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On the well-rehearsed principle there are no StrataKops who will come abseiling down from helicopters to extinguish recalcitrant smokers’ ciggies, you should stick with your by-law.
The difference is, while in both instances a person or the EC has to issue a complaint, in the case of by-law breaches, it’s a lot easier to get things moving.
The process for a by-law breach would be that the committee would meet, issue a Notice To Comply, and then, if there was a repeat offence, drag the person off to NCAT for punishment.
In the case of someone breaking the law, someone could complain, they or the committee would request mediation at Fair Trading, then, if there was a repeat, seek orders at NCAT.
So, on the other strata principle of belt and braces, have both and then you have a choice on which way is better and will get quicker results.
Also, even fewer people read strata laws than read by-laws so I would go with the by-law as well as the incoming strata law.
