Division 3—Enforcement

• (1) The Secretary may give an entity that must comply with an obligation under section 15 or 16 a compliance notice if the Secretary:
• (a) is reasonably satisfied that the entity is not complying with the obligation; or
• (b) is aware of information that suggests that the entity may not be complying with the obligation.
• (2) The compliance notice must:
• (a) set out the name of the entity to which the notice is given; and
• (b) set out brief details of the non‑compliance or possible non‑compliance; and
• (c) specify action within the entity’s control that the entity must take in order to address the non‑compliance or possible non‑compliance; and
• (d) specify a reasonable period within which the entity must take the specified action; and
• (e) if the Secretary considers it appropriate—specify a reasonable period within which the entity must provide the Secretary with evidence that the entity has taken the specified action; and
• (f) explain what may happen if the entity does not comply with the notice; and
• (g) explain how the entity may seek review of the decision to issue the notice; and
• (h) set out any other matters prescribed by the rules.
• (3) Before giving the notice to the entity, the Secretary must:
• (a) notify the entity that the Secretary intends to give the notice to the entity; and
• (b) give the entity a specified period (which must not be shorter than 10 days) to make representations about the giving of the notice.
• (4) Only one compliance notice may be given to an entity in relation to a particular instance of the entity’s non‑compliance, or possible non‑compliance, with an obligation under section 15 or 16.

• (1) The Secretary may give an entity that must comply with an obligation under section 15 or 16 a stop notice if:
• (a) the entity has been given a compliance notice under section 17 in relation to the non‑compliance with the obligation; and
• (b) the Secretary is reasonably satisfied that:
  • (i) the entity has not complied with the compliance notice; or
  • (ii) actions taken by the entity to rectify non‑compliance with the obligation (whether in accordance with the compliance notice or otherwise) are inadequate to rectify the non‑compliance.
• (2) The stop notice must:
• (a) set out the name of the entity to which the notice is given; and
• (b) set out brief details of the non‑compliance; and
• (c) specify action within the entity’s control that the entity must take, or refrain from taking, in order to address the non‑compliance; and
• (d) specify a reasonable period within which the entity must take the specified action or refrain from taking the specified action; and
• (e) if the Secretary considers it appropriate—specify a reasonable period within which the entity must provide the Secretary with evidence that the entity has taken the specified action or refrained from taking the specified action; and
• (f) explain what may happen if the entity does not comply with the notice; and
• (g) explain how the entity may seek review of the decision to issue the notice; and
• (h) set out any other matters prescribed by the rules.
• (3) Before giving the notice to the entity, the Secretary must:
• (a) notify the entity that the Secretary intends to give the notice to the entity; and
• (b) give the entity a specified period (which must not be shorter than 10 days) to make representations about the giving of the notice.
• (4) Only one stop notice may be given to an entity in relation to a particular instance of the entity’s non‑compliance with an obligation under section 15 or 16.

• (1) The Secretary may give an entity that must comply with an obligation under section 15 or 16 a recall notice if:
• (a) the entity has been given a stop notice under section 18 in relation to the non‑compliance with the obligation; and
• (b) the Secretary is reasonably satisfied that:
  • (i) the entity has not complied with the stop notice; or
  • (ii) actions taken by the entity to rectify the non‑compliance with the obligation (whether in accordance with the compliance notice or otherwise) are inadequate to rectify the non‑compliance.
• (2) The recall notice must:
• (a) set out the name of the entity to which the notice is given; and
• (b) set out brief details of the non‑compliance; and
• (c) specify action that the entity must take to do any or all of the following:
  • (i) ensure, to the extent within the entity’s control, the product is not acquired in Australia;
  • (ii) ensure, to the extent within the entity’s control, that the product is not supplied to suppliers for supply in Australia;
  • (iii) arrange for the return, within a specified reasonable period, of the product to the entity, or if the entity is not the manufacturer of the product, the manufacturer of the product; and
• (d) specify a reasonable period within which the entity must take the specified action; and
• (e) if the Secretary considers it appropriate—specify a reasonable period within which the entity must provide the Secretary with evidence that the entity has taken the specified action; and
• (f) explain what may happen if the entity does not comply with the notice; and
• (g) explain how the entity may seek review of the decision to issue the notice; and
• (h) set out any other matters prescribed by the rules.
• (3) Before giving the notice to the entity, the Secretary must:
• (a) notify the entity that the Secretary intends to give the notice to the entity; and
• (b) give the entity a specified period (which must not be shorter than 10 days) to make representations about the giving of the notice.
• (4) Only one recall notice may be given to an entity in relation to a particular instance of the entity’s non‑compliance with an obligation under section 15 or 16.

If an entity fails to comply with a recall notice, the Minister may publish the following information on the Department’s website, or in any other way the Minister considers appropriate:

• (a) the identity of the entity;
• (b) details of the product;
• (c) details of the non‑compliance;
• (d) risks posed by the product relating to the non‑compliance;
• (e) any other matters prescribed by the rules.