Document ID: chunk:federal_register_of_legislation:C2022A00096:clause:1_53zm
Version: federal_register_of_legislation:C2022A00096
Segment Type: clause
Provision Reference: sch 1 cl 53ZM
Character Range: 46877–48738

53ZM  Commission may issue public warning notice
 (1) This section applies if:
 (a) the Commission gave a person a notice under section 53ZL in relation to prohibited conduct; and
 (b) at least 21 days have passed since the Commission gave the person the notice; and
 (c) no more than 90 days have passed since the Commission gave the person the notice; and
 (d) the Commission reasonably believes that any of the following conditions are satisfied:
 (i) the person has engaged in the prohibited conduct;
 (ii) the person is engaging in the prohibited conduct; and
 (e) the Commission reasonably believes that one or more other persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct.
 (2) This section also applies if the Commission reasonably believes that:
 (a) any of the following conditions are satisfied:
 (i) a person has engaged in prohibited conduct;
 (ii) a person is engaging in prohibited conduct; and
 (b) there is a significant risk of imminent, serious harm to the welfare of Australians as a result of the prohibited conduct; and
 (c) issuing a notice under this section in relation to the prohibited conduct, without first giving a notice under section 53ZL in relation to the prohibited conduct, is reasonably necessary to:
 (i) prevent that harm or reduce that risk; or
 (ii) reduce the seriousness of that harm.
 (3) The Commission may issue to the public a written notice containing a warning about the prohibited conduct if the Commission reasonably believes that it is in the public interest to issue the notice.
 (4) The notice must:
 (a) state the day on which the notice is issued; and
 (b) identify:
 (i) the person mentioned in paragraph (1)(a) or (2)(a); and
 (ii) the prohibited conduct mentioned in that paragraph.
 (5) A notice issued under subsection (3) is not a legislative instrument.