129Regulator may take action if direction breached or arrangement not carried out

129 Regulator may take action if direction breached or arrangement not carried out

(1) If: (a) a direction is given to a person under section 126, and the person does not comply with the direction; or (b) a person makes an arrangement, as mentioned in subparagraph 126(2)(c)(iii) or (d)(iii), and does not carry out the arrangement; the Regulator may: (c) do any or all of the things required by the direction or arrangement to be done; or (d) engage another person to do any or all of those things on behalf of the Regulator. (2) If the Regulator incurs costs or expenses in relation to the doing of anything under subsection (1): (a) the costs or expenses are a debt due by the person to the Regulator; and (b) the debt is recoverable in: (i) the Federal Court; or (ii) the Federal Circuit and Family Court of Australia (Division 2); or (iii) a court of a State or Territory that has jurisdiction in relation to the matter. Direction to remove property (3) If any property brought into a vacated area (including before the vacated area became a vacated area) by any person engaged or concerned in the activities authorised by a licence has not been removed in accordance with: (a) a direction under section 126 in relation to the vacated area; or (b) an arrangement under subparagraph 126(2)(c)(iii) or (d)(iii) in relation to the vacated area; the Regulator may, by notifiable instrument, direct the owner or owners of that property to: (c) remove the property from the vacated area; or (d) dispose of the property to the satisfaction of the Regulator; before the time specified in the instrument.

Note: For sanctions, see section 130.

(4) The time specified in the instrument must be reasonable. (5) If a direction is given under subsection (3) in relation to property, the Regulator must give a copy of the direction to each person whom the Regulator believes to be an owner of the property or of any part of the property.