154ZHNotice—no further action on complaint

154ZH Notice—no further action on complaint

(1) The Commission:

(a) must give the designated complainant a notice under this subsection if subsection (2) applies in relation to the complaint; and

(b) may give the designated complainant a notice under this subsection if subsection (3), (4) or (5) applies in relation to the complaint.

Complaint does not meet mandatory content requirements

(2) This subsection applies if the Commission is not satisfied that the complaint:

(a) relates to a significant or systemic market issue that affects consumers or small businesses in Australia (or both); and

(b) either:

(i) relates to a potential breach of this Act; or

(ii) relates to one or more of the Commission’s powers or functions under this Act.

Complaint does not meet other content requirements

(3) This subsection applies if the Commission is not satisfied that the complaint meets any requirements prescribed in the designated complaints determination.

Subject matter of complaint is subject of other inquiry or action

(4) This subsection applies if the Commission is satisfied that the subject matter of the complaint is, or is part of, a matter:

(a) into which any of the following is inquiring or has within the past 2 years inquired:

(i) a committee of the Parliament or of either House of the Parliament;

(ii) a Royal Commission;

(iii) a coronial inquiry, coronial investigation or coronial inquest; or

(b) which is the subject of:

(i) legal proceedings; or

(ii) an inquiry, investigation or review conducted by the Commonwealth, a State or Territory, an industry organisation, a consumer organisation or another person;

that is, or is of a kind, prescribed in the designated complaints determination.

Appropriate to take no further action on complaint

(5) This subsection applies if:

(a) the Commission has assessed the complaint; and

(b) the Commission is satisfied that it is appropriate to take no further action in relation to the complaint.

(6) For the purposes of paragraph (5)(b), in considering whether the Commission is satisfied that it is appropriate, the Commission:

(a) must have regard to any matter prescribed for the purposes of this paragraph in the designated complaints determination; and

(b) may have regard to any matter prescribed for the purposes of this paragraph in the designated complaints determination.