86Publication of name and details of non-complying entity

86 Publication of name and details of non-complying entity (1) For this section, an entity is a non-complying entity if— (a) a final report or third-party report recommends that the entity do something within, or stop doing something by, a stated time; and (b) the entity has been given a copy of the report; and (c) the entity has not done the thing, or stopped doing the thing, by the end of the time. (2) An entity is also a non-complying entity if— (a) the commission has required the entity under this Act to provide information, produce a document or thing or attend to answer questions; and (b) the entity has not complied with the requirement. (3) The commission may do either or both of the following in relation to the non-complying entity’s name and details of the entity’s failure mentioned in subsection (1) or (2): (a) publish them; (b) report them to the Minister. Examples of where name and details may be published for par (a) 1 on the commission website 2 in a newspaper 3 in the commission’s annual report (4) However, the commission must not publish or report under subsection (3) unless— (a) the commission has given the entity a written notice that— (i) gives details of the entity’s failure to which the notice relates; and (ii) explains that the commission proposes to publish under subsection (3) the entity’s name and details of the entity’s failure; and (iii) invites submissions about the proposed publication within the time stated in the notice (not less than 2 weeks after the day the entity is given the notice); and (b) the time stated in the notice has ended; and (c) the commission has considered any submission made by the entity within the time and is satisfied that it is in the public interest to publish the entity’s name and details of the entity’s failure. (5) To remove any doubt, if the commission reports to the Minister under subsection (3), the Minister may, but need not, present the report to the Legislative Assembly.