Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 515

Reference of matters to the ACCC

  (1)   If, before the ACMA commences, or after it has commenced, an investigation of a matter to which a complaint relates, the ACMA forms the opinion that the matter could be more conveniently or effectively dealt with by the ACCC, it may decide not to investigate the matter, or not to investigate the matter further, as the case may be.

  (2)   If the ACMA so decides, it must:

  (a)   transfer the complaint to the ACCC; and

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

  (c)   give to the ACCC any information or documents that relate to the complaint and that are in the ACMA's possession or under its control.

  (3)   The ACCC may hold an investigation into the matter and, if it decides to do so, it must report to the ACMA on:

  (a)   the conduct of the investigation; and

  (b)   any findings that it has made as a result of the investigation; and

  (c)   the evidence and other material on which those findings were based; and

  (d)   such other matters relating to, or arising out of, the investigation as the ACCC thinks fit.

  (4)   If the ACCC decides not to hold an investigation into the matter, it must give to the ACMA a written notice informing the ACMA of its decision and of the reasons for its decision.


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