Section 150 Federal Competition and Consumer Protection Act 2018

Section 150 of the Federal Competition and Consumer Protection Act 2018 is about Compliance notice. It is under Part XVII (Enforcement of Consumers’ Rights) of the Act.

(1) The Commission may issue a compliance notice in the prescribed form to an undertaking or association of undertakings whom the Commission on reasonable grounds believes has engaged in prohibited conduct, provided that before issuing a notice to a member of a regulated industry, the Commission shall consult the industry sector regulator that issued a licence to that regulated entity.

(2) A compliance notice shall set out –
(a) the undertaking or association of undertakings to whom the notice applies;
(b) the provisions of this Act that have not been complied with;

(c) details of the nature and extent of the non-compliance;
(d) steps that are required to be taken and the period within which those steps shall be taken; and
(e) the penalty that may be imposed under this Act if those steps are not taken.

(3) A compliance notice issued pursuant under this section remains in force until it is set aside by a court, or until the Commission issues a compliance certificate upon being satisfied that there has been sufficient compliance with the compliance notice.

(4) If an undertaking or association of undertakings to whom a compliance notice has been issued fails to comply with the notice, the Commission shall –
(a) shut down or close any premises from which the notice continues to be breached until the breach or non-compliance is remedied;
(b) impose the appropriate administrative fine; or
(c) refer the matter to a court of competent jurisdiction for prosecution.