sec.78Application for order imposing civil penalties

sec.78 Application for order imposing civil penalties

This section applies if an inbound tour operator or tour guide is alleged to have contravened section 35 (1) . The commissioner, or a person (the injured person ) who claims to have suffered financial loss because of the contravention, may apply to the District Court for an order requiring the inbound tour operator or tour guide— to pay a money penalty to the State; or to pay an amount to the injured person as compensation. An application by the commissioner may be made together with an application made by the commissioner under part 8 . Under section 82 (1) (a) , (2) or (3) the contravention by a registrant, tour guide or inbound tour operator of section 35 (1) is also a ground for starting a disciplinary proceeding against the person in the tribunal. However, under section 97 , either of the following actions may be taken, but not both— a registrant, tour guide or inbound tour operator may be dealt with by way of a disciplinary proceeding; the commissioner or injured person may make an application under section 78 (2) . The applicant must, at least 14 days before making the application, give notice of the intention to make the application to— if the commissioner intends to make the application—any person the commissioner reasonably believes may have suffered financial loss because of the contravention, if practicable; and if an injured person intends to make the application—the commissioner. The commissioner or an injured person may make a joint application under subsection (2) , or may join in a proceeding started by the other. (sec.78-ssec.1) This section applies if an inbound tour operator or tour guide is alleged to have contravened section 35 (1) . (sec.78-ssec.2) The commissioner, or a person (the injured person ) who claims to have suffered financial loss because of the contravention, may apply to the District Court for an order requiring the inbound tour operator or tour guide— to pay a money penalty to the State; or to pay an amount to the injured person as compensation. (sec.78-ssec.3) An application by the commissioner may be made together with an application made by the commissioner under part 8 . Under section 82 (1) (a) , (2) or (3) the contravention by a registrant, tour guide or inbound tour operator of section 35 (1) is also a ground for starting a disciplinary proceeding against the person in the tribunal. However, under section 97 , either of the following actions may be taken, but not both— a registrant, tour guide or inbound tour operator may be dealt with by way of a disciplinary proceeding; the commissioner or injured person may make an application under section 78 (2) . (sec.78-ssec.4) The applicant must, at least 14 days before making the application, give notice of the intention to make the application to— if the commissioner intends to make the application—any person the commissioner reasonably believes may have suffered financial loss because of the contravention, if practicable; and if an injured person intends to make the application—the commissioner. (sec.78-ssec.5) The commissioner or an injured person may make a joint application under subsection (2) , or may join in a proceeding started by the other.