§ 50 — Powers of investigation

50.—(1) The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether or not an organisation or a person is complying with this Act, including a voluntary undertaking given by the organisation or person under section 48L(1).[40/2020]

(2) The powers of investigation under this section of the Commission and the inspectors are set out in the Ninth Schedule.

(3) The Commission may suspend, discontinue or refuse to conduct an investigation under this section if it thinks fit, including but not limited to any of the following circumstances:(a)

the complainant has not complied with a direction under section 48G(2);

(b)

the parties involved in the matter have mutually agreed to settle the matter;

(c)

any party involved in the matter has commenced legal proceedings against another party in respect of any contravention or alleged contravention of this Act by the other party;

(ca)

the Commission accepts a voluntary undertaking given by an organisation or a person under section 48L(1) in relation to the matter;

(d)

the Commission is of the opinion that the matter may be more appropriately investigated by another regulatory authority and has referred the matter to that authority;

(e)

the Commission is of the opinion that —(i)

a complaint is frivolous or vexatious or is not made in good faith; or

(ii)

any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.[40/2020]

(3A) To avoid doubt, despite subsection (3)(ca), the Commission may conduct or resume an investigation under this section at any time if an organisation or a person fails to comply with a voluntary undertaking given by the organisation or person under section 48L(1) in relation to any matter.[40/2020]

(4) An organisation must retain records relating to an investigation under this section for one year after the conclusion of the investigation or any longer period specified in writing by the Commission.

—(1) The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether or not an organisation or a person is complying with this Act, including a voluntary undertaking given by the organisation or person under section 48L(1).[40/2020]

(2) The powers of investigation under this section of the Commission and the inspectors are set out in the Ninth Schedule.

(3) The Commission may suspend, discontinue or refuse to conduct an investigation under this section if it thinks fit, including but not limited to any of the following circumstances:(a)

the complainant has not complied with a direction under section 48G(2);

(b)

the parties involved in the matter have mutually agreed to settle the matter;

(c)

any party involved in the matter has commenced legal proceedings against another party in respect of any contravention or alleged contravention of this Act by the other party;

(ca)

the Commission accepts a voluntary undertaking given by an organisation or a person under section 48L(1) in relation to the matter;

(d)

the Commission is of the opinion that the matter may be more appropriately investigated by another regulatory authority and has referred the matter to that authority;

(e)

the Commission is of the opinion that —(i)

a complaint is frivolous or vexatious or is not made in good faith; or

(ii)

any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.[40/2020]

(3A) To avoid doubt, despite subsection (3)(ca), the Commission may conduct or resume an investigation under this section at any time if an organisation or a person fails to comply with a voluntary undertaking given by the organisation or person under section 48L(1) in relation to any matter.[40/2020]

(4) An organisation must retain records relating to an investigation under this section for one year after the conclusion of the investigation or any longer period specified in writing by the Commission.