Document ID: chunk:federal_register_of_legislation:C2024C00645:section:20:p2
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 20 (pt 2/4)
Character Range: 51089–53797

(v) where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the Commission is of the opinion that the subject matter of the complaint has been adequately dealt with; or
 (vi) the Commission is of the opinion that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority; or
 (vii) the Commission is satisfied that the complaint has been settled or resolved.
 (3) The Commission shall, before the expiration of the period of 2 months commencing when a complaint is made to the Commission in respect of an act or practice, decide whether or not to inquire into the act or practice.
 (4) Where the Commission decides not to inquire into, or not to continue to inquire into, an act or practice in respect of which a complaint was made to the Commission, the Commission shall, unless the complaint has been transferred under subsection (4A), forthwith give notice in writing to the complainant of that decision and of the reasons for that decision.
 (4A) Where:
 (a) a complaint has been made to the Commission in relation to an act or practice; and
 (b) because the Commission is of the opinion that the subject‑matter of the complaint could be more effectively or conveniently dealt with by the Information Commissioner under the Privacy Act 1988 as an interference with the privacy of an individual under subsection 13(1) or (4) of that Act, the Commission decides not to inquire, or not to continue to inquire, into that act or practice;
the Commission shall:
 (c) transfer the complaint to the Information Commissioner;
 (d) forthwith give notice in writing to the complainant stating that the complaint has been so transferred; and
 (e) give to the Information Commissioner any information or documents that relate to the complaint and are in the possession, or under the control, of the Commission.
 (4B) A complaint transferred under subsection (4A) shall be taken to be a complaint made to the Information Commissioner under Part V of the Privacy Act 1988.
 (4C) If:
 (a) a complaint has been made to the Commission in relation to:
 (i) an act or practice of ACIC (except an act or practice of an examiner of ACIC performing functions and exercising powers as an examiner); or
 (ii) an act or practice of the Australian Federal Police; and
 (b) because the Commission is of the opinion that the subject matter of the complaint could be more effectively or conveniently dealt with by the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986, the Commission decides not to inquire, or not to continue to inquire, into