sec.67AKEnding procedure without further action

### sec.67AK Ending procedure without further action This section applies if, after considering submissions made by the director, secretary, influential person or nominee, the commission is satisfied that— the company did not carry out the work stated in the notice; or the work carried out by the company was not tier 1 defective work; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work. The commission must, as soon as practicable, advise the director, secretary, influential person or nominee in writing that no further action under this part will be taken in relation to the notice given under section 67AJ (2) . s 67AK ins 2003 No. 1 s 33 amd 2013 No. 38 s 14 sch 1 (sec.67AK-ssec.1) This section applies if, after considering submissions made by the director, secretary, influential person or nominee, the commission is satisfied that— the company did not carry out the work stated in the notice; or the work carried out by the company was not tier 1 defective work; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work. (sec.67AK-ssec.2) The commission must, as soon as practicable, advise the director, secretary, influential person or nominee in writing that no further action under this part will be taken in relation to the notice given under section 67AJ (2) . - (a) the company did not carry out the work stated in the notice; or - (b) the work carried out by the company was not tier 1 defective work; or - (c) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or - (d) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.