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GREENHOUSE AND ENERGY MINIMUM STANDARDS ACT 2012 - SECT 132

Injunctions

Enforceable provisions

  (1)   A provision is enforceable under Part   7 of the Regulatory Powers Act if it is:

  (a)   an offence against Part   3 or 5 of this Act; or

  (b)   a civil penalty provision of Part   3 or 5 of this Act.

Note:   Part   7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

  (2)   For the purposes of Part   7 of the Regulatory Powers Act, the GEMS Regulator is an authorised person in relation to the provisions mentioned in subsection   (1).

Relevant court

  (3)   If a court is a relevant court for the purposes of this Act, then, for the purposes of Part   7 of the Regulatory Powers Act, the court is a relevant court in relation to the provisions mentioned in subsection   (1).

Consent injunctions

  (4)   A relevant court may grant an injunction under Part   7 of the Regulatory Powers Act in relation to a provision mentioned in subsection   (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section   121 of that Act applies.

Extension to external Territories

  (5)   Part   7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1), extends to every external Territory.



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