Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 209

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

S. 209(1) amended by No. 47/2019 s. 4.

    (1)     Subject to subsection (2), if the Director is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 125, 126, 126A, 148 or  177, the Director may apply to a court for an order directing the person to comply with the requirement.

    (2)     The Director must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 125(2), 126(3) or 169 (as applicable).

    (3)     On an application under subsection (1), the court may—

        (a)     order the person to comply with the requirement within a period specified in the order; and

        (b)     make any other orders it considers appropriate.

    (4)     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 125(2), 126(3) or 169 (as applicable) in respect of that failure.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback