Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a person is subject to a direction given by the Regulator under section 121; and
(b) the person does not comply with the direction.
(2) The Regulator may:
(a) do any or all of the things required by the direction to be done; or
(b) engage another person to do any or all of those things on behalf of the Regulator.
(3) If the Regulator incurs costs or expenses in relation to the doing of anything under subsection (2):
(a) the costs or expenses are a debt due by the person to the Regulator; and
(b) the debt is recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Exception--direction that has an extended application
(4) If:
(a) a direction under section 121 applies to:
(i) a licence holder; and
(ii) another person; and
(b) an action under subsection (3) of this section 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 (3) of this section unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.