Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_73a
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 73A
Character Range: 68570–69557

73A  Director etc. must not institute court proceedings in relation to settled matters
 (1) This section applies if:
 (a) a building proceeding was instituted in a court; and
 (b) neither the Director nor an inspector:
 (i) was a party to the proceeding; or
 (ii) had intervened in the proceeding; and
 (c) the matter that was the subject of the proceeding was settled between the parties to the proceeding (or if more than one matter was the subject of the proceeding—one or more of those matters was settled between the parties to the proceeding); and
 (d) a notice was filed in the court discontinuing the proceeding to the extent that it related to the settled matter or matters.
 (2) The Director (or an inspector) must not institute a building proceeding in a court if the conduct giving rise to the proceeding was the subject of the settled matter or matters referred to in paragraph (1)(c).
 (3) In this section:
building proceeding has the same meaning as in subsection 73(4).