Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 113

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.