Victorian Current Acts

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MAGISTRATES' COURT ACT 1989 - SECT 124E

Right of intervention in management

    (1)     The Ministers may intervene in the management of the contractor's operations under an agreement under section 124B(1) if they determine that—

        (a)     a default has occurred that entitles the Crown to terminate the agreement; or

        (b)     an emergency situation exists that requires such intervention in the interests of public safety; or

        (c)     the contractor's operations under the agreement are preventing or impairing the efficient—

              (i)     detection of infringements; or

              (ii)     processing of infringement notices; or

              (iii)     enforcement of penalties, fines or warrants; or

              (iv)     functioning of any court.

    (2)     If the Ministers intervene in the management of the contractor's operations under an agreement, they may appoint an administrator to manage those operations until they determine that—

        (a)     the emergency is over; or

        (b)     the contractor is able to manage the contractor's operations under the agreement to the satisfaction of the Ministers.

    (3)     If an administrator is appointed under subsection (2), then for the period of that appointment—

        (a)     the contractor or a sub-contractor must
act in relation to the management of the contractor's operations under the agreement in accordance with the directions of the administrator; or

        (b)     the contractor or a sub-contractor must, as directed by the administrator, cease to
act in relation to the management of the contractor's operations under the agreement completely or to the extent specified in the direction.

Penalty:     50 penalty units.

    (4)     A person engaged or employed by the contractor or a sub-contractor to act in relation to the management of the contractor's operations under an agreement must comply with the directions of the administrator in doing so.

Penalty:     50 penalty units.

    (5)     An administrator appointed under subsection (2) has and may carry out or exercise for the period of the appointment all of the functions or powers of the contractor or any sub-contractor in relation to the management of the contractor's operations under the agreement.

    (6)     The Secretary to the Department of Justice must provide the administrator with any assistance necessary to the carrying out of his or her functions or exercise of his or her powers under this section.

    (7)     Nothing in this section limits, or takes away,
any function or power conferred on a person (including a person on whom a function or power is conferred by this section but not including a contractor or sub-contractor), whether under this or any other Act or otherwise including an agreement under section 124B(1).

S. 124F inserted by No. 44/1997 s. 28.



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