Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 230

Cost recovery in respect of failure to comply with direction, requirement or notice

    (1)     Any reasonable costs incurred under section 229 are a debt payable to the Secretary or the Council by the person given the direction     or who was subject to the requirement, improvement notice or prohibition notice.

    (2)     Any reasonable costs incurred under section 229 in relation to any premises

        (a)     are until recovered a charge on the relevant land; and

        (b)     may at any time be recovered by the Secretary or the Council in a court of competent jurisdiction—

              (i)     from the owner of the relevant land for the time being; or

              (ii)     after demand from the occupier of the relevant land for the time being, from the rent, to the extent of the amount of rent due, at the time of demand, from the occupier to the owner.

    (3)     In this section, "reasonable costs" means—

        (a)     the costs and expenses of taking the actions necessary to ensure as far as is possible compliance with the direction, requirement, improvement notice or prohibition notice; and

        (b)     all other costs and expenses lawfully incurred by the Secretary or the Council in respect of any premises whether or not any judgment or order has been obtained; and

        (c)     interest at the percentage rate per annum fixed in accordance with section 2 of the Penalty Interest Rates Act 1983 .



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