57Administrative consequences of non‑compliance

57 Administrative consequences of non‑compliance

Scope (1) This section applies if a person (the relevant person), without reasonable excuse, contravenes Part 2, 3 or 4. Adverse publicity notice (2) The Authority may, by written notice given to the relevant person, require the relevant person to: (a) take either or both of the following actions within the period specified in the notice: (i) to publicise, in the way specified in the notice, the contravention, the details of the contravention, and any other related matter; (ii) to notify a specified person or specified class of person, in the way specified in the notice, of the contravention, the details of the contravention, and any other related matter; and (b) give the Authority, within 7 days after the end of the period specified in the notice, evidence that the action or actions were taken by the relevant person in accordance with the notice. (3) If the relevant person is a subsidiary of a constitutional corporation, the Authority may, by written notice given to the corporation, require the corporation to: (a) take either or both of the following actions within the period specified in the notice: (i) to publicise, in the way specified in the notice, the name of the relevant person, the relevant person’s contravention, the details of the contravention, the fact that the relevant person is a subsidiary of the corporation, and any other related matter; (ii) to notify a specified person or specified class of person, in the way specified in the notice, of the relevant person’s contravention, the details of the contravention, the fact that the relevant person is a subsidiary of the corporation, and any other related matter; and (b) give the Authority, within 7 days after the end of the period specified in the notice, evidence that the action or actions were taken by the corporation in accordance with the notice. Naming relevant person etc. in annual report (4) The Authority may, in a report under section 83: (a) name the relevant person as having contravened Part 2, 3 or 4, and set out details of the contravention; and (b) if the relevant person is a subsidiary of a body corporate—name the relevant person as a subsidiary of the body corporate. Naming relevant person etc. in other ways (5) The Authority may, by electronic or other means: (a) name the relevant person as having contravened Part 2, 3 or 4, and set out details of the contravention; and (b) if the relevant person is a subsidiary of a body corporate—name the relevant person as a subsidiary of the body corporate. Prior notice to relevant person etc. (6) If the Authority proposes to: (a) give a notice to a person under subsection (2) or (3); or (b) name a person in a report in accordance with subsection (4); or (c) name a person under subsection (5); the Authority must: (d) give the person notice in writing of the proposal and the reasons for the proposal; and (e) invite the person to: (i) make written representations to the Authority about the proposal; and (ii) do so within the period of 28 days beginning on the day specified in the notice; and (f) have regard to any written representations made by the person within that period.