making of findings "on the basis of the results of its investigations" (s 13(3)(a)). They may include findings that particular persons "have engaged, [or] are engaged… in corrupt conduct", as well as findings of fact more generally (s 13(3), (5)).
46 As also stated at [15] above, the Commission may for the purposes of an investigation conduct a compulsory examination (s 30) or a public inquiry (s 31). Such an inquiry is to be conducted by a Commissioner or by an Assistant Commissioner, as determined by the Chief Commissioner (s 31(4)).
47 By the terms of s 6(1), the Commission's function of making a report (s 74) is exercisable by a Commissioner, including the Chief Commissioner.
48 In relation to a matter referred to the Commission by both Houses of Parliament, the Commission is required to "prepare" a report "as directed by those Houses" (s 74(2)). The Commission is also required to "prepare" a report in relation to a matter which has been the subject of a public inquiry unless the Houses of Parliament give different directions (s 74(3)). More generally, the Commission "may prepare" reports in relation to any matter that has been or is the subject of an investigation (s 74(1)).
49 The Commission must "furnish" all reports prepared under s 74 to the Presiding Officer of each House of Parliament (s 74(4)). Such reports "shall be furnished" as soon as possible after the Commission has concluded its involvement in the matter (s 74(7)). Other than in respect of a matter referred to the Commission by both Houses of Parliament, the Commission "may defer making a report" if it is satisfied that it is desirable to do so in the public interest (s 74(8)).
50 Sections 74A to 74D contain matters which the Commission either "is authorised to include in a report under section 74" (see ss 74A, 74C, 74D) or "is not authorised to include" in such a report (ss 74B, 74BA). The matters in s 74A(1) include statements as to the Commission's "findings, opinions and recommendations" and statements as to the "Commission's reasons for any of its findings, opinions and recommendations". The matters which the Commission may not include in a report extend to any findings or opinions "that a specified person is guilty of or has committed, is committing or is about to commit a criminal offence or disciplinary offence" (s 74B(1)(a)), as well as any findings or opinions "that any conduct of a specified person is corrupt conduct unless the conduct is serious corrupt conduct" (s 74BA(1)).
51 As to delegation, s 107(1) permits the Chief Commissioner to "delegate any function of the Commission to an Assistant Commissioner or an officer of the Commission", "officer" referring to any of a Commissioner, an Assistant Commissioner, a member of staff of the Commission or a person engaged under s 104B (s 3(1)). Section 107(2) empowers a Commissioner to delegate "any of his or her functions to an Assistant Commissioner or an officer of the Commission", other than the authorisation of a
