sec.173DProceeding for enforcement orders

### sec.173D Proceeding for enforcement orders A person may bring a proceeding in the court— for an order to remedy or restrain the commission of a nominated offence (an enforcement order ); or if the person has brought a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 173E (an interim enforcement order ); or for an order to cancel or change an enforcement order or interim enforcement order. The person may bring a proceeding for an enforcement order whether or not any right of the person has been, or may be, infringed by, or because of, the commission of the offence. If the chief executive is not a party to a proceeding for an enforcement order, the person must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding. Maximum penalty—20 penalty units. The Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive. s 173D ins 2003 No. 96 s 23 (sec.173D-ssec.1) A person may bring a proceeding in the court— for an order to remedy or restrain the commission of a nominated offence (an enforcement order ); or if the person has brought a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 173E (an interim enforcement order ); or for an order to cancel or change an enforcement order or interim enforcement order. (sec.173D-ssec.2) The person may bring a proceeding for an enforcement order whether or not any right of the person has been, or may be, infringed by, or because of, the commission of the offence. (sec.173D-ssec.3) If the chief executive is not a party to a proceeding for an enforcement order, the person must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding. Maximum penalty—20 penalty units. (sec.173D-ssec.4) The Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive. - (a) for an order to remedy or restrain the commission of a nominated offence (an enforcement order ); or - (b) if the person has brought a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 173E (an interim enforcement order ); or - (c) for an order to cancel or change an enforcement order or interim enforcement order.