Wheat Marketing Act 1989
5DCMinister may direct investigations
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5DC Minister may direct investigations
(1) If, in the Minister’s opinion, it is in the public interest for a particular matter to which subsection (2) applies to be investigated, the Minister may, by written notice given to the Commission, direct the Commission to investigate that matter. (2) This subsection applies to a matter relating to any of the following: (a) the operation of a pool mentioned in section 84; (b) the export of wheat by the designated company; (c) the export of wheat by a person other than the designated company; (d) the provision of services to the designated company, where those services relate to: (i) the operation of a pool mentioned in section 84; or (ii) the export of wheat; (e) the provision of services to a person other than the designated company, where those services relate to the export of wheat; (f) a function conferred on the Commission by this Act; (g) an alleged or suspected contravention of this Act. (3) It is immaterial whether a matter occurred before, at or after the commencement of this section. (4) The Commission must comply with a direction under subsection (1). Report on investigation (5) At the end of an investigation under this section, the Commission must prepare a report about the investigation. (6) A report under this section must set out: (a) the Commission’s findings about the matter investigated; and (b) the evidence and other material on which those findings are based; and (c) such other matters relating to, or arising out of, the investigation as: (i) the Commission thinks fit; or (ii) the Minister directs. Distribution of report (7) As soon as practicable after preparing a report under this section, the Commission must give a copy of the report to the Minister. (8) If a report, or a part of a report, under this section relates to an alleged or suspected contravention of a law of the Commonwealth or of a State or Territory, the Commission may give a copy of the whole or a part of the report to: (a) the Australian Federal Police; or (b) the police force of a State or Territory; or (c) the Australian Securities and Investments Commission; or (d) the Australian Prudential Regulation Authority; or (e) the Commissioner of Taxation; or (f) the Australian Competition and Consumer Commission; or (g) a prescribed agency. (9) If a report, or a part of a report, under this section relates to a person’s affairs to a material extent, the Commission may: (a) at the person’s request; or (b) on its own initiative; give the person a copy of the report or a part of the report. Publication of report (10) The Minister may cause the whole or a part of a report under this section to be published (whether on the Internet or otherwise), so long as the publication does not involve the disclosure of information that could reasonably be expected: (a) to cause financial loss or detriment to a person; or (b) to reduce the return for a pool mentioned in section 84.