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BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 52

Maximum amount of pecuniary penalty

  (1)   Subject to this section, the pecuniary penalty payable by a person under a civil penalty order under Part   4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act, must not exceed the pecuniary penalty specified for the civil penalty provision in this Act.

  (2)   If:

  (a)   the contravention is of a requirement under section   11 in relation to a continuing offer or a continuing invitation; and

  (b)   the contravention is in respect of one or more days that fall after the first day on which the offer or invitation is made;

the pecuniary penalty must not exceed 100 penalty units for each day that falls after the first day.

  (3)   If:

  (a)   the contravention is of a requirement under section   15 in relation to a continuing advertisement; and

  (b)   the contravention is in respect of one or more days that fall after the first day on which advertising began;

the pecuniary penalty must not exceed 100 penalty units for each day that falls after the first day.

  (4)   If:

  (a)   the contravention is of a requirement under section   18 in relation to giving information within a period specified in a notice; and

  (b)   the contravention is in respect of one or more days that fall after the end of that period;

the pecuniary penalty must not exceed 20 penalty units for an individual and 50 penalty units for a body corporate for each day that falls after the end of that period.

  (5)   If:

  (a)   the contravention is of a requirement under section   18 in relation to giving access to a place at a day and time specified in a notice; and

  (b)   the contravention is in respect of one or more days that fall after the day specified;

the pecuniary penalty must not exceed 20 penalty units for an individual and 50 penalty units for a body corporate for each day that falls after the day specified.



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