sec.34Proceedings for offences

sec.34 Proceedings for offences

A person must not use premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 . Maximum penalty—33 penalty units. A person may bring a proceeding on a complaint to prosecute another person for an offence mentioned in subsection (1) , whether or not any right of the complainant has been or may be infringed by, or as a consequence of, the offence. A proceeding under this section may be brought by a person on the person’s own behalf or on behalf of the person and— another person, with the person’s consent; or an incorporated or unincorporated body (with the consent of its committee or other controlling or governing body); that has like or common interests in the proceeding. A person on whose behalf a proceeding is brought is entitled to contribute to, or provide for the payment of, the legal costs and expenses incurred by the person bringing the proceeding. A person who after conviction for an offence against subsection (1) (the previous conviction ) continues to fail to comply with the condition, requirement or restriction in relation to which the person incurred the previous conviction commits an offence against this Act. Maximum penalty—5 penalty units for each day on which the person continued to fail to comply with the condition, requirement or restriction from the last previous conviction to the person’s conviction for the offence against this subsection. Any right or remedy that a person has in respect of an act or omission of another person is not affected because the act or omission constitutes an offence against this section for which no person has been prosecuted. On the hearing of a complaint for an offence under subsection (1) , a Magistrates Court may make an order against the defendant in addition to or in substitution for any penalty it is authorised to impose. An order made under subsection (7) may— order the defendant to cease using premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 ; or order the defendant to do anything required to comply with, or to cease a contravention of, a condition, requirement or restriction mentioned in paragraph (a) ; or specify that the failure to comply constitutes a public nuisance. The order may be in terms that the court considers appropriate to secure compliance with a condition, requirement or restriction mentioned in subsection (8) (a) . If the court makes an order under subsection (7) , it must specify in the order a time within which the order is to be complied with. A person who fails to comply with an order under subsection (7) commits an offence. Maximum penalty— in the case of an individual—33 penalty units; or in the case of a corporation—165 penalty units. If— a person fails to comply with an order made by the court under subsection (7) ; and the order specifies that the failure to comply constitutes a public nuisance; the Council may undertake the work necessary to remove the nuisance. All expenses incurred by the Council in removing the nuisance may be recovered from the person by the Council as a debt due to the Council. (sec.34-ssec.1) A person must not use premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 . Maximum penalty—33 penalty units. (sec.34-ssec.2) A person may bring a proceeding on a complaint to prosecute another person for an offence mentioned in subsection (1) , whether or not any right of the complainant has been or may be infringed by, or as a consequence of, the offence. (sec.34-ssec.3) A proceeding under this section may be brought by a person on the person’s own behalf or on behalf of the person and— another person, with the person’s consent; or an incorporated or unincorporated body (with the consent of its committee or other controlling or governing body); that has like or common interests in the proceeding. (sec.34-ssec.4) A person on whose behalf a proceeding is brought is entitled to contribute to, or provide for the payment of, the legal costs and expenses incurred by the person bringing the proceeding. (sec.34-ssec.5) A person who after conviction for an offence against subsection (1) (the previous conviction ) continues to fail to comply with the condition, requirement or restriction in relation to which the person incurred the previous conviction commits an offence against this Act. Maximum penalty—5 penalty units for each day on which the person continued to fail to comply with the condition, requirement or restriction from the last previous conviction to the person’s conviction for the offence against this subsection. (sec.34-ssec.6) Any right or remedy that a person has in respect of an act or omission of another person is not affected because the act or omission constitutes an offence against this section for which no person has been prosecuted. (sec.34-ssec.7) On the hearing of a complaint for an offence under subsection (1) , a Magistrates Court may make an order against the defendant in addition to or in substitution for any penalty it is authorised to impose. (sec.34-ssec.8) An order made under subsection (7) may— order the defendant to cease using premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 ; or order the defendant to do anything required to comply with, or to cease a contravention of, a condition, requirement or restriction mentioned in paragraph (a) ; or specify that the failure to comply constitutes a public nuisance. (sec.34-ssec.9) The order may be in terms that the court considers appropriate to secure compliance with a condition, requirement or restriction mentioned in subsection (8) (a) . (sec.34-ssec.10) If the court makes an order under subsection (7) , it must specify in the order a time within which the order is to be complied with. (sec.34-ssec.11) A person who fails to comply with an order under subsection (7) commits an offence. Maximum penalty— in the case of an individual—33 penalty units; or in the case of a corporation—165 penalty units. (sec.34-ssec.12) If— a person fails to comply with an order made by the court under subsection (7) ; and the order specifies that the failure to comply constitutes a public nuisance; the Council may undertake the work necessary to remove the nuisance. (sec.34-ssec.13) All expenses incurred by the Council in removing the nuisance may be recovered from the person by the Council as a debt due to the Council.