Division 2(1) The Commission may conduct an investigation on its own initiative, on a complaint made to it, on a report made to it or on a reference made to it.(2) The Commission may conduct an investigation even though no particular public official or other person has been implicated.(3) The Commission may, in considering whether or not to conduct, continue or discontinue an investigation (other than in relation to a matter referred by both Houses of Parliament), have regard to such matters as it thinks fit, including whether or not (in the Commission’s opinion):(a) the subject-matter of the investigation is trivial, or(b) the conduct concerned occurred at too remote a time to justify investigation, or(c) if the investigation was initiated as a result of a complaint—the complaint was frivolous, vexatious or not in good faith.(4) (Repealed)(5) If the Commission decides to discontinue or not to commence an investigation of a complaint or report made to it, the Commission must inform the complainant or officer who made the report in writing of its decision and the reasons for it.
20A Preliminary investigations
(1) An investigation may be in the nature of a preliminary investigation.(2) A preliminary examination can be conducted, for example, for the purpose of assisting the Commission:(a) to discover or identify conduct that might be made the subject of a more complete investigation under this Act, or(b) to decide whether to make particular conduct the subject of a more complete investigation under this Act.(3) Nothing in this section affects any other provision of this Act.
21 Power to obtain information
(1) For the purposes of an investigation, the Commission may, by notice in writing served on a public authority or public official, require the authority or official to produce a statement of information.(2) A notice under this section must specify or describe the information concerned, must fix a time and date for compliance and must specify the person (being the Commissioner, an Assistant Commissioner or any other officer of the Commission) to whom the production is to be made.(3) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the public authority or public official and may, but need not, specify the person or class of persons who may so act.
22 Power to obtain documents etc
(1) For the purposes of an investigation, the Commission may, by notice in writing served on a person (whether or not a public authority or public official), require the person:(a) to attend, at a time and place specified in the notice, before a person (being the Commissioner, an Assistant Commissioner or any other officer of the Commission) specified in the notice, and(b) to produce at that time and place to the person so specified a document or other thing specified in the notice.(2) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed and may, but need not, specify the person or class of persons who may so act.
23 Power to enter public premises
(1) For the purposes of an investigation, the Commissioner or an officer of the Commission authorised in writing by the Commissioner may, at any time:(a) enter and inspect any premises occupied or used by a public authority or public official in that capacity, and(b) inspect any document or other thing in or on the premises, and(c) take copies of any document in or on the premises.(2) (Repealed)(3) The public authority or public official shall make available to the Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised.
24 Privilege as regards information, documents etc
(1) This section applies where, under section 21 or 22, the Commission requires any person:(a) to produce any statement of information, or(b) to produce any document or other thing.(2) The Commission shall set aside the requirement if it appears to the Commission that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Commission that the person consents to compliance with the requirement.(3) The person must however comply with the requirement despite:(a) any rule which in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest, or(b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law, or(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official.
25 Privilege as regards entry on public premises
(1) This section applies to the powers of entry, inspection and copying conferred by section 23.(2) The powers shall not be exercised if it appears to the Commissioner or authorised officer that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist inspection of the premises or production of the document or other thing and it does not appear to the Commissioner or authorised officer that the person consents to the inspection or production.(3) The powers may however be exercised despite:(a) any rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or to production of the document or other thing on grounds of public interest, or(b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law, or(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official.
(1) This section applies where, under section 21 or 22, the Commission requires any person:(a) to produce any statement of information, or(b) to produce any document or other thing.(2) If the statement, document or other thing tends to incriminate the person and the person objects to production at the time, neither the fact of the requirement nor the statement, document or thing itself (if produced) may be used in any proceedings against the person (except proceedings for an offence against this Act).(3) They may however be used for the purposes of the investigation concerned, despite any such objection.
The Supreme Court may, on application made by the Commission, grant an injunction restraining any conduct in which a person (whether or not a public authority or public official) is engaging or in which such a person appears likely to engage, if the conduct is the subject of, or affects the subject of, an investigation or proposed investigation by the Commission.
28 Provisions relating to injunctions
(1) The Supreme Court shall not grant an injunction under section 27 unless it is of the opinion that:(a) the conduct sought to be restrained is likely to impede the conduct of the investigation or proposed investigation, or(b) it is necessary to restrain the conduct in order to prevent irreparable harm being done because of corrupt conduct or suspected corrupt conduct.(2) The Commission shall not be required, as a condition for the granting of an injunction under section 27, to give any undertaking as to damages.
29 Powers exercisable whether or not compulsory examination or public inquiry being held
Powers may be exercised under this Division in relation to an investigation whether or not a compulsory examination or public inquiry before the Commission is being held for the purposes of the investigation.