Document ID: chunk:federal_register_of_legislation:C2012A00108:clause:2_43b
Version: federal_register_of_legislation:C2012A00108
Segment Type: clause
Provision Reference: sch 2 cl 43B
Character Range: 21468–22738

43B  Remedial action
 (1) This section applies if the Regulator:
 (a) suspects, on reasonable grounds, that a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:
 (i) an offence against this Act; or
 (ii) a contravention of a civil penalty provision; and
 (b) is satisfied that it would be in the public interest to give the person a notice under this section.
 (2) The Regulator may give the person a written notice requiring the person, within a specified period, to take specified action directed toward either or both of the following:
 (a) remedying the conduct;
 (b) ensuring that the person does not engage, or continue to engage, in such conduct in the future.
 (3) A person contravenes this subsection if the person is subject to a requirement under subsection (2) and the person fails to comply with the requirement.
 (4) A person commits an offence of strict liability if the person contravenes subsection (3).
Penalty: 30 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 30 penalty units.
 (6) A notice under subsection (2) is not a legislative instrument.