Strata Schemes Management Act 1996 No 138
205 Payment of penalties or costs
(1) If the Tribunal makes an order under this Part requiring a person
to pay a pecuniary penalty, the Tribunal may specify in the order that the
penalty or a part of the penalty must be paid to the applicant for the order
as damages for work carried out by the person in relation to the matter the
subject of the proceedings.
(2) The imposition of the pecuniary penalty operates as a judgment
under the Civil Procedure Act
2005 for the amount of the pecuniary penalty against the
person required to pay it in favour of:
(a) the applicant for the order, or
(b) the applicant for the order and the Director-General, if the order
requires part only of the penalty to be paid to the applicant,
(c) the Director-General only, if the order so
(3) Any pecuniary penalty or part of a pecuniary penalty recovered
under this Part that the Tribunal has not ordered to be paid to an applicant
for an order is to be paid to the Director-General for payment into the
Department of Fair Trading Operating Account or an account prescribed by the
regulations for the purposes of this subsection.
(4) The making of an order as to costs operates as a judgment under
the Civil Procedure Act
2005 for the amount of the costs against the person required
to pay it in favour of the applicant for the order.