16
2.14
Clause 14 of the Bill provides specific powers for the Commission to investigate
a complaint and seek to resolve, as appropriate, the matter raised in the complaint,
request the removal of the electronic communication or advise of further action
under clause 17.
2.15
Clause 15 of the Bill allows the Commission to refuse to investigate or cease
an investigation under this new legislation where the Commission considers
that the complaint is unlikely to cause harm, is frivolous or vexatious or where
further action is unnecessary or inappropriate.
2.16
Clause 16 of the Bill provides the Commission the power to delegate in writing,
its functions and powers under the new legislation to any person provided the
Commission is satisfied that the person has the appropriate skills, knowledge
and experience required for the purposes of the new legislation.
2.17
Clause 17 of the Bill provides for who may apply to the court for the issuance
of an order under clause 22.
2.18
Clause 18 of the Bill provides the threshold for proceedings where an applicant
under clause 17(a), (b) or (c) must first lodge a complaint with the Commission
before proceeding to make an application to the court. Clause 18 of the Bill also
allows the court to dismiss an application on its own motion where it finds an
application to be frivolous, vexatious or, having regard to all the circumstances
where the police have made an application, that it should be dismissed.
2.19
Clause 19 of the Bill provides that the court may, in its consideration of an
application made under clause 17, refer the matter back to the Commission.
2.20
Clause 20 of the Bill stipulates that the court may request the Commission for
information which must be provided to the court in the required manner and
form that the court may require.
2.21
Clause 21 of the Bill provides for interim orders that the court may issue before
determining an application made under clause 17. The interim order under clause
21 expires upon the determination of an application under clause 17.
2.22
Clause 22 of the Bill provides for orders that a court may issue in relation to an
application made under clause 17.
2.23
Clause 23 of the Bill provides the penalty provision for non-compliance with
an order issued by the court in accordance with the new legislation.
2.24
Clause 24 of the Bill provides for the offence of causing harm by posting an
electronic communication. Clause 24 further provides factors that the court may
consider in determining whether harm was or would be caused.
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