New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 54D

54D Civil penalty for contravention of code of conduct

(1) A court may, on application by the Secretary or a person authorised in writing by the Secretary, order a short-term rental accommodation industry participant to pay a monetary penalty if the court is satisfied that the participant has contravened a provision of a code of conduct that is identified by the code as a civil penalty provision.

(2) A monetary penalty imposed under this section--

(a) is not to exceed the amount prescribed by the regulations, and

(b) may be recovered from the person on whom it is imposed in any court of competent jurisdiction as a debt due to the Crown.

(3) An application under this section may only be made within the period of 2 years of the date on which the contravention is alleged to have occurred.

(4) A short-term rental accommodation industry participant who contravenes a code of conduct is not liable to be both punished for an offence against section 54C and the subject of an order under this section if the contravention is essentially the same act or omission.

(5) A reference in this section to a court is a reference to a court prescribed by the regulations.

(6) The regulations may make further provision for or with respect to applications and orders for the payment of monetary penalties under this section.