sec.135ADRequirements for warning notice

### sec.135AD Requirements for warning notice The warning notice must state each of the following— particulars of the contravention; that regulator proposes to give the retailer a contravention notice unless the retailer— takes steps reasonably necessary to remedy the contravention; and gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— avoid any similar future contravention; and take steps reasonably necessary to avoid a future recurrence of the contravention; a period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with; that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given. The warning period must be— if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period the regulator considers is reasonable in the circumstances; or otherwise—at least 20 business days. The warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence. paying compensation to someone who has suffered damage, injury or loss because of the contravention s 135AD prev s 135AD ins 2004 No. 50 s 12 amd 2005 No. 51 s 3 sch exp 30 June 2014 (see s 135JW) pres s 135AD ins 2014 No. 48 s 74 (sec.135AD-ssec.1) The warning notice must state each of the following— particulars of the contravention; that regulator proposes to give the retailer a contravention notice unless the retailer— takes steps reasonably necessary to remedy the contravention; and gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— avoid any similar future contravention; and take steps reasonably necessary to avoid a future recurrence of the contravention; a period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with; that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given. (sec.135AD-ssec.2) The warning period must be— if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period the regulator considers is reasonable in the circumstances; or otherwise—at least 20 business days. (sec.135AD-ssec.3) The warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence. paying compensation to someone who has suffered damage, injury or loss because of the contravention - (a) particulars of the contravention; - (b) that regulator proposes to give the retailer a contravention notice unless the retailer— (i) takes steps reasonably necessary to remedy the contravention; and (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention; - (i) takes steps reasonably necessary to remedy the contravention; and - (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention; - (A) avoid any similar future contravention; and - (B) take steps reasonably necessary to avoid a future recurrence of the contravention; - (c) a period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with; - (d) that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given. - (i) takes steps reasonably necessary to remedy the contravention; and - (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention; - (A) avoid any similar future contravention; and - (B) take steps reasonably necessary to avoid a future recurrence of the contravention; - (A) avoid any similar future contravention; and - (B) take steps reasonably necessary to avoid a future recurrence of the contravention; - (a) if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period the regulator considers is reasonable in the circumstances; or - (b) otherwise—at least 20 business days.