Victorian Numbered Acts

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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 230

Powers of the Executive Director with respect to contravention

    (1)     If a person is found in contempt of court for failing to comply with an order under section 229, the Executive Director

        (a)     may do anything that is necessary or expedient to carry out any action that remains to be done under the order and
that it is still practicable to do; and

        (b)     may publicise the failure of the person to comply with the order.

    (2)     If a person fails to comply with an order made under section 229(1) or (2), the Executive Director may give the person a written notice (a  notice of intended action ).

    (3)     A notice of intended action must advise the person that the Executive Director intends to carry out specified actions that remain to be done under the order unless the person can, within 14 days after being given the notice, satisfy the Executive Director that the person will carry out those actions within a period of time acceptable to the Executive Director.

    (4)     If a person who has been given a notice of intended action fails to give the Executive Director a satisfactory response within the 14 days, or fails to comply with any undertaking given to the Executive Director in response to a notice under that subsection, the Executive Director—

        (a)     may do anything that is necessary or expedient to carry out any action that remains to be done under the order and
that it is still practicable to do; and

        (b)     may publicise the failure of the person to comply with the order.

    (5)     Nothing in subsections (2), (3) and (4) prevents contempt of court proceedings from being started or continued against a person who has failed to comply with a court order.

    (6)     The Executive Director may recover from a person against whom an order was made under  section 229 in a court of competent jurisdiction as a debt due to the Crown any cost the Executive Director incurs in taking action under subsection (1) or (4).



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