Requirements for warning notice
271AD Requirements for warning notice
The warning notice must state each of the following—
particulars of the contravention;
that the regulator proposes to give the retailer a contravention notice unless the retailer—
takes steps reasonably necessary to remedy the contravention; and
gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will—
avoid any similar future contravention; and
take steps reasonably necessary to avoid a future recurrence of the contravention;
a period (the warning period) after which the contravention notice may be given unless the warning notice is complied with;
that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.
The warning period must be—
if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period that the regulator considers is reasonable in the circumstances; or
otherwise—at least 20 business days.
The warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence.Example of a step that may remedy a contravention—
paying compensation to someone who has suffered damage, injury or loss because of the contravention
This Act’s bill:Explanatory memorandum
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