17Procedure on investigation

17 Procedure on investigation

(1)  Before commencing an investigation under this Act, the Commissioner may give notice, of the Commissioner’s intention to conduct the investigation, to either or both of the following:

(a) the person or body that is the subject of the investigation;

(b) if the investigation is commenced as the consequence of a complaint or allegation, the person making the complaint or allegation.

(2)  Subject to this Act, the Commissioner –

(a) may make any investigations that the Commissioner considers appropriate; and

(b) may conduct an investigation in any manner that the Commissioner considers appropriate, including in private; and

(c) must observe the rules of natural justice.

(3)  If the Commissioner considers that a matter raised with the Commissioner for investigation, or a matter raised by or during the course of an investigation, should be investigated by another person that has functions under any law of Tasmania, another State, a Territory or the Commonwealth, the Commissioner may do either or both of the following:

(a) refer the matter to the other person (as the case requires) for investigation;

(b) refuse to investigate the matter.

(4)  If the Commissioner has a direct or indirect interest in a matter being considered, or about to be considered, in an investigation, the Commissioner must –

(a) delegate the matter to another person for investigation; or

(b) if appropriate, refer the matter for investigation by another person or body under subsection (3) .

(5)  Subject to subsection (6) and section 16 , the Commissioner's powers to investigate a matter are not affected by the matter having been referred under subsection (3) to another person for investigation.

(6)  Subject to section 16 , the Commissioner must conduct an investigation into a matter relating to integrity, or animal welfare, in racing referred to the Commissioner by the TRAB.