51Refusal to conduct complaint investigation

51 Refusal to conduct complaint investigation

(1)  The Regulator may refuse to commence a complaint investigation or, having commenced a complaint investigation, may refuse to continue the complaint investigation or that part of a complaint investigation relating to a matter raised in a complaint if the Regulator is of the opinion –

(a) that the complaint does not contain –

(i) an allegation that one or more of the national competition policy competitive neutrality principles have been contravened; or

(ii) matter to support such an allegation; or

(iii) matter showing how the complainant has been adversely affected by an act of the prescribed body; or

(b) that the complaint, or the matter raised in the complaint, is vexatious or frivolous or not made in good faith; or

(c) that there is no evidence that the complainant has been adversely affected by an act of the prescribed body; or

(d) that, having regard to all the circumstances of the case, the investigation, the continuance of the investigation or the continuance of the investigation of the matter raised in the complaint is unnecessary or unjustifiable.

(2)  If the Regulator refuses to commence a complaint investigation or, having commenced a complaint investigation, refuses to continue the complaint investigation or that part of a complaint investigation relating to a matter raised in a complaint, the Regulator is to provide written notice of the refusal –

(a) to the complainant; and

(b) if the Regulator has sought information from a prescribed body under section 50 but not commenced a complaint investigation, to the prescribed body; and

(c) if a complaint investigation has been commenced, to the prescribed body and its Portfolio Minister.