Victorian Numbered Acts

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CONSUMER AFFAIRS LEGISLATION AMENDMENT ACT 2014 (NO. 50 OF 2014) - SECT 34

New section 100 substituted

For section 100 of the Fire Services Levy Monitor Act 2012 substitute

        "     100     Powers of court if requirement of Monitor or inspector not complied with

    (1)     Subject to subsection (2), if the Monitor is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 18, 19, 30 or 71, the Monitor may apply to a court for an order directing the person to comply with the requirement.

    (2)     The Monitor must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 18(2), 19(3), 30(4) or 65 (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 18(2), 19(3), 30(4) or 65 (as applicable) in respect of that failure.".

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