42Preliminary investigations by Commissioner

#### 42 Preliminary investigations by Commissioner Application (1) This section applies if the Commissioner considers it necessary or desirable to conduct a preliminary investigation for any of the following purposes: (a) to confirm the existence or nature of a corruption issue (including whether a corruption issue could involve corrupt conduct that is serious or systemic); (b) to assist the Commissioner to decide whether or how to deal with a corruption issue. Exercise of certain Part 7 powers for preliminary investigations (2) The Commissioner may exercise the following Part 7 powers as if the preliminary investigation mentioned in subsection (1) were a corruption investigation: (a) the power, under subsection 57(2), to direct the head of a Commonwealth agency to give information, or a document or a thing, to the Commissioner; (b) the power, under subsection 58(2) as modified by subsection (3) of this section, to serve a notice to produce on a person requiring the person to give information, or a document or thing, to a specified staff member of the NACC. (3) The modifications are as follows: (a) the Commissioner may not issue a post‑charge or a post‑confiscation notice to produce under this section; and (b) subsection 58(6) does not apply to a notice to produce given under this section. (4) To avoid doubt, the other provisions of this Act continue to apply in relation to the exercise of powers under subsections 57(2) and 58(2) for the purpose of conducting a preliminary investigation under this section. Commissioner may have regard to other material (5) This section does not limit the information, documents or things to which the Commissioner may have regard in making a decision about whether or how to deal with a corruption issue.