Warning notices
63A Warning notices
If it appears to the Commission that a person has been guilty of a contravention of Part 3 or Part 6A (other than in relation to contraventions of Part
6A for which the Technical Regulator may issue a warning notice under subsection (2)) and the contravention is capable of being rectified, the Commission may issue a warning notice to the person, warning the person that the person may be prosecuted for the contravention unless the person takes action specified in the notice to rectify the contravention within the period specified in the notice.
If it appears to the Technical Regulator that a person has been guilty of a contravention of Part
6, or Part 6A in relation to contraventions relating to technical and safety matters arising under Part
6A, and the contravention is capable of being rectified, the
Technical Regulator may issue a warning notice to the person, warning the person that the person may be prosecuted for the contravention unless the person takes action specified in the notice to rectify the contravention within the period specified in the notice.
A warning notice issued under this section must be in writing.
The action that may be specified in a warning notice to rectify a contravention may include action to remedy adverse consequences of the contravention, for example (without limitation)—
the refunding of an amount wrongly paid to the person as a result of the contravention; or
the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or
the disclosure of information; or
the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.
The
Commission or the Technical Regulator may, by written notice to a person, vary a warning notice issued to the person.
If the Commission or the Technical Regulator issues a warning notice to a person, the Commission or the Technical Regulator must not proceed against the person in respect of the contravention to which the notice relates, unless the person fails to take action specified in the notice to rectify the contravention within the period specified in the notice.
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