37Mandatory referral—exceptions

#### 37 Mandatory referral—exceptions (1) A person is not required to refer a corruption issue under this Division if: (a) the person believes on reasonable grounds that the Commissioner or the IGIS, as relevant, is already aware of the issue; or (b) a determination made by the Commissioner provides that referral is not required because of the kind of corruption issue involved or the circumstances in which it arises. (2) The Commissioner may, in writing, determine corruption issues and circumstances for the purposes of paragraph (1)(b). (3) A determination under subsection (2) is not a legislative instrument.