Saturday, November 28, 2020

Strata Schemes Management Act 2015 No 50

Part 12
Division 4
Section 231

Interim orders | Section 231

(1)  If an applicant for an order by the Tribunal under this Act requests the making of an interim order and the Tribunal is satisfied on reasonable grounds that urgent considerations justify the making of the order, the Tribunal may—

(a)  make an interim order in the form of any order that could otherwise be made by the Tribunal, and

(b)  renew the interim order by giving notice that the order is renewed if a request for its renewal is made not later than 3 months after the order was made.

(2)  The Tribunal may revoke an interim order, or a renewal of an order.

(3)  The Tribunal must give notice that the order has been revoked.

(4)  A person must not in, or in connection with, a request for an interim order or for the renewal of an interim order make a statement that the person knows is false or misleading in a material respect.

Maximum penalty—5 penalty units.

(5)  An interim order may be made or renewed even if—

(a)  since receipt of the application, any procedure under this Act has not been followed or a function of the Tribunal has not been exercised in relation to the application, or

(b)  the time, or extended time, for making written submissions on the application has not expired, or

(c)  a right of appearance or representation has not been exercised.

(6)  An interim order continues in force until—

(a)  the end of the period of 3 months that commenced with the making of the order or any earlier date specified in the order, or

(b)  if application is duly made for its renewal—until the renewal is granted or refused, or

(c)  if it is renewed—the end of the period of 6 months that commenced with the making of the order or any earlier date specified in the order.

(7)  Subsection (6) does not apply if the order is revoked by the Tribunal or the application is determined in accordance with another provision of this Act.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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