South Australian Current Acts

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STRATA TITLES ACT 1988 - SECT 50

50—Proceedings for offences

        (1)         An offence against this Act is a summary offence.

        (2)         A prosecution for an offence against this Act cannot be commenced except by—

            (a)         the Commissioner for Consumer Affairs; or

            (b)         an authorised officer under the Fair Trading Act 1987 ; or

            (c)         a person who has the consent of the Minister to commence the prosecution.

        (3)         In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.

        (4)         Where a person fails to comply with an obligation imposed by this Act and is, in consequence of that non-compliance, convicted of an offence against this Act, the court may order the convicted person to comply with the obligation within a time fixed by the court.

        (5)         If the convicted person fails to comply with an order under subsection (4), that person is guilty of a further offence.

Penalty: Division 7 fine.



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