§ 48M — Enforcement of directions of or written notices by Commission in District Court

48M.—(1) For the purposes of enforcing a direction or written notice mentioned in subsection (2) —(a)

the Commission may apply for the direction or written notice (as the case may be) to be registered in a District Court in accordance with the Rules of Court; and

(b)

the District Court is to register the direction or written notice in accordance with the Rules of Court.[40/2020]

(2) Subsection (1) applies to any of the following:(a)

a direction made by the Commission under section 48H(2), 48I or 48L(4);

(b)

a written notice by the Commission for the payment of any sum comprising —(i)

a financial penalty imposed under section 48J(1); and

(ii)

any interest payable under section 48K(10) on that financial penalty.[40/2020]

(3) From the date of registration of a direction or written notice under subsection (1), the direction or written notice (as the case may be) has the same force and effect, and all proceedings may be taken on the direction or written notice (as the case may be), for the purposes of enforcement, as if it had been an order originally obtained in the District Court which has power to enforce it accordingly.[40/2020]

(4) A District Court may, for the purpose of enforcing a direction in accordance with subsection (3), make any order —(a)

to secure compliance with the direction; or

(b)

to require any person to do anything to remedy, mitigate or eliminate any effects arising from —(i)

anything done which ought not, under the direction, to have been done; or

(ii)

anything not done which ought, under the direction, to have been done,

which would not have occurred had the direction been complied with.

[40/2020]

(5) A District Court has jurisdiction to enforce a written notice in accordance with subsection (3) regardless of the amount of the sum mentioned in subsection (2)(b).[40/2020]

—(1) For the purposes of enforcing a direction or written notice mentioned in subsection (2) —(a)

the Commission may apply for the direction or written notice (as the case may be) to be registered in a District Court in accordance with the Rules of Court; and

(b)

the District Court is to register the direction or written notice in accordance with the Rules of Court.[40/2020]

(2) Subsection (1) applies to any of the following:(a)

a direction made by the Commission under section 48H(2), 48I or 48L(4);

(b)

a written notice by the Commission for the payment of any sum comprising —(i)

a financial penalty imposed under section 48J(1); and

(ii)

any interest payable under section 48K(10) on that financial penalty.[40/2020]

(3) From the date of registration of a direction or written notice under subsection (1), the direction or written notice (as the case may be) has the same force and effect, and all proceedings may be taken on the direction or written notice (as the case may be), for the purposes of enforcement, as if it had been an order originally obtained in the District Court which has power to enforce it accordingly.[40/2020]

(4) A District Court may, for the purpose of enforcing a direction in accordance with subsection (3), make any order —(a)

to secure compliance with the direction; or

(b)

to require any person to do anything to remedy, mitigate or eliminate any effects arising from —(i)

anything done which ought not, under the direction, to have been done; or

(ii)

anything not done which ought, under the direction, to have been done,

which would not have occurred had the direction been complied with.

[40/2020]

(5) A District Court has jurisdiction to enforce a written notice in accordance with subsection (3) regardless of the amount of the sum mentioned in subsection (2)(b).[40/2020]