Community Land Management Act 1989 No 202
Current version for 4 July 2014 to date (accessed 23 November 2014 at 19:37)
Part 4Division 6A

Division 6A Enforcement of orders of Adjudicators and Tribunal and certain notices

97B   Civil penalties for contravention of orders under this Part

(1)  The Tribunal may, by order, require a person to pay a pecuniary penalty of an amount of up to 50 penalty units for contravention of an order under this Part (the original order).
(2)  An application for an order under subsection (1) may be made by:
(a)  the applicant for the original order, or
(b)  an association or strata corporation involved in the order, or
(c)  in the case of an order that gives effect to any agreement or arrangement arising out of a mediation session—either party to the mediation.

97C   Civil penalties for contravention of notice of association

(1)  The Tribunal may, on application by an association, by order require a person to pay a pecuniary penalty of an amount of up to 5 penalty units if the Tribunal is satisfied that:
(a)  the association served a notice under section 13A on the person requiring the person to comply with a particular by-law, and
(b)  the person has since contravened the by-law.
(2)  An application for an order under this section must be made by the association within 12 months after the notice under section 13A was served.

97D   Order as to costs

(1)  The Tribunal may also make an order for the payment of costs when making an order requiring the payment of a pecuniary penalty under this Division.
(2)  Any costs awarded against a person on an application for an order under section 97B include the amount of the fee paid when the application for the original order was made.
(3)  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.

97E   Payment of civil penalties

(1)  If the Tribunal makes an order under this Division 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 and in favour of:
(a)  the applicant for the order, or
(b)  the applicant for the order and the Director-General of the Department of Fair Trading, if the order requires part only of the penalty to be paid to the applicant, or
(c)  the Director-General of the Department of Fair Trading 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)  This section applies despite anything to the contrary in section 78 (Recovery of amounts ordered to be paid) of the Civil and Administrative Tribunal Act 2013.
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