Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 55EB

    (1)     This section applies if—

        (a)     an agreement entered into, or a deed executed, in accordance with section 55EA(1) makes provision for or with respect to a penalty—

              (i)     for a breach of the agreement or deed constituted by a failure to comply with a transitional obligation; or

              (ii)     for termination of the agreement or deed; and

        (b)     that penalty does not exceed 100 penalty units; and

        (c)     that provision is expressed under the agreement or deed to be a penalty provision for the purposes of this section.

    (2)     A person is liable to pay, as a debt due to the State, the amount as required by a provision described in subsection (1) despite anything to the contrary in a rule of, or principle at, common law.

    (3)     In this section—

transitional obligation has the meaning given by section 55EA.

S. 55F (Heading) substituted by No. 7/2023 s. 7(1).

S. 55F inserted by No. 66/2017 s. 7.