Victorian Current Acts

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Minister may take action if there is noncompliance with a direction

    (1)     If—

        (a)     a person is subject to a direction given by the Minister under—

              (i)     Chapter 2; or

              (ii)     this Chapter; or

              (iii)     Part 7.1; or

              (iv)     the regulations; and

        (b)     the person fails to comply with the direction—

    the Minister may do any or all of the things required by the direction to be done.

    (2)     Costs or expenses incurred by the Minister under subsection (1) in relation to a direction are—

        (a)     a debt due to the State by the person subject to the direction; and

        (b)     recoverable in a court of competent jurisdiction.

    (3)     If—

        (a)     a direction under section 623 applies to—

              (i)     a registered holder; and

              (ii)     another person; and

        (b)     an action under subsection (2) relating to the direction is brought against the other person; and

        (c)     the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction—

the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.

    (4)     In an action under subsection (2), it is a defence if the defendant took all reasonable steps to comply with the direction.

Division 4 —Defence of taking reasonable steps to comply with a direction

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