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Building Act 1993
152Additional orders that may be made by the Court
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152 Additional orders that may be made by the Court
(1) The Director may bring proceedings in a prescribed court for an
order under this section in the event of a breach, or threatened or
apprehended breach, of this Act or the Regulations or a notice or
order issued under this Act (including a notice, order or
determination of the Appeals Board).
(2) The court may, if it is satisfied that a breach, or threatened or
apprehended breach, has been or will be committed or is likely to
be committed, make:
(a) an order to restrain the breach or other conduct by the person
by whom the breach is committed or by whom the threatened
or apprehended breach is likely to be committed; or
(b) an order requiring building work to be carried out; or
(c) an order requiring the payment of money into court in respect
of building work carried out by, or to be carried out by, the
Director; or
(d) any necessary ancillary orders.
(3) A person may make an application for an order under this section
during proceedings for an offence against this Act or the
Regulations and an order may be made instead of or in addition to
a penalty imposed in those or any other proceedings.
(4) A person must not make an application under this section as to a
notice, order or other matter that is subject to an appeal to the
Appeals Board not finally disposed of.
Building Act 1993 118