sec.10Starting proceeding for order

sec.10 Starting proceeding for order

A person may start a proceeding in the court— for an order (an enforcement order ) to remedy or restrain the commission of an offence against this Act; or if the person has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 11 (an interim enforcement order ); or to cancel or change an order. A proceeding for an enforcement order may be started whether or not a right of the applicant 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 applicant must, within 7 days after starting the proceeding, give the chief executive notice of the proceeding. Maximum penalty—20 penalty units. The Minister or the chief executive may elect to be a party to the proceeding the subject of the notice by filing in the court a notice of election in the form approved by the chief executive. In this section— person includes a body of persons, whether incorporated or unincorporated. (sec.10-ssec.1) A person may start a proceeding in the court— for an order (an enforcement order ) to remedy or restrain the commission of an offence against this Act; or if the person has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 11 (an interim enforcement order ); or to cancel or change an order. (sec.10-ssec.2) A proceeding for an enforcement order may be started whether or not a right of the applicant has been, or may be, infringed by, or because of, the commission of the offence. (sec.10-ssec.3) If the chief executive is not a party to a proceeding for an enforcement order, the applicant must, within 7 days after starting the proceeding, give the chief executive notice of the proceeding. Maximum penalty—20 penalty units. (sec.10-ssec.4) The Minister or the chief executive may elect to be a party to the proceeding the subject of the notice by filing in the court a notice of election in the form approved by the chief executive. (sec.10-ssec.5) In this section— person includes a body of persons, whether incorporated or unincorporated.

• (a) for an order (an enforcement order ) to remedy or restrain the commission of an offence against this Act; or
• (b) if the person has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 11 (an interim enforcement order ); or
• (c) to cancel or change an order.