Restraint of contraventions of Act etc.
261 Restraint of contraventions of Act etc.
A proceeding may be brought in a Magistrate’s Court by a prescribed person for an order to remedy or restrain an offence against this Act, or a threatened or anticipated offence against this Act.
If the court is satisfied—
an offence against this Act has been committed (whether or not it has been prosecuted); or
an offence against this Act will be committed unless restrained;
the court may make the orders it considers appropriate to remedy or restrain the offence.
An order—
may direct the person against whom the order is made (the defendant)—
to stop an activity that is or will be a contravention of this Act; or
to do anything required to comply with, or to cease a contravention of, this Act; and
may be in the terms the court considers appropriate to secure compliance with this Act; and
must specify the time by which the order is to be complied with; and
may include an order for the defendant to pay the costs reasonably incurred by the chief executive in monitoring the defendant’s actions in relation to the offence.
The court’s power to make an order to stop an activity may be exercised whether or not—
it appears to the court the defendant intends to engage, or to continue to engage, in the activity; or
the defendant has previously engaged in an activity of that kind.
The court’s power to make an order to do anything may be exercised whether or not—
it appears to the court the defendant intends to fail, or to continue to fail, to do the thing; or
the defendant has previously failed to do a thing of that kind.
Without limiting the powers of the court, the court may make an order—
restraining the use of plant or equipment or a place; or
requiring the demolition or removal of plant or equipment, a structure or another thing; or
requiring the rehabilitation or restoration of land.
The court’s power under this section is in addition to its other powers.
A person must not contravene an order made under this section.
Maximum penalty—3,000 penalty units or 2 years imprisonment.
In this section—
prescribed person, in relation to a proceeding, means—
the Minister; or
the chief executive; or
someone whose interests are affected by the subject matter of the proceeding.
This provision refers to the regulations (prescribed person
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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