Commonwealth Consolidated Acts(1) The ACMA must investigate a complaint made under Division 1.
(2) Subsection (1) has effect subject to subsections (3) and (4).
Internet content hosted in Australia--referral of complaint to an Australian police force
(3) If a complaint relates to Internet content hosted in Australia:
(a) the ACMA must not investigate the complaint; and
(b) if the ACMA considers that the complaint should be referred to an Australian police force--the ACMA must:
(i) refer the complaint to a member of an Australian police force; and
(ii) give written notice to the complainant stating that the complaint has been so referred.
Frivolous or vexatious complaints
(4) The ACMA need not investigate a complaint if:
(a) the ACMA is satisfied that the complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good faith; or
(b) the ACMA has reason to believe that the complaint was made for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of this Part.
Notification of the results of an investigation
(5) The ACMA must notify the complainant of the results of an investigation under this section.
Termination of investigation
(6) The ACMA may terminate an investigation under this section if the ACMA is of the opinion that it does not have sufficient information to conclude the investigation.
Referral to Australian police force
(7) The manner in which a complaint may be referred under subsection (3) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ACMA and the chief (however described) of the police force concerned.
(8) If a complaint is referred to a member of an Australian police force under subsection (3), the member may refer the complaint to a member of another Australian police force.
(9) This section does not, by implication, limit the ACMA's powers to refer other matters to a member of an Australian police force.
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