(1)  The Commissioner may accept a complaint from a person who had previously agreed with another person not to complain if the Commissioner reasonably believes that it is fair to do so.

(2)  In assessing whether it is fair to accept a complaint, the Commissioner is to consider the following:

(a) the knowledge of the parties to the agreement;

(b) any benefit gained by the person making the complaint in return for the agreement;

(c) whether the terms of the agreement were reasonable in the circumstances;

(d) the degree of good faith shown by the parties in implementing the agreement;

(e) any other relevant circumstances.