207Consideration of whether to refer a matter

207 Consideration of whether to refer a matter

(1) In considering whether to refer a matter to a conciliator, the ACMA must have regard to all matters it thinks relevant. (2) Without limiting subsection (1), the ACMA must have regard to: (a) whether, in the ACMA’s opinion: (i) the matter is trivial; or (ii) the person whose interests allegedly have been, are being or are likely to be affected does not wish the matter to be referred to a conciliator; and (b) if the matter arises from a complaint to the ACMA—whether, in the ACMA’s opinion: (i) the complaint is frivolous or vexatious or was not made in good faith; or (ii) the interests of the complainant have not been, are not being or are not likely to be affected by the conduct in question; or (iii) there is some other remedy that is reasonably available to the complainant; or (iv) the complainant has made reasonable efforts to negotiate a resolution of the matter.