Design and Building Practitioners Act 2020
91Applying for orders to restrain or remedy contraventions
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91 Applying for orders to restrain or remedy contraventions
91 Applying for orders to restrain or remedy contraventions
(1) The Secretary may apply to the Land and Environment Court for an order to remedy or restrain a breach of this Act or the regulations.
(2) The application may be made whether or not proceedings have been instituted for an offence against this Act or the regulations.
(3) An order may be made without the Secretary being required to show a likelihood of damage.
(4) If in the opinion of the Court it is desirable to do so, the Court may grant an interim order pending determination of the application.
(5) When the Secretary applies for the grant of an order under this section, the Court is not to require the Secretary or another person, as a condition of granting an interim order, to give an undertaking as to damages.
(6) If the Court is satisfied that a breach has been committed or that a breach will, unless restrained by order of the Court, be committed, it may make the orders it thinks fit to remedy or restrain the breach.