125Reference of matters to Australian Competition and Consumer Commission

#### 125 Reference of matters to Australian Competition and Consumer Commission ESRA may decide not to investigate (1) If, before ESRA starts, or after it has started, an investigation of a matter to which a complaint relates, ESRA forms the opinion that the matter could be more conveniently or effectively dealt with by the Australian Competition and Consumer Commission, ESRA may decide not to investigate the matter, or not to investigate the matter further, as the case may be. Transfer of complaint to Australian Competition and Consumer Commission (2) If ESRA so decides, it must: (a) transfer the complaint to the Australian Competition and Consumer Commission; and (b) give written notice to the complainant stating that the complaint has been so transferred; and (c) give to the Australian Competition and Consumer Commission any information or documents that relate to the complaint and that are in ESRA’s possession or under its control. > Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection. Investigation by Australian Competition and Consumer Commission (3) The Australian Competition and Consumer Commission may hold an investigation into the matter and, if it decides to do so, it must report to ESRA on: (a) the conduct of the investigation; and (b) any findings it has made as a result of the investigation. ESRA to be notified if Australian Competition and Consumer Commission decides not to investigate (4) If the Australian Competition and Consumer Commission decides not to hold an investigation into the matter, it must give to ESRA a written notice informing ESRA of its decision and of the reasons for its decision.