Authorised person may give notice to comply
11 Authorised person may give notice to comply
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.
The notice must state —
the act or omission comprising the contravention; and
the action the brand owner may take to rectify the alleged contravention; and
the day by which the brand owner must take the action.
The stated day must be at least 2 months after the notice is given to the brand owner.
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.
A brand owner cannot be prosecuted for an alleged contravention of regulation 6 or 10 unless the brand owner —
is given a notice under subregulation (1); and
does not comply with the notice.
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