sec.40Power to refuse to investigate complaint

sec.40 Power to refuse to investigate complaint

This section applies if a person makes a complaint to the commission about a matter relevant to a code of racing. The commissioner may refuse to investigate the complaint or, having started to investigate the complaint, may refuse to continue the investigation if— the matter is being investigated by another entity; or the commissioner is reasonably satisfied— it is appropriate for another entity to investigate the matter; or the complaint is about a frivolous matter or was made vexatiously. If the commissioner refuses to investigate or continue to investigate a complaint under subsection (2) , the commissioner must prepare a report stating— the reasons the commissioner refused to investigate or to continue to investigate the complaint; and whether the commissioner is likely to investigate or continue to investigate the complaint in the future; and any other matter the commissioner considers reasonable to include in the report. The commissioner must give a copy of the report to the Minister. (sec.40-ssec.1) This section applies if a person makes a complaint to the commission about a matter relevant to a code of racing. (sec.40-ssec.2) The commissioner may refuse to investigate the complaint or, having started to investigate the complaint, may refuse to continue the investigation if— the matter is being investigated by another entity; or the commissioner is reasonably satisfied— it is appropriate for another entity to investigate the matter; or the complaint is about a frivolous matter or was made vexatiously. (sec.40-ssec.3) If the commissioner refuses to investigate or continue to investigate a complaint under subsection (2) , the commissioner must prepare a report stating— the reasons the commissioner refused to investigate or to continue to investigate the complaint; and whether the commissioner is likely to investigate or continue to investigate the complaint in the future; and any other matter the commissioner considers reasonable to include in the report. (sec.40-ssec.4) The commissioner must give a copy of the report to the Minister.

• (a) the matter is being investigated by another entity; or
• (b) the commissioner is reasonably satisfied— (i) it is appropriate for another entity to investigate the matter; or (ii) the complaint is about a frivolous matter or was made vexatiously.
• (i) it is appropriate for another entity to investigate the matter; or
• (ii) the complaint is about a frivolous matter or was made vexatiously.
• (i) it is appropriate for another entity to investigate the matter; or
• (ii) the complaint is about a frivolous matter or was made vexatiously.
• (a) the reasons the commissioner refused to investigate or to continue to investigate the complaint; and