WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 262 Power of court to make order pending determination of proceeding

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 262

262 Power of court to make order pending determination of proceeding

(1) This section applies if a proceeding has been brought by a person in a Magistrate’s Court under section 261 and the court has not decided the proceeding.

(2) On the person’s application, the court may make an order of a kind mentioned in section 261 pending its deciding the proceeding if it is satisfied it would be proper to make the order.

(3) The court’s power to make an order to stop an activity may be exercised whether or not—

(a) it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or

(b) the person has previously engaged in an activity of that kind.

(4) The court’s power to make an order to do anything may be exercised whether or not—

(a) it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or

(b) the person has previously failed to do a thing of that kind.

(5) The court’s power under this section is in addition to its other powers.

(6) A person must not contravene an order made under this section.

Penalty—

Maximum penalty for subsection (6) —3,000 penalty units or 2 years imprisonment.