29Civil penalty order

29 Civil penalty order

(1)  In this section, court means a court of summary jurisdiction.

(2)  [Section 29 Subsection (2) amended by No. 42 of 2002, s. 19, Applied:27 Nov 2002] If a person contravenes section 24(2) , (3) , (6) or (7) or section 25(1) , the Government Business Enterprise or a person authorised in writing by the Portfolio Minister or Treasurer may apply to the court, within 6 years after the contravention, for an order under subsection (3) .

(3)  [Section 29 Subsection (3) amended by No. 42 of 2002, s. 19, Applied:27 Nov 2002] If the court is satisfied of the matters specified in subsection (3A) , the court may make one or more of the following orders:

(a) an order prohibiting the person from being an officer of a Government Business Enterprise for the period specified in the order;

(b) an order that the person pay to the Treasurer an amount not exceeding $200 000.

(3A)  [Section 29 Subsection (3A) inserted by No. 42 of 2002, s. 19, Applied:27 Nov 2002] Before making an order under subsection (3) , the court must be satisfied that –

(a) the person has contravened section 24(2) , (3) , (6) or (7) or section 25(1) ; and

(b) the contravention of that section –

(i) materially prejudices the interests of the Government Business Enterprise; or

(ii) materially prejudices the ability of the Government Business Enterprise to pay its creditors; or

(iii) is serious.