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Building Industry Fairness (Security of Payment) Act 2017
sec.191Enforcement action to comply with prescribed guidelines
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### sec.191 Enforcement action to comply with prescribed guidelines
An entity considering taking enforcement action must consider a guideline, about taking enforcement action, prescribed by regulation.
A failure to comply with subsection (1) does not invalidate or otherwise affect the enforcement action.
Nothing in subsection (1) —
affects the functions of Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 10 ; or
affects the power of the Director of Public Prosecutions to act under the Director of Public Prosecutions Act 1984 , section 11 ; or
prevents a person from complying with a guideline made by the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 11 (1) .
To the extent of any inconsistency between a guideline prescribed under subsection (1) and a guideline mentioned in subsection (3) (c) , the latter guideline prevails.
In this section—
enforcement action means a proceeding for an offence against this Act or issuing an infringement notice for an offence against this Act.
infringement notice see the State Penalties Enforcement Act 1999 , schedule 2 .
(sec.191-ssec.1) An entity considering taking enforcement action must consider a guideline, about taking enforcement action, prescribed by regulation.
(sec.191-ssec.2) A failure to comply with subsection (1) does not invalidate or otherwise affect the enforcement action.
(sec.191-ssec.3) Nothing in subsection (1) — affects the functions of Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 10 ; or affects the power of the Director of Public Prosecutions to act under the Director of Public Prosecutions Act 1984 , section 11 ; or prevents a person from complying with a guideline made by the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 11 (1) .
(sec.191-ssec.4) To the extent of any inconsistency between a guideline prescribed under subsection (1) and a guideline mentioned in subsection (3) (c) , the latter guideline prevails.
(sec.191-ssec.5) In this section— enforcement action means a proceeding for an offence against this Act or issuing an infringement notice for an offence against this Act. infringement notice see the State Penalties Enforcement Act 1999 , schedule 2 .
- (a) affects the functions of Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 10 ; or
- (b) affects the power of the Director of Public Prosecutions to act under the Director of Public Prosecutions Act 1984 , section 11 ; or
- (c) prevents a person from complying with a guideline made by the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 11 (1) .