Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 47

47. (1) A conciliator to whom a matter is referred under section 46 shall,
subject to this Part-

   (a)  inquire into the conduct to which the matter relates and endeavour to
        effect a settlement of the matter; and

   (b)  submit to the Minister his report on the inquiry and his endeavours to
        effect a settlement of the matter.

(2) A conciliator may decide not to inquire into conduct to which a matter
relates, or if the conciliator has commenced to inquire into the conduct,
decide not to continue to inquire into the conduct, if-

   (a)  he is of the opinion that-

        (i)    the matter is trivial; or

        (ii)   the person whose interests are alleged to have been, to be, or
               to be likely to be, affected, as the case may be, does not
               desire that the inquiry be made or continued, as the case may
               be; or

   (b)  in a case where the inquiry results from a complaint to the Minister,
        the conciliator is of the opinion that-

        (i)    the complaint was frivolous or vexatious or was not made in
               good faith;

        (ii)   the interests of the complainant have not been, are not being
               or are not likely to be affected by the conduct; or

        (iii)  there is some other remedy that is reasonably available to the
               complainant.

(3) Where a conciliator decides not to inquire into, or not to continue to
inquire into, conduct in respect of which a complaint was made, he shall, by
notice in writing served on the complainant, inform the complainant of that
decision and of the reasons for that decision.

(4) Where a conciliator has been unsuccessful in his endeavours to effect a
settlement of a matter, he shall, in his report under sub-section (1), state
whether, in his opinion, his endeavours were unsuccessful wholly or partly by
reason of the refusal or failure of a person to whom a direction was given
under section 48 to accept a recommendation made by him in the course of a
conference under that section.

(5) A report under sub-section (1) shall be submitted as soon as practicable
after-

   (a)  unless paragraph (b) applies-the end of the year ending on 30 June
        during which the report is prepared; or

   (b)  if the conciliator is appointed for the purposes of inquiring into
        conduct to which a specific matter relates and endeavouring to effect
        a settlement of that matter-the preparation of the report.