or  (b) the matter referred to in paragraph (1)(b) is:  (i) a practice or procedure that is being dealt with under Division 3; or  (ii) the subject of a complaint made to the Ombudsman. 40UB  Minister to inform certain persons and bodies of inquiry  (1) If the Minister arranges under section 40UA for an inquiry to be held into any conduct or other matter, the Minister must inform the following of the inquiry:  (a) the Ombudsman;  (b) the Integrity Commissioner;  (c) such other persons or bodies as the Minister considers appropriate.  (2) The Minister must inform those people, and those bodies, of:  (a) the fact that the inquiry will be held; and  (b) the conduct or matter into which the inquiry is to be held; and  (c) the person or persons who are to conduct the inquiry; and  (d) the manner in which the inquiry will be held. 40UC  Division 3 investigation may be suspended pending outcome of inquiry  (a) the Minister arranges under section 40UA for an inquiry to be held into conduct or a matter; and  (b) the conduct or matter is being dealt with, or is about to be dealt with, under Division 3.  (2) The Commissioner may suspend further action in relation to the conduct or matter under Division 3 until the inquiry has been completed.  (3) If the Commissioner:  (a) receives a report in relation to the inquiry; and  (b) is satisfied, having considered that report, that it is appropriate to do so; the Commissioner may terminate the investigation of the conduct or matter under Division 3.  (4) If the conduct or matter is being dealt with under Division 3 jointly by the Ombudsman and the Australian Federal Police, the Commissioner may take action under subsection (2) or (3) only after consulting the Ombudsman. 40UD  Reports of special inquiries  (1) If an inquiry is held in accordance with arrangements made under section 40UA, the person holding the inquiry:  (a) must report to the Minister the results of the inquiry; and  (b) may make such recommendations (if any) arising out of the inquiry as the person considers appropriate.  (2) On receipt of a report of the results of an inquiry held in accordance with arrangements made under section 40UA, the Minister may cause such action to be taken, arising out of the Minister’s consideration of the report, as he or she thinks fit.  (3) Without limiting subsection (2), the Minister may do one or more of the following:  (a) give a copy of the report to the Commissioner;  (b) give a copy of the report to the Ombudsman;  (c) give a copy of the report to the Integrity Commissioner;  (d) recommend to the Commissioner that the Commissioner consider directing that training and development action be taken in relation to an AFP appointee;  (e) recommend to the Commissioner that the Commissioner consider directing that remedial action be taken in relation to an AFP appointee;  (f) recommend to the Commissioner that the Commissioner consider directing that termination action be taken in relation to an AFP appointee;  (g) recommend that an AFP appointee be charged with a criminal offence;  (h) refer a corruption issue in relation to an AFP appointee to the Integrity Commissioner.