Section 132 — Competition and Consumer Act 2010 (Cth)

(1) The Commonwealth Minister must issue a proposed ban notice if the Commonwealth Minister proposes to impose an interim ban, or a permanent ban:

(a) on consumer goods of a particular kind; or

(b) on product related services of a particular kind.

(2) Subsection (1) does not apply in relation to an interim ban if the Commonwealth Minister has issued a notice under section 132J certifying that the ban should be imposed without delay.

(3) The proposed ban notice must:

(a) be in writing; and

(b) be published on the internet; and

(c) set out a copy of a draft notice for the imposition of the interim ban or permanent ban; and

(d) set out a summary of the reasons for the proposed imposition of the ban; and

(e) invite any person who supplies, or proposes to supply:

(i) consumer goods of that kind; or

(ii) product related services of that kind;

to notify the Commission, in writing and within a period specified in the notice, if the person wishes the Commission to hold a conference in relation to the proposed imposition of the ban.

(4) The period specified in the proposed ban notice under paragraph (3)(e):

(a) must be a period of at least 10 days, or such longer period as the Commonwealth Minister specifies in the notice; and

(b) must not commence before the day on which the notice is published.

(5) A proposed ban notice is not a legislative instrument.

Related sections

• s 131E — Application of the Legislation Act 2003
• s 131F — Section 4AB of the Crimes Act does not apply
• s 131G — Application of the Criminal Code
• s 132A — Commonwealth Minister must issue a proposed recall notice
• s 132B — Commonwealth Minister to be notified if no person wishes a conference to be held
• s 132C — Notification of conference

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