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ESTATE AGENTS ACT 1980 - SECT 70WA Powers of court if requirement to produce information not complied with

ESTATE AGENTS ACT 1980 - SECT 70WA

Powers of court if requirement to produce information not complied with

    (1)     Subject to subsection (2), if the Director is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 47D, 70C, 70D, 70F or 70S, the Director may apply to a court for an order directing the person to comply with the requirement.

    (2)     The Director must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 47D(4) or 70T.

    (3)     On an application under subsection (1), the court may—

        (a)     order the person to comply with the requirement within a period specified in the order; and

        (b)     make any other orders it considers appropriate.

    (4)     If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence under section 47D(4) or  70T in respect of that failure.

S. 70X inserted by No. 103/2004 s. 40.