CTHIn ForceAct
National Greenhouse and Energy Reporting Act 2007
22XNNStay of proceedings for the recovery of an administrative penalty
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#### 22XNN Stay of proceedings for the recovery of an administrative penalty
Scope
(1) This section applies if:
(a) a notice was given to a person under section 22XNE; and
(b) the notice required the person to relinquish a particular number of relinquishable units; and
(c) the person did not comply with the requirement within 90 days after the notice was given; and
(d) proceedings for the recovery of the penalty payable under section 22XNI in respect of the non‑compliance with the requirement (including any late payment penalty payable under section 22XNJ in relation to the section 22XNI penalty) are before a court; and
(e) the decision to require the person to relinquish a specified number of relinquishable units is the subject of an application for review by the Administrative Review Tribunal.
Stay of proceedings
(2) The court may stay the proceedings until the review by the Administrative Review Tribunal (including any court proceedings arising out of the review) has been finalised.
(3) This section does not limit the power of:
(a) a court; or
(b) a Judge; or
(c) a magistrate;
under any other law to order a stay of proceedings.