38Certificate surrender notice

38 Certificate surrender notice (1) If the ESC considers that an accredited person is in breach of an undertaking given under section 10(2), the ESC may issue a certificate surrender notice to that person. (2) A person must comply with a certificate surrender notice issued to the person under this section. 1. 600 penalty units and an additional 1 penalty unit for each certificate that the person fails to surrender in accordance with the notice. S. 38(3) repealed by No. 34/2022 s. 62. (4) A surrender certificate notice must specify— (a) the name and postal address of the accredited person; (b) the number of certificates that must be surrendered to the ESC; (c) the time within which the certificates specified must be surrendered. (5) The number of certificates that must be surrendered must be equivalent to the number of certificates created and registered under this Act in breach of the undertaking. (6) The certificate surrender notice must include a statement advising the accredited person that if the number of certificates specified in the certificate surrender notice to be surrendered is not surrendered in accordance with the certificate surrender notice, the ESC may apply to a court for an order under section 39. (7) A certificate surrendered in accordance with a certificate surrender notice is not to be counted toward a person's compliance with section 27. (8) To avoid doubt, it is not an excuse for a failure to comply with a certificate surrender notice that the person to whom the certificate surrender notice is issued is not, at the time the certificate surrender notice is issued, the registered owner of a sufficient number of certificates to comply with the certificate surrender notice.