› Flat Chat Strata Forum › By-laws and outlaws › The committee as strata-cop › Can’t issue Notice to Comply without tenant details? › Current Page
@puff_ng said:
Thanks for the responses.I actually called NSW Fair Trading after my last post and they told me that breaching s119 is neither a contravention of an order (s202) nor a notice to comply (s203), so an application to penalise the owner under s119 should be made to the local court rather than the CTTT …
The comments from OFT are correct. The matter of pursuing the penalty points for breach of s119 is a local court matter.
225 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court.
If you notice, the Act only empowers adjudicators and the Tribunal to issue pecuniary penalties in very specific matters, such as those under s202 and 203.
That goes a long way to explaining why the areas of the Act that carry penalty points, and there are a few of them, are rarely pursued.
Why would someone pay all the cost to pursue a breach of the Act in the local court – it would need to be a substantial matter to even make it worthwhile.