Duty to notify of notifiable incidents
38 Duty to notify of notifiable incidents
A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
Penalty: The tier D monetary penalty.
The notice must be given in accordance with this section and by the fastest possible means.
The notice must be given:
by telephone; or
in writing.
The written notice can be given by facsimile, email or other electronic means.
A person giving notice by telephone must:
give the details of the incident requested by the regulator; and
if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.
A written notice must be in a form, or contain the details, approved by the regulator.
If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking:
details of the information received; or
an acknowledgement of receiving the notice.
A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.
Penalty: The tier F monetary penalty.
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