sec.45Refusing complaint

### sec.45 Refusing complaint The authority may refuse a competitive neutrality complaint if— the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or the authority believes the complaint is frivolous or vexatious. Within 14 days after deciding to refuse the complaint, the authority must give the complainant a notice that states the decision and the reasons for the decision. In this section— refuse , in relation to a competitive neutrality complaint, means refuse to deal with, or continue to deal with, the complaint. s 45 prev s 45 om 2015 No. 29 s 65 pres s 45 ins 2021 No. 12 s 203 (sec.45-ssec.1) The authority may refuse a competitive neutrality complaint if— the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or the authority believes the complaint is frivolous or vexatious. (sec.45-ssec.2) Within 14 days after deciding to refuse the complaint, the authority must give the complainant a notice that states the decision and the reasons for the decision. (sec.45-ssec.3) In this section— refuse , in relation to a competitive neutrality complaint, means refuse to deal with, or continue to deal with, the complaint. - (a) the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or - (b) the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or - (c) the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or - (d) the authority believes the complaint is frivolous or vexatious.