Section 53ZM — Competition and Consumer Act 2010: Commission may issue public warning notice

(1) This section applies if: (a) the Commission gave a person a notice under section 53ZL in relation to prohibited conduct; and (b) at least 21 days have passed since the Commission gave the person the notice; and (c) no more than 90 days have passed since the Commission gave the person the notice; and (d) the Commission reasonably believes that any of the following conditions are satisfied: (i) the person has engaged in the prohibited conduct; (ii) the person is engaging in the prohibited conduct; and (e) the Commission reasonably believes that one or more other persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct. (2) This section also applies if the Commission reasonably believes that: (a) any of the following conditions are satisfied: (i) a person has engaged in prohibited conduct; (ii) a person is engaging in prohibited conduct; and (b) there is a significant risk of imminent, serious harm to the welfare of Australians as a result of the prohibited conduct; and (c) issuing a notice under this section in relation to the prohibited conduct, without first giving a notice under section 53ZL in relation to the prohibited conduct, is reasonably necessary to: (i) prevent that harm or reduce that risk; or (ii) reduce the seriousness of that harm. (3) The Commission may issue to the public a written notice containing a warning about the prohibited conduct if the Commission reasonably believes that it is in the public interest to issue the notice. (4) The notice must: (a) state the day on which the notice is issued; and (b) identify: (i) the person mentioned in paragraph (1)(a) or (2)(a); and (ii) the prohibited conduct mentioned in that paragraph. (5) A notice issued under subsection (3) is not a legislative instrument.