South Australian Consolidated Acts South Australian Consolidated Acts40—Warning notices and assurances
(1) If it appears to
the Commission that a person has been guilty of a contravention of this Act,
the Commission may issue a warning notice to the person, warning the person
that the person 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) A warning notice
issued under this section, and an assurance given under this section, must be
in writing.
(3) 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.
(4) The Commission
may, by written notice to a person, vary a warning notice issued to the
person.
(5) If the Commission
issues a warning notice to a person, the Commission 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 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.