154ZKNotice—further action to deal with complaint

154ZK Notice—further action to deal with complaint

(1) The Commission may give the designated complainant a notice under this subsection if the Commission is 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.

(2) The notice must set out:

(a) a summary of the complaint; and

(b) the actions the Commission proposes to take in response to the complaint.

(3) The Commission must:

(a) use its best endeavours to commence the actions set out in the notice as soon as practicable after giving the notice; and

(b) in any case, commence the actions set out in the notice within the period of 6 months after giving the notice; and

(c) when the actions set out in the notice have been completed, use its best endeavours to notify this to the entity that made the complaint (even if the entity has ceased to be a designated complainant).

Circumstances in which Commission not required to take further action

(4) However, subsection (3) does not apply if the Commission is satisfied that circumstances prescribed in the designated complaints determination apply.

(5) If subsection (4) applies, the Commission must use its best endeavours to notify this to the entity that made the complaint (even if the entity has ceased to be a designated complainant).