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Supplementary notice of suspected non-compliance
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64. (1) Where an authorised officer, having served a notice of suspected non-compliance, identifies—
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(a) new or different points of fact or law, or new evidence, having a material impact on its analysis or the grounds set out in the notice of suspected non-compliance, or
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(b) any error or inaccuracy in the notice of suspected non-compliance,
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the authorised officer shall serve a notice (referred to in this Act as a “supplementary notice of suspected non-compliance”) on each notified person.
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(2) A supplementary notice of suspected non-compliance shall—
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(a) be in such form as the Commission may specify,
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(b) summarise the new or different points of fact or law or new evidence that have been identified by the authorised officer and the material impact of such points of fact or law or such evidence on the analysis or the grounds set out in the notice of suspected non-compliance of the authorised officer, and
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(c) inform the notified person of its right to make written submissions under subsection (3), and specify the period within which that right may be exercised.
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(3) Subject to subsection (4), the notified person on which a supplementary notice of suspected non-compliance is served may, within such period as is specified in the supplementary notice, make written submissions to the authorised officer on the supplementary notice of suspected non-compliance.
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(4) Notwithstanding the period specified in the supplementary notice of suspected non-compliance in accordance with subsection (3), the authorised officer may, where it is appropriate to do so in the circumstances of the case, extend the period within which the notified person may make written submissions in accordance with that subsection and shall notify each notified person in writing of the extended period.
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