(1) In this section,
"unlawful conduct" means any conduct that constitutes a contravention of a
provision of this Act other than Part 2-3 of the ACL (or would constitute such
a contravention if the conduct occurred in New South Wales), whether or not
any proceedings have been brought in respect of the contravention.
(2) If the
Secretary is satisfied that a person has, in trade or commerce, engaged in any
unlawful conduct on more than one occasion (whether in New South Wales or in
any other place), the Secretary may, by notice in writing served on the
person, call on the person to show cause why the person should not, for the
reason specified in the notice, be prevented from carrying on a business of
supplyinggoods or services.
(3) The notice must specify the period (being at
least 14 days after the notice is served) in which the person may show cause.
(4) The person on whom a notice to show cause has been served under this
section may, within the period specified in the notice, make a written
submission in relation to the matters to which the notice relates.
(b) may conduct such
inquiries, or make such investigations, in relation to the matters to which
the notice relates as the Secretary thinks appropriate.
(6) This section does
not limit the operation of section 79 of this Act or Division 2 of Part 5-2 of
the ACL.
