42Reconsidering how to deal with a corruption issue

#### 42 Reconsidering how to deal with a corruption issue (1) The Integrity Commissioner may, at any time, reconsider how a particular corruption issue should be dealt with. (2) On that reconsideration, the Integrity Commissioner may: (a) if the corruption issue is not being dealt with in one of the ways referred to in subsection 26(1) or 29(6)—decide to deal with the corruption issue in one of the ways referred to in those subsections; or (b) if the corruption issue is being dealt with in one of the ways referred to in subsection 26(1) or 29(6)—decide to deal with the corruption issue in another of the ways referred to in those subsections, or to take no further action in relation to the corruption issue. (3) The Integrity Commissioner may decide under subsection (2) to take no further action in relation to the corruption issue only if he or she is satisfied that: (a) the corruption issue is already being, or will be, investigated by: (i) a law enforcement agency; or (ii) a government agency; or (iii) an integrity agency for a State or Territory; or (b) the referral of the allegation, or information, that raises the corruption issue is frivolous or vexatious; or (d) the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or (e) further investigation of the corruption issue is not warranted having regard to all the circumstances. (4) If, on that reconsideration, the Integrity Commissioner decides to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may direct the head of the law enforcement agency to which the corruption issue relates that the agency is not to investigate the corruption issue. (5) A direction under subsection (4) is not a legislative instrument.