If the Commissioner has not received a response from a person within the period specified within the compliance notice, or the person has failed to comply with the compliance notice within the period specified after the notice has been confirmed by the Commissioner, the Commissioner may determine that the person has failed to comply with an information notice, the Local Jobs First Policy or a Local Industry Development Plan.

If the Commissioner makes a determination, the Commissioner may:

  1. recommend to the Minister that the Minister issue an Adverse Publicity Notice and
  2. advise the person and the appropriate agency of the determination; and the intent to recommend to the Minister to issue an Adverse Publicity Notice.