South Australian Consolidated Acts South Australian Consolidated Acts61A—Warning notices and assurances
(1) If it appears to
the Commission that a person has been guilty of a contravention of
Part 3, the Commission may issue a warning notice to the person, warning
the person that it will be prosecuted for the contravention unless—
(a) if
the contravention is capable of being rectified, the person takes action
specified in the notice to rectify the contravention within the period
specified in the notice; and
(b) the
person gives the Commission an assurance, in the terms specified in the
notice, and within the period specified in the notice, that the person will
avoid a future such contravention.
(2) If it appears to
the Technical Regulator that a person has been guilty of a contravention of
Part 5, the Technical Regulator may issue a warning notice to the person,
warning the person that it will be prosecuted for the contravention
unless—
(a) if
the contravention is capable of being rectified, the person takes action
specified in the notice to rectify the contravention within the period
specified in the notice; and
(b) the
person gives the Technical Regulator an assurance, in the terms specified in
the notice, and within the period specified in the notice, that the person
will avoid a future such contravention.
(3) A warning notice
issued under this section, and an assurance given under this section, must be
in writing.
(4) The action that
may be specified in a warning notice to rectify a contravention may include
action to remedy adverse consequences of the contravention, for example
(without limitation)—
(a) the
refunding of an amount wrongly paid to the person as a result of the
contravention; or
(b) the
payment of compensation to a person who has suffered loss, damage or injury as
a result of the contravention; or
(c) the
disclosure of information; or
(d) the
publication of advertisements relating to the contravention or relating to
action to rectify or remedy the contravention.
(5) The Commission or
the Technical Regulator may, by written notice to a person, vary a warning
notice issued to the person.
(6) If the Commission
or the Technical Regulator issues a warning notice to a person, the Commission
or the Technical Regulator must not proceed against the person in respect of
the contravention to which the notice relates, unless the person—
(a)
fails to take action specified in the notice to rectify the contravention
within the period specified in the notice; or
(b)
fails to give the Commission or the Technical Regulator, as the case requires,
an assurance in the terms specified in the notice within the period specified
in the notice; or
(c)
contravenes an assurance given by the person in response to the notice.