142Warning notices

#### 142 Warning notices 142 Warning notices > > (1) The Secretary may authorise publication of a notice warning persons of particular risks involved in dealing with a specified licensee, or a person who does not hold a licence, in connection with the activities of licensees. > > > (2) For example, a warning may relate to the risks involved in dealing with a person who has a recent history of unconscionable conduct in the person’s dealings with consumers. > > > (3) The Secretary may authorise publication of such a notice in any one or more of the following ways— > > > > > (a) to any person making inquiries to the Secretary about the licensee concerned, > > > > > (b) by advertisement by the use of any medium, > > > > > (c) to any media representatives. > > > (4) Publication of such a notice may not be authorised unless an investigation has been conducted by the Secretary, whether or not a complaint has been made. > > > (5) Before authorising publication of such a notice, the Secretary must give the person concerned an opportunity for a period of not less than 48 hours to make representations to the Secretary about publication of such a notice, unless— > > > > > (a) the Secretary is not able, after making reasonable efforts to do so, to contact the person promptly and advise the person of that opportunity, or > > > > > (b) the person refuses to make any representations. > > > (6) 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. > > > (7) No liability is incurred by a person for publishing in good faith— > > > > > (a) a notice under this section, or > > > > > (b) a fair report or summary of such a notice.