Section 58 of the Principal Act is amended as follows:

(a) by inserting in subsection (4) "and is satisfied that the matter amounts to professional misconduct or unprofessional conduct" after "a bill of costs" ;

(b) by inserting the following subsection after subsection (5) :

(5A)  If the Council considers that the subject matter of a complaint amounts to unprofessional conduct that is not sufficiently serious to warrant a hearing under section 60 , it may deal with the complaint under Division 1A .

(c) by omitting subsection (8) and substituting the following subsections:

(8)  If a practitioner fails without reasonable excuse to comply with a notice, the Council may –

(a) impose a fine on that practitioner –

(i) not exceeding $500 for a first failure to comply; or

(ii) not exceeding $1 000 for a second failure to comply; or

(b) make an application under section 72  –

(i) in respect of a third or subsequent failure to comply; or

(ii) if the practitioner disputes the failure to comply.

(9)  In addition to the powers referred to in subsection (8) , the Council may require a practitioner to pay any costs of, or incidental to, the failure to comply with a notice.

(10)  Any fine imposed under this section is to be paid into the Guarantee Fund.