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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 182
Continuing contravention notice
(1) This section applies if the body corporate for a community titles scheme
reasonably believes that— (a) a person (the
"person" ) who is the owner or occupier of a lot included in the scheme is
contravening a provision of the by-laws for the scheme; and
(b) the
circumstances of the contravention make it likely that the contravention will
continue.
(2) The body corporate may, by notice (a
"continuing contravention notice" ) given to the person, require the person to
remedy the contravention.
(3) If the continuing contravention notice is given
following a request under section 185 (2) , the body corporate must, within 14
days after receiving the request, advise the person who made the request that
the continuing contravention notice has been given.
(4) The
continuing contravention notice must state— (a) that the body corporate
believes the person is contravening a provision of the by-laws; and
(b) the
provision the body corporate believes is being contravened; and
(c) details
sufficient to identify the contravention; and
(d) the period (which must be
reasonable in the circumstances) within which the person must remedy the
contravention; and
(e) that if the person does not comply with the notice the
body corporate may, without further notice— (i) start proceedings in the
Magistrates Court for the failure to comply with the notice; or
(ii) make an
application under chapter 6 for resolution of the dispute.
(5) The person
must comply with the continuing contravention notice. Penalty— Maximum
penalty—20 penalty units.
(6) However, the person does not commit an
offence under subsection (5) if, when the continuing contravention notice is
given to the person, the person is not contravening the provision mentioned in
subsection (1) (a) in the way detailed for subsection (4) (c) .
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