Section 46 — Order following non‑compliance — general supplementary provisions

(1)An order following non‑compliance is binding on —

(a)the recipient; and

(b)if applicable, the personal representatives, successors and assignees of the recipient to the same extent as it applies to that recipient.

(2)It is not necessary to give any person who may be affected by an order following non‑compliance an opportunity to be heard before the order is given.

(3)An order following non‑compliance must —

(a)so far as is reasonably practicable, identify the relevant location, the relevant app or the relevant service (as the case may be) to which the order relates in a way that is sufficient to enable the recipient to comply with the order;

(b)state that it is an offence under this Act to fail to comply with the order; and

(c)state that the recipient may apply for reconsideration of the order or appeal the order.

(4)An order following non‑compliance may state whether the recipient must do all or any of the following, whichever being applicable:

(a)notify the Commissioner by the time specified in the order of the means by which the recipient proposes to comply with the order;

(b)keep records of information about the matters that are the subject of the order for a time specified in the order;

(c)regularly notify the Commissioner at the times specified in the order about the steps being taken towards compliance with the order;

(d)give written notice to the Commissioner when the person has complied with the order.

(5)The recipient of an order following non‑compliance must comply with the order until the earlier of the following occurs:

(a)the expiry date and time (if any) stated in the order is reached;

(b)the order is cancelled, revoked or substituted under section 47(1), 59(1) or 64(2).