Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 152A

Powers of court if requirement of Director or inspector not complied with

152A. Powers of court if requirement of Director or inspector not complied
with



(1) Subject to subsection (3), if the Director is satisfied that a person has,
without reasonable excuse, failed to comply with a requirement under section
106HA, 106I or 118, the Director may certify that failure to a court.

(2) Subject to subsection (3), if an inspector is satisfied that a person has,
without reasonable excuse, failed to comply with a requirement of the
inspector under section 118 or 131, the inspector may certify that failure to
a court.

(3) The Director or an inspector cannot certify a failure to a court under
subsection (1) or (2) if the person to whom the failure relates has been
charged with an offence against section 106HA(2), 106I(3) or 132 (as
applicable).

(4) If the Director or an inspector so certifies under subsection (1) or (2),
the court may inquire into the case and may order the person to comply with
the requirement within the period specified by the court.

(5) 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 106HA(2), 106I(3) or 132 (as applicable)
in respect of that failure.