231ASecretary may develop compliance and enforcement policy

231A Secretary may develop compliance and enforcement policy (1) The Secretary may make a policy (a ***compliance and enforcement policy***) to promote compliance with, and enforcement of, this Act or specified provisions of this Act including, but not limited to a compliance and enforcement policy in relation to a particular pandemic, emergency or public health risk. (2) A compliance and enforcement policy— (a) must set out options for promoting compliance with, and enforcement of, this Act or specified provisions of this Act; and (b) must set out guidance on how persons involved in compliance and enforcement functions may or must use those options to promote compliance with, and enforcement of, this Act or specified provisions of this Act; and (c) may set out guidance on any other matters relevant to compliance with, and enforcement of, this Act or specified provisions of this Act. (3) A compliance and enforcement policy may— (a) set out guidance in relation to the issuing of infringement notices, and (b) provide that any part of the policy is taken to be an enforcement agency guideline or policy for the purposes of section 9 of the **Infringements Act 2006**; (4) If a compliance and enforcement policy provides that any part of the policy is taken to be an enforcement agency guideline or policy for the purposes of section 9 of the **Infringements Act 2006**— (a) a person who issues, or considers whether or not to issue, an infringement notice under this Act must have regard to the compliance and enforcement policy; and (b) if there is a conflict between the compliance and enforcement policy and any other enforcement agency guideline or policy, the compliance and enforcement policy prevails. (5) The Secretary must publish a compliance and enforcement policy on an Internet site maintained by the Department. (6) A person who performs a function or exercises a power under this Act must have regard to any applicable compliance and enforcement policy in performing the function or exercising the power. (7) A compliance and enforcement policy relating to the COVID-19 pandemic— (a) must be published not later than 90 days after the commencement of this section; and (b) must promote compliance with, and enforcement of, this Act or specified provisions of this Act in its application to the COVID-19 pandemic; (c) without limiting subsections (2), (3) and (4), must set out guidance on how persons involved in compliance and enforcement functions in relation to the COVID-19 pandemic are to consider the impacts of the performance of those functions upon vulnerable persons and communities. Division 6—Regulations