sec.479Making enforcement order

### sec.479 Making enforcement order A District Court may make an enforcement order if the court is satisfied the offence— is being, or has been, committed; or will be committed unless the enforcement order is made. If the court is satisfied the offence is being or has been committed, it may make either or both of the following orders— an enforcement order whether or not there has been a prosecution for the offence; an order for exemplary damages. In considering whether to make an order for exemplary damages, the court may consider— any adverse impact on public health resulting, or likely to result, because of the commission of the offence; and any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence. If an order is made for exemplary damages, the amount of the damages must be paid to the consolidated fund. (sec.479-ssec.1) A District Court may make an enforcement order if the court is satisfied the offence— is being, or has been, committed; or will be committed unless the enforcement order is made. (sec.479-ssec.2) If the court is satisfied the offence is being or has been committed, it may make either or both of the following orders— an enforcement order whether or not there has been a prosecution for the offence; an order for exemplary damages. (sec.479-ssec.3) In considering whether to make an order for exemplary damages, the court may consider— any adverse impact on public health resulting, or likely to result, because of the commission of the offence; and any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence. (sec.479-ssec.4) If an order is made for exemplary damages, the amount of the damages must be paid to the consolidated fund. - (a) is being, or has been, committed; or - (b) will be committed unless the enforcement order is made. - (a) an enforcement order whether or not there has been a prosecution for the offence; - (b) an order for exemplary damages. - (a) any adverse impact on public health resulting, or likely to result, because of the commission of the offence; and - (b) any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence.