Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_86da
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 86DA
Character Range: 64503–66061

86DA  Commission may issue a public warning notice

Contraventions
 (1) The Commission may issue to the public a written notice containing a warning about the conduct of a corporation if:
 (a) the Commission has reasonable grounds to suspect that the conduct may constitute a contravention of a provision of Part IVA, V or VC; and
 (b) the Commission is satisfied that one or more persons has suffered, or is likely to suffer, detriment as a result of the conduct; and
 (c) the Commission is satisfied that it is in the public interest to issue the notice.
 (2) Subsection (1) does not apply to the supply or possible supply, or the promotion by any means of the supply or use, of services that are financial services.

Substantiation notices
 (3) Without limiting subsection (1), if:
 (a) a person refuses to respond to a substantiation notice given to the person, or fails to respond to the notice before the end of the substantiation notice compliance period for the notice; and
 (b) the Commission is satisfied that it is in the public interest to issue a notice under this subsection;
the Commission may issue to the public a written notice containing a warning that the person has refused or failed to respond to the substantiation notice within that period, and specifying the matter to which the substantiation notice related.

Notice is not a legislative instrument
 (4) A notice issued under subsection (1) or (3) is not a legislative instrument.

Part 7—Enforcement and remedies relating to the Australian Consumer Law

Trade Practices Act 1974