Document ID: chunk:federal_register_of_legislation:C2024A00128:clause:1_80uc:p1
Version: federal_register_of_legislation:C2024A00128
Segment Type: clause
Provision Reference: sch 1 cl 80UC (pt 1/2)
Character Range: 47283–49976

80UC  Compliance notices

Giving a compliance notice
 (1) Any of the following persons may give an entity a notice if the person reasonably believes that the entity has contravened subsection 13K(1) or (2) (civil penalty provision for which infringement notices or compliance notices can be issued):
 (a) the Commissioner;
 (b) a member of the staff of the Commissioner who holds, or is acting in, an office or position that is equivalent to an SES employee.
Note: The notice may be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.
 (2) The notice must:
 (a) set out the name of the entity to whom the notice is given; and
 (b) set out details of the contravention; and
 (c) specify either or both of the following:
 (i) action the entity must take, or refrain from taking, within a reasonable period specified in the notice, to address the contravention;
 (ii) steps the entity must take, within a reasonable period specified in the notice, to ensure that the conduct constituting the contravention is not repeated or continued; and
 (d) explain that a failure to comply with the notice may contravene a civil penalty provision; and
 (e) explain that the entity may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for a review of the notice on either or both of the following grounds:
 (i) the entity has not committed the contravention set out in the notice;
 (ii) the notice does not comply with this subsection.
 (3) The notice may also require the entity to produce, within a reasonable period specified in the notice, reasonable evidence of compliance with the notice.

Entity must comply with compliance notice
 (4) An entity contravenes this subsection if:
 (a) the entity is given a notice under subsection (1); and
 (b) the entity fails to comply with the notice.
  (5) Subsection (4) is a civil penalty provision.
Note: Section 80U deals with civil penalty provisions in this Act.
 (6) The amount of the penalty payable by a person in respect of a contravention of subsection (4) must not exceed 200 penalty units.

Effect of complying with a compliance notice
 (7) An entity that complies with a notice given under subsection (1) in relation to a contravention of subsection 13K(1) or (2) is not taken by that compliance:
 (a) to have admitted to contravening that subsection; or
 (b) to have been found to have contravened that subsection.

Relationship with civil penalty provisions
 (8) The Commissioner must not apply for an order under Part 4 of the Regulatory Powers Act in relation to a contravention of subsection 13G(1), 13H(1) or 13K(1) or (2) of this Act constituted by particular conduct engaged