New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 97E

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 Secretary of the Department of Finance, Services and Innovation, if the order requires part only of the penalty to be paid to the applicant, or

(c) the Secretary of the Department of Finance, Services and Innovation 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 Secretary for payment into the Department of Finance, Services and Innovation 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 .