138Civil penalty for breach of by-laws

#### 138 Civil penalty for breach of by-laws 138 Civil penalty for breach of by-laws > > (1) The Tribunal may, on application by an association, order a person to pay a monetary penalty of up to 10 penalty units if the Tribunal is satisfied that— > > > > > (a) the association gave a notice under this Division to the person requiring the person to comply with a by-law, and > > > > > (b) the person has since contravened the by-law. > > > (2) The Tribunal may, on application by an association, order a person to pay a monetary penalty of up to 20 penalty units if the Tribunal is satisfied that the person has contravened a by-law within 12 months after the Tribunal had imposed a monetary penalty on the person for a previous breach of the by-law. > > > (3) Despite subsections (1) and (2), the Tribunal may, in dealing with a contravention of a by-law made under section 129, impose a penalty of up to 50 penalty units under subsection (1) and a monetary penalty of up to 100 penalty units under subsection (2). > > > (4) An application for an order under subsection (1) must be made not later than 12 months after the notice was given. > > > (5) An association is not required to give notice under this Division before applying for an order under subsection (2). > > > (6) A monetary penalty is payable to the association, unless the Tribunal otherwise orders. > > > > Note. > > > > The penalty may be registered as a judgment debt and will be enforceable accordingly (see section 78 of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002)). > > **s 138:** Am 2022 No 59, Sch 1.6\[3\].