This article discusses whether a repeated breach after compliance restarts enforcement or whether a single contravention within the notice to comply penalty timeframe is sufficient to trigger penalty entitlement under the legislation.
Question: When seeking a penalty during the 12-month time frame after the notice to comply was issued, what happens if the breach stops and then continues again? Does the process start from scratch?
Answer: A single contravention within that timeframe would trigger the entitlement for a penalty.
The legislation states that the Tribunal needs to be satisfied that the person has “contravened” within 12 months after the Tribunal imposed a monetary penalty. Therefore, from an ordinary reading of the section, a single contravention within that timeframe would trigger the entitlement for a penalty.
This post appears in Strata News #631.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440