Commentary on provisions of Act Section 20: Power of Secretary of State to enforce compliance with designated vendor directions etc. Section 105Z18: Notification of contravention
Subsection (1) allows the Secretary of State to issue a notification of contravention to a provider where there are reasonable grounds to suspect the provider has contravened a requirement imposed by a designated vendor direction under section 105Z1 or a requirement to provide a plan under section 105Z7.
	Subsection (2) outlines what a notification of contravention should contain. This includes the Secretary of State’s determination, the deadline for representations in response, the steps the Secretary of State considers the provider should take to comply with the requirement or remedy the contravention, and the proposed penalty.
	Subsections (3) and (4) state that a notice of contravention can be given in respect of more than one contravention, and that where this is the case, a separate penalty may be specified for each contravention.
	Subsections (5), (6) and (7) provide that, where a contravention is continuing, a notification may be given for any period during which the contravention occurred. Only one penalty may be specified in a notification for a continuing contravention in respect of the period of contravention specified in the notification, although a daily penalty may also be specified for each day the contravention continues after: a confirmation decision has been given under section 105Z20 which requires immediate action; or the expiry of any period specified in the confirmation decision for compliance.
	Subsection (8) provides that the Secretary of State may give a further notification in respect of the same contravention in certain circumstances, such as if the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.