42Non-compliance with directions

##### 42. Non-compliance with directions (1) Where a person does not comply with a direction given or applicable to the person under this Act the Minister may do all or any of the things required by the direction to be done. (2) Costs and expenses incurred by the Minister under subsection (1) in relation to a direction are a debt due by the person to whom the direction was given or was applicable to the State and are recoverable in a court of competent jurisdiction. (3) Where — (a) a direction given under section 41 applies to a licensee and another person and an action under subsection (2) relating to the direction is brought against that other person; and (b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction, the person is not liable under subsection (2) unless the plaintiff proves that the person knew, or could reasonably be expected to have known, of the existence of the direction. (4) It is a defence if a person charged with failing to comply with a direction given or applicable to the person under this Act or under the regulations, or a defendant in an action under subsection (2), proves that that person took all reasonable steps to comply with the direction. [Section 42 inserted: No. 28 of 1994 s. 73; amended: No. 13 of 2005 s. 31.]