New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 46

46 Recovery of expenses

(1) If:

(a) any person to whom a direction is lawfully given, or of whom a requirement is lawfully made, under this Act by the Director-General or an inspector fails to take such action as is, or to do such things as are, necessary to comply with the terms of the direction or requirement, and

(b) the Director-General or inspector or another inspector takes that action or does those things or causes that action to be taken or those things to be done and thereby incurs expense,

that expense is recoverable from that person in a court of competent jurisdiction as a debt due to the Crown.

(2) Where the Local Court finds a person to whom a direction or requirement has been lawfully given or made as referred to in subsection (1) guilty of an offence in relation to failing to comply with the direction or requirement and the Court is satisfied that an expense would be recoverable under that subsection by reason of the failure of that person to comply with the direction or requirement, the Court may, in making that finding, make an order directing that person to pay the amount of that expense to the Crown.

(3) An order under subsection (2) may be made on the application of the person prosecuting the offence mentioned in that subsection and not otherwise.

(4) The Local Court shall not make an order under subsection (2) directing the payment of an amount greater than the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007 .

(5) An order under subsection (2) may be enforced in the Local Court in its exercise of jurisdiction under Part 3 (Civil jurisdiction) of the Local Court Act 2007 .

(6) Part 8 of the Civil Procedure Act 2005 applies to and in respect of an order under subsection (2) as if:

(a) the order were a judgment of the Local Court in civil proceedings, and

(b) the amount ordered to be paid were a judgment debt, and

(c) the person against whom the order is made were a judgment debtor, and

(d) the person in whose favour the order is made were a judgment creditor.