(1) This section applies if:
(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.
(4) The notice must:
(a) state the day on which the notice is issued; and
(b) identify:
(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.