Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 132

Commonwealth Minister must issue a proposed ban notice

  (1)   The Commonwealth Minister must issue a proposed ban notice if the Commonwealth Minister proposes to impose an interim ban, or a permanent ban:

  (a)   on consumer goods of a particular kind; or

  (b)   on product related services of a particular kind.

  (2)   Subsection   (1) does not apply in relation to an interim ban if the Commonwealth Minister has issued a notice under section   132J certifying that the ban should be imposed without delay.

  (3)   The proposed ban notice must:

  (a)   be in writing; and

  (b)   be published on the internet; and

  (c)   set out a copy of a draft notice for the imposition of the interim ban or permanent ban; and

  (d)   set out a summary of the reasons for the proposed imposition of the ban; and

  (e)   invite any person who supplies, or proposes to supply:

  (i)   consumer goods of that kind; or

  (ii)   product related services of that kind;

    to notify the Commission, in writing and within a period specified in the notice, if the person wishes the Commission to hold a conference in relation to the proposed imposition of the ban.

  (4)   The period specified in the proposed ban notice under paragraph   (3)(e):

  (a)   must be a period of at least 10 days, or such longer period as the Commonwealth Minister specifies in the notice; and

  (b)   must not commence before the day on which the notice is published.

  (5)   A proposed ban notice is not a legislative instrument.



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