Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In considering whether to refer a matter to a conciliator, the ACMA must have regard to all matters it thinks relevant.
(2) Without limiting subsection (1), the ACMA must have regard to:
(a) whether, in the ACMA's opinion:
(i) the matter is trivial; or
(ii) the person whose interests allegedly have been, are being or are likely to be affected does not wish the matter to be referred to a conciliator; and
(b) if the matter arises from a complaint to the ACMA--whether, in the ACMA's opinion:
(i) the complaint is frivolous or vexatious or was not made in good faith; or
(ii) the interests of the complainant have not been, are not being or are not likely to be affected by the conduct in question; or
(iii) there is some other remedy that is reasonably available to the complainant; or
(iv) the complainant has made reasonable efforts to negotiate a resolution of the matter.