s 73 Commissioner may give directions relating to regulated fire safety products
73.—(1) The Commissioner may give one or more of the directions in subsection (2) to any person with possession, charge or control of a regulated fire safety product or who supplied a regulated fire safety product, if the Commissioner has reasonable grounds to believe that —(a) the direction is necessary for fire safety; and (b) the regulated fire safety product —(i) is a non-compliant fire safety product; or (ii) was installed in a manner that adversely affects fire safety in a building.[22/2019] (2) The directions are —(a) to recall a non‑compliant fire safety product; (b) to cease supplying a non‑compliant fire safety product; (c) to remove a regulated fire safety product from a building; (d) to dispose of a non‑compliant fire safety product recalled under paragraph (a) in any manner required by the Commissioner; and (e) to rectify any contravention of the Fire Code in the installation of a regulated fire safety product.[22/2019] (3) In relation to a direction mentioned in subsection (2)(a), (c), (d) or (e), the Commissioner —(a) may specify, in the direction, the manner in which the recall, removal, disposal or rectification (as the case may be) is to be conducted; and (b) must specify, in the direction, the period within which the recall, removal, disposal or rectification (as the case may be) is to be completed.[22/2019] (4) A person to whom a direction mentioned in subsection (2)(a), (c), (d) or (e) has been given must give written notice to the Commissioner of the completion of the recall, removal, disposal or rectification (as the case may be) as soon as practicable after that completion.[22/2019] (5) Subject to subsection (6), any person who, without reasonable excuse, refuses or fails to comply with the Commissioner’s direction under subsection (1) shall be guilty of an offence and shall be liable on conviction —(a) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and (b) to an additional fine not exceeding $1,000 for each day or part of a day the person fails to comply with the direction after the expiry of the period, or the time, specified in the direction.[22/2019] (6) If the failure to comply in respect of which the person is convicted under subsection (1) continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction.[22/2019] (7) Any person who is aggrieved by any direction of the Commissioner under subsection (1) may, within 14 days after being notified of the direction, appeal to the Minister.[22/2019] (8) A direction of the Commissioner under subsection (1) takes effect despite an appeal against that decision being made to the Minister.[33A [22/2019]