PART 5ENFORCEMENT OF STANDARDS
CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC
Failure to comply: Commissioner's options
I177Failure to comply with a relevant requirement
1
This section applies if the Commissioner determines that D has failed to comply with a relevant requirement.
2
The Commissioner may—
a
take no further action,
b
act under subsection (3), or
c
act under subsection (4).
3
The Commissioner may do one or more of the following things—
a
require D to prepare an action plan for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;
b
require D to take steps for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;
c
publicise D's failure to comply with the relevant requirement;
d
require D to publicise the failure to comply with the relevant requirement;
e
impose a civil penalty on D.
4
The Commissioner may do one or more of the following things—
a
give D or any other person recommendations;
b
give D or any other person advice;
c
seek to enter into a settlement agreement with D (see Chapter 2), but only if the relevant requirement is a duty to comply with a standard.
5
If the Commissioner seeks to enter into a settlement agreement with D—
a
D is not obliged to enter into such an agreement;
b
if D declines to enter into a settlement agreement, the Commissioner may, but need not, exercise his or her powers under this section differently.
6
If the Commissioner acts under subsection (3), subsections (2) and (3) do not prevent the Commissioner from also doing either or both of the following—
a
giving D or any other person recommendations;
b
giving D or any other person advice.
7
This section is subject to section 85.