(1) If the ACMA decides not to investigate, or not to investigate further, a matter to which a complaint relates, it must, as soon as practicable and in such manner as it thinks fit, inform the complainant and the respondent of the decision and of the reasons for the decision.
(2) However, the ACMA is not required to inform the respondent of the decision and of the reasons for the decision if:
(a) the matter relates to a possible breach of:
(i) the Spam Act 2003 or regulations under that Act; or
(ii) the Do Not Call Register Act 2006 or regulations under that Act; and
(b) the ACMA has reasonable grounds to believe that informing the respondent is likely to result in the concealment, loss or destruction of a thing connected with the breach.