34CAdverse publicity orders

34C Adverse publicity orders

(1) On the application of a sector regulator, a court may order a relevant entity to do one or more of the actions set out in subsection (2) if—

(a) the relevant entity is convicted or found guilty in criminal proceedings for an offence under this Part that is constituted by the failure of the relevant entity to comply with a notice to produce or a notice to comply; or

(b) a declaration is made under section 33(1)(a) or (1A)(a) that the relevant entity has failed to comply with a notice to produce or a notice to comply.

(2) The court may order that the relevant entity take any specified action that the court considers reasonably necessary to publicise or notify any specified person or class of person of—

(a) the relevant entity's offence or failure to comply with the notice to produce or notice to comply; or

(b) the relevant entity's failure to comply with the Child Safe Standards that caused the giving of the notice or the making of the declaration (as appropriate); or

(c) any harm, or risk of harm, caused by the relevant entity's failure to comply with the notice; or

(d) any penalties imposed, or other orders made, as a result of the commission of the offence or failure to comply; or

(e) any other information the court considers appropriate.

(3) An application for an order under this section must be made within 6 months after the conviction, finding of guilt or declaration referred to in subsection (1) (as appropriate).

S. 34D inserted by No. 23/2021 s. 30.