New South Wales Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 72

Show cause action may be taken by Secretary

72 Show cause action may be taken by Secretary

(1) In this section,
"unlawful conduct" means any conduct that constitutes a contravention of a provision of this Act other than Part 2-3 of the ACL (or would constitute such a contravention if the conduct occurred in New South Wales), whether or not any proceedings have been brought in respect of the contravention.
(2) If the Secretary is satisfied that a person has, in trade or commerce, engaged in any unlawful conduct on more than one occasion (whether in New South Wales or in any other place), the Secretary may, by notice in writing served on the person, call on the person to show cause why the person should not, for the reason specified in the notice, be prevented from carrying on a business of supplying goods or services.
(3) The notice must specify the period (being at least 14 days after the notice is served) in which the person may show cause.
(4) The person on whom a notice to show cause has been served under this section may, within the period specified in the notice, make a written submission in relation to the matters to which the notice relates.
(5) The Secretary--
(a) is to consider any such submission, and
(b) may conduct such inquiries, or make such investigations, in relation to the matters to which the notice relates as the Secretary thinks appropriate.
(6) This section does not limit the operation of section 79 of this Act or Division 2 of Part 5-2 of the ACL.



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