South Australian Numbered Acts South Australian Numbered Acts24—Substitution of section 63A
Section 63A—delete the section and substitute:
63A—Warning notices
(1) If it appears to the Commission that a person has been guilty of a contravention of Part 3 or Part 6A (other than in relation to contraventions of Part 6A for which the Technical Regulator may issue a warning notice under subsection (2)
) and the contravention is capable of being rectified, the Commission may issue a warning notice to the person, warning the person that the person may be prosecuted for the contravention unless the person takes action specified in the notice to rectify the contravention within the period specified in the notice.
(2) If it appears to the Technical Regulator that a person has been guilty of a contravention of Part 6, or Part 6A in relation to contraventions relating to technical and safety matters arising under Part 6A, and the contravention is capable of being rectified, the Technical Regulator may issue a warning notice to the person, warning the person that the person may be prosecuted for the contravention unless the person takes action specified in the notice to rectify the contravention within the period specified in the notice.
(3) A warning notice issued under this section must be in writing.
(4) The action that may be specified in a warning notice to rectify a contravention may include action to remedy adverse consequences of the contravention, for example (without limitation)—
(a) the refunding of an amount wrongly paid to the person as a result of the contravention; or
(b) the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or
(c) the disclosure of information; or
(d) the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.
(5) The Commission or the Technical Regulator may, by written notice to a person, vary a warning notice issued to the person.
(6) If the Commission or the Technical Regulator issues a warning notice to a person, the Commission or the Technical Regulator must not proceed against the person in respect of the contravention to which the notice relates, unless the person fails to take action specified in the notice to rectify the contravention within the period specified in the notice.
63B—Assurances
(1) The Commission may accept an assurance given by a person in connection with a matter in relation to which the Commission has a power or function under this Act.
(2) The Technical Regulator may accept an assurance given by a person in connection with a matter in relation to which the Technical Regulator has a power or function under this Act.
(3) An assurance under this section must be in writing.
(4) A person who has given an assurance may, with the consent of the Commission or the Technical Regulator (as the case requires), withdraw or vary the assurance at any time.
(5) If the Commission or the Technical Regulator accepts an assurance, the Commission or the Technical Regulator must not proceed against the person who has given the assurance in respect of the conduct specified in the assurance, unless it appears to the Commission or the Technical Regulator that the person has acted contrary to, or has failed to comply with, the assurance.