Document ID: chunk:federal_register_of_legislation:C2024C00844:section:132
Version: federal_register_of_legislation:C2024C00844
Segment Type: section
Provision Reference: s 132
Character Range: 456679–458936

132  Powers of courts
 (1) If a person (the offender) has committed an offence or contravened a civil penalty provision in Part 5, the Federal Court of Australia, the Federal Circuit and Family Court of Australia (Division 2) or the Supreme Court of a State or Territory may, on application by the Treasurer, make any order it thinks fit:
 (a) if the contravention was failing to give a notice under section 81, or taking an action before the day mentioned in section 82, in relation to an acquisition of an interest in Australian land—to preserve the interest; or
 (aa) if the contravention was taking an action before a review provided for by section 79A has been completed and an event mentioned in subparagraph 79A(3)(b)(i), (ii), (iii) or (iv) occurs, in relation to an acquisition of an interest in Australian land—to preserve the interest; or
 (ab) if the contravention was holding an interest in more than one established dwelling at the same time, or acquiring an interest in an established dwelling (see section 95)—to preserve the interest; or
 (b) if the contravention was of an order made under Part 3—to achieve the purpose for which the order was made; or
 (c) if the contravention was of a condition of a no objection notification or an exemption certificate—to achieve the purpose for which the condition was imposed by the Treasurer; or
 (d) if the contravention was of a condition of a notice imposing conditions—to achieve the purpose for which the condition was imposed by the Treasurer.
 (2) To avoid doubt, the court may make an order:
 (a) whether or not the offender has been convicted of an offence, or a civil penalty order has been made against the offender, in relation to the contravention; and
 (b) whether or not the contravention still continues; and
 (c) whether or not other proceedings relating to the contravention have been or are to be instituted.

Kinds of orders court may make
 (3) Without limiting subsection (1), the court may make any of the following orders.

Kinds of orders court may make
Item                            In relation to …                                                                                                                                              the court may make an order …