Page 3871 - Week 10 - Wednesday, 27 August 2008

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(3) Subsection (2) (c) and this subsection expire 1 year after the day this Act commences.

Clause 9

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9 Civil penalty

(1) This section applies if—

(a) a person (the plaintiff) starts or maintains a proceeding to which this Act applies against someone else (the defendant) in relation to the defendant’s conduct; and

(b) the court is satisfied that—

(i) the defendant’s conduct is public participation; and

(ii) the proceeding is started or maintained against the defendant for an improper purpose.

(2) The court may order the plaintiff to pay to the Territory a financial penalty of not more than the amount (if any) prescribed by regulation.

(3) The financial penalty must be worked out in accordance with a regulation.

Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177 and Court Procedures Act 2006, s 20, def judgment and s 31).

(4) The court may make an order under subsection (2)—

(a) on application by the Territory; or

(b) on its own initiative.

Note If a proceeding is for an improper purpose, the court’s power to award costs of the proceeding includes power to order that the costs be assessed on an indemnity basis (see Court Procedures Rules 2006, r 1752).

Clause 10

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10 Regulation-making power

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

11 Review of Act

(1) The Minister must review the operation of this Act as soon as practicable after 1 January 2012.

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