39Contravention of prescribed code of practice

39 Contravention of prescribed code of practice

(1)  The Director may apply to a magistrate for an order under this section if it appears to the Director that a person has contravened any provision of a prescribed code of practice.

(1A)  [Section 39 Subsection (1A) inserted by No. 1 of 2026, s. 6, Applied:02 Apr 2026] The Director may make an application under subsection (1) in respect of a contravention of a provision of a prescribed code of practice regardless of whether or not a penalty has been imposed under section 38A in respect of the contravention.

(2)  If a magistrate is satisfied that a person has contravened a provision of a prescribed code of practice, the magistrate may order the person –

(a) to cease contravening that provision; and

(b) to rectify any consequence of the failure or contravention.

(3)  If –

(a) the contravention is by a body corporate; and

(b) the magistrate is satisfied that it occurred with the consent or connivance of a person who, at the time of the contravention, was a director of the body corporate or a person concerned in its management –

the magistrate may make either or both of the following additional orders:

(c) an order prohibiting the person from continuing to consent to, or connive at, the contravention;

(d) an order prohibiting the person from consenting to, or conniving at, a similar contravention by any other body corporate of which the person is a director or in the management of which the person is concerned.

(4)  An order under this section may be made for the period and subject to the conditions that the magistrate thinks fit, including –

(a) the future conduct of the person; and

(b) any action to be taken to rectify the consequences of the contravention which is the subject of the order.

(5)  It is a defence in any proceedings in respect of a failure to comply with any regulations relating to a code of practice to establish that compliance was effected by means other than those specified in the code of practice.