Div 6Record keeping

Division 6—Record keeping 40WA  Record keeping  (1) The Commissioner must ensure that adequate records are kept for the purposes of this Part.  (2) Without limiting subsection (1), the Commissioner must ensure that records are kept of:  (a) information that is given under section 40SA; and  (b) the action (if any) that is taken in relation to the AFP conduct or practices issue raised by that information; and  (c) if the issue is an AFP conduct issue—the action (if any) that is taken in relation to any AFP practices issue that is:  (i) brought, under section 40TK, to the attention of an AFP appointee; or  (ii) identified, under section 40TW, in a report prepared under section 40TU;   as a result of the AFP conduct issue being dealt with under this Part.  (3) Subsection (2) does not apply if subsection 40SC(2) (which deals with category 1 conduct issues that are resolved without being recorded) applies to the information.  (4) The Integrity Commissioner is entitled to have access to the records kept under this section for the purposes of performing the Integrity Commissioner’s functions.  (5) Without limiting section 40XC, the Ombudsman is entitled to have access to the records kept under this section for the purposes of performing the Ombudsman’s functions. 40WB  Records about corruption issues  (1) The Integrity Commissioner may direct the Commissioner that access to information about a corruption issue is to be restricted in the way specified in the direction. Note: For example, the Integrity Commissioner might direct that the information that would otherwise be entered on a database is not to be entered on the database or that, if the information is entered on a database, access to the information on the database is to be restricted in some way.  (2) The Commissioner must comply with the direction.