Reference of matters to Information Commissioner
515A Reference of matters to Information Commissioner
This section applies to a complaint about any of the following matters:
a contravention of a code registered under Part 6, where the code applies to participants in a section of the telemarketing industry (within the meaning of Part 6) and deals with one or more matters relating to the telemarketing activities (within the meaning of Part 6) of those participants;
a contravention of section 128 in relation to an industry standard, where the standard applies to participants in a section of the telemarketing industry (within the meaning of Part 6) and deals with one or more matters relating to the telemarketing activities (within the meaning of Part 6) of those participants;
a contravention of a code registered under Part 6, where the code applies to participants in a section of the fax marketing industry (within the meaning of Part 6) and deals with one or more matters relating to the fax marketing activities (within the meaning of Part 6) of those participants;
a contravention of section 128 in relation to an industry standard, where the standard applies to participants in a section of the fax marketing industry (within the meaning of Part 6) and deals with one or more matters relating to the fax marketing activities (within the meaning of Part 6) of those participants;
a contravention of the Do Not Call Register Act 2006 or regulations under that Act.
If, before the ACMA starts, or after it has started, an investigation of a matter to which a complaint relates, the ACMA forms the opinion that:
a complaint relating to that matter has been, or could have been, made by the complainant to the Information Commissioner under section 36 of the Privacy Act 1988; and
the matter could be more conveniently or effectively dealt with by the Information Commissioner;
the ACMA may decide not to investigate the matter, or not to investigate the matter further, as the case may be.
If the ACMA decides as mentioned in subsection (2), it must:
transfer the complaint to the Information Commissioner; and
give written notice to the complainant stating that the complaint has been so transferred; and
give the Information Commissioner any information or documents that relate to the complaint and that are in the ACMA’s possession or under its control.
A complaint transferred under subsection (3) to the Information Commissioner is taken to be a complaint made to the Information Commissioner under section 36 of the Privacy Act 1988.
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