35Discontinuation of inquiry

35 Discontinuation of inquiry

(1) The ACCC must discontinue an inquiry into a relevant dispute before making a recommendation to the Minister in accordance with Division 5 of this Part, if: (a) the ACCC receives a notice from the complainant under section 25; or (b) the ACCC: (i) receives a notice from the complainant under subsection 34(1); and (ii) is satisfied that the offer mentioned in that subsection is fair and reasonable; or (c) the ACCC, after commencing the inquiry, comes to reasonably believe 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 (d) 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 (c) does not apply. (2) If the ACCC discontinues an inquiry, it must inform the Minister and the parties in writing of the reasons for the discontinuance.