Commentary on Sections Section 77 – Failure to comply with a relevant requirement
137.This section lists the options available to the Commissioner where he or she has determined that D has failed to comply with a relevant requirement. The Commissioner may take no further action, or he or she may do one or more of the following under subsection (3):
	require D to prepare an action plan (for the purpose in section 79);
	require D to take steps (for the purpose in section 79);
	publicise D’s failure to comply;
	require D to publicise the failure to comply;
	impose a civil penalty on D.
138.Under subsection (4) the Commissioner is permitted to give recommendations or advice to D or any other person or, if D has failed to comply with a standard, to enter into a settlement agreement with D. D is not obliged to enter into such an agreement, but if D declines the Commissioner is permitted to exercise his or her powers under this section differently. The Commissioner must also satisfy the requirements of section 85.