16Registrar may apply for enforcement order

16 Registrar may apply for enforcement order

16 Registrar may apply for enforcement order

(1) The Registrar may apply to the Supreme Court for an order under this section (an enforcement order) if the Registrar reasonably believes an ELNO has contravened an enforcement provision.

(2) If the Court is satisfied the ELNO has contravened the enforcement provision, the Court may make an order that the ELNO pay to the State an amount not exceeding the maximum amount.

(3) In addition to the order under subsection (2), the Court may make other orders the Court considers appropriate in the circumstances, including orders directing the ELNO to pay either or both of the following to the State—

(a) the costs of the proceedings,

(b) the reasonable costs of the Registrar in monitoring compliance with the enforcement provision in the future.

(4) The Court must have regard to the following in determining the amount required to be paid under an enforcement order—

(a) the nature and extent of the contravention,

(b) the nature and extent of loss or damage suffered as a result of the contravention, including by third parties,

(c) the circumstances in which the contravention took place,

(d) whether the contravention was intentional or unintentional,

(e) whether the ELNO has previously contravened the enforcement provision to which the order relates,

(f) the amount necessary to deter the ELNO from engaging in the contravening conduct in the future,

(g) the damage the contravention has caused to the security or integrity of the land titles system.

(5) An amount payable under an order made under this section is recoverable by the State as a debt from the ELNO.

(6) In this section—

maximum amount means—

(a) for a contravention of the Electronic Conveyancing National Law (NSW), section 18A—

(i) $10,000,000, and

(ii) for a continuing contravention—a further $250,000 for each day the contravention continues, or