Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p7
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 16276–18867

of persons, as the case may be.

"(2) In this section, 'trade union' means—
     (a) an organisation of employees that is a registered organisation;
     (b) a trade union within the meaning of any State Act or law of a Territory; or
     (c) any other similar body.

Commissioner deemed to be a complainant
"23. Where—
     (a) the Commissioner has referred to the Commission a matter that came before the Commissioner otherwise than as the result of the making of a complaint to the Commission; or
     (b) the Minister has referred a matter to the Commission under section 25,
then, for the purposes of any inquiry into the matter by the Commission, this Act has effect as if—
     (c) the matter had been the subject of a complaint;
     (d) the reference to the complainant in section 25f were a reference to the Commissioner; and
     (e) a reference to the respondent were a reference to the person who is, or each of the persons who are, alleged to have done the act to which the matter relates.
"Division 2—Inquiries by Commissioner

Inquiries by Commissioner
"24. (1) Where—
     (a) a complaint relating to an alleged unlawful act is made to the Commission under section 22; or
     (b) it appears to the Commission that a person has done an act that is unlawful by virtue of a provision of Part II,
the Commission shall notify the Commissioner accordingly and the Commissioner shall, subject to sub-section (2), inquire into the act and endeavour, by conciliation, to effect a settlement of the matter to which the act relates.
"(2) The Commissioner may decide not to inquire into an act, or, if the Commissioner has commenced to inquire into an act, decide not to continue to inquire into the act, if—
     (a) the Commissioner is satisfied that the act is not unlawful by reason of a provision of Part II;
     (b) the Commissioner is of the opinion that the person aggrieved by the act does not desire, or none of the persons aggrieved by the act desires, that the inquiry be made or continued;
     (c) in a case where a complaint has been made to the Commission in relation to the act, a period of more than 12 months has elapsed since the act was done; or

     (d) in a case where a complaint has been made to the Commission in relation to the act, the Commissioner is of the opinion that the complaint was frivolous, vexatious, misconceived or lacking in substance.
"(3) Where the Commissioner decides not to inquire into, or not to continue to inquire into, an act in respect of which a complaint was made to the Commission, the Commissioner shall give notice in writing