sec.79Obligation to give information about steps to achieve recovery rate for current financial year

sec.79 Obligation to give information about steps to achieve recovery rate for current financial year

This section applies if the chief executive reasonably believes that the brand owner— has not complied with section 76 or 77 for the previous financial year; and will not comply with section 77 for the current financial year. The chief executive may give the brand owner a notice that states the following matters— that the chief executive reasonably believes the matters mentioned in subsection (1) ; that the brand owner is required, within the reasonable period stated in the notice (the response period ), to give the chief executive notice of the steps that have been, or will be, taken to comply with section 77 for the current financial year; that failure to comply with the notice within the response period, or any extension of the response period granted under this section, may result in the chief executive taking action under chapter 11 of the Act ; the consequences of failing to comply with a compliance notice issued under chapter 11 of the Act . For subsection (2) (b) , the response period must end at least 14 business days after the notice is given. If the brand owner is given a notice under subsection (2) , the brand owner may apply to the chief executive, as provided under subsection (5) , for an extension of the response period (an extension application ). An extension application must— be in writing; and be made before the end of the response period; and state the reasons the extension should be granted. The chief executive must, within 10 business days after an extension application is made, decide whether to grant the application and either— for a decision to grant the application—give the brand owner a notice stating the new date by which the brand owner must comply with the notice given under subsection (2) , which must be at least 10 business days after the end of the response period; or for a decision to refuse to grant the application—give the brand owner a notice stating that the application is refused. The chief executive may decide to grant an extension application only if the chief executive believes it is reasonable to extend the response period. If the chief executive does not give the brand owner a notice under subsection (6) (a) or (b) , the extension application is taken to have been refused. The brand owner must comply with the requirements stated in the notice given under subsection (2) within— if an extension application is made in relation to the notice and is granted under subsection (6) (a) —the response period as extended by the chief executive; or if an extension application is made in relation to the notice and is refused under subsection (6) (b) or (8) —10 business days after the end of the response period; or in any other case—the response period. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) . (sec.79-ssec.1) This section applies if the chief executive reasonably believes that the brand owner— has not complied with section 76 or 77 for the previous financial year; and will not comply with section 77 for the current financial year. (sec.79-ssec.2) The chief executive may give the brand owner a notice that states the following matters— that the chief executive reasonably believes the matters mentioned in subsection (1) ; that the brand owner is required, within the reasonable period stated in the notice (the response period ), to give the chief executive notice of the steps that have been, or will be, taken to comply with section 77 for the current financial year; that failure to comply with the notice within the response period, or any extension of the response period granted under this section, may result in the chief executive taking action under chapter 11 of the Act ; the consequences of failing to comply with a compliance notice issued under chapter 11 of the Act . (sec.79-ssec.3) For subsection (2) (b) , the response period must end at least 14 business days after the notice is given. (sec.79-ssec.4) If the brand owner is given a notice under subsection (2) , the brand owner may apply to the chief executive, as provided under subsection (5) , for an extension of the response period (an extension application ). (sec.79-ssec.5) An extension application must— be in writing; and be made before the end of the response period; and state the reasons the extension should be granted. (sec.79-ssec.6) The chief executive must, within 10 business days after an extension application is made, decide whether to grant the application and either— for a decision to grant the application—give the brand owner a notice stating the new date by which the brand owner must comply with the notice given under subsection (2) , which must be at least 10 business days after the end of the response period; or for a decision to refuse to grant the application—give the brand owner a notice stating that the application is refused. (sec.79-ssec.7) The chief executive may decide to grant an extension application only if the chief executive believes it is reasonable to extend the response period. (sec.79-ssec.8) If the chief executive does not give the brand owner a notice under subsection (6) (a) or (b) , the extension application is taken to have been refused. (sec.79-ssec.9) The brand owner must comply with the requirements stated in the notice given under subsection (2) within— if an extension application is made in relation to the notice and is granted under subsection (6) (a) —the response period as extended by the chief executive; or if an extension application is made in relation to the notice and is refused under subsection (6) (b) or (8) —10 business days after the end of the response period; or in any other case—the response period. Section 91 prescribes this subsection for section 245 of the Act , definition prescribed provision , paragraph (c) .