Victorian Current Acts

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COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 202

Contravention of undertaking

    (1)     This section applies if the regulator considers that a registered booking service provider has contravened an undertaking accepted by the regulator from that provider.

    (2)     The regulator may apply to the Magistrates' Court for enforcement of the undertaking.

    (3)     If the Magistrates' Court is satisfied that the provider has contravened the undertaking, the Court, in addition to imposing any penalty, may make any of the following orders—

        (a)     an order that the provider must comply with the undertaking or take specified action to comply with the undertaking;

        (b)     an order discharging the undertaking;

        (c)     an order directing the provider to pay to the regulator

              (i)     the costs of the proceeding; and

              (ii)     the reasonable costs of the regulator in monitoring compliance with the undertaking in the future;

        (d)     any other order that it considers appropriate in the circumstances.

    (4)     A registered booking service provider must comply with an order under this section.

Penalty:     In the case of an individual, 60 penalty units;

    In the case of a body corporate, 300 penalty units.

    (5)     Nothing in this section prevents a proceeding being commenced for the contravention or alleged contravention of this Act or the regulations to which the undertaking relates.

S. 203 inserted by No. 63/2017 s. 18.



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