(1)  On receiving a code of conduct complaint and after determining, if required to do so, that the complaint meets the requirements of section 28V , the general manager –

(a) if the complaint is against less than half of all the councillors of the council, is to refer the complaint to the Code of Conduct Panel by providing it to the Executive Officer; and

(b) if the complaint is against one half or more of all the councillors of the council, is to refer the complaint to the Director.

(2)  If a code of conduct complaint is referred to the Director, the Director is to determine whether he or she accepts or refuses to accept the referral and is to notify the general manager of that determination within 28 days after receiving the referral.

(3)  If the Director fails to notify the general manager as required by subsection (2) , the Director is taken to have accepted the referral of the code of conduct complaint.

(4)  If the Director accepts the referral of the code of conduct complaint –

(a) the complaint is taken to be a complaint made to the Director under section 339E and ceases to be a code of conduct complaint; and

(b) the Director is to proceed under that section in relation to the complaint.

(5)  If the Director refuses to accept the referral of the code of conduct complaint, the general manager, as soon as practicable, is to refer the complaint to the Code of Conduct Panel by providing it to the Executive Officer.

(6)  If a code of conduct complaint is referred to the Code of Conduct Panel, the Executive Officer is to –

(a) keep the original complaint or a copy of it; and

(b) in accordance with section 28L , constitute the Code of Conduct Panel to investigate the complaint and appoint the chairperson of the Panel; and

(c) provide a copy of the complaint to the chairperson.