Remedial action
43B Remedial action
This section applies if the Regulator:
suspects, on reasonable grounds, that a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:
an offence against this Act; or
a contravention of a civil penalty provision; and
is satisfied that it would be in the public interest to give the person a notice under this section.
The Regulator may give the person a written notice requiring the person, within a specified period, to take specified action directed toward either or both of the following:
remedying the conduct;
ensuring that the person does not engage, or continue to engage, in such conduct in the future.
A person contravenes this subsection if the person is subject to a requirement under subsection (2) and the person fails to comply with the requirement.
A person commits an offence of strict liability if the person contravenes subsection (3).
Penalty: 30 penalty units.
For strict liability, see section 6.1 of the Criminal Code.
A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 30 penalty units.
A notice under subsection (2) is not a legislative instrument.
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