(2) Subsection (1) applies despite section 100(2)(a) of the Magistrates' Court Act 1989. (3) If an application is made under subsection (1), the Magistrates' Court may grant an interim injunction in respect of that application restraining the operator of the hospital from engaging in or continuing the course of conduct the subject of the application pending the determination of the application. (4) An interim injunction has effect until either of the following occurs— (a) the application under subsection (1) is determined; (b) the interim injunction is revoked by a court. (5) If the Magistrates' Court grants an interim injunction, the Magistrates' Court must determine the substantive application as a matter of urgency. (6) In deciding whether to make a declaration or grant an injunction under this section, the Magistrates' Court must not consider the clinical aspects of the matter the subject of the dispute. 43 Civil penalty (1) If the Magistrates' Court makes a declaration under section 42(1)(a) that the operator of a hospital did not comply with a ratio or a ratio variation, the Magistrates' Court may make an order imposing a penalty not exceeding 60 penalty units on the operator. (2) The Magistrates' Court may impose a penalty on the operator only if satisfied that the noncompliance was wilful and serious. (3) A penalty imposed under this section is to be paid into the Consolidated Fund.
(2) Subsection (1) applies despite section 100(2)(a) of the Magistrates' Court Act 1989. (3) If an application is made under subsection (1), the Magistrates' Court may grant an interim injunction in respect of that application restraining the operator of the hospital from engaging in or continuing the course of conduct the subject of the application pending the determination of the application. (4) An interim injunction has effect until either of the following occurs— (a) the application under subsection (1) is determined; (b) the interim injunction is revoked by a court. (5) If the Magistrates' Court grants an interim injunction, the Magistrates' Court must determine the substantive application as a matter of urgency. (6) In deciding whether to make a declaration or grant an injunction under this section, the Magistrates' Court must not consider the clinical aspects of the matter the subject of the dispute. 43 Civil penalty (1) If the Magistrates' Court makes a declaration under section 42(1)(a) that the operator of a hospital did not comply with a ratio or a ratio variation, the Magistrates' Court may make an order imposing a penalty not exceeding 60 penalty units on the operator. (2) The Magistrates' Court may impose a penalty on the operator only if satisfied that the noncompliance was wilful and serious. (3) A penalty imposed under this section is to be paid into the Consolidated Fund.