Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 514

  (1)   If, before the ACMA starts, or after it has started, an investigation of a matter to which a complaint relates, the ACMA forms the opinion that:

  (a)   a complaint relating to that matter has been, or could have been, made by the complainant to:

  (i)   the Ombudsman under the Ombudsman Act 1976 ; or

  (ii)   the Telecommunications Industry Ombudsman; or

  (iii)   another person or body responsible for handling complaints under a code registered, or standard determined, under Part   6; and

  (b)   the matter could be more conveniently or effectively dealt with by:

  (i)   the Ombudsman; or

  (ii)   the Telecommunications Industry Ombudsman; or

  (iii)   another person or body responsible for handling complaints under a code registered, or standard determined, under Part   6;

the ACMA may decide not to investigate the matter, or not to investigate the matter further, as the case may be.

  (2)   If the ACMA decides as mentioned in subsection   (1), it must:

  (a)   transfer the complaint to:

  (i)   the Ombudsman; or

  (ii)   the Telecommunications Industry Ombudsman; or

  (iii)   another person or body responsible for handling complaints under a code registered, or standard determined, under Part   6;

    as the case requires; and

  (b)   give written notice to the complainant stating that the complaint has been so transferred.

  (3)   If the ACMA decides as mentioned in subsection   (1), then:

  (a)   in a case where subparagraph   (1)(a)(i) applies--the ACMA must give the Ombudsman any information or documents that relate to the complaint and that are in the ACMA's possession or under its control; and

  (b)   in a case where subparagraph   (1)(a)(ii) applies--the ACMA may give the Telecommunications Industry Ombudsman any information or documents that relate to the complaint and that are in the ACMA's possession or under its control; and

  (c)   in a case where subparagraph   (1)(a)(iii) applies--the ACMA may give the person or body mentioned in that subparagraph:

  (i)   any information or documents that relate to the complaint and that are in the ACMA's possession or under its control; or

  (ii)   copies of, or extracts from, such information or documents.

  (4)   A complaint transferred under subsection   (2) to the Ombudsman is taken to be a complaint made to the Ombudsman under the Ombudsman Act 1976 .