sec.142ZZDCompliance notices

### sec.142ZZD Compliance notices This section applies if the commissioner reasonably believes a licensee or permittee— is engaging in an unacceptable practice or promotion in contravention of section 142ZZ ; or has engaged in an unacceptable practice or promotion in contravention of section 142ZZ in circumstances that make it likely the contravention will continue or be repeated; or is advertising a matter in contravention of section 142ZZC ; or has advertised a matter in contravention of section 142ZZC in circumstances that make it likely the contravention will continue or be repeated. This section also applies if the commissioner— reasonably believes a licensee or permittee— is engaging in a practice or promotion in the conduct of business on the relevant premises; or has engaged in a practice or promotion in the conduct of business on the relevant premises in circumstances that make it likely the practice or promotion will continue or be repeated; or is advertising a matter relating to the business conducted on the relevant premises; or has advertised a matter relating to the business conducted on the relevant premises in circumstances that make it likely the advertisement will continue or be repeated; and considers that, having regard to the purposes of this Act, the practice, promotion or advertisement is contrary to the public interest. The commissioner may give to the licensee or permittee a notice (a compliance notice ) stating the following— that the commissioner— holds the belief mentioned in subsection (1) ; or holds the belief mentioned in subsection (2) (a) and considers the practice, promotion or advertisement is contrary to the public interest; a description of the practice, promotion or advertisement; briefly— for subsection (1) , how it is believed section 142ZZ or 142ZZC is being contravened or has been contravened; or for subsection (2) , why the commissioner considers the practice, promotion or advertisement is contrary to the public interest; whichever of the following that is relevant— that the licensee or permittee must not engage, or continue to engage, in the practice or promotion; that the licensee or permittee must not continue or repeat the advertisement; that the licensee or permittee must take particular action to remedy the contravention, or avoid further contravention, of section 142ZZ or 142ZZC ; A licensee may be required to ensure stated harm minimisation measures are in place whenever a licensee engages in a particular practice. that it is an offence to fail to comply with the compliance notice unless the licensee or permittee has a reasonable excuse. The licensee or permittee must comply with the compliance notice unless the licensee or permittee has a reasonable excuse. Maximum penalty—100 penalty units. The compliance notice may state other matters the commissioner considers appropriate. The compliance notice may refer to the commissioner’s powers under this Act to take disciplinary action relating to the licence or permit. To remove any doubt, it is declared that, except to the extent the compliance notice states otherwise, it continues to have effect until it is revoked. While a compliance notice remains in force, the commissioner must review it at 1 yearly intervals to ensure it remains appropriate. A person given a compliance notice may, at any time while the notice is in force, apply to the commissioner to revoke the notice or make a stated amendment of the notice. The commissioner may make a guideline under section 42A about practices, promotions or advertisements that may be considered to be contrary to the public interest for subsection (2) . s 142ZZD ins 2014 No. 42 s 66 (sec.142ZZD-ssec.1) This section applies if the commissioner reasonably believes a licensee or permittee— is engaging in an unacceptable practice or promotion in contravention of section 142ZZ ; or has engaged in an unacceptable practice or promotion in contravention of section 142ZZ in circumstances that make it likely the contravention will continue or be repeated; or is advertising a matter in contravention of section 142ZZC ; or has advertised a matter in contravention of section 142ZZC in circumstances that make it likely the contravention will continue or be repeated. (sec.142ZZD-ssec.2) This section also applies if the commissioner— reasonably believes a licensee or permittee— is engaging in a practice or promotion in the conduct of business on the relevant premises; or has engaged in a practice or promotion in the conduct of business on the relevant premises in circumstances that make it likely the practice or promotion will continue or be repeated; or is advertising a matter relating to the business conducted on the relevant premises; or has advertised a matter relating to the business conducted on the relevant premises in circumstances that make it likely the advertisement will continue or be repeated; and considers that, having regard to the purposes of this Act, the practice, promotion or advertisement is contrary to the public interest. (sec.142ZZD-ssec.3) The commissioner may give to the licensee or permittee a notice (a compliance notice ) stating the following— that the commissioner— holds the belief mentioned in subsection (1) ; or holds the belief mentioned in subsection (2) (a) and considers the practice, promotion or advertisement is contrary to the public interest; a description of the practice, promotion or advertisement; briefly— for subsection (1) , how it is believed section 142ZZ or 142ZZC is being contravened or has been contravened; or for subsection (2) , why the commissioner considers the practice, promotion or advertisement is contrary to the public interest; whichever of the following that is relevant— that the licensee or permittee must not engage, or continue to engage, in the practice or promotion; that the licensee or permittee must not continue or repeat the advertisement; that the licensee or permittee must take particular action to remedy the contravention, or avoid further contravention, of section 142ZZ or 142ZZC ; A licensee may be required to ensure stated harm minimisation measures are in place whenever a licensee engages in a particular practice. that it is an offence to fail to comply with the compliance notice unless the licensee or permittee has a reasonable excuse. (sec.142ZZD-ssec.4) The licensee or permittee must comply with the compliance notice unless the licensee or permittee has a reasonable excuse. Maximum penalty—100 penalty units. (sec.142ZZD-ssec.5) The compliance notice may state other matters the commissioner considers appropriate. The compliance notice may refer to the commissioner’s powers under this Act to take disciplinary action relating to the licence or permit. (sec.142ZZD-ssec.6) To remove any doubt, it is declared that, except to the extent the compliance notice states otherwise, it continues to have effect until it is revoked. (sec.142ZZD-ssec.7) While a compliance notice remains in force, the commissioner must review it at 1 yearly intervals to ensure it remains appropriate. (sec.142ZZD-ssec.8) A person given a compliance notice may, at any time while the notice is in force, apply to the commissioner to revoke the notice or make a stated amendment of the notice. (sec.142ZZD-ssec.9) The commissioner may make a guideline under section 42A about practices, promotions or advertisements that may be considered to be contrary to the public interest for subsection (2) . - (a) is engaging in an unacceptable practice or promotion in contravention of section 142ZZ ; or - (b) has engaged in an unacceptable practice or promotion in contravention of section 142ZZ in circumstances that make it likely the contravention will continue or be repeated; or - (c) is advertising a matter in contravention of section 142ZZC ; or - (d) has advertised a matter in contravention of section 142ZZC in circumstances that make it likely the contravention will continue or be repeated. - (a) reasonably believes a licensee or permittee— (i) is engaging in a practice or promotion in the conduct of business on the relevant premises; or (ii) has engaged in a practice or promotion in the conduct of business on the relevant premises in circumstances that make it likely the practice or promotion will continue or be repeated; or (iii) is advertising a matter relating to the business conducted on the relevant premises; or (iv) has advertised a matter relating to the business conducted on the relevant premises in circumstances that make it likely the advertisement will continue or be repeated; and - (i) is engaging in a practice or promotion in the conduct of business on the relevant premises; or - (ii) has engaged in a practice or promotion in the conduct of business on the relevant premises in circumstances that make it likely the practice or promotion will continue or be repeated; or - (iii) is advertising a matter relating to the business conducted on the relevant premises; or - (iv) has advertised a matter relating to the business conducted on the relevant premises in circumstances that make it likely the advertisement will continue or be repeated; and - (b) considers that, having regard to the purposes of this Act, the practice, promotion or advertisement is contrary to the public interest. - (i) is engaging in a practice or promotion in the conduct of business on the relevant premises; or - (ii) has engaged in a practice or promotion in the conduct of business on the relevant premises in circumstances that make it likely the practice or promotion will continue or be repeated; or - (iii) is advertising a matter relating to the business conducted on the relevant premises; or - (iv) has advertised a matter relating to the business conducted on the relevant premises in circumstances that make it likely the advertisement will continue or be repeated; and - (a) that the commissioner— (i) holds the belief mentioned in subsection (1) ; or (ii) holds the belief mentioned in subsection (2) (a) and considers the practice, promotion or advertisement is contrary to the public interest; - (i) holds the belief mentioned in subsection (1) ; or - (ii) holds the belief mentioned in subsection (2) (a) and considers the practice, promotion or advertisement is contrary to the public interest; - (b) a description of the practice, promotion or advertisement; - (c) briefly— (i) for subsection (1) , how it is believed section 142ZZ or 142ZZC is being contravened or has been contravened; or (ii) for subsection (2) , why the commissioner considers the practice, promotion or advertisement is contrary to the public interest; - (i) for subsection (1) , how it is believed section 142ZZ or 142ZZC is being contravened or has been contravened; or - (ii) for subsection (2) , why the commissioner considers the practice, promotion or advertisement is contrary to the public interest; - (d) whichever of the following that is relevant— (i) that the licensee or permittee must not engage, or continue to engage, in the practice or promotion; (ii) that the licensee or permittee must not continue or repeat the advertisement; (iii) that the licensee or permittee must take particular action to remedy the contravention, or avoid further contravention, of section 142ZZ or 142ZZC ; Example for subparagraph (iii) — A licensee may be required to ensure stated harm minimisation measures are in place whenever a licensee engages in a particular practice. - (i) that the licensee or permittee must not engage, or continue to engage, in the practice or promotion; - (ii) that the licensee or permittee must not continue or repeat the advertisement; - (iii) that the licensee or permittee must take particular action to remedy the contravention, or avoid further contravention, of section 142ZZ or 142ZZC ; Example for subparagraph (iii) — A licensee may be required to ensure stated harm minimisation measures are in place whenever a licensee engages in a particular practice. - (e) that it is an offence to fail to comply with the compliance notice unless the licensee or permittee has a reasonable excuse. - (i) holds the belief mentioned in subsection (1) ; or - (ii) holds the belief mentioned in subsection (2) (a) and considers the practice, promotion or advertisement is contrary to the public interest; - (i) for subsection (1) , how it is believed section 142ZZ or 142ZZC is being contravened or has been contravened; or - (ii) for subsection (2) , why the commissioner considers the practice, promotion or advertisement is contrary to the public interest; - (i) that the licensee or permittee must not engage, or continue to engage, in the practice or promotion; - (ii) that the licensee or permittee must not continue or repeat the advertisement; - (iii) that the licensee or permittee must take particular action to remedy the contravention, or avoid further contravention, of section 142ZZ or 142ZZC ; Example for subparagraph (iii) — A licensee may be required to ensure stated harm minimisation measures are in place whenever a licensee engages in a particular practice.