sec.346Existing investigations by assessor

### sec.346 Existing investigations by assessor This section applies if— before the commencement— the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and immediately before the commencement, the assessor had not made a decision about the conduct under former section 150W. On the commencement— if an investigation had not started before the commencement—the assessor is not required to start the investigation under former chapter 5A, part 3, division 4; and if an investigation had been started before the commencement—the investigation is taken never to have been started; and the assessor must make a preliminary assessment of the matter under new chapter 5A, part 3, division 3A or section 150SF as if it were a matter mentioned in section 150SA. In making the preliminary assessment or conducting any further investigation of the matter— new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and the assessor may consider information obtained by the assessor during any investigation of the councillor’s conduct before the commencement. s 346 ins 2023 No. 30 s 102 (sec.346-ssec.1) This section applies if— before the commencement— the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and immediately before the commencement, the assessor had not made a decision about the conduct under former section 150W. (sec.346-ssec.2) On the commencement— if an investigation had not started before the commencement—the assessor is not required to start the investigation under former chapter 5A, part 3, division 4; and if an investigation had been started before the commencement—the investigation is taken never to have been started; and the assessor must make a preliminary assessment of the matter under new chapter 5A, part 3, division 3A or section 150SF as if it were a matter mentioned in section 150SA. (sec.346-ssec.3) In making the preliminary assessment or conducting any further investigation of the matter— new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and the assessor may consider information obtained by the assessor during any investigation of the councillor’s conduct before the commencement. - (a) before the commencement— (i) the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or (ii) the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or (iii) the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and - (i) the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or - (ii) the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or - (iii) the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and - (b) immediately before the commencement, the assessor had not made a decision about the conduct under former section 150W. - (i) the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or - (ii) the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or - (iii) the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and - (a) if an investigation had not started before the commencement—the assessor is not required to start the investigation under former chapter 5A, part 3, division 4; and - (b) if an investigation had been started before the commencement—the investigation is taken never to have been started; and - (c) the assessor must make a preliminary assessment of the matter under new chapter 5A, part 3, division 3A or section 150SF as if it were a matter mentioned in section 150SA. - (a) new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and - (b) the assessor may consider information obtained by the assessor during any investigation of the councillor’s conduct before the commencement.