Clause 9

Where a court has heard an action on a claim under section 4 brought before, on or after the appointed date, the court may (in addition to making an order under section 5) make an order specified in subsection (2) (called in this section a compliance order) against the landlord of the place of residence that the respondent resides in (called in this section the specified residence), if the court is satisfied that it is just and equitable to do so and that on a balance of probabilities —

the claimant gave to the landlord notice that the respondent (who is the landlord’s tenant) was causing unreasonable interference by an act or omission specified in the notice;

the notice mentioned in paragraph (a) was in the form prescribed in Rules of Court made under section 32, and gave the landlord not less than the period specified in those Rules to abate the act or omission;

the act or omission specified in the notice mentioned in paragraph (a) falls within the same category of unreasonable interference to which any term of the order made or to be made under section 5 relates; and

the unreasonable interference mentioned in paragraph (a) continued after the end of the period of notice mentioned in paragraph (b) was given. Illustrations (a) Where the notice given to the landlord under subsection (1)(a) relates to excessive noise caused by the respondent in the form of hammering during specified times, the terms of the order made or to be made against the respondent under section 5 may impose restrictions on all forms of excessive noise interference during specified times, and a compliance order may be made against the landlord in respect of that order made or to be made under section 5. (b) Where the notice given to the landlord under subsection (1)(a) relates to excessive noise caused by the respondent, and the claimant subsequently obtains an order against the respondent under section 5 in respect of excessive noise and excessive smoke interference, then a compliance order may be made against the landlord only in respect of the terms of that order that relates to excessive noise. A compliance order may not be made against the landlord in respect of the terms of that order that relates to excessive smoke because prior notice of an act or omission falling within that category was not given to the landlord in accordance with subsection (1)(a).(2) A compliance order may for the purpose of ensuring compliance by the respondent with the terms of the order made under section 5 that relates to the unreasonable interference mentioned in subsection (1)(a) and (c) —

require that a landlord enter into a bond not exceeding $10,000; and

impose any condition on or direction to the landlord that the court thinks fit as part of the bond.(3) Where a court has heard an application for a special direction under section 6, the court may (in addition to making an order under section 6) make a further compliance order specified in subsection (4) (called in this section a further compliance order) against the landlord of the specified residence, if the court is satisfied on a balance of probabilities that —

a reasonable period has elapsed after a compliance order had been made under subsection (1) in addition to an order made under section 5 against the respondent; and

the respondent has without reasonable excuse failed to comply with the terms of the order made under section 5 that relates to the unreasonable interference mentioned in subsection (1)(a) and (c) in relation to the specified residence.(4) A further compliance order may for the purpose of ensuring compliance by the respondent with the terms of the order made under section 5 that relates to the unreasonable interference mentioned in subsection (1)(a) and (c) —

require that a landlord enter into a bond not exceeding $20,000 in addition to any bond mentioned in subsection (2); and

impose any condition on or direction to the landlord that the court thinks fit as part of the bond.(5) A compliance order or further compliance order may not be made without first giving the landlord an opportunity to attend and be heard.(6) Despite subsection (5), a compliance order or further compliance order may be made if the landlord mentioned in subsection (5), having been given an opportunity to attend and be heard, has failed to do so or cannot be found within a reasonable time.(7) A person who fails to comply with an order to enter into a bond under subsection (2)(a) or (4)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(8) The court may forfeit the whole or any part of the amount of any bond entered into under subsection (2)(a) or (4)(a) (as the case may be) where —

the landlord failed to comply with the compliance order or further compliance order; and

the court is satisfied that it is just and equitable in the circumstances of the case for the whole or any part of the amount of the bond to be forfeited.(9) A bond may not be forfeited under subsection (8) without first giving the landlord an opportunity to attend and be heard.(10) Despite subsection (9), a bond may be forfeited under subsection (8) if the landlord mentioned in subsection (9), having been given an opportunity to attend and be heard, has failed to do so or cannot be found within a reasonable time.(11) Where a person is convicted of an offence under subsection (7), the failure to comply with the order to enter into a bond under subsection (2)(a) or (4)(a) (as the case may be) is not punishable as a contempt of court.(12) A person is not to be convicted of an offence under subsection (7) in respect of any non‑compliance that has been punished as a contempt of court.(13) In this section, “appointed date” means the date of commencement of section 9 of the Community Disputes Resolution (Amendment) Act 2024.”.