(1) If the Regulator is reasonably satisfied that a constitutionally covered entity has failed to comply with this Act, the Regulator may publish the identity of the entity and details of the non - compliance:
(a) on the register; and
(b) in any other way the Regulator considers appropriate.
Note: A decision to publish the identity of an entity or details of non - compliance is reviewable: see section 51.
(2) Before the Regulator decides to publish the identity of the entity or details of the non - compliance under subsection (1), the Regulator must:
(a) give the entity notice in writing of the proposed decision and the reasons for the proposed decision; and
(b) invite the entity to make written submissions to the Regulator about the proposed decision within the period of 28 days beginning on the day the notice is given; and
(c) have regard to any written submissions made by the entity within that period.
(3) If:
(a) the Regulator has published the identity of an entity and details of non - compliance in accordance with this section; and
(b) the Regulator is considering whether to publish the identity of that entity and details of the non - compliance again (including by publishing that information in some other way);
the Regulator need not comply with subsection (2) in relation to the publication mentioned in paragraph (b) of this subsection.