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Page:Community Disputes Resolution Act 2015.pdf/11

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12
NO. 7 OF 2015


(ii) any individual who, at the time of the making of the order, resides in the same place of residence as the contravening party; and
(iii) any other person who can reasonably be expected to be affected by the order;
(b) any other matters as the court deems fit.

(5) In this section, “second court”, in relation to an application for an exclusion order, means the court which heard at first instance the application under section 6(1) for a special direction, or its equivalent.

Breach of exclusion order an offence

10.—(1) A contravening party who, without reasonable excuse, fails to comply with an exclusion order shall be guilty of an offence and shall be liable on conviction—

(a) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of the day during which the offence continues after conviction, but not exceeding $10,000 in total.

(2) Where a person is convicted of an offence under subsection (1) for failure to comply with an exclusion order, the failure to comply with the exclusion order is not punishable as a contempt of court.

(3) A person shall not be convicted of an offence under subsection (1) in respect of any non‑compliance which has been punished as a contempt of court.

Termination of tenancy, etc.

11.—(1) Where a person who is ordered to enter into a bond under section 6(3) is a landlord of the place of residence a contravening party resides in (called in this section the specified residence), the landlord is entitled to terminate, in accordance with subsection (2), any tenancy relating to that specified residence to which the landlord is party.