49Investigative agency using separate investigative powers

49 Investigative agency using separate investigative powers

(1) Despite section 47, if the agency is an investigative agency that has a separate investigative power in relation to the disclosure, the principal officer of the agency may decide: (a) to investigate the disclosure under that separate investigative power; and (b) not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Act. (2) A separate investigative power, in relation to the disclosure, is a power that an investigative agency has, otherwise than under this Act, to investigate the disclosure.

Note 1: Under the Ombudsman Act 1976, the Ombudsman has power to investigate a disclosure allocated to the Ombudsman.

Note 2: Under the Inspector‑General of Intelligence and Security Act 1986, the IGIS has power to investigate a disclosure allocated to the IGIS.

(3) On completing its investigation of the disclosure under its separate investigative power, the investigative agency must inform: (a) the principal officers of each of the agencies to which any of the conduct disclosed relates; and (b) the discloser; that the investigation is complete. (4) Paragraph (3)(b) does not apply if contacting the discloser is not reasonably practicable.