Enforcement of orders
334 Enforcement of orders
S. 334 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
If a person is found in contempt of court for failing to comply with an order made under Division 2, the Authority—
may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do; and
may publicise the failure of the person to comply with the order.
If a person fails to comply with an order made under section 330 or 333, the Authority may give the person a written notice advising the person that it intends to carry out specified actions that remain to be done under the order unless the person can, within 10 business days after being given the notice, satisfy it that the person will carry out those actions within a period of time acceptable to the Authority.
If a person who has been given notice under subsection (2) fails to give the Authority a satisfactory response within the 10 business days, or fails to comply with any undertaking given to the Authority in response to such a notice, the Authority—
may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do; and
may publicise the failure of the person to comply with the order.
Nothing in subsection (2) or (3) prevents contempt of court proceedings from being started or continued against a person who has failed to comply with an order made under Division 2.
The Authority may recover any cost it incurs in taking action under subsection (1) or (3) as a debt due and payable by the person against whom the order was made.
This Act’s bill:Explanatory memorandumSecond reading speech
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