Victorian Current Acts

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Enforcement of orders not for the payment of money

    (1)     If by or under this or any other Act a power (whether or not expressed as a power to make an order) is given to the Court—

        (a)     of requiring any person to do or abstain from doing any act or thing, other than the payment of money; or

        (b)     of requiring any act or thing, other than the payment of money, to be done or left undone—

the Court may exercise the power by an order or orders.

    (2)     If the Court makes an order under subsection (1), it may—

        (a)     attach to the order conditions as to time or mode of action which are authorised by or under any Act or which the Court thinks just; and

        (b)     suspend or rescind the order on any undertaking being given or condition being performed that the Court thinks just; and

        (c)     generally make any arrangement for carrying into effect the power that the Court thinks just.

    (3)     Subject to subsection (4), a person who defaults in   complying with an order made under subsection (1) is for the default liable—

        (a)     to pay a fine of not more than 1 penalty unit for every day during which the default continues; or

        (b)     to be imprisoned for so long as the default continues.

    (4)     A person is not liable under this section to—

        (a)     imprisonment for a period or periods amounting in the aggregate to more than 2 months; or

        (b)     the payment of any sums exceeding in the aggregate 40 penalty units—

for non-compliance with the requirement of the Court (whether made by one or more orders) to do or abstain from doing any act or thing.

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