(a) the Commission gave a person a notice under section 53ZL in relation to prohibited conduct; and
(b) at least 21 days have passed since the Commission gave the person the notice; and
(c) no more than 90 days have passed since the Commission gave the person the notice; and
(d) the Commission reasonably believes that any of the following conditions are satisfied:
(i) the person has engaged in the prohibited conduct;
(ii) the person is engaging in the prohibited conduct; and
(e) the Commission reasonably believes that one or more other persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct.
(2) This section also applies if the Commission reasonably believes that:
(a) any of the following conditions are satisfied:
(i) a person has engaged in prohibited conduct;
(ii) a person is engaging in prohibited conduct; and
(b) there is a significant risk of imminent, serious harm to the welfare of Australians as a result of the prohibited conduct; and
(c) issuing a notice under this section in relation to the prohibited conduct, without first giving a notice under section 53ZL in relation to the prohibited conduct, is reasonably necessary to:
(i) prevent that harm or reduce that risk; or
(ii) reduce the seriousness of that harm.
(3) The Commission may issue to the public a written notice containing a warning about the prohibited conduct if the Commission reasonably believes that it is in the public interest to issue the notice.
(a) state the day on which the notice is issued; and
(i) the person mentioned in paragraph (1)(a) or (2)(a); and
(ii) the prohibited conduct mentioned in that paragraph.
(5) A notice issued under subsection (3) is not a
legislative instrument.