sec.475Starting proceeding for enforcement order

### sec.475 Starting proceeding for enforcement order Subject to subsection (2) , a person may start a proceeding in a District Court— for an enforcement order to remedy or restrain the commission of an offence against this Act; or if the person has started a proceeding under paragraph (a) for an enforcement order and the court has not decided the proceeding—for an order under section 478 ; or for an order that a person who has committed an offence against this Act pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence. A proceeding for an enforcement order in relation to an offence against a following provision of this Act may be started only by the person stated for the provision— a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the regulator; section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the service provider; section 168 , 191 or 192 —the regulator or the service provider. Subsection (2) (a) applies for an offence against section 531 only if the appointment of the administrator was made for section 530 (1) (a) . A proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence. If a person other than the chief executive starts a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding. s 475 amd 2014 No. 16 s 101 sch 1 (sec.475-ssec.1) Subject to subsection (2) , a person may start a proceeding in a District Court— for an enforcement order to remedy or restrain the commission of an offence against this Act; or if the person has started a proceeding under paragraph (a) for an enforcement order and the court has not decided the proceeding—for an order under section 478 ; or for an order that a person who has committed an offence against this Act pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence. (sec.475-ssec.2) A proceeding for an enforcement order in relation to an offence against a following provision of this Act may be started only by the person stated for the provision— a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the regulator; section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the service provider; section 168 , 191 or 192 —the regulator or the service provider. (sec.475-ssec.3) Subsection (2) (a) applies for an offence against section 531 only if the appointment of the administrator was made for section 530 (1) (a) . (sec.475-ssec.4) A proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence. (sec.475-ssec.5) If a person other than the chief executive starts a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding. - (a) for an enforcement order to remedy or restrain the commission of an offence against this Act; or - (b) if the person has started a proceeding under paragraph (a) for an enforcement order and the court has not decided the proceeding—for an order under section 478 ; or - (c) for an order that a person who has committed an offence against this Act pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence. - (a) a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the regulator; - (b) section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the service provider; - (c) section 168 , 191 or 192 —the regulator or the service provider.