Commissioner may make determination
28 Commissioner may make determination
This section applies if the Commissioner has issued a compliance notice to a person under section 26(1) and—
the Commissioner has not received a response from the person under section 27(1) within 14 days; or
the Commissioner has received a response under section 27(1) within 14 days and—
the Commissioner has confirmed the compliance notice under section 27(2)(b); and
the person has failed to comply with the notice within the period specified in the notice.
The Commissioner may determine that—
the person has failed to comply with an information notice; or
S. 28(2)(ab) inserted by No. 31/2025 s. 13(1).
the person has failed to comply with an inspection notice; or
S. 28(2)(b) amended by No. 31/2025 s. 37.
the person has failed to comply with Local Jobs First; or
the person has failed to comply with a Local Industry Development Plan.
S. 28(3) amended by No. 31/2025 s. 13(2).
If the Commissioner makes a determination under subsection (2)(b) or (c), the Commissioner may—
(a) recommend to the Minister that the Minister issue an Adverse Publicity Notice in accordance with section 29; and
advise the person and the appropriate agency of—
the determination; and
the recommendation that the Minister issue an Adverse Publicity Notice.
Note
Section 10(2A) requires the Minister to include in a report to Parliament recommendations made under section 28(3)(a).
S. 28(3A) inserted by No. 31/2025 s. 13(3).
If the Commissioner makes a determination under subsection (2)(a) or (ab), the Commissioner may either—
recommend to the Minister that the Minister issue an Adverse Publicity Notice in accordance with section 29 and advise the person and the appropriate agency of—
the determination; and
the recommendation that the Minister issue an Adverse Publicity Notice; or
apply for a civil penalty order in accordance with Division 3.
S. 28(3B) inserted by No. 31/2025 s. 13(3).
Before determining whether to make a recommendation or application under subsection (3A), the Commissioner must consider whether compliance with Local Jobs First by any person would be better promoted or encouraged by—
the issue of the proposed Adverse Publicity Notice; or
the making of the proposed civil penalty order.
The person may, within 7 days after the Commissioner has advised the person of the determination and recommendation, respond to the Commissioner, in respect of the recommendation that an Adverse Publicity Notice be issued by the Minister.
S. 29 inserted by No. 35/2018 s. 18.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.