Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZM

Commission may issue public warning notice

  (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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback