Jurisdiction of the Court
34 Jurisdiction of the Court
Where a person contravenes or fails to comply with a provision of this
Act, the Director or any other person may apply to a District Court for an order under this section.
The application may be made in the absence of the respondent and, if the
Court is satisfied on the application that the respondent has a case to answer, it will issue a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.
If—
after hearing—
the applicant and the respondent; and
any other person who has, in the opinion of the Court, a proper interest in the subject matter of the proceedings and desires to be heard in the proceedings, the
Court is satisfied, on the balance of probabilities, that the respondent to the application has contravened or failed to comply with a provision of this Act; or
the respondent fails to appear in response to the summons or, having appeared, does not avail himself or herself of an opportunity to be heard, the
Court may, by order—
require the respondent to refrain, either temporarily or permanently, from the act, or course of action, that constitutes the contravention of, or failure to comply with, this Act;
require the respondent to pay the Director's costs in making good the contravention or default.
If, upon an application under this section or before the determination of the proceedings commenced by the application, the Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.
An interim order—
may be made in the absence of the respondent; and
will be made subject to such conditions as the Court thinks fit; and
will not operate after the proceedings in which it is made are finally determined.
A person who contravenes, or fails to comply with, an order or an interim order, under this section is (without prejudice to any liability for contempt of the order) guilty of an offence.
Maximum penalty: $20 000.
The
Court may make such orders in relation to the costs of proceedings under this section as it thinks just.
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