Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Before beginning an investigation of a matter to which a complaint relates, the ACMA must inform the respondent that the matter is to be investigated.
(1A) However, the ACMA is not required to inform the respondent that the matter is to be investigated if:
(a) the matter relates to a possible breach of:
(i) the Spam Act 2003 or regulations under that Act; or
(ii) the Do Not Call Register Act 2006 or regulations under that Act; and
(b) the ACMA has reasonable grounds to believe that informing the respondent is likely to result in the concealment, loss or destruction of a thing connected with the breach.
(2) An investigation under this Part is to be conducted as the ACMA thinks fit.
(3) The ACMA may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as it thinks fit.
(4) It is not necessary for a complainant or a respondent to be given an opportunity to appear before the ACMA in connection with an investigation. This subsection has effect subject to subsection (5).
(5) The ACMA must not, as a result of the investigation, make a finding that is adverse to a complainant or a respondent unless it has given the complainant or respondent an opportunity to make submissions about the matter to which the investigation relates.
(6) However, the ACMA is not required to give the respondent an opportunity to make submissions if:
(a) the matter relates to a possible breach of:
(i) the Spam Act 2003 or regulations under that Act; or
(ii) the Do Not Call Register Act 2006 or regulations under that Act; and
(b) the ACMA has reasonable grounds to believe that giving the
respondent an opportunity to make submissions is likely to result in the
concealment, loss or destruction of a thing connected with the breach.