Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_43
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 43
Character Range: 72852–74080

43  Investigation of complaints by the ACMA

 (1) The ACMA must investigate a complaint under Division 1.

 (2) Subclause (1) has effect subject to subclauses (3), (4) and (6).

 (3) The ACMA need not investigate a complaint if:
 (a) the ACMA is satisfied that the complaint is:
 (i) frivolous; or
 (ii) vexatious; or
 (iii) not made in good faith; or
 (b) the ACMA has reason to believe that the complaint was made for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of this Schedule.

 (4) The ACMA need not investigate, or continue to investigate, a complaint about a matter if:
 (a) a complaint about the matter has been, or could have been, made under:
 (i) an industry code registered under Part 4; or
 (ii) an industry standard determined under Part 4; or
 (iii) a designated content/hosting service provider determination; and
 (b) clause 42 does not apply to the first‑mentioned complaint.

 (5) The ACMA must notify the complainant of the results of an investigation under this clause.

 (6) The ACMA may terminate an investigation under this clause if it is of the opinion that it does not have sufficient information to conclude the investigation.