Interim orders
101 Interim orders
(1) Subject to subsection (2), the Commissioner may, at any stage in a proceeding under this Act in relation to a complaint prior to the complaint being referred to the Tribunal, make an interim order pending the completion of the proceedings to preserve:
the status quo between the parties to the complaint; or
the rights of the parties to the complaint; or
(c) the status quo between the parties to the complaint as existing before the prohibited conduct alleged in the complaint took place.
(2) The Commissioner shall not make an order under subsection (1) unless the Commissioner has given the parties to the complaint an opportunity to be heard and has taken into account the submissions, if any, put to the Commissioner by the parties.
A person commits an offence if:
(a) the person is the subject of an order of the Commissioner under subsection (1); and
the person fails to comply with the order.
Maximum penalty: 200 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
This Act’s bill:Second reading speech
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