Section 53ZM — Competition and Consumer Act 2010 (Cth)

(1) This section applies if:

(a) the Commission gave a person a notice under section 53ZL in relation to prohibited conduct; and

(b) at least 21 days have passed since the Commission gave the person the notice; and

(c) no more than 90 days have passed since the Commission gave the person the notice; and

(d) the Commission reasonably believes that any of the following conditions are satisfied:

(i) the person has engaged in the prohibited conduct;

(ii) the person is engaging in the prohibited conduct; and

(e) the Commission reasonably believes that one or more other persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct.

(2) This section also applies if the Commission reasonably believes that:

(a) any of the following conditions are satisfied:

(i) a person has engaged in prohibited conduct;

(ii) a person is engaging in prohibited conduct; and

(b) there is a significant risk of imminent, serious harm to the welfare of Australians as a result of the prohibited conduct; and

(c) issuing a notice under this section in relation to the prohibited conduct, without first giving a notice under section 53ZL in relation to the prohibited conduct, is reasonably necessary to:

(i) prevent that harm or reduce that risk; or

(ii) reduce the seriousness of that harm.

(3) The Commission may issue to the public a written notice containing a warning about the prohibited conduct if the Commission reasonably believes that it is in the public interest to issue the notice.

(4) The notice must:

(a) state the day on which the notice is issued; and

(b) identify:

(i) the person mentioned in paragraph (1)(a) or (2)(a); and

(ii) the prohibited conduct mentioned in that paragraph.

(5) A notice issued under subsection (3) is not a legislative instrument.

Related sections

• s 53ZJ — Civil penalty provisions of gas market instruments
• s 53ZK — Infringement notices
• s 53ZL — Commission may give draft public warning notice
• s 53ZN — Proceedings for defamation not to lie
• s 53ZO — Orders to redress loss or damage suffered by non‑parties etc.
• s 53ZP — Kinds of orders that may be made to redress loss or damage suffered by non‑parties etc.

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