Queensland Consolidated Acts Queensland Consolidated Acts(1) The referee must investigate a complaint unless--
(a) the referee reasonably believes the applicant is not, or could not be, in competition with the local government business entity carrying on the activity; or
(b) the referee reasonably believes the applicant is not, or is unlikely to be, adversely affected by the failure alleged in the complaint of the local government business entity to carry on the activity in a way that complies with the competitive neutrality principles applying to the activity; or
(c) the referee reasonably believes the applicant has not shown the applicant has made a genuine attempt to resolve the subject matter of the complaint through the preliminary procedure of the complaint process mentioned in section 794(1)(b); or
(d) the applicant has failed, without reasonable excuse, to give relevant information asked for by the referee within the reasonable time stated by the referee; or
(e) the local government business entity carrying on the activity has a current accreditation for the activity granted by the Queensland Competition Authority under part 4; or
(f) the referee reasonably believes the complaint is frivolous or vexatious.
(2) In forming a belief for subsection (1)(a), the referee must have regard to the following--
(a) laws governing competition applicable to the activities of the local government business entity;
(b) whether the applicant is supplying, or could supply, goods or services similar to the goods or services the subject of the activity carried on by the local government business entity;
(c) any other matter the referee considers appropriate.
(3) If the referee decides not to investigate a complaint, the referee must, within 14 days after making the decision, give a written notice stating the decision and the reasons for the decision to--
(a) the applicant; and
(b) the local government.