Section 35F — Australian Human Rights Commission Act 1986: Giving of compliance notice

(1) If, as a result of an inquiry into a person’s compliance with the positive duty in relation to sex discrimination, the Commission finds that the person is not complying, the President may give the person a written notice. (2) The notice must: (a) set out the name of the person to whom the notice is given; and (b) set out brief details of the failure to comply; and (c) specify action that the person must take, or refrain from taking, in order to address the failure; and (d) specify a reasonable period (starting at least 21 days after the day the notice is given) within which the person must take, or refrain from taking, the specified action; and (e) if the President considers it appropriate—specify a reasonable period within which the person must provide the Commission with evidence that the person has taken, or refrained from taking, the specified action; and (f) set out any other matters prescribed by the regulations for the purposes of this paragraph. (3) However, if the President has accepted an undertaking from a person under Part 6 of the Regulatory Powers Act in relation to the positive duty in relation to sex discrimination, a notice must not be given to the person under subsection (1) unless the undertaking is withdrawn, cancelled or expired.