207Supervisory intervention order

207 Supervisory intervention order

(1) A court that finds a person guilty of an offence under this Act or the regulations may make an order under this section on application by—

(2) The court may make an order under this section requiring the person (at the person's own expense and for a specified period not exceeding one year) to do all or any of the following—

(a) to do specified things that the court considers will improve the person's compliance with this Act or the regulations, including (for example) the following—

(i) appointing or removing staff to or from particular activities or positions;

(ii) training and supervising staff;

(iii) obtaining expert advice as to maintaining appropriate compliance;

(iv) installing monitoring, compliance, managerial or operational equipment;

(v) implementing monitoring, compliance, managerial or operational practices, systems or procedures;

(b) implement specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of one or more of the following as specified in the order—

(i) the regulator;

(ii) a person nominated by the regulator;

(c) to furnish compliance reports to the regulator or the court, or both, as specified in the order;

(d) to appoint a person to have responsibilities—

(i) to assist the person in improving compliance with this Act or the regulations, or specified provisions of this Act or the regulations; and

(ii) to monitor the person's performance in complying with this Act or the regulations, or specified provisions of this Act or the regulations and in complying with the requirements of the order; and

S. 207(2)(d)(iii) amended by No. 56/2025 s. 20.

(iii) to furnish compliance reports to the regulator or the court, or both, as specified in the order.

(3) The court may specify matters that are to be dealt with in compliance reports and the form and manner in which, and the frequency with which, compliance reports are to be prepared and furnished.

(4) The court may require that compliance reports or parts of compliance reports be made public, and may specify the form and manner in which, and the frequency with which, they are to be made public.

(5) A court may only make an order under this section against a person if it considers the person to be a systematic or persistent offender against this Act or the regulations.

(6) The court may only make an order under this section if it is satisfied that the order is capable of improving the person's ability or willingness to comply with this Act or the regulations, having regard to—