Penalty Entitlements After a Notice to Comply: Does a Repeated Breach Reset the Clock?

NSW
Rules & Bylaws
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
Lookupstrata community member

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
Leanne Habib headshot
Leanne Habib Premium Strata

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.

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