NSWIn ForceAct
Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
31Applying for orders to restrain or remedy contraventions
Start here
Get a plain-English read of 31
Turn the raw legal text into a practical explanation grounded in Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.
#### 31 Applying for orders to restrain or remedy contraventions
31 Applying for orders to restrain or remedy contraventions
> > (1) The Secretary may apply to the Land and Environment Court for an order to remedy or restrain a breach of this Act or the regulations or any order under this Act.
>
> > (2) The application may be made whether or not proceedings have been instituted for an offence against this Act or the regulations.
>
> > (3) An order may be made without the Secretary being required to show a likelihood of damage.
>
> > (4) If in the opinion of the Court it is desirable to do so, the Court may grant an interim order pending determination of the application.
>
> > (5) When the Secretary applies for the grant of an order under this section, the Court is not to require the Secretary or another person, as a condition of granting an interim order, to give an undertaking as to damages.
>
> > (6) If the Court is satisfied that a breach has been committed or that a breach will, unless restrained by order of the Court, be committed, it may make the orders it thinks fit to remedy or restrain the breach.