153LCommission may give draft public warning notice

153L Commission may give draft public warning notice

(1) The Commission may give a corporation a notice in writing if the Commission reasonably believes that:

(a) any of the following conditions are satisfied:

(i) the corporation has engaged in prohibited conduct;

(ii) the corporation is engaging in prohibited conduct; and

(b) one or more persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct; and

(c) it is in the public interest to issue the notice.

(2) The notice must:

(a) state the day on which the notice is given; and

(b) identify:

(i) the corporation mentioned in paragraph (1)(a); and

(ii) the prohibited conduct mentioned in paragraph (1)(a); and

(c) explain the reasons why the Commission reasonably believes that the requirements in paragraphs (1)(a), (b) and (c) are met; and

(d) state that:

(i) the corporation may, within 21 days after being given the notice, make representations to the Commission regarding the matters mentioned in paragraphs (1)(a), (b) and (c); and

(ii) the Commission may issue a public warning notice under section 153M in relation to the prohibited conduct after those 21 days have passed.

(3) A notice given under subsection (1) is not a legislative instrument.