Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 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.


 



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