Payment Times Reporting Act 2020
PART 2
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REPORTING PAYMENT TIMES
Division 3
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Access to payment times reports
SECTION 22
PUBLICATION OF INFORMATION ABOUT FAILURE TO COMPLY WITH ACT
22(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.
22(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.
22(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);
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 .
View history note
Hide history note22(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.
22(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.