Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 39VA

Powers of court if requirement to produce information not complied with

39VA. Powers of court if requirement to produce information 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
39F, 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 39C, 39D, 39F or 39S, 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 39T.

(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 against section 39T in respect of that failure.