Additional powers when notice is given
19 Additional powers when notice is given
This section applies when a notice is given under section 18.
In this section —
court means a court that would have jurisdiction to hear an action to recover a debt of the amount of the expense, fine or cost sought to be recovered by the notice recipient.
If the person who is given the notice (the notice recipient) fails to comply with it for any reason, the local government may do anything that it considers necessary to obliterate the graffiti in a manner acceptable to the local government.
The local government may recover the reasonable cost of anything it does under subsection (3) as a debt due from the person who failed to comply with the notice.
A notice recipient may apply to a court for an order under subsection (6) if the notice recipient —
incurs expense in complying with any requirement of the notice; or
fails to comply with such a requirement and, as a consequence, is fined or has to pay to a local government the cost it incurs in doing anything under subsection (3).
On an application under subsection (5), the court may order —
if the notice recipient is the owner — the occupier; or
if the notice recipient is the occupier — the owner,
to pay to the notice recipient so much of that expense, fine or cost as the court considers fair and reasonable in the circumstances.
In determining what is fair and reasonable, the court is to have regard to —
the type of land involved; and
the terms on which the occupier is occupying the land; and
any other matter the court considers to be relevant.
This Act’s bill:Explanatory memorandumSecond reading speech
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