The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 3 : Economic Regulation of Transport Facilities and ServicesPart C : Complaint Investigations by Regulator20. Issuance of compliance notices |
| (1) | Subject to subsection (2), the Regulator may issue a compliance notice, in the prescribed form, to the respondent in any investigation conducted by the Regulator in terms of section 17. |
| (2) | A compliance notice contemplated in subsection (1) must set out— |
| (a) | the person, association or entity to whom the notice applies; |
| (b) | the provision of this Act, or another Act, that has not been complied with, if any; |
| (c) | details of the nature and extent of the non-compliance or other reason for issuing the notice; |
| (d) | any steps that are required to be taken and the period within which those steps must be taken; and |
| (e) | any penalty that may be imposed in terms of this Act if those steps are not taken. |
| (3) | A compliance notice issued in terms of this section remains in force until— |
| (a) | it is set aside by the Council or a Court; or |
| (b) | the Regulator issues a compliance certificate contemplated in subsection (4). |
| (4) | If the requirements of a compliance notice issued in terms of subsection (1) have been satisfied, the Regulator must issue a compliance certificate. |
| (5) | If a person, association or entity to whom a compliance notice has been issued fails to comply with the notice, the Regulator may either— |
| (a) | refer the matter to the National Prosecuting Authority for prosecution as an offence in terms of section 65; or |
| (b) | direct a price control reduction, in terms of section 21. |
| (6) | Any person, association or entity issued with a notice in terms of this section may appeal to the Council, or apply to the Council for a review, in the prescribed manner and form within— |
| (a) | 15 business days after receiving that notice; or |
| (b) | a longer period as may be allowed by the Council on good cause shown. |