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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 131
Enforcement of undertakings
131 Enforcement of undertakings
(1) If the chief executive reasonably believes a person has contravened a term
of an undertaking, the chief executive may apply to the District Court for an
order under this section.
(2) If the court is satisfied the person has
contravened the term, the court may make 1 or more of the following orders—
(a) an order directing the person to comply with the term;
(b) an order
directing the person to pay to the State an amount that is not more than the
direct or indirect financial benefit obtained by the person from, and
reasonably attributable to, the contravention;
(c) an order directing the
person to pay compensation to someone else who has suffered loss or damage
because of the contravention;
(d) an order directing the person to give a
security bond to the State for a stated period;
(e) another order the court
considers appropriate.
(3) The District Court may order the forfeiture to the
State of all or part of a security bond given by a person under subsection (2)
(d) if— (a) the chief executive applies to the court for the order; and
(b)
the court is satisfied the person contravened the undertaking during the
period for which the bond was given.
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