(1) If:
(a) a person has made a complaint under section 38, 39 or 40; and
(b) the complaint is about a particular matter; and
(c) the person could have made a complaint about the matter under:
(i) an industry code registered under Division 7 of Part 9; or
(ii) an industry standard determined under Division 7 of Part 9;
the Commissioner may refuse to investigate the matter.
(2) Subsection (1) does not, by implication, limit the circumstances in which the Commissioner may refuse to investigate a matter.