9Complaints about competitive neutrality

#### 9 Complaints about competitive neutrality 9 Complaints about competitive neutrality > > (1) The Minister may refer to the Board, for investigation and report, a complaint about a public trading agency with respect to either or both of the following (so far as the complaint relates to a tender bid made by the agency in response to an invitation for tenders)— > > > > > (a) a failure of the agency to comply with competitive neutrality principles in relation to any or all of its public trading activities, > > > > > (b) the inappropriate manner in which competitive neutrality principles are applied by or to the agency in relation to any or all of its public trading activities. > > > (2) The Minister is not to refer a complaint to the Board unless satisfied— > > > > > (a) that the complaint relates to any or all of the public trading activities of the agency, and > > > > > (b) that the complainant is able to demonstrate that a person (the competitor) competes, or seeks to compete, in a particular market with the agency and is hindered or is likely to be hindered from or in doing so by the matters complained of, and > > > > > (c) that the competitor is materially affected by the matters complained of or is likely to be so affected, and > > > > > (d) that the complaint has been made by the competitor or by a person or body authorised by the competitor to make the complaint on behalf of the competitor, and > > > > > (e) that the subject-matter of the complaint has been raised with the agency and the complainant has reasonable grounds for not being satisfied with the response to the complaint. > > > (3) The Board is required to notify the complainant, the agency, the agency’s portfolio Minister and the Treasurer of the reference and that an investigation into the complaint will be conducted. > > > (4) If the Minister has referred a complaint to the Board for investigation and report, the Minister may withdraw or amend the reference at any time before the Minister has received the report from the Board.