133Injunctions

133 Injunctions

Enforceable provisions (1) The following provisions are enforceable under Part 7 of the Regulatory Powers Act: (a) the provisions of this Act; (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person and relevant court (2) For the purposes of Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1): (a) the Executive Director and each authorised inspector is an authorised person; and (b) each relevant court (as defined in section 9 of this Act) is a relevant court. Additional matters relevant to court’s power to grant injunctions (3) The power of a relevant court under Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), to grant an injunction restraining a person from engaging in conduct may be exercised whether or not conduct of that kind constitutes a serious and immediate risk to human health or the environment. (4) The power of a relevant court under Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), to grant an injunction requiring a person to do a thing may be exercised whether or not there is a serious and immediate risk to human health or the environment if the person refuses or fails to do that thing. (5) Subsections (3) and (4) are in addition to, and do not limit, subsections 124(1) and (2) of the Regulatory Powers Act.