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CONVEYANCERS LICENSING ACT 2003 - SECT 142
Warning notices
142 Warning notices
(1) The Secretary may authorise publication of a notice warning persons of
particular risks involved in dealing with a specified licensee, or a person
who does not hold a licence, in connection with the activities of licensees.
(2) For example, a warning may relate to the risks involved in dealing with a
person who has a recent history of unconscionable conduct in the person's
dealings with consumers.
(3) The Secretary may authorise publication of such
a notice in any one or more of the following ways-- (a) to any person making
inquiries to the Secretary about the licensee concerned,
(b) by advertisement
by the use of any medium,
(c) to any media representatives.
(4) Publication
of such a notice may not be authorised unless an investigation has been
conducted by the Secretary, whether or not a complaint has been made.
(5)
Before authorising publication of such a notice, the Secretary must give the
person concerned an opportunity for a period of not less than 48 hours to make
representations to the Secretary about publication of such a notice, unless--
(a) the Secretary is not able, after making reasonable efforts to do so, to
contact the person promptly and advise the person of that opportunity, or
(b)
the person refuses to make any representations.
(6) No opportunity to make
representations is required to be given if, in the opinion of the Secretary,
there is an immediate risk to the public.
(7) No liability is incurred by a
person for publishing in good faith-- (a) a notice under this section, or
(b)
a fair report or summary of such a notice.
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