- (c) in any other manner the Commission considers appropriate.
(6) A person does not incur any civil or criminal liability only because the person has contravened any guidelines issued under this section or any amendments made to them.
(7) If, in any legal proceedings, the Tribunal or any other court is satisfied that a guideline is relevant to determining a matter that is in issue—
- (a) the guideline is admissible in evidence in the proceedings; and
- (b) proof that a person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.
(8) Guidelines issued under this section and all amendments made to them are not subsidiary legislation.
36. Amendment of Schedule 1
(1) The Chief Executive in Council may by order amend Schedule 1.
(2) An order made under subsection (1) is subject to the approval of the Legislative Council.
PART 3
Complaints and Investigations
Division 1—Complaints
37. Complaints
(1) Any person may, in accordance with guidelines issued under section 38, lodge a complaint with the Commission alleging that an undertaking has contravened, is contravening or is about to contravene a competition rule.
(2) The Commission is not required to investigate a complaint if it does not consider it reasonable to do so and may, in particular, refuse to investigate a complaint if it is satisfied that—
- (a) the complaint is trivial, frivolous or vexatious; or
- (b) the complaint is misconceived or lacking in substance.
38. Guidelines regarding complaints
The Commission must issue guidelines indicating the manner and form in which complaints are to be made.
