31Notice to comply

31 Notice to comply

S. 31(1) amended by No. 23/2021 s. 26(1).

(1) A sector regulator may give a relevant entity for which it is a sector regulator a notice to comply if the sector regulator believes on reasonable grounds that the relevant entity is not complying with the Child Safe Standards.

(2) A notice to comply—

(i) the reason for the issue of the notice to comply;

S. 31(2)(b)(ii) amended by No. 23/2021 s. 26(2)(a).

(ii) the Child Safe Standards that the sector regulator believes the relevant entity is not complying with and the grounds for that belief;

(iii) the action that the relevant entity is required to take to address any issues that have been identified in the notice to comply;

(iv) the date by which the relevant entity must take the action specified in the notice to comply, being not less than 14 days after the day on which the notice is given;

S. 31(2)(b)(v) substituted by No. 23/2021 s. 26(2)(b).

(v) any enforcement action that may be taken against the relevant entity for failing to comply with the notice;

S. 31(2)(b)(va) inserted by No. 23/2021 s. 26(2)(b).

(va) the maximum criminal and civil penalty for failing to comply with the notice;

(vi) the process for seeking a review of the decision to issue the notice;

(vii) the prescribed matters (if any); and

(c) must be accompanied by any recommendations or advice available to assist the entity to address the issues identified in the notice.

(3) A relevant entity given a notice to comply must comply with the notice.

S. 31(4) amended by No. 23/2021 s. 26(3).

(4) Despite subsection (2)(b)(iv), the sector regulator may specify a date that is less than 14 days after the day on which the notice is given in exceptional circumstances.

S. 31(5) amended by No. 23/2021 s. 26(4).

(5) The sector regulator, by further written notice given to a relevant entity, and at any time, may vary or revoke a notice to comply.

New s. 32 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 27.