Document ID: chunk:federal_register_of_legislation:C2011A00112:clause:2_577a
Version: federal_register_of_legislation:C2011A00112
Segment Type: clause
Provision Reference: sch 2 cl 577A
Character Range: 77579–79161

577A  Responsible Commonwealth Minister may take action if there is a breach of a direction

Action by responsible Commonwealth Minister
 (1) If:
 (a) a person is subject to a direction given by the responsible Commonwealth Minister under this Part; and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the direction;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.

Recovery of costs and expenses incurred by the responsible Commonwealth Minister
 (2) Costs or expenses incurred by the responsible Commonwealth Minister under subsection (1) in relation to a direction are:
 (a) a debt due to the Commonwealth by the person subject to the direction; and
 (b) recoverable in a court of competent jurisdiction.

Exception—direction that has an extended application
 (3) If:
 (a) a direction under section 574A applies to:
 (i) a registered holder; and
 (ii) another person; and
 (b) an action under subsection (2) relating to the direction is brought against the other person; and
 (c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.

Defence
 (4) In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.