Enforcement for the purposes of sections 44 and 45
46 Enforcement for the purposes of sections 44 and 45
If a person contravenes section 45(3), or a direction, order or declaration given or made under section 44(3) or section 45, the Tribunal —
on its own initiative; or
on the application of —
a person who is a party to the proceeding in relation to which the contravention arises; or
a transport association in which a party to the proceeding in relation to which the contravention arises is eligible to be enrolled as a member; or
the Minister,
may enforce that provision, direction, order or declaration as specified in subsection (4).
An application for the enforcement of section 45(3), or a direction, order or declaration given or made under section 44(3) or section 45, must not be made otherwise than to the Tribunal.
The jurisdiction conferred by this section is to be exercised by the Commission constituted by a Commissioner.
For the purposes of subsection (1) the Tribunal has all of the powers and duties of the Full Bench under the IR Act section 84A(4) to (8), and those provisions apply accordingly.
For the purposes of this section, the IR Act sections 82A and 103 apply as if references in those sections to section 84A were references to this section.
This Act’s bill:Explanatory memorandum
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