Queensland Consolidated Acts
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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 183D
Future contravention notice
(1) This section applies to a specified two-lot scheme if an owner of a lot
included in the scheme (the
"complainant" ) reasonably believes that—
(a) a person (the
"person" ) who is the owner or occupier of a lot included in the scheme has
contravened a provision of the by-laws for the scheme; and
circumstances of the contravention make it likely that the contravention will
(2) The complainant may, by notice (a
"future contravention notice" ) given to the person, require the person not to
repeat the contravention.
(3) A complainant who gives a
future contravention notice under subsection (2) must when, or as soon as
practicable after, the notice is given to the person, also—
(a) give a copy
of the notice to the body corporate; and
(b) if the notice is given to a
person who is not the owner of a lot included in the scheme, give a copy of
the notice to the owner of the lot.
(4) If the future contravention notice is
given following a request under section 185 (3) (b) (i) , the complainant
must, within 14 days after receiving the request, advise the person who made
the request that the future contravention notice has been given.
future contravention notice must state—
(a) that the complainant believes
the person has contravened a provision of the by-laws; and
(b) the provision
the complainant believes has been contravened; and
(c) details sufficient to
identify the contravention; and
(d) that the person must not repeat the
(e) that if the person does not comply with the notice the
complainant 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.
future contravention notice has effect for—
(a) 3 months after it is given
to the person; or
(b) a shorter period mentioned in the notice.
person must comply with the future contravention notice.
Maximum penalty—20 penalty units.
(8) However, the person does not commit
an offence under subsection (7) if, when the future contravention notice is
given to the person, the person has not contravened the provision mentioned in
subsection (1) (a) in the way detailed for subsection (5) (c) .
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