(a) a complaint has been made under section 36 about an act or practice that may involve a breach of a requirement of this Part; and
(b) before the Commissioner commences, or after the Commissioner has commenced, to investigate the matter, the Commissioner forms the opinion that:
(i) the complainant has made, or could have made, a complaint relating to that matter to a State or Territory privacy authority; and
(ii) that matter could be more conveniently or effectively dealt with by that State or Territory authority;
the Commissioner may decide not to investigate the matter, or not to investigate the matter further.
(2) If the Commissioner so decides, the Commissioner must:
(a) transfer the complaint to that State or Territory authority; and
(b) give notice in writing to the complainant stating that the complaint has been so transferred; and
(c) give to that State or Territory authority any information or documents that relate to the complaint and are in the possession, or under the control, of the Commissioner.
(3) A complaint transferred under subsection (2) is taken, for the purposes of this Act, to have been made to that State or Territory authority.