22Publication of information about failure to comply with Act

22 Publication of information about failure to comply with Act

(1) If the Regulator is reasonably satisfied that a constitutionally covered entity has failed to comply with this Act, the Regulator may publish the identity of the entity and details of the non‑compliance: (a) on the register; and (b) in any other way the Regulator considers appropriate.

Note: A decision to publish the identity of an entity or details of non‑compliance is reviewable: see section 51.

(2) Before the Regulator decides to publish the identity of the entity or details of the non‑compliance under subsection (1), the Regulator must: (a) give the entity notice in writing of the proposed decision and the reasons for the proposed decision; and (b) invite the entity to make written submissions to the Regulator about the proposed decision within the period of 28 days beginning on the day the notice is given; and (c) have regard to any written submissions made by the entity within that period. (3) If: (a) the Regulator has published the identity of an entity and details of non‑compliance in accordance with this section; and (b) the Regulator is considering whether to publish the identity of that entity and details of the non‑compliance again (including by publishing that information in some other way); the Regulator need not comply with subsection (2) in relation to the publication mentioned in paragraph (b) of this subsection.