40Direction to rectify

40 Direction to rectify (a) the Minister is satisfied on reasonable grounds that— (i) a ground referred to in section 39 (1) exists; and (ii) it is appropriate to give to the licensed provider an opportunity to rectify the matter or matters that give rise to the Minister’s belief; and (b) the licensed provider has been given— (i) written notice that the Minister proposes to give a direction under this section; and (ii) a reasonable opportunity to make representations about the proposed direction under subsection (2). (2) The Minister may, by written notice given to the licensed provider, direct the licensed provider to rectify the matter or matters specified in the notice in a way specified in the notice within the period specified in the notice, being a period that is reasonable having regard to the nature of the matter or matters to be rectified. (3) A notice under this section must state the reasons for the decision to give the direction.

(4) A licensed provider must comply with a direction under this section.