Representative Actions for the Protection of the Collective Interests of Consumers Act 2023

Directions notice

10. (1) Where the Minister is satisfied that a qualified entity has failed to comply with an information obligation or any designation criteria, the Minister may, by notice in writing (in this Act referred to as a “directions notice”) to the qualified entity—

(a) inform the qualified entity of such failure and the reasons for issuing the directions notice,

(b) direct the qualified entity within such period as may be specified in the notice to comply with the specified information obligation or designation criteria, as the case may be,

(c) inform the qualified entity that a failure to comply with the directions specified in the notice within the time specified in the notice may result in the Minister seeking to revoke the designation of the qualified entity in accordance with section 11 , and

(d) inform the qualified entity that it may make representations in accordance with subsection (2).

(2) A qualified entity that has been issued a directions notice under subsection (1) may make representations to the Minister about the failure to comply with an information obligation or any designation criteria and the Minister shall have regard to any representations made to him or her in deciding whether to proceed with seeking to revoke the designation of the qualified entity in accordance with section 11 .

(3) The Minister may withdraw a directions notice at any time, as he or she considers appropriate.

(4) In this section, “information obligation” means an obligation to provide information in accordance with subsection (1) or (4) of section 18 or sections 24 (3), 29 (2) or 29 (4).