Body Corporate and Community Management Act 1997
sec.288Failure to comply with adjudicator’s order
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sec.288 Failure to comply with adjudicator’s order
A person who contravenes an order under this chapter (other than an order for the payment of an amount) commits an offence. Maximum penalty—400 penalty units. A proceeding for an offence under subsection (1) (other than a proceeding taken by the Attorney-General) may only be taken by— an applicant for the application for the original order; or a respondent to the application for the original order; or a person in whose favour the order mentioned in subsection (1) is made; or the body corporate; or an administrator appointed under this chapter who is authorised to perform obligations of the body corporate or its committee. Costs awarded against a defendant in a proceeding under this section may include the amount of the fee paid to the commissioner on making the application for the original order. In subsection (3) — application for the original order means the application for the order of an adjudicator for the purposes of which the order mentioned in subsection (1) is made. s 288 amd 2003 No. 6 s 99 ; 2007 No. 11 s 54 (sec.288-ssec.1) A person who contravenes an order under this chapter (other than an order for the payment of an amount) commits an offence. Maximum penalty—400 penalty units. (sec.288-ssec.2) A proceeding for an offence under subsection (1) (other than a proceeding taken by the Attorney-General) may only be taken by— an applicant for the application for the original order; or a respondent to the application for the original order; or a person in whose favour the order mentioned in subsection (1) is made; or the body corporate; or an administrator appointed under this chapter who is authorised to perform obligations of the body corporate or its committee. (sec.288-ssec.3) Costs awarded against a defendant in a proceeding under this section may include the amount of the fee paid to the commissioner on making the application for the original order. (sec.288-ssec.4) In subsection (3) — application for the original order means the application for the order of an adjudicator for the purposes of which the order mentioned in subsection (1) is made.
- (a) an applicant for the application for the original order; or
- (b) a respondent to the application for the original order; or
- (c) a person in whose favour the order mentioned in subsection (1) is made; or
- (d) the body corporate; or
- (e) an administrator appointed under this chapter who is authorised to perform obligations of the body corporate or its committee.