Tuesday, May 17, 2022

Strata Schemes Management Act 2015 No 50

Part 13
Division 1
Section 249

Investigations by Secretary | Section 249

(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).


The Secretary may delegate his or her functions under this Act (see section 257).

© 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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