40Taking of required actions and recovery of costs

#### 40 Taking of required actions and recovery of costs 40 Taking of required actions and recovery of costs > > (1) If a person required to conduct a product assessment (the liable person) fails to conduct that product assessment, or to provide a product assessment report, to the satisfaction of the Secretary, the Secretary may take any action that is reasonably necessary to conduct or complete that product assessment. > > > (2) The Secretary may, by notice in writing served on the liable person, require the person to pay a fee for action taken under this section. > > > (3) The fee is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action. > > > (4) Costs and expenses incurred include costs and expenses incurred by or on behalf of any government agency. > > > (5) The fee is recoverable by the Secretary as a debt payable by the liable person in any court of competent jurisdiction. > > > (6) This section does not prevent the taking of proceedings for an offence of contravening a requirement to conduct, or report on, a product assessment.