Document ID: chunk:federal_register_of_legislation:F2024L00494:reg:11
Version: federal_register_of_legislation:F2024L00494
Segment Type: reg
Provision Reference: reg 11
Character Range: 7568–9596

11  Approval of designated complainants—matters to be considered
 (1) For the purposes of paragraph 154ZQ(2)(c) of the Act, the Minister must have regard to all of the following in considering whether it is appropriate to grant approval of an entity (the applicant) as a designated complainant:
 (a) the applicant's ability to make designated complaints in relation to which the Commission may take action under subsection 154ZK(1) of the Act, including the applicant's ability to research, prepare and make designated complaints based on information of a high quality;
 (b) if the applicant has commercial activities—any conflicts of interest the applicant has or may have if approved as a designated complainant, as well as any arrangements the applicant has, or proposes to have, in place in relation to managing or mitigating those conflicts of interest.
 (2) For the purposes of paragraph 154ZQ(3)(a) of the Act, the Minister may have regard to any of the following in considering whether it is appropriate to grant approval of the applicant as a designated complainant:
 (a) the applicant's willingness to cooperate with the Commission, as well as the applicant's capability to respond to requests from the Commission;
 (b) whether the applicant has previously been a designated complainant, and if so:
 (i) any previously submitted designated complaints including the extent to which the complaints were actionable by the Commission; and
 (ii) their conduct as a designated complainant;
 (c) whether the applicant has an ongoing relationship with consumers or small businesses (or both) in Australia, including through regular contact and communication;
 (d) if the Minister has approved any designated complainants—whether both consumer and small business interests will be represented by one or more designated complainants;
 (e) the applicant's access to, or ability to obtain, timely, high quality and relevant data about the concerns, preferences and issues of consumers or small businesses (or both) in Australia.