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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 113
Penalty for contravention of certain orders
113 Penalty for contravention of certain orders
(1) A person shall not contravene an order made under this part, not being an
order made under section 76 (2) , to do or refrain from doing a specified act.
Penalty— Maximum penalty—8 penalty units and, subject to subsection
(2) , a further penalty not exceeding 2 penalty units for every day during
which the contravention continues.
(2) The maximum amount that may be
recovered in any prosecution for an offence under subsection (1) is the
maximum amount for which a personal action may be commenced from time to time
in a Magistrates Court whether on a balance of account or after an admitted
set off or otherwise.
(3) A person shall not contravene an order under
section 76 (2) to do or refrain from doing a specified act. Penalty—
Maximum penalty—20 penalty units.
(4) Proceedings for an offence under
subsection (1) or (3) of contravening an order may only be taken by the
applicant for the order or body corporate concerned.
(5) In proceedings under
this section— (a) the imposition of a penalty operates as a judgment under
the Magistrates Courts Act 1921 against the defendant and in favour of the
prosecutor for the amount of the penalty; and
(b) an order for a person to
pay an amount of costs operates as a judgment for that amount under that Act
against that person and in favour of the person whose costs are ordered to be
paid.
(6) A penalty imposed under this section or costs referred to in
subsection (5) (b) shall not be enforceable or recoverable except as provided
in subsection (5) .
(7) Any costs awarded against a defendant in proceedings
under this section shall include the amount of the fee paid on filing the
application for the order contravened.
(8) A document purporting to be a copy
of an order made by a referee or a tribunal shall be admissible in evidence
and shall, until the contrary is proved, be deemed to be an order made by the
referee or tribunal, as the case may be.
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