QLDIn ForceAct
Vegetation Management Act 1999
sec.68CIContravention of enforceable undertaking
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### sec.68CI Contravention of enforceable undertaking
A person must not contravene an enforceable undertaking made by the person that is in effect.
Maximum penalty—
if the offence is committed wilfully—6,250 penalty units; or
otherwise—4,500 penalty units.
Regardless of whether the person is prosecuted for an offence against subsection (1) , the chief executive may apply to a Magistrates Court for an order if the person contravenes the enforceable undertaking.
If the court is satisfied the person contravened the undertaking, the court, in addition to imposing any penalty, may make either or both of the following orders—
an order directing the person to comply with the undertaking;
an order discharging the undertaking.
Also, the court may make any other order the court considers just and appropriate in the circumstances, including an order directing the person to pay to the chief executive—
the costs of the proceedings; and
the costs associated with the investigation of the contravention of the enforceable undertaking; and
the reasonable costs of the chief executive in monitoring compliance with the enforceable undertaking in the future.
s 68CI ins 2018 No. 7 s 35
(sec.68CI-ssec.1) A person must not contravene an enforceable undertaking made by the person that is in effect. Maximum penalty— if the offence is committed wilfully—6,250 penalty units; or otherwise—4,500 penalty units.
(sec.68CI-ssec.2) Regardless of whether the person is prosecuted for an offence against subsection (1) , the chief executive may apply to a Magistrates Court for an order if the person contravenes the enforceable undertaking.
(sec.68CI-ssec.3) If the court is satisfied the person contravened the undertaking, the court, in addition to imposing any penalty, may make either or both of the following orders— an order directing the person to comply with the undertaking; an order discharging the undertaking.
(sec.68CI-ssec.4) Also, the court may make any other order the court considers just and appropriate in the circumstances, including an order directing the person to pay to the chief executive— the costs of the proceedings; and the costs associated with the investigation of the contravention of the enforceable undertaking; and the reasonable costs of the chief executive in monitoring compliance with the enforceable undertaking in the future.
- (a) if the offence is committed wilfully—6,250 penalty units; or
- (b) otherwise—4,500 penalty units.
- (a) an order directing the person to comply with the undertaking;
- (b) an order discharging the undertaking.
- (a) the costs of the proceedings; and
- (b) the costs associated with the investigation of the contravention of the enforceable undertaking; and
- (c) the reasonable costs of the chief executive in monitoring compliance with the enforceable undertaking in the future.