18EJOpportunity to be heard before notice served

18EJ Opportunity to be heard before notice served

18EJ Opportunity to be heard before notice served

(1) Before serving a market monitoring information notice, the AER must give the person on whom the AER intends to serve the notice a draft of the notice and an opportunity to make a submission on the draft notice.

(2) A draft notice must state—

(a) whether the notice is to be issued as a standard notice or an urgent notice; and

(b) for an urgent notice—the reasons the AER believes access to the relevant information is time critical.

(3) A submission must be made—

(a) for a standard notice—within the longer of the following—

(i) 20 business days after the draft notice is given to the person;

(ii) the period stated in the notice; or

(b) for an urgent notice—within the period stated in the draft notice, being at least 5 business days and not more than 10 business days after the draft notice is given to the person.

(4) A submission made within the time periods provided for in subsection (3) must be considered by the AER before serving a market monitoring information notice on a person.

s 18EJ: Ins 2024 No 12, sec 10.