Competition and Consumer Act 2010

This section applies if:

the Commission gave a person a notice under section 53ZL in relation to prohibited conduct; and

at least 21 days have passed since the Commission gave the person the notice; and

no more than 90 days have passed since the Commission gave the person the notice; and

the Commission reasonably believes that any of the following conditions are satisfied:

the person has engaged in the prohibited conduct;

the person is engaging in the prohibited conduct; and

the Commission reasonably believes that one or more other persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct.

This section also applies if the Commission reasonably believes that:

any of the following conditions are satisfied:

a person has engaged in prohibited conduct;

a person is engaging in prohibited conduct; and

there is a significant risk of imminent, serious harm to the welfare of Australians as a result of the prohibited conduct; and

issuing a notice under this section in relation to the prohibited conduct, without first giving a notice under section 53ZL in relation to the prohibited conduct, is reasonably necessary to:

prevent that harm or reduce that risk; or

reduce the seriousness of that harm.

The Commission may issue to the public a written notice containing a warning about the prohibited conduct if the Commission reasonably believes that it is in the public interest to issue the notice.

The notice must:

state the day on which the notice is issued; and

identify:

the person mentioned in paragraph (1)(a) or (2)(a); and

the prohibited conduct mentioned in that paragraph.

A notice issued under subsection (3) is not a legislative instrument.