New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 13

13 Orders of approved company

(1) An approved company may, with the approval of the Minister, make orders, not inconsistent with this Act or the regulations, for or with respect to the approved company’s functions.

(2) Without limiting subsection (1), an order under this section may make requirements of the kind specified in section 11 (b).

(3) An approved company may, with the approval of the Minister, by order vary or revoke any order made under this section.

(4) An order made under this section:

(a) must be published in the Gazette, and

(b) takes effect on the day it is so published (or, if a later day is specified in the order for that purpose, on the later day so specified).

(5) Subsection (4) (b) does not prevent an order from specifying different days in relation to different portions of the order.

(6) A person must not, without reasonable excuse, refuse or fail to comply with an order made under this section.

Maximum penalty: 200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.

(7) However, a person who is required to comply with an order made under this section may apply to the Tribunal for a review of the decision of the approved company that gave rise to the order.

(8) If such an application is made:

(a) proceedings against the applicant for an offence under this section may not be instituted, and

(b) any such pending proceedings are stayed,

until the completion of the review process.