44Action that can be taken without permission

44 Action that can be taken without permission

(1) Despite any direction given by the Commissioner under subsection 43(1), the following action may be taken: (a) action to prevent or lessen an imminent risk to the safety of a person, or to protect a person’s life; (b) action that is in the interests of the security, defence or international relations of Australia; (c) action to prevent loss to the Commonwealth of an amount, greater than the amount (if any) prescribed by the regulations, which could not be recovered; (d) other action for which it would be unreasonable in the circumstances to await any necessary permission. (2) If action is taken relying on subsection (1), the agency head must: (a) as soon as practicable, but no later than 48 hours after the action is taken, provide details of the action to the Commissioner; and (b) take reasonable steps to: (i) ensure that the action does not prejudice the investigation of a corruption issue or any other NACC Act process; and (ii) preserve evidence that is, or could be, relevant for the purposes of conducting a NACC Act process.