South Australian Current Acts

HOUSING IMPROVEMENT ACT 2016 - SECT 55

55—Orders in respect of contraventions

        (1)         If, in proceedings for an offence under this Act, the court finds that the defendant contravened this Act and the contravention has resulted in injury or loss to a person, or damage to property of the person, the court may, in addition to any penalty it may impose, do one or more of the following:

            (a)         order the defendant to take specified action to prevent further injury or loss to the person, or damage to property of the person;

            (b)         order the defendant to pay—

                  (i)         to any public authority that has incurred costs or expenses in taking action to prevent the injury, loss or damage; and

                  (ii)         to any person who has suffered injury or loss, or damage to property, as a result of the contravention, or incurred costs or expenses in taking action to prevent such injury, loss or damage,

the reasonable costs and expenses so incurred, or compensation for the injury, loss or damage suffered, as the case may be, in such amount as is determined by the court.

        (2)         If a person is found by a court to have contravened this Act, the court may, in addition to any penalty it may impose, order the person to pay to the Minister an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention.

        (3)         For the purposes of subsection (2), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.

        (4)         The court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.

        (5)         An amount paid to the Minister in accordance with an order under subsection (2) must be paid into the consolidated account.

        (6)         In this section—

"public authority" includes a Minister, statutory authority or council.