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reg 11

Authorised person may give notice to comply

In force
Part 2Responsibilities of certain brand owners
Division 5Compliance notice

11 Authorised person may give notice to comply

(1)

If an authorised person believes on reasonable grounds that a brand owner has contravened regulation 6 or 10, the authorised person may give the brand owner a written notice under this regulation.

(2)

The notice must state —

(a)

the act or omission comprising the contravention; and

(b)

the action the brand owner may take to rectify the alleged contravention; and

(c)

the day by which the brand owner must take the action.

(3)

The stated day must be at least 2 months after the notice is given to the brand owner.

(4)

A brand owner must comply with the notice unless the brand owner has a reasonable excuse for not complying with it.

Penalty: a fine of $5 000.

(5)

A brand owner cannot be prosecuted for an alleged contravention of regulation 6 or 10 unless the brand owner —

(a)

is given a notice under subregulation (1); and

(b)

does not comply with the notice.

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