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Complaints to regulator
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67. (1) In this section, “complaint” means an allegation made to the regulator that a specified buyer has engaged in, or is engaging in, an unfair trading practice.
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(2) A complaint may be submitted by—
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(a) a supplier,
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(b) a supply trade organisation, and
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(c) another not-for-profit organisation on behalf of suppliers whom it represents.
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(3) A supplier may make a complaint if—
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(a) the supplier is established in the State, or
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(b) the buyer is established in the State.
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(4) The regulator shall take steps to protect—
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(a) the identity of the complainant, or
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(b) information identified by the complainant, disclosure of which the complainant believes would be harmful to its interests.
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(5) Where the regulator receives a complaint—
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(a) it may make preliminary inquiries for the purpose of deciding whether to investigate,
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(b) it may request the complainant in writing to provide further written particulars of the complaint for the purpose of preliminary inquiries,
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(c) it shall inform the complainant (within a reasonable period of time) in writing of what it proposes to do in respect of the complaint, and
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(d) if it considers that there are insufficient grounds for investigating a complaint, it shall inform the complainant in writing of the reasons as soon as reasonably practicable.
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(6) The regulator may decide not to investigate a complaint (or to discontinue it) on the grounds that—
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(a) the complaint is frivolous or vexatious or was not made in good faith,
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(b) the subject matter of the complaint is trivial,
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(c) the unfair trading practice occurred too long ago to justify investigation,
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(d) the complainant had an alternative and satisfactory means of redress, or
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(e) the complainant has failed to respond to a request for further particulars of the complaint fully or within the time specified by the regulator.
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(7) Where a complaint is made on behalf of a supplier under subsection (2)(b) or (c), a reference in this Chapter to the complainant includes a reference to the supplier.
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