133Imposition of penalties

### 133 Imposition of penalties > > (1)  A body corporate may apply to the Recorder or the Tribunal for an order that a person bound by the by-laws pay a penalty to the body corporate for breach of a by-law. > > > (2)  A person bound by the by-laws may apply to the Recorder or the Tribunal for an order that the body corporate pay a penalty to the applicant for breach of a by-law. > > > (3)  The Recorder or the Tribunal may make an order for the payment of a penalty on an application under this section if satisfied that – > > > > > > (a) the by-law provides for a penalty for breach; and > > > > > > > (b) the person against whom the order is sought has wilfully and persistently breached the by-law. > > > (4)  The maximum penalty that may be imposed by the Recorder under this section is 20 penalty units and the maximum penalty that may be imposed by the Tribunal is 50 penalty units. > > > (5)  On application under this section, the Recorder or the Tribunal may order the payment of the costs of the application by or against the applicant. > > > (6)  If an application is made to the Recorder under this section, but the Recorder considers that it would be more appropriately dealt with by the Tribunal, the Recorder may refer the application to the Tribunal for hearing and determination. > > > (7)  If an application under this section is made or referred to the Tribunal, the chairperson of the Tribunal may – > > > > > > (a) refer any questions arising out of the application to the Recorder for investigation and report; and > > > > > > > (b) act on the Recorder's report without further inquiry.