Strata Schemes Management Act 1996 No 138
Historical version for 6 July 2009 to 16 July 2009 (accessed 27 November 2014 at 22:43) Current version
Chapter 5Part 6Section 205

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, or
(c)  the Director-General only, if the order so requires.
(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.
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