Document ID: chunk:federal_register_of_legislation:C2024C00243:section:38
Version: federal_register_of_legislation:C2024C00243
Segment Type: section
Provision Reference: s 38
Character Range: 87682–89081

38  Duty to notify of notifiable incidents
 (1) A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
Penalty: The tier D monetary penalty.
 (2) The notice must be given in accordance with this section and by the fastest possible means.
 (3) The notice must be given:
 (a) by telephone; or
 (b) in writing.
Example: The written notice can be given by facsimile, email or other electronic means.
 (4) A person giving notice by telephone must:
 (a) give the details of the incident requested by the regulator; and
 (b) if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.
 (5) A written notice must be in a form, or contain the details, approved by the regulator.
 (6) If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking:
 (a) details of the information received; or
 (b) an acknowledgement of receiving the notice.
 (7) A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.
Penalty: The tier F monetary penalty.