Independent Competition and Regulatory Commission Act 1997

If this part applies in relation to a person, the commission may serve an order on the person requiring the person to comply with the direction.

If the commission proposes to make an order in relation to a person, it must first give the person written notice inviting the person to show cause within 28 days after the date of the notice why the order should not be made.

A notice under subsection (2) must contain—

particulars of the proposed order; and

particulars of the facts and circumstances relied on by the commission to justify the order; and

a statement to the effect that the person may, within 28 days after the day the notice is given, give the commission particulars of the facts and circumstances relied on to show cause why the proposed order should not be made.

In considering whether to make an order in relation to a person, the commission must take into account any representation made by the person in accordance with the invitation in the notice under subsection (2).

An order served under subsection (1) is a notifiable instrument.

A person must not, without reasonable excuse, contravene an order served on the person under subsection (1).

If a person is convicted of an offence against subsection (6) in relation to the contravention of an order, the person commits, in relation to each day after the service of the order during any part of which that contravention continued, an offence punishable, on conviction, by a fine not exceeding 20 penalty units.