Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 153M

Commission may issue public warning notice

  (1)   This section applies if:

  (a)   the Commission gave a corporation a notice under section   153L in relation to prohibited conduct; and

  (b)   at least 21 days have passed since the Commission gave the corporation the notice; and

  (c)   no more than 90 days have passed since the Commission gave the corporation the notice.

  (2)   The Commission may issue to the public a written notice containing a warning about the prohibited conduct if the Commission reasonably believes that:

  (a)   any of the following conditions are satisfied:

  (i)   the corporation has engaged in the prohibited conduct;

  (ii)   the corporation is engaging in the 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.

  (3)   The notice must:

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

  (b)   identify:

  (i)   the corporation mentioned in paragraph   (2)(a); and

  (ii)   the prohibited conduct mentioned in paragraph   (2)(a).

  (4)   A notice issued under subsection   (2) is not a legislative instrument.


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