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s 71

Directions to remedy matter

In force
Part 8Disciplinary provisions

71 Directions to remedy matter

(1)

This section applies if the commission—

(a)

is satisfied on reasonable grounds that a ground for disciplinary action against a licensee under section 69 (Discretionary penalties) has been established; and

(b)

considers that it is appropriate to give to the licensee an opportunity to remedy the matter.

(2)

The commission may give a written notice to the licensee that states—

(a)

the commission’s intention to issue a direction to remedy the matter; and

(b)

the criterion (mentioned in section 69) in relation to which the commission proposes to issue the direction; and

(c)

the licensee’s right to make written representations, or oral representations personally or by an authorised representative, to the commission, within 14 days after the applicant is given the notice or any longer period allowed by the commission, to show why the proposed direction should not be issued.

(3)

After considering any representations made within the period mentioned in subsection (2) (c), the commission may give a written direction to the licensee to remedy the matter stated in the notice.

(4)

The direction must state—

(a)

the reasons for the direction; and

(b)

the action that the licensee must take to remedy the matter; and

(c)

the period within which the licensee must take the action.

(5)

A person must not, without reasonable excuse, fail to comply with a direction given to the person under subsection (3).

Maximum penalty: 5 penalty units.

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