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PROPERTY OCCUPATIONS ACT 2014 - SECT 200
Enforcement of undertakings
200 Enforcement of undertakings
(1) If the chief executive believes on reasonable grounds a person who gave an
undertaking has contravened a term of the undertaking, the chief executive may
apply to the District Court for an order under this section.
(2) If the
District 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
another person 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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