AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 119 Show cause notice

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 119

    (1)     The Director may, by notice in writing, require a supplier to show cause why the supplier should be allowed to continue carrying on the business of supplying goods or services.

    (2)     The Director may issue a notice under subsection (1) if the Director is of the opinion that there are reasonable grounds to believe that—

        (a)     the supplier has engaged in conduct that contravenes this Act or the regulations; and

        (b)     it is likely that the supplier will continue to engage in that conduct; and

        (c)     there is a danger that a person may suffer harm, loss or damage as a result of that conduct unless action is taken urgently.

    (3)     A notice under subsection (1) must—

        (a)     be served—

              (i)     personally on a supplier who is a natural person; or

              (ii)     at the registered office and the last known business address of a supplier that is a corporation; or

              (iii)     at the last known business address of a supplier that is a body corporate, other than a corporation;

        (b)     specify the conduct which the supplier is believed to have engaged in;

        (c)     state the time period within which the supplier must respond to the notice, that time period being not less than 14 days from the date of service of the notice;

        (d)     state what steps need to be taken by the supplier to respond to the notice;

        (e)     state the consequences for the supplier of not responding to the notice.

    (4)     Despite subsection (3)(a)(i), if, on the application of the Director, it appears to VCAT that service cannot be promptly effected on a supplier who is a natural person, VCAT may order that the notice be served—

        (a)     by sending it by post, facsimile or other electronic transmission to the supplier at his or her usual or last known residential or business address; or

        (b)     by leaving it at the supplier's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.

    (5)     If a supplier has not responded to a notice under this section in accordance with subsection (3) within the period specified in the notice, the supplier must, at the end of that period, cease to carry on a business of supplying goods or services to which the notice relates or any business of a like kind.

Penalty:     600 penalty units, in the case of a natural person;

1200 penalty units, in the case of a body corporate.

    (6)     A supplier to whom a notice under this section applies may apply to VCAT for a review of the decision to issue the notice.

    (7)     A supplier must not, in response to the notice, make a statement to the Director that is false or misleading in a material particular.

Penalty:     600 penalty units, in the case of a natural person;

1200 penalty units, in the case of a body corporate.