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CORPORATIONS ACT 2001 - SECT 1023P

Enforcement of product intervention orders

             (1)  A person must not engage in conduct contrary to a product intervention order that is in force in relation to the person.

Note 1:       Failure to comply with this subsection is an offence (see subsection 1311(1)).

Note 2:       This subsection is also a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.

             (2)  A person who is required by a product intervention order to take reasonable steps to notify a retail client must comply with the requirement.

Note 1:       For this requirement, see subsection 1023N(1).

Note 2:       Failure to comply with this subsection is an offence (see subsection 1311(1)).

Note 3:       This subsection is also a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.

             (3)  Subsections (1) and (2) do not apply if:

                     (a)  the product intervention order is not a legislative instrument; and

                     (b)  the person was not aware, and could not reasonably have been aware, of the order.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).

             (4)  If a product intervention order has been served on a person, the person must take all reasonable steps as soon as practicable to ensure that other persons who engage in conduct to which the order applies are aware of the order.

Note 1:       Failure to comply with this subsection is an offence (see subsection 1311(1)).

Note 2:       This subsection is also a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.



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