Strata Schemes Management Act 2015 No 50
Division 1 Offences and enforcement
249 Investigations by Secretary
(1) The Secretary may, if the Secretary believes on reasonable grounds that an offence under this Act has been or may be committed, exercise the following powers to investigate the grounds for the belief—(a) enter common property,(b) enter a lot at a reasonable time on notice given to the occupier,(c) if the strata scheme concerned is for part of a building, enter any lot in any part strata parcel that includes part of the building concerned and any other part of the building or its site at a reasonable time on notice given to the occupier of that lot or other part,(d) request an owners corporation to provide information to the Secretary and allow the Secretary to inspect its records under Division 2 of Part 10.(2) When exercising a power under this section, the Secretary may, if the Secretary thinks fit, be accompanied by—(a) a member of the strata committee of the owners corporation, or(b) a member of the building management committee (if any) for the building, or(c) the strata managing agent (if any) for the strata scheme.(3) A person must not obstruct or hinder the Secretary, or a delegate of the Secretary, in the exercise of powers conferred by this section.Maximum penalty—5 penalty units.(4) An owners corporation must not fail to comply with a request under subsection (1) (d).Maximum penalty—5 penalty units.(5) No charge is payable by the Secretary in connection with a request made under subsection (1) (d).Note.The Secretary may delegate his or her functions under this Act (see section 257).
250 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note.The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(6) In this section, means a person employed in the Department authorised in writing by the Secretary as an authorised officer for the purposes of this section.
250A Continuing offences
(1) A person who is guilty of an offence because the person contravenes a requirement made by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time)—(a) continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and(b) is guilty of a continuing offence for each day the contravention continues.(2) This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.(3) This section does not apply to the extent that a requirement of a notice is revoked.
251 Proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court or before the Supreme Court in its summary jurisdiction.(2) The maximum monetary penalty that the Local Court may impose in proceedings for an offence under this Act or the regulations is the maximum penalty specified for that offence or 1,000 penalty units, whichever is the lesser.
252 Proof of reasonable excuse
In any proceedings for an offence against a provision of this Act or the regulations, the onus of proving that a person had a reasonable excuse (as referred to in the provision) lies with the defendant and must be proved on the balance of probabilities.