26Circumstances in which inquiry not to be undertaken

26 Circumstances in which inquiry not to be undertaken

(1) The ACCC must not undertake an inquiry into a relevant dispute if: (a) the complainant has withdrawn notice of the dispute; or (b) the ACCC reasonably believes that: (i) the dispute is trivial, misconceived or lacking in substance; or (ii) the dispute arises from negotiations between the complainant and Australia Post that were not conducted by the complainant in good faith; or (c) the complainant does not, within 7 days of being requested by the ACCC to do so, give the ACCC sufficient information (whether contained in documents or otherwise) to enable the ACCC to satisfy itself that paragraph (b) does not apply. (2) If, because of paragraph (1)(b) or (c), the ACCC decides not to undertake an inquiry, the ACCC must give written notice of the reasons for the decision to the following: (a) the Minister; (b) Australia Post; (c) the complainant; (d) a person who: (i) has applied under subparagraph 21(c)(ii) to be made a party to the inquiry; or (ii) has been notified by the ACCC under paragraph 23(c).