Document ID: chunk:federal_register_of_legislation:F2024L00494:reg:7
Version: federal_register_of_legislation:F2024L00494
Segment Type: reg
Provision Reference: reg 7
Character Range: 3877–5953

7  No further action on complaint—matters to be considered in deciding whether it is appropriate to take no further action
 (1) For the purposes of paragraph 154ZH(6)(a) of the Act, the Commission must have regard to all of the following in considering whether it is satisfied that it is appropriate to take no further action in relation to a complaint:
 (a) the nature of the market issue to which the complaint relates, including the significance of the issue affecting consumers or small business (or both) in Australia, and the extent to which the issue is systemic;
 (b) the nature and extent of any actual or potential harm to consumers or small businesses (or both) in Australia caused by the market issue to which the complaint relates (if any), and whether that assessment of the potential harm changes if no action is taken in relation to the complaint;
 (c) whether action by the Commission on the complaint is likely to have a broad public benefit.
 (2) For the purposes of paragraph 154ZH(6)(b) of the Act, the Commission may have regard to any of the following in considering whether it is satisfied that it is appropriate to take no further action in relation to a complaint:
 (a) whether the subject matter of the complaint is substantially similar to the subject matter of any designated complaint for which the Commission has made a notification under paragraph 154ZK(3)(c) of the Act (actions have been completed) in the 2-year period ending on the day the complaint is made to the Commission;
 (b) whether the subject matter of the complaint is, or is part of, a matter which is the subject of legal proceedings (other than proceedings covered by section 6) that have not come to an end;
 (c) whether the subject matter of the complaint is, or is part of, a matter which is the subject of an ongoing inquiry, investigation or review conducted by the Commonwealth, a State or Territory (other than an inquiry, investigation or review covered by section 6);
 (d) the cost to the Commission of taking action on the complaint;
 (e) any other relevant matter.