Commonwealth Consolidated Acts

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Commission may give draft public warning notice

  (1)   The Commission may give a corporation a notice in writing if the Commission reasonably believes that:

  (a)   any of the following conditions are satisfied:

  (i)   the corporation has engaged in prohibited conduct;

  (ii)   the corporation is engaging in prohibited conduct; and

  (b)   one or more persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct; and

  (c)   it is in the public interest to issue the notice.

  (2)   The notice must:

  (a)   state the day on which the notice is given; and

  (b)   identify:

  (i)   the corporation mentioned in paragraph   (1)(a); and

  (ii)   the prohibited conduct mentioned in paragraph   (1)(a); and

  (c)   explain the reasons why the Commission reasonably believes that the requirements in paragraphs   (1)(a), (b) and (c) are met; and

  (d)   state that:

  (i)   the corporation may, within 21 days after being given the notice, make representations to the Commission regarding the matters mentioned in paragraphs   (1)(a), (b) and (c); and

  (ii)   the Commission may issue a public warning notice under section   153M in relation to the prohibited conduct after those 21 days have passed.

  (3)   A notice given under subsection   (1) is not a legislative instrument.

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