16Refusal to conduct investigation

16 Refusal to conduct investigation

(1)  The Commissioner may decide not to conduct an investigation into a matter under this Division if the Commissioner considers that –

(a) the subject matter of the investigation is frivolous, vexatious, lacking in substance or is not raised in good faith; or

(b) the subject matter of the investigation is trivial; or

(c) the subject matter of the investigation relates to a matter permitted or required under any law; or

(d) the subject matter of the investigation has already been investigated or otherwise dealt with by any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

(2)  The Commissioner must refuse to conduct an investigation under this Division into a matter if the matter is the subject of, or the investigation would prejudice –

(a) any criminal proceedings or criminal investigations; or

(b) an appeal to the TRAB; or

(c) an inquiry by the stewards under the Rules of Racing.

(3)  If the Commissioner refuses to conduct an investigation into a matter the Commissioner must, within a reasonable time after so refusing, notify the TRAB of the refusal if the matter is the subject of, or the investigation would prejudice, an appeal to the TRAB.