Automatic Enrolment Retirement Savings System Act 2024 section 123

Compliance notice

Section 123 provides for compliance notices, which authorised officers may serve on persons who have contravened certain provisions of the Act, and sets out the appeal process and consequences of non-compliance.

• Where an authorised officer is satisfied that a person has contravened a relevant provision (sections 128 or 131), they may serve a compliance notice requiring the person to take or refrain from specified actions by a stated date
• The notice must state the grounds for the officer's finding, specify the required actions and deadline, and include information on how to appeal
• The person may appeal the compliance notice to the District Court within 14 days of service, and the Court may either affirm or direct withdrawal of the notice
• Failure to comply with a compliance notice by the specified date is a criminal offence, though the notice does not restrict any other enforcement proceedings under the Act