NATIVE VEGETATION ACT 1991 - SECT 33K

NATIVE VEGETATION ACT 1991 - SECT 33K

33K—Applications during criminal proceedings

        (1)         If, during the course of criminal proceedings before a court in respect of an offence against this Act, the prosecutor applies for an order under this Act relating to the offence, the court must deal with the application during the course of the criminal proceedings unless satisfied by the defendant that to do so would not be appropriate in the circumstances.

        (2)         If an application for an order under this Act is made to a court before which a person was convicted of an offence against this Act—

            (a)         the application may be dealt with by the court; and

            (b)         any power in relation to the relevant order may be exercised by the court,

whether or not the court is constituted in the same way as when the person was convicted of the offence.