(1) In this Act, "notice of suspected non-compliance" means a notice in writing informing the person on whom it is served of the details of a regulatory breach of which the person is suspected.

(2) Where an authorised officer suspects on reasonable grounds that a person has committed or is committing a regulatory breach that does not constitute a criminal offence the authorised officer may serve a notice of suspected non-compliance on the person.

(3) Where an authorised officer suspects on reasonable grounds that a person has committed or is committing a regulatory breach that constitutes a criminal offence, the authorised officer may serve a notice of suspected non-compliance on the person if -

(a) the offence is an offence that may be prosecuted summarily by the Commission and the Commission has elected not to prosecute the offence, or

(b) the authorised officer refers the matter to the Director of Public Prosecutions and the Director of Public Prosecutions has not commenced criminal proceedings in respect of the regulatory breach.