40. Preliminary consideration of request---(1) The Commissioner, on
 receiving a request for a pay equity assessment, shall first decide
 whether or not to carry out a pay equity assessment.

   (2) The Commissioner may decide not to carry out a pay equity
 assessment---
   (a) If a pay equity assessment covering the female occupation to which
         the request relates or any part of that female occupation has
         been completed at any time in the 5 years immediately preceding
         the receipt of the request:
   (b) If the Commissioner is not satisfied that the occupation to which
         the request relates is a female occupation:
   (c) If the Commissioner has reason to believe that the request is
         frivolous or vexatious:
   (d) If the person making the request is not entitled under section 38
         of this Act to request a pay equity assessment:
   (e) If for any reason the Commissioner is of the opinion that a pay
         equity assessment is not technically feasible.