Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 153M

Commission may issue public warning notice

             (1)  This section applies if:

                     (a)  the Commission gave a corporation a notice under section 153L in relation to prohibited conduct; and

                     (b)  at least 21 days have passed since the Commission gave the corporation the notice; and

                     (c)  no more than 90 days have passed since the Commission gave the corporation the notice.

             (2)  The Commission may issue to the public a written notice containing a warning about the prohibited conduct if the Commission reasonably believes that:

                     (a)  any of the following conditions are satisfied:

                              (i)  the corporation has engaged in the prohibited conduct;

                             (ii)  the corporation is engaging in the prohibited conduct; and

                     (b)  one or more persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct; and

                     (c)  it is in the public interest to issue the notice.

             (3)  The notice must:

                     (a)  state the day on which the notice is issued; and

                     (b)  identify:

                              (i)  the corporation mentioned in paragraph (2)(a); and

                             (ii)  the prohibited conduct mentioned in paragraph (2)(a).

             (4)  A notice issued under subsection (2) is not a legislative instrument.



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