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GREENHOUSE AND ENERGY MINIMUM STANDARDS ACT 2012 - SECT 162

GEMS Regulator may publicise certain offences, contraventions and adverse decisions

  (1)   The GEMS Regulator may publicise, in any way the GEMS Regulator thinks appropriate, any or all of the following:

  (a)   that a person has been convicted of an offence against this Act, the nature of the conduct constituting the offence, and the person's name;

  (b)   that a civil penalty order under the Regulatory Powers Act has been made against a person for contravening a civil penalty provision of this Act, the nature of the conduct constituting the contravention, and the person's name;

  (c)   that a person has been given an infringement notice, in relation to a civil penalty provision of this Act, under section   103 of the Regulatory Powers Act, the civil penalty provision of this Act that is believed to have been contravened, the nature of the conduct constituting the alleged contravention, and the person's name;

  (d)   that a person has paid the amount stated in such an infringement notice;

  (e)   that an undertaking, in relation to this Act, has been accepted under subsection   114(1) of the Regulatory Powers Act (including because of subsection   131(6) of this Act), the terms of the undertaking, and the person's name;

  (f)   that an order has been made against a person under subsection   115(2) of the Regulatory Powers Act in relation to a breach of such an undertaking, the terms of the order and the person's name;

  (g)   that an injunction, in relation to this Act, under section   121 of the Regulatory Powers Act restraining a person from engaging in conduct, or requiring a person to do an act or thing, has been granted or varied, the nature of the conduct, act or thing, and the person's name;

  (h)   that a decision has been made to do one or more of the following:

  (i)   impose or vary the conditions on a model's registration in relation to a product class;

  (ii)   suspend a model's registration in relation to a product class under section   49;

  (iii)   impose or vary the conditions on a suspension of a model's registration in relation to a product class under section   52 or 53;

  (iv)   cancel a model's registration in relation to a product class under section   54;

  (i)   the reasons for a decision referred to in paragraph   (h);

  (j)   the name of the registrant for a registration referred to in paragraph   (h).

Note 1:   This subsection constitutes an authorisation for the purposes of other laws, such as the Privacy Act 1988 .

Note 2:   The expression this Act has an extended meaning (see the Dictionary in section   5).

  (2)   This Division does not:

  (a)   limit the power of the GEMS Regulator or anyone else to publicise a matter or a person's name; or

  (b)   prevent anyone else from publicising a matter or a person's name; or

  (c)   affect any obligation (however imposed) on anyone to publicise a matter or a person's name.



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