Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_158
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 158
Character Range: 200760–202962

158  Adverse publicity orders
 (1) This section applies if a court finds a person (the offender) guilty of an offence against this Law, whether or not the court convicts the offender of the offence.
 (2) The court may make an order (the adverse publicity order) requiring the offender:
 (a) to take either or both of the following actions within the period specified in the order:
 (i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;
 (ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and
 (b) to give the National Regulator, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.
 (3) The court may make the adverse publicity order:
 (a) either on its own initiative or on the application of the person prosecuting the offence; and
 (b) in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.
 (4) If the offender fails to give evidence to the National Regulator in accordance with subsection (2)(b), the National Regulator may take the action or actions specified in the order.
 (5) However, if:
 (a) the offender gives evidence to the National Regulator in accordance with subsection (2)(b); and
 (b) despite that evidence, the National Regulator is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order;
the National Regulator may apply to a court for an order authorising the National Regulator, or a person authorised in writing by the National Regulator, to take the action or actions.
 (6) If the National Regulator takes one or more actions under subsection (4) or an order under subsection (5), the National Regulator is entitled to recover from the offender, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the National Regulator.

Division 9—Regulations and other legislative instruments