33Application to court

33 Application to court

S. 33(1) substituted by No. 23/2021 s. 28(1).

(1) If a person, body or relevant entity, without reasonable excuse, fails to comply with a notice to produce, the sector regulator that gave the notice may apply to a court for any or all of the following—

(a) a declaration that the person, body or relevant entity has failed to comply with the notice to produce;

(b) an order requiring the person, body or relevant entity to pay a pecuniary penalty;

(c) an injunction under section 34A.

S. 33(1A) inserted by No. 23/2021 s. 28(1).

(1A) If a relevant entity, without reasonable excuse, fails to comply with a notice to comply, the sector regulator that gave the notice may apply to a court for any or all of the following—

(a) a declaration that the relevant entity has failed to comply with the notice to comply;

(b) an order requiring the relevant entity to pay a pecuniary penalty;

(c) an injunction under section 34A.

S. 33(2) amended by No. 23/2021 s. 28(2)(a).

(2) The court may make the declaration sought under subsection (1) or (1A) if the court is satisfied that—

S. 33(2)(a) repealed by No. 23/2021 s. 28(2)(b).

S. 33(2)(b) amended by No. 23/2021 s. 28(2)(c).

(b) the person, body or relevant entity has failed to comply with the notice to produce or notice to comply (as the case requires); and

(c) the failure to comply was unreasonable.

S. 33(3) inserted by No. 23/2021 s. 28(3).

(3) The court may grant an injunction in response to an application under subsection (1)(c) or (1A)(c) requiring a person, body or relevant entity to do a thing—

(a) if the court makes a declaration under subsection (2) that the person, body or relevant entity has failed to comply with a notice to produce or a notice to comply; and

(b) whether or not the court orders the person, body or relevant entity to pay a pecuniary penalty.

New s. 34 inserted by No. 63/2016 s. 8.