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Fair Trading (Australian Consumer Law) Act 1992
34GCompulsory conciliation notice
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34G Compulsory conciliation notice
(1) The commissioner may, by written notice (a compulsory conciliation
notice), require a business to attend a conciliation in relation to a
consumer complaint if—
(a) the business is the subject of the complaint; and
(b) the consumer who made the complaint agrees.
(2) The compulsory conciliation notice must state the time and place that
the business is required to attend the conciliation.
34GA Offence—business not attending conciliation
(1) A business commits an offence if the business—
(a) receives a compulsory conciliation notice to attend a
conciliation; and
(b) fails to attend the conciliation at the time and place stated in the
notice.
Maximum penalty: 30 penalty units.
(2) Subsection (1) does not apply if the business has a reasonable excuse
for not attending the conciliation.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
(3) An offence against this section is a strict liability offence.