33Directions to comply with licence conditions

33 Directions to comply with licence conditions

(1)  The Regulator, if satisfied on reasonable grounds that the licensee has been or is failing to comply with the conditions of the licence, may give the licensee a direction requiring the licensee to take the action that the Regulator considers necessary to secure compliance with those conditions.

(2)  A direction must be given by written notice or, if the Regulator is of the opinion that immediate action is required, it may be given orally.

(3)  If a direction is given orally, it must be confirmed in writing as soon as practicable after being given.

(4)  A direction must state the action required to be taken by the licensee and the time within which the action is required to be taken.

(5)  A licensee that is given a direction under this section must comply with the direction.

Penalty:  Fine not exceeding 1 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 100 penalty units for each day during which the offence continues.

(6)  If a licensee fails to comply with a direction given to it under this section –

(a) the Regulator, or a person authorised in writing by the Regulator, may take any action that is reasonable and necessary to give effect to the direction; and

(b) the costs incurred in giving effect to the direction under paragraph (a) are recoverable from the licensee in any court of competent jurisdiction as a debt due to the Crown from the licensee; and

(c) for the purposes of giving effect to the direction, neither the Regulator nor a person authorised by the Regulator under paragraph (a) is required to hold a licence.