Payment Times Reporting Act 2020

PART 2 - REPORTING PAYMENT TIMES  

Division 3 - 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.

Note:

A decision to publish the identity of an entity or details of non-compliance is reviewable: see section 51 .

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);

the Regulator need not comply with subsection (2) in relation to the publication mentioned in paragraph (b) of this subsection.