Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_35:p1
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 35 (pt 1/2)
Character Range: 48014–50842

35  Investigation by Code Arbiter

Investigation of complaint
 (1) The Code Arbiter must take all reasonable steps to:
 (a) investigate the complaint; and
 (b) conclude the investigation within 20 business days, or a longer period as extended under subclause (2).
 (2) With the written agreement of the supplier, the Code Arbiter may extend the period referred to in paragraph (1)(b) by a period of a specified number of days.

Complaints that are vexatious etc.
 (3) If, after investigating the complaint, the Code Arbiter is satisfied that the complaint is vexatious, trivial, misconceived or lacking in substance, the Code Arbiter must give the supplier written notice to that effect.
 (4) The Code Arbiter must not be satisfied that a complaint relating to clause 9 (unilateral variation of agreement) or 10 (retrospective variation of agreement) is vexatious, trivial, misconceived or lacking in substance only because the supplier's only ground in relation to the complaint is detriment to the supplier.
 (5) A notice under subclause (3) must set out:
 (a) the Code Arbiter's reasons for being satisfied that the complaint is vexatious, trivial, misconceived or lacking in substance; and
 (b) that the supplier may take further action in relation to the matter under clause 37B (independent review request) or 38 (mediation or arbitration).
 (6) The Code Arbiter must give the retailer or wholesaler a copy of the notice. Unless the supplier has expressly consented to their identity being disclosed to the retailer or wholesaler, the Code Arbiter must first redact from the copy of the notice any information that would disclose the identity of the supplier.

Other complaints
 (7) Subclauses (8) and (9) apply to complaints that are not dealt with under subclause (3).
 (8) The Code Arbiter's investigation of the complaint:
 (a) must include consideration of the retailer's or wholesaler's obligation to deal lawfully and in good faith (see clause 6B); and
 (b) may include consideration of whether the retailer or wholesaler has acted fairly in dealing with the supplier.
 (9) In considering for the purposes of paragraph (8)(b) whether the retailer or wholesaler has acted fairly in dealing with a supplier, the Code Arbiter may take the following into account:
 (a) whether the retailer or wholesaler has not acted in a way that denied the supplier the benefits of the contract, or undermined those benefits for the supplier;
 (b) whether the retailer or wholesaler has acted in accordance with the legitimate and reasonable expectations of the supplier;
 (c) whether the retailer or wholesaler has had due regard to:
 (i) the nature of the relationship between the retailer or wholesaler and the supplier; and
 (ii) the individual characteristics of the supplier that were known, or ought to have been known, by the