National Greenhouse and Energy Reporting Act 2007

This section applies if:

a notice was given to a person under section 22XNE; and

the notice required the person to relinquish a particular number of relinquishable units; and

the person did not comply with the requirement within 90 days after the notice was given; and

proceedings for the recovery of the penalty payable under section 22XNI in respect of the non‑compliance with the requirement (including any late payment penalty payable under section 22XNJ in relation to the section 22XNI penalty) are before a court; and

the decision to require the person to relinquish a specified number of relinquishable units is the subject of an application for review by the Administrative Review Tribunal.

The court may stay the proceedings until the review by the Administrative Review Tribunal (including any court proceedings arising out of the review) has been finalised.

This section does not limit the power of:

a court; or

a Judge; or

a magistrate;