129Court orders

129 Court orders

(1) On an application by the Head, Recycling Victoria, a court may make an order requiring a person to take any specific action, in such terms as the court considers appropriate, if the court is satisfied that a person is not complying or has not complied with—

(a) a prohibition notice; or

(b) an improvement notice.

(2) Without limiting subsection (1), an order under that subsection may require a person to do a specified act or thing that the court considers reasonably necessary to prevent, minimise or remedy the non-compliance.

S. 129(3) amended by No. 36/2022 s. 15.

(3) The Head, Recycling Victoria may apply for an order under subsection (1) whether or not a proceeding has been commenced for—

(a) an offence against this Act or the regulations; or

(b) a contravention of a civil penalty provision under this Act.

(4) An application for an order under subsection (1) may be made ex parte.

Division 7—Enforceable undertakings