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s 43B

Remedial action

In force
Part 8Other enforcement
Division 3BRemedial action

43B Remedial action

(1)

This section applies if the Regulator:

(a)

suspects, on reasonable grounds, that a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:

(i)

an offence against this Act; or

(ii)

a contravention of a civil penalty provision; and

(b)

is satisfied that it would be in the public interest to give the person a notice under this section.

(2)

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:

(a)

remedying the conduct;

(b)

ensuring that the person does not engage, or continue to engage, in such conduct in the future.

(3)

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.

(4)

A person commits an offence of strict liability if the person contravenes subsection (3).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(5)

A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty: 30 penalty units.

(6)

A notice under subsection (2) is not a legislative instrument.

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Section 43B — Remedial action — Water Efficiency Labelling and Standards Act 2005 (Commonwealth) — Barrister AI