103Warning notices

#### 103 Warning notices 103 Warning notices > > (1) The Secretary may authorise publication of a notice (a warning notice) warning persons of particular risks involved in dealing with— > > > > > (a) a specified registered certifier, former registered certifier, accreditation authority or former accreditation authority, or > > > > > (b) any other person that the Secretary reasonably believes may have breached this Act or the regulations. > > > (2) The Secretary may authorise publication of a warning notice in any one or more of the following ways— > > > > > (a) to any person making inquiries to the Secretary about the person concerned, > > > > > (b) by advertisement by the use of any medium, > > > > > (c) to any media representatives. > > > (3) Publication of a warning notice may be authorised whether or not a complaint has been made. However, the Secretary must conduct an investigation before authorising the publication. > > > (4) Before authorising publication of a warning notice, the Secretary must give the person concerned an opportunity for a period of not less than 2 business days to make representations to the Secretary about publication of the warning notice, unless— > > > > > (a) the Secretary, after making reasonable efforts to do so, is not able to contact the person promptly and advise the person of that opportunity, or > > > > > (b) the person refuses to make any representations. > > > (5) However, 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. > > > (6) No liability is incurred by a person for publishing in good faith— > > > > > (a) a warning notice under this section, or > > > > > (b) a fair report or summary of a warning notice.