Body Corporate and Community Management and Other Legislation Amendment Act 2003 (Qld)

Body Corporate and Community Management and Other Legislation Amendment Act 2003

Queensland BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2003 Act No. 6 of 2003

Queensland BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 2—AMENDMENT OF BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Amendment of s 15 (Meaning of “body corporate manager”) . . . . . . . . . . . 16 5 Amendment of s 23 (Names of community titles schemes) . . . . . . . . . . . . . 17 6 Replacement of ss 24 and 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 24 Reservation of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 30A Notice about change of scheme being developed progressively . . . . 17 8 Omission of ch 2, pt 3 (Scheme land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9 Replacement of s 42 (Body corporate cannot own lot included in its own scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2—Body corporate acquisition of, and dealing with, lot included in its own scheme 42 Acquisition for letting agent purposes . . . . . . . . . . . . . . . . . . . . . . . . 18 42A Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 42B Prohibition on beneﬁts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 42C Effect of ending of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 42D Body corporate interest in lot included in its own scheme . . . . . . . . 20 10 Amendment of s 44 (Lot entitlements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

2 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 11 Amendment of s 46 (Court adjustment of lot entitlement schedule) . . . . . . 21 12 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 46A Criteria for deciding just and equitable circumstances . . . . . . . . . . . 22 13 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 47A Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 14 Replacement of s 48 (Registrar may record community management statements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 48 Recording of community management statement . . . . . . . . . . . . . . . 24 15 Amendment of s 50 (Subsequent community management statement) . . . . 24 16 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 50A Requirements for motion to change community management statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 17 Amendment of s 51 (New statements and subsequent plans of subdivision) 25 18 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 51A Other matters about new statements for schemes developed progressively ...................................... 25 19 Amendment of s 54 (Local government community management statement notation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 20 Insertion of new s 54A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 54A Giving copy of community management statement to local government ...................................... 30 21 Amendment of s 55 (Body corporate to consent to recording of new statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 22 Insertion of new ss 55A and 55B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 55A Responsibility for preparing, and for costs of preparing, new statement ......................................... 32 55B New community management statement must be consistent with body corporate’s consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 23 Replacement of s 56 (Three months limit for lodging request for recording new statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 56 Time for lodging request to record new statement . . . . . . . . . . . . . . 33 24 Amendment of s 57 (Requirements for community management statement) 33 25 Omission of s 58 (When registrar records community management statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 26 Replacement of ss 59–65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

3 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 59 Application of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 27 Insertion of new s 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 67A Services location diagrams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 28 Amendment of s 69 (Reinstatement process under court approval) . . . . . . . 36 29 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 69A Variation and substitution of court orders . . . . . . . . . . . . . . . . . . . . . 37 30 Replacement of s 71 (Registration for changes to scheme under approved reinstatement process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 71 Registration for changes to scheme under approved reinstatement process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 31 Replacement of ss 76 and 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 76 Effecting termination of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 77 Effect of termination on accrued charge, levy, rate or tax . . . . . . . . . 38 32 Replacement of ss 83 and 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 83 Effecting amalgamation of community titles schemes . . . . . . . . . . . 39 33 Insertion of new ch 2, pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 12—CREATION OF A LAYERED ARRANGEMENT FROM EXISTING BASIC SCHEMES Division 1—Introduction 86A General principles of creation of layered arrangement from basic schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 86B Schemes that may become a layered arrangement . . . . . . . . . . . . . . 39 86C Agreement or court order for creation of layered arrangement . . . . . 40 86D Effecting creation of layered arrangement. . . . . . . . . . . . . . . . . . . . . 40 86E Effect of creation of layered arrangement . . . . . . . . . . . . . . . . . . . . . 41 34 Amendment of s 87 (Body corporate’s general functions) . . . . . . . . . . . . . . 41 35 Insertion of new s 89A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 89A No delegation of body corporate’s powers . . . . . . . . . . . . . . . . . . . . 42 36 Amendment of s 98 (Counting of votes for special resolution) . . . . . . . . . . 42 37 Insertion of new s 98A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 98A Counting of votes for majority resolution . . . . . . . . . . . . . . . . . . . . . 42 38 Insertion of new s 101B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 101B Original owner’s obligations about engagements and authorisations 43

4 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 39 Amendment of s 102 (No consideration for engagement or authorisation) . 44 40 Amendment of s 103 (Limitation on beneﬁt to body corporate under service contractor engagement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 41 Amendment of s 104 (Limitation on beneﬁt to body corporate under letting agent authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 42 Insertion of new s 104A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 104A Letting agent’s obligations for letting agent lot . . . . . . . . . . . . . . . . . 45 43 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 105A Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 44 Replacement of ch 3, pt 2, div 2 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 47 Division 2—Performance of powers of body corporate committee and executive members by body corporate manager 106 Schemes for which there is a committee for the body corporate. . . . 47 106A Schemes for which there is no committee for the body corporate. . . 47 106B Power of body corporate manager to act for body corporate. . . . . . . 48 45 Amendment of s 107 (Regulation module) . . . . . . . . . . . . . . . . . . . . . . . . . . 48 46 Insertion of new ss 109A and 109B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 109A Requirement for ﬁnancier’s address for service . . . . . . . . . . . . . . . . 48 109B Notice of changes affecting ﬁnanced contract . . . . . . . . . . . . . . . . . . 48 47 Replacement of s 110 (Limitation on termination of ﬁnanced contract) . . . 49 110 Limitation on termination of ﬁnanced contract . . . . . . . . . . . . . . . . . 49 110A Agreements between body corporate and ﬁnancier prohibited . . . . . 50 48 Amendment of s 112 (Review of remuneration under engagement of service contractor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 49 Insertion of new ch 3, pt 2, divs 7 and 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 7—Review of terms of service contracts 112A Review of terms of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . 51 112B Purpose of review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 112C Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 112D Disputes arising out of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 112E Review criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 112F Other provisions about review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 8—Required transfer of letting agent’s management rights

5 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 Subdivision 1—Preliminary 112G Application of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 112H Effect of div 8 on other provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Subdivision 2—Transfer of management rights 112I Grounds for requiring transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 112J Code contravention notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 112K Requirement for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 112L Transfer—letting agent’s choice of transferee . . . . . . . . . . . . . . . . . . 57 112M Giving ﬁnancier copy of transfer notice . . . . . . . . . . . . . . . . . . . . . . 58 112N Transfer—body corporate’s choice of transferee. . . . . . . . . . . . . . . . 58 112O Terms of service contract on transfer. . . . . . . . . . . . . . . . . . . . . . . . . 59 Subdivision 3—Termination and replacement of letting agent authorisation and service contract 112P Termination of letting agent authorisation if management rights not transferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 112Q Termination and replacement of letting agent authorisation and service contract in particular circumstances . . . . . . . . . . . . . . . . . . . 60 Subdivision 4—Reviewing terms of letting agent’s service contract 112R Reviewing terms of service contract . . . . . . . . . . . . . . . . . . . . . . . . . 61 112S Review criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 112T Giving copy of review advice to letting agent and prospective buyer of management rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 50 Amendment of s 113 (Financial management arrangements). . . . . . . . . . . . 62 51 Insertion of new s 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 113A Body corporate’s ﬁnancial institution accounts . . . . . . . . . . . . . . . . . 63 52 Amendment of s 124 (Body corporate’s power to remedy defective building work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 53 Amendment of s 134 (Requirements for exclusive use by-law) . . . . . . . . . . 64 54 Replacement of s 137 (Making and notifying allocations) . . . . . . . . . . . . . . 64 137 Making allocations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 137A Notifying allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 55 Amendment of s 138 (Making and notifying further allocations). . . . . . . . . 66 56 Amendment of s 140 (Review of exclusive use by-law) . . . . . . . . . . . . . . . . 67 57 Amendment of s 142 (Limitations for by-laws) . . . . . . . . . . . . . . . . . . . . . . 67

6 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 58 Amendment of s 144 (Continuing contravention notice) . . . . . . . . . . . . . . . 68 59 Amendment of s 145 (Future contravention notice) . . . . . . . . . . . . . . . . . . . 69 60 Insertion of new ss 145A–145D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 145A Preliminary procedure for application by body corporate for resolution of dispute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 145B Preliminary procedure for application by owner and occupier for resolution of dispute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 145C Dispensing with preliminary procedures . . . . . . . . . . . . . . . . . . . . . . 71 145D Copy of contravention notice to be given to owner . . . . . . . . . . . . . . 72 61 Amendment of s 149 (Responsibility of original owner) . . . . . . . . . . . . . . . 72 62 Amendment of s 154 (Utility services not separately charged for). . . . . . . . 73 63 Insertion of new s 154A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 154A Registering charge on land under this Act . . . . . . . . . . . . . . . . . . . . . 75 64 Amendment of s 162 (Information to be given to interested persons) . . . . . 75 65 Amendment of s 163 (Statement to be given by seller to buyer) . . . . . . . . . 76 66 Amendment of s 166 (Cancelling contract for inaccuracy of statement) . . . 76 67 Amendment of s 170 (Statement to be given by seller to buyer) . . . . . . . . . 77 68 Amendment of s 174 (Cancelling contract for inaccuracy of statement) . . . 77 69 Amendment of s 180 (Implied warranties) . . . . . . . . . . . . . . . . . . . . . . . . . . 78 70 Amendment of s 181 (Cancellation for breach of warranty). . . . . . . . . . . . . 79 71 Insertion of new ch 5, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 PART 4—COSTS NOT RECOVERABLE BY ORIGINAL OWNER ON THE SALE OF A LOT 181A Costs incurred in entering contracts of engagement or authorisation 79 72 Amendment of s 182 (Deﬁnitions for ch 6) . . . . . . . . . . . . . . . . . . . . . . . . . 80 73 Insertion of new s 182A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 182A Meaning of “dispute”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 74 Amendment of s 184 (Exclusivity of dispute resolution provisions) . . . . . . 81 75 Amendment of s 187 (Responsibilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 76 Insertion of new s 187A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 187A Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 77 Replacement of s 189 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 189 Delegation by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

7 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 78 Replacement of ch 6, pt 3 (Adjudicators) . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 PART 3—DISPUTE RESOLUTION OFFICERS 190 Appointment of dispute resolution ofﬁcers . . . . . . . . . . . . . . . . . . . . 83 191 Protection of dispute resolution ofﬁcers . . . . . . . . . . . . . . . . . . . . . . 84 79 Replacement of s 192 (How to make application for order) . . . . . . . . . . . . . 84 192 Who may make an application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 192A How to make an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 192B Further information or material for applications . . . . . . . . . . . . . . . . 86 192C Rejecting applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 80 Replacement of s 194 (Notice of application to be given) . . . . . . . . . . . . . . 87 194 Notice to affected persons and body corporate . . . . . . . . . . . . . . . . . 87 81 Insertion of new s 194A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 194A Notice to applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 82 Replacement of s 196 (Inspection of applications and submissions) . . . . . . 88 196 Inspection of applications and submissions. . . . . . . . . . . . . . . . . . . . 89 83 Replacement of ss 198–200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 198 Dispute resolution recommendation . . . . . . . . . . . . . . . . . . . . . . . . . 89 199 Restriction on who may conduct further dispute resolution process . 90 84 Amendment of s 201 (Dismissing application). . . . . . . . . . . . . . . . . . . . . . . 90 85 Amendment of s 202 (Preparation for making a case management recommendation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 86 Replacement of s 203 (Making a case management recommendation) . . . . 92 203 Making a dispute resolution recommendation for specialist mediation, conciliation or adjudication . . . . . . . . . . . . . . . . . . . . . . . 92 87 Replacement of ch 6, pts 7 and 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 PART 7—SPECIALIST MEDIATION AND CONCILIATION 214 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 215 Conditions for recommending specialist mediation or conciliation . 93 216 Referral to dispute resolution ofﬁcer . . . . . . . . . . . . . . . . . . . . . . . . . 93 216A Conduct of specialist mediation and conciliation sessions . . . . . . . . 94 216B Specialist mediation or conciliation is voluntary. . . . . . . . . . . . . . . . 94 216C Representation by agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

8 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 216D Referral back to the commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 95 PART 8—SPECIALIST ADJUDICATION 216E Purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 216F Specialist adjudication by agreement . . . . . . . . . . . . . . . . . . . . . . . . 96 216G Specialist adjudication of particular disputes . . . . . . . . . . . . . . . . . . 96 88 Replacement of s 217 (Purpose of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 217 Purpose of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 89 Amendment of s 218 (Referral to adjudicator for specialist or department adjudication). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 90 Amendment of s 220 (Investigation by adjudicator) . . . . . . . . . . . . . . . . . . . 98 91 Insertion of new s 220A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 220A Dismissal of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 92 Amendment of s 221 (Investigative powers of adjudicator) . . . . . . . . . . . . . 99 93 Amendment of s 223 (Orders of adjudicators) . . . . . . . . . . . . . . . . . . . . . . . 100 94 Insertion of new s 223A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 223A Order may be made if party fails to attend to be interviewed . . . . . . 101 95 Amendment of s 225 (Interim orders in context of adjudication) . . . . . . . . . 101 96 Replacement of s 226 (Costs of adjudication). . . . . . . . . . . . . . . . . . . . . . . . 102 226 Costs of specialist adjudication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 97 Amendment of s 227 (Order to repair damage or pay compensation) . . . . . 103 98 Amendment of s 232 (Notice of order to be given). . . . . . . . . . . . . . . . . . . . 103 99 Amendment of s 235 (Failure to comply with adjudicator’s order) . . . . . . . 104 100 Amendment of s 237 (Right to appeal to District Court) . . . . . . . . . . . . . . . 104 101 Amendment of s 244 (Privilege) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 102 Amendment of s 245 (False or misleading information) . . . . . . . . . . . . . . . 105 103 Amendment of s 246 (False or misleading documents) . . . . . . . . . . . . . . . . 106 104 Amendment of s 247 (Commissioner must give certain information on application). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 105 Insertion of new s 247A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 247A Appointment of administrator for enforceable money orders . . . . . . 107 106 Replacement of s 250 (Deﬁnitions for pt 1) . . . . . . . . . . . . . . . . . . . . . . . . . 108 250 Deﬁnitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

9 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 107 Amendment of s 256 (Associates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 108 Amendment of s 263 (Powers of entry by local government or other authorised entity). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 109 Insertion of new s 263A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 263A Restriction on irrevocable powers of attorney . . . . . . . . . . . . . . . . . . 110 110 Amendment of s 264 (Prevention of contracting out) . . . . . . . . . . . . . . . . . . 110 111 Insertion of new s 269A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 269A Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 111 112 Amendment of s 290 (Body corporate contracts) . . . . . . . . . . . . . . . . . . . . . 111 113 Insertion of new ch 8, pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 PART 3—TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2003 295 Adjusting contribution schedule lot entitlement . . . . . . . . . . . . . . . . 111 296 Community management statements for particular schemes . . . . . . 112 297 Particular community management statements to be given to local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 298 Existing easements for lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 299 Existing powers of body corporate managers . . . . . . . . . . . . . . . . . . 114 300 Existing applications for an order of an adjudicator . . . . . . . . . . . . . 114 PART 4—VALIDATION 301 Declaration about dispensation given by commissioner . . . . . . . . . . 115 114 Insertion of new schs 1A and 1B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 SCHEDULE 1A CODE OF CONDUCT FOR BODY CORPORATE MANAGERS AND CARETAKING SERVICE CONTRACTORS SCHEDULE 1B CODE OF CONDUCT FOR LETTING AGENTS 115 Amendment of sch 2 (By-laws). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 116 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 SCHEDULE 3 ADJUDICATOR’S ORDERS 117 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

10 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 PART 3—AMENDMENT OF ACQUISITION OF LAND ACT 1967 118 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 119 Amendment of s 12 (Effect of gazette resumption notice) . . . . . . . . . . . . . . 132 120 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 12A Constructing authority must lodge new plan of survey for particular land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 121 Amendment of s 14 (Dealing with title to land affected by resumption) . . . 133 PART 4—AMENDMENT OF INTEGRATED PLANNING ACT 1997 122 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 123 Amendment of s 1.3.5 (Deﬁnitions for terms used in “development”). . . . . 133 124 Amendment of s 3.7.8 (When pt 7 does not apply). . . . . . . . . . . . . . . . . . . . 133 125 Amendment of sch 8 (Assessable, self-assessable and exempt development) 134 PART 5—AMENDMENT OF INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001 126 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 127 Amendment of s 8 (Replacement of s 1.3.5 (Deﬁnitions for terms used in “development”)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 128 Amendment of s 27 (Replacement of ch 3 (Integrated development assessment system (IDAS))) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 129 Amendment of s 84 (Replacement of sch 8 (Assessable, self-assessable and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 PART 6—AMENDMENT OF INTEGRATED RESORT DEVELOPMENT ACT 1987 130 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 131 Insertion of new s 179A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 132 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 PART 11—VALIDATION PART 7—AMENDMENT OF LAND ACT 1994 133 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 134 Amendment of s 289 (Consent to be written on document etc.). . . . . . . . . . 137 135 Insertion of new s 290AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 290AA Offence not to use appropriate form. . . . . . . . . . . . . . . . . . . . . . . . . 138 136 Omission of s 293 (Chief executive may authorise printing and sale of forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

11 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 137 Amendment of s 296 (Tenure document to be returned to land registry) . . . 138 138 Insertion of new s 305A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 305A Electronic communication of statutory declaration or afﬁdavit. . . . . 138 139 Amendment of s 315 (Destroying document in certain circumstances) . . . . 139 140 Amendment of s 373A (Covenant by registration) . . . . . . . . . . . . . . . . . . . . 140 141 Amendment of sch 6 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 PART 8—AMENDMENT OF LAND TITLE ACT 1994 142 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 143 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 4A References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 144 Amendment of s 12 (Consent to be written on instrument etc.) . . . . . . . . . . 141 145 Replacement of s 14 (Registrar may authorise printing and sale of forms) . 142 14 Offence not to use appropriate form . . . . . . . . . . . . . . . . . . . . . . . . . 142 146 Insertion of new s 41BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 41BA Ownership of common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 147 Insertion of new s 49DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 49DA Creation of common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 148 Amendment of s 49E (Division of lot on standard format plan of subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 149 Amendment of s 50 (Requirements for registration of plan of subdivision). 143 150 Amendment of s 54B (Circumstances under which building management statement may be registered) . . . . . . . . . . . . . . . . . . . . . . . . . . 144 151 Amendment of s 97A (Covenant by registration) . . . . . . . . . . . . . . . . . . . . . 144 152 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 PART 6A—COMMUNITY TITLES SCHEMES Division 1—Preliminary 115A Basic concept for pt 6A—community titles scheme . . . . . . . . . . . . . 145 115B Meaning of “community titles scheme” . . . . . . . . . . . . . . . . . . . . . . 145 115C Meaning of “layered arrangement of community titles schemes”. . . 146 115D Provisions about lots that are community titles schemes. . . . . . . . . . 147 Division 2—Names of community titles schemes 115E Names of community titles schemes . . . . . . . . . . . . . . . . . . . . . . . . . 147

12 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 115F Reservation of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 115G Period of reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Division 3—Scheme land 115H Single area for scheme land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 115I Enlarging the number of lots through progressive subdivision . . . . . 150 Division 4—Community management statements 115J Lodging request to record a new statement . . . . . . . . . . . . . . . . . . . . 150 115K Recording community management statements . . . . . . . . . . . . . . . . 151 115L When registrar records community management statement . . . . . . . 151 Division 5—Statutory easements 115M Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 115N Easements for support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 115O Easements in favour of lots for utility services and utility infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 115P Easements for utility services and utility infrastructure . . . . . . . . . . 154 115Q Easements for shelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 115R Easements for projections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 115S Easement for maintenance of building close to boundary . . . . . . . . . 154 Division 6—Changes to community titles schemes under reinstatement process 115T Registration for changes to scheme under approved reinstatement process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Division 7—Terminating community titles schemes 115U Instruments required for terminating scheme . . . . . . . . . . . . . . . . . . 156 115V Recording termination of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Division 8—Amalgamating community titles schemes 115W Request to record amalgamation of schemes. . . . . . . . . . . . . . . . . . . 157 115X Recording amalgamation of schemes . . . . . . . . . . . . . . . . . . . . . . . . 158 Division 9—Creating a layered arrangement of community titles schemes from basic schemes 115Y Request to record creation of layered arrangement . . . . . . . . . . . . . . 158 115Z Recording creation of layered arrangement. . . . . . . . . . . . . . . . . . . . 159 153 Amendment of s 154 (Lodging certiﬁcate of title) . . . . . . . . . . . . . . . . . . . . 160

13 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 154 Insertion of new s 156A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 156A Electronic communication of statutory declaration or afﬁdavit. . . . . 160 155 Amendment of s 166 (Destroying instrument in certain circumstances) . . . 161 156 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 PART 9—AMENDMENT OF MIXED USE DEVELOPMENT ACT 1993 157 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 158 Insertion of new s 214A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 159 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 PART 13—VALIDATION PART 10—AMENDMENT OF SANCTUARY COVE RESORT ACT 1985 164 160 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 161 Insertion of new s 104A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 162 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 PART 9—VALIDATION SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 165 MINOR AND CONSEQUENTIAL AMENDMENTS OF BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Queensland Body Corporate and Community Management and Other Legislation Amendment Act 2003 Act No. 6 of 2003 An Act to amend the Body Corporate and Community Management Act1997 , and certain other Acts [Assented to 4 March 2003]

s 1 16 s 4 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Body Corporate and Community Management and Other Legislation Amendment Act 2003 . 2 Commencement The following provisions commence on a day to be ﬁxed by proclamation— • section 44 to the extent it inserts new sections 106A and 106B • section 49 to the extent it inserts new chapter 3, part 2, division 8 • section 52. PART 2—AMENDMENT OF BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 3 Act amended in pt 2 and schedule This part and the schedule amend the Body Corporate and CommunityManagement Act 1997 . 4 Amendment of s 15 (Meaning of “body corporate manager”) Section 15, from ‘supply’— omit, insert — ‘supply administrative services to the body corporate, whether or not the person is also engaged to carry out the functions of a committee, and the executive members of a committee, for a body corporate.’.

s 5 17 s 7 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 5 Amendment of s 23 (Names of community titles schemes) (1) Section 23(1)(c), from ‘by’— omit, insert — ‘under the Land Title Act, section 115E(2). 1 ’. (2) Section 23(2)— omit . 6 Replacement of ss 24 and 25 Sections 24 and 25— omit, insert — ‘24 Reservation of name ‘A name may be reserved under the Land Title Act, section 115F, 2 as the identifying name to be shown in the community management statement for a proposed community titles scheme.’. 7 Insertion of new s 30A Chapter 2, part 1— insert — ‘30A Notice about change of scheme being developed progressively ‘ (1) This section applies if— (a) a community titles scheme is intended to be developed progressively; and (b) the developer intends to change the scheme in a way that, if carried out— (i) would affect the nature of the development or 1 or more stages of the development; and (ii) would not be consistent with the current development approval for the scheme. 1 Land Title Act, section 115E (Names of community titles schemes) 2 Land Title Act, section 115F (Reservation of name)

s 8 18 s 9 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘ (2) The developer must give written notice of the change as required under this section to— (a) the body corporate; and (b) each person who has entered into a contract with the developer to buy a proposed lot in the scheme. Maximum penalty for subsection (2)—300 penalty units. ‘ (3) The notice must be given at least 30 days before the developer applies for development approval for the changed scheme under the Planning Act.’. 8 Omission of ch 2, pt 3 (Scheme land) Chapter 2, part 3— omit . 9 Replacement of s 42 (Body corporate cannot own lot included in its own scheme) Section 42— omit, insert — ‘Division 2—Body corporate acquisition of, and dealing with, lot included in its own scheme ‘42 Acquisition for letting agent purposes ‘ (1) This section applies to the body corporate for a community titles scheme if the original owner control period for the scheme has ended. ‘ (2) The body corporate may acquire a lot included in the scheme if— (a) the lot is to become common property for use solely for— (i) a residence for a letting agent or service contractor (each a “body corporate lessee” ) for the scheme; or (ii) a residence for the letting agent and an ofﬁce for conducting the letting agent business; and (b) the body corporate, by resolution without dissent, authorises the acquisition for the use.

s 9 19 s 9 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘42A Lease ‘If the body corporate acquires a lot under section 42, the body corporate must— (a) incorporate the lot with common property for the scheme; and (b) lease the part of the common property that is the incorporated lot (the “lessee common property” ) to the body corporate lessee for a period not longer than the term of the person’s authorisation as letting agent or engagement as a service contractor. ‘42B Prohibition on beneﬁts ‘ (1) The body corporate must not receive, whether directly or indirectly, an amount or benefit by way of a premium for the lease. ‘ (2) If an amount or benefit is given to or accepted by the body corporate in contravention of subsection (1), the person who paid the amount or conferred the benefit may recover from the body corporate the amount, or the value of the benefit, as a debt. ‘ (3) Subsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred by the body corporate under the lease. ‘42C Effect of ending of authorisation ‘ (1) If the body corporate lessee’s authorisation as a letting agent or engagement as service contractor ends, whether by termination or otherwise— (a) the lease ends immediately; and (b) if the lessee common property is no longer to be used for a purpose mentioned in section 42(2)(a), the body corporate must convert the lessee common property to a lot in the scheme. ‘ (2) In incorporating a lot with common property under section 42A(a), or in converting lessee common property to a lot under subsection (1)(b), the body corporate must ensure any necessary titling and subdivisional arrangements are carried out under the Land Title Act.

s 10 20 s 10 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘42D Body corporate interest in lot included in its own scheme ‘The body corporate for a community titles scheme may have an interest in a lot included in the scheme if the interest is— (a) a registered easement for 1 or more basic utility services for the scheme; or (b) an interest acquired in a lot for section 39 or 42.’. 10 Amendment of s 44 (Lot entitlements) Section 44(6) and (7)— omit, insert — ‘ (6) A lot entitlement must be a whole number, but must not be 0. ‘ (7) For the contribution schedule for a scheme for which development approval is given after the commencement of this subsection, the respective lot entitlements must be equal, except to the extent to which it is just and equitable in the circumstances for them not to be equal. Examples for subsection (7) of circumstances in which it may be just and equitable for lot entitlements not to be equal — 1. A layered arrangement of community titles schemes, the lots of which have different uses (including, for example, car parking, commercial, hotel and residential uses) and different requirements for public access, maintenance or insurance. 2. A commercial community titles scheme in which the owner of 1 lot uses a larger volume of water or conducts a more dangerous or a higher risk industry than the owners of the other lots. ‘ (8) In deciding the contribution schedule lot entitlements and interest schedule lot entitlements for a scheme mentioned in subsection (7), regard must be had to— (a) how the scheme is structured; and (b) the nature, features and characteristics of the lots included in the scheme; and (c) the purposes for which the lots are used. ‘ (9) A change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.’.

s 11 21 s 11 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 11 Amendment of s 46 (Court adjustment of lot entitlement schedule) (1) Section 46, heading, ‘ Court adjustment ’— omit, insert — ‘ Adjustment ’. (2) Section 46(1) to (3)— omit, insert — ‘ (1) The owner of a lot in a community titles scheme may apply— (a) to the District Court for an order for the adjustment of a lot entitlement schedule; or (b) under chapter 6, for an order of a specialist adjudicator for the adjustment of a lot entitlement schedule. ‘ (2) Despite any other law or statutory instrument— (a) the respondent for an application mentioned in subsection (1) is the body corporate; and (b) at the election of another owner of a lot in the scheme, the other owner may be joined as a respondent for the application; and (c) each party to the application is responsible for the party’s own costs of the application. ‘ (3) An owner who elects, under subsection (2)(b), to become a respondent for the application must give written notice of the election to the body corporate. ‘ (3A) The order of the court or specialist adjudicator must be consistent with— (a) if the order is about the contribution schedule—the principle stated in subsection (5); or (b) if the order is about the interest schedule—the principle stated in subsection (6).’. (3) Section 46(5), after ‘court’— insert — ‘or specialist adjudicator’. (4) Section 46(6), ‘(5)’—

s 12 22 s 12 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 omit, insert — ‘(6)’. (5) Section 46(8), after ‘court’— insert — ‘or specialist adjudicator’. (6) Section 46(8), ‘with the registrar’— omit. (7) Section 46(8), penalty, ‘(8)’— omit, insert — ‘(9)’. (8) Section 46(3A) to (8)— renumber as section 46(4) to (9). 12 Insertion of new s 46A After section 46— insert — ‘46A Criteria for deciding just and equitable circumstances ‘ (1) This section applies if an application is made for an order of the District Court or a specialist adjudicator for the adjustment of a lot entitlement schedule. ‘ (2) This section sets out matters to which the court or specialist adjudicator may, and may not, have regard for deciding— (a) for a contribution schedule—if it is just and equitable in the circumstances for the respective lot entitlements not to be equal; and (b) for an interest schedule—if it is just and equitable in the circumstances for the individual lot entitlements to reﬂect other than the respective market values of the lots. ‘ (3) However, the matters the court or specialist adjudicator may have regard to for deciding a matter mentioned in subsection (2) are not limited to the matters stated in this section.

s 13 23 s 13 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘ (4) The court or specialist adjudicator may have regard to— (a) how the community titles scheme is structured; and (b) the nature, features and characteristics of the lots included in the scheme; and (c) the purposes for which the lots are used. ‘ (5) The court or specialist adjudicator may not have regard to any knowledge or understanding the applicant had, or any lack of knowledge or misunderstanding on the part of the applicant, at the relevant time, about— (a) the lot entitlement for the subject lot or other lots included in the community titles scheme; or (b) the purpose for which a lot entitlement is used. ‘ (6) In this section— “relevant time” means the time the applicant entered into a contract to buy the subject lot. “subject lot” means the lot owned by the applicant.’. 13 Insertion of new s 47A Chapter 2, part 6— insert— ‘47A Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land ‘ (1) This section applies if a constructing authority advises the body corporate for a community titles scheme that it proposes to lodge— (a) a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A; 3 and (b) a request to record a new community management statement for the scheme as required under section 51(1). ‘ (2) Within 3 months after receiving the constructing authority’s advice and before consenting to the new community management statement, the body corporate must— 3 Acquisition of Land Act 1967 , section 12A (Constructing authority must lodge new plan of survey for particular land)

s 14 24 s 15 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (a) obtain, from an appropriate person, independent professional advice (the “lot entitlement adjustment advice” ) about any just and equitable changes required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the new plan of subdivision; and Example of appropriate person for paragraph (a) — A lawyer or registered valuer. (b) call a general meeting of its members to decide any changes to the lot entitlement schedules to take account of the boundary change. ‘ (3) The notice of the meeting must state or be accompanied by a copy of the lot entitlement adjustment advice. ‘ (4) Within 30 days after the meeting is held, the body corporate must give the constructing authority written notice of the body corporate’s decision made under this section about any changes to the lot entitlement schedules. ‘ (5) The constructing authority is responsible for the costs of obtaining the lot entitlement adjustment advice.’. 14 Replacement of s 48 (Registrar may record community management statements) Section 48— omit, insert — ‘48 Recording of community management statement ‘A community management statement has no effect unless it is recorded.’. 15 Amendment of s 50 (Subsequent community management statement) (1) Section 50(2)(a), after ‘consents’— insert— ‘, under section 55,’. (2) Section 50(3), including example—

s 16 25 s 18 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 omit, insert — ‘ (3) For giving the consent, the body corporate need not have before it the new community management statement in the form in which it is to be recorded.’. 16 Insertion of new s 50A After section 50— insert — ‘50A Requirements for motion to change community management statement ‘ (1) Subject to subsection (2), a motion proposing to change an existing community management statement for a community titles scheme may be submitted by only— (a) the committee for the body corporate; or (b) the owner of a lot included in the scheme; or (c) the body corporate manager. ‘ (2) The body corporate manager may submit the motion if the body corporate manager may, under the regulation module applying to the scheme, submit the motion.’. 17 Amendment of s 51 (New statements and subsequent plans of subdivision) Section 51(3) and (4)— omit . 18 Insertion of new s 51A After section 51— insert — ‘51A Other matters about new statements for schemes developed progressively ‘ (1 ) This section applies—

s 18 26 s 18 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (a) only to a community titles scheme intended to be developed progressively; and Examples for paragraph (a) — 1. The subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme. 2. The excision of a lot from, or the addition of a lot to, scheme land. (b) if the circumstances stated in subsection (2) or (3) also apply to the scheme. ‘ (2) For subsection (1)(b), the circumstances are— (a) a new plan of subdivision proposed to be lodged for the scheme— (i) is consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or (ii) is inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and (b) the difference between the existing statement and a new community management statement required under section 51(1) is limited to ensuring that, after registration of the new plan of subdivision and recording of the new statement, the scheme’s community management statement will— (i) be consistent with all plans of subdivision for the scheme that are registered under the Land Title Act; and (ii) contain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision. ‘ (3) Alternatively, for subsection (1)(b), the circumstances are that a new plan of subdivision proposed to be lodged for the development is inconsistent with the existing community management statement for the scheme because the plan changes the scheme in a way that affects the nature of the development or 1 or more stages of the development. Examples of changes affecting the nature of a development for subsection (3) — 1. A development for a scheme intended to be a resort is changed to a development comprising only standard format lots for residential purposes.

s 18 27 s 18 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 2. A stage of a development comprising standard format lots for residential purposes and a marina is changed to a stage comprising only standard format lots for residential purposes. ‘ (4) For subsection (2)(a)(ii), the development of a stage is done out of order if it is not consistent with the order of the development of the stages stated in the development approval or existing community management statement for the scheme. ‘ (5) The developer must— (a) prepare the new community management statement required under section 51(1) for the scheme; and (b) give the new statement to the body corporate. ‘ (6) The body corporate must, within 30 days after receiving the new statement, endorse its consent on the statement. Maximum penalty—50 penalty units. ‘ (7) However, if this section applies because of the circumstances stated in subsection (3), the body corporate is not required to endorse its consent on the statement unless— (a) the developer has— (i) given the body corporate a notice as required under section 30A(2)(a); and (ii) obtained development approval for the changed scheme; and (b) the new community management statement is consistent with the development approval for the changed scheme; and (c) the local government has endorsed a community management statement notation on the new community management statement. ‘ (8) The developer must, within 30 days after receiving the endorsed statement, lodge a request to record the statement. Maximum penalty for subsection (8)—300 penalty units. ‘ (9) Within 14 days after the new statement is recorded, the developer must give to the body corporate— (a) a copy of the new statement; and

s 19 28 s 19 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (b) evidence of its recording. Maximum penalty for subsection (9)—300 penalty units. ‘ (10) The developer is responsible for the costs of preparing and recording the new community management statement.’. 19 Amendment of s 54 (Local government community management statement notation) (1) Section 54(1), ‘A’— omit, insert — ‘Subject to subsection (6), a’. (2) Section 54(3) and (4)— omit, insert — ‘ (3 ) Subject to subsection (4), the local government must endorse the community management statement notation on the proposed community management statement. ‘ (4) For a community titles scheme intended to be developed progressively, the local government is not required to endorse the notation on the proposed statement if there is an inconsistency between a provision of the statement and— (a) a lawful requirement of, or an approval given by, the local government under the Planning Act; or (b) the local government’s planning scheme; or (c) a lawful requirement of, or an approval given by, the local government under its planning scheme. Example for subsection (4) — A local government would be expected to refuse to endorse a proposed community management statement with a community management statement notation if the statement envisages development of part of the scheme land in a way prohibited under the local government’s planning scheme. However, the local government would be expected to endorse the proposed statement with a community management statement notation if the proposed community management statement acknowledges that development of the part of the land in the way proposed will proceed only if and when a suitable amendment of the planning scheme is made. ‘ (4A) For subsection (4), a provision of the statement is not inconsistent with a planning scheme if—

s 20 29 s 20 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (a) the planning scheme allows a person to do an act or engage in an activity in the area in which the community titles scheme is established; and (b) the provision requires the person to obtain the body corporate’s permission before doing the act or engaging in the activity on scheme land. ‘ (4B) Despite subsection (1), a new community management statement may be recorded without the endorsement on it of a community management statement notation if— (a) there is no difference between the existing statement for the scheme and the new statement for any issue that the local government could have regard to for identifying an inconsistency mentioned in subsection (4); or Example for paragraph (a) — The new statement includes an interest schedule that is different from the interest schedule included in the existing statement, but there is otherwise no difference between the 2 statements. (b) any difference between the statements is limited to changes to reﬂect— (i) a lot entitlement adjustment agreed to under section 47; or (ii) a formal acquisition affecting the scheme; or (iii) a change in a services location diagram for the scheme; or (iv) the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 42.’. (3) Section 54(4A) to (5)— renumber as section 54(5) to (7). 20 Insertion of new s 54A After section 54— insert —

s 21 30 s 21 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘54A Giving copy of community management statement to local government ‘ (1) This section applies if either of the following is recorded for a community titles scheme— (a) a community management statement that, under section 54(4), is not endorsed with a community management statement notation; (b) a community management statement containing a lot entitlement for a lot included in the scheme that is different from the lot entitlement for the lot contained in the previous statement recorded for the scheme. ‘ (2) The body corporate must give a copy of the statement to each local government in whose local government area scheme land is located. ‘ (3) The copy must be given— (a) for a statement other than a statement to which section 51A applies—within 14 days after the statement is recorded; or (b) for a statement to which section 51A applies—within 14 days after the body corporate receives a copy of the statement under section 51A(9).’. 21 Amendment of s 55 (Body corporate to consent to recording of new statement) (1) Section 55(4)(b), ‘with the registrar’— omit . (2) Section 55(4)— insert — ‘(ca) changing the community titles scheme to reﬂect a formal acquisition affecting the scheme; (f) showing the location of a service easement for the community titles scheme by including a services location diagram; (g) amalgamating or subdividing lots included in the community titles scheme; (h) reproducing the existing statement without any change of substance.’.

s 21 31 s 21 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (3) Section 55(4)(a) to (c) and (d), after ‘;’— omit . (4) Section 55(4)(ca) to (h)— renumber as section 55(4)(d) to (i). (5) Section 55— insert — ‘ (4A) However, subsection (4)(h) applies only if the associated plan of subdivision— (a) does not affect the common property; and (b) does not change— (i) the contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or (ii) the total of the contribution schedule lot entitlements for the lots included in the scheme; or (iii) the total of the interest schedule lot entitlements for the lots included in the scheme.’. (6) Section 55(5), from ‘section’— omit, insert — ‘section 51A.’. (7) Section 55— insert — ‘ (6) A consent to which subsection (4) or (6) applies must be given by ordinary resolution if, under the regulation module applying to the scheme, the body corporate has engaged a body corporate manager to carry out the functions of a committee, and the executive members of a committee, for a body corporate. ‘ (7) In this section— “associated plan of subdivision” , for a proposed new community management statement, means the plan of subdivision proposed to be lodged with the request to record the statement.’.

s 22 32 s 22 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (8) Section 55(4A) to (7)— renumber as section 55(5) to (8). 22 Insertion of new ss 55A and 55B After section 55— insert — ‘55A Responsibility for preparing, and for costs of preparing, new statement ‘ (1) This section applies if the body corporate for a community titles scheme consents to a new community management statement, other than a statement to which section 51A applies, being recorded for the scheme. ‘ (2) The new community management statement must be prepared by— (a) if the body corporate manager may, under the body corporate manager’s engagement, prepare the statement—the body corporate manager; or (b) if paragraph (a) does not apply to the scheme—the committee for the body corporate. ‘ (3) The body corporate is responsible for the costs of preparing and recording the new community management statement, unless this Act provides otherwise. 4 ‘ (4) Despite subsections (2) and (3), if the difference between the new community management statement and the existing statement is limited to changes to reﬂect a formal acquisition affecting the scheme, the constructing authority for the acquisition— (a) must prepare the new statement; and (b) is responsible for the costs of preparing and recording the new statement. 4 For example, in addition to subsection (4), see section 47 (Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots).

s 23 33 s 24 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘55B New community management statement must be consistent with body corporate’s consent ‘If a new community management statement when recorded is inconsistent with the new statement for which the body corporate gave its consent, the statement as recorded is void to the extent of the inconsistency.’. 23 Replacement of s 56 (Three months limit for lodging request for recording new statement) Section 56— omit, insert — ‘56 Time for lodging request to record new statement ‘ (1) If the body corporate consents to a new community management statement being recorded for a community titles scheme, the body corporate must, within 3 months after the relevant event happens, lodge a request to record the new statement. ‘ (2) This section does not apply to a new community management statement to which section 51A applies. ‘ (3) In this section— “relevant event” means— (a) if the difference between the new statement and the existing statement for the scheme is limited to changes to reﬂect a formal acquisition affecting the scheme—the acquisition; or (b) if paragraph (a) does not apply—the body corporate consents to the recording of the new statement.’. 24 Amendment of s 57 (Requirements for community management statement) (1) Section 57(1)— insert —

s 24 34 s 24 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘(ca) for a scheme (other than a scheme created under chapter 2, part 12 5 ) for which development approval is given after the commencement of this paragraph— (i) if the contribution schedule lot entitlements for each lot included in the scheme are not equal—explain why they are not equal; and (ii) include 1 or more services location diagrams for all service easements for— (A) the standard format lots included in the scheme; and (B) common property for the standard format lots; and (iii) identify the lots affected, or proposed to be affected, by a statutory easement, and state the type of statutory easement; and’. (2) Section 57(1)(e), from ‘explain’— omit, insert — ‘(i) explain the proposed development and illustrate it by concept drawings; and (ii) state the purpose of any future allocations for the scheme and the stages in which the future allocations are to be made; and’. (3) Section 57(1)(ca) to (f)— renumber as section 57(1)(d) to (g). (4) Section 57(3)— omit, insert — ‘ (3) The community management statement must not include anything other than the things that this Act, or the regulation module applying to the scheme, says the statement must or may include. ‘ (4) Subsection (1)(d)(ii) applies to a community management statement for a scheme existing before the commencement of the subparagraph (the “commencement” )— 5 Chapter 2 (Basic operation of community titles schemes), part 12 (Creation of a layered arrangement from existing basic schemes)

s 25 35 s 26 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (a) only if, after the commencement, a service easement is established for the scheme; and (b) only for service easements established after the commencement. ‘ (5) If the requirement mentioned in subsection (1)(d)(ii) applies to a community management statement because of subsection (4), the requirement must be complied with, initially, within 1 year after the ﬁrst establishment of a service easement after the commencement. ‘ (6) In this section— “future allocation” , for a community titles scheme, means a future allocation of common property or a body corporate asset under an exclusive use by-law.’. 25 Omission of s 58 (When registrar records community management statement) Section 58— omit . 26 Replacement of ss 59–65 Sections 59 to 65— omit, insert — ‘59 Application of pt 8 ‘ (1) This part applies to a community titles scheme if the lots included in the scheme are lots on— (a) a building format plan of subdivision; or (b) a volumetric format plan of subdivision; or (c) a standard format plan of subdivision registered under the LandTitle Act on or after 13 July 1997. ‘ (2) If a lot is a standard format lot in a community titles scheme intended to be developed progressively and there are no buildings on the lot, this part applies for the lot. ‘ (3) This part has effect for the scheme subject to the provisions of an easement established under the Land Title Act.’.

s 27 36 s 28 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 27 Insertion of new s 67A Chapter 2, part 8— insert — ‘67A Services location diagrams ‘ (1) This section applies if— (a) because of a change in the service easements for the standard format lots included in a community titles scheme, a services location diagram (the “original diagram” ) included in the community management statement no longer reﬂects the location of the current service easements; or (b) a services location diagram is not included in the community management statement and, after the commencement of this section, a service easement ( “new easement” ) is established for a standard format lot included in the scheme. ‘ (2) The body corporate must prepare a services location diagram (the “new diagram” ) so that— (a) if subsection (1)(a) applies—the location of the current service easements for the standard format lots is shown in— (i) the new diagram; or (ii) the original diagram, together with the new diagram and any other services location diagrams previously prepared under this section for the scheme; or (b) if subsection (1)(b) applies—the new easement is shown in the new diagram. ‘ (3) The body corporate must lodge a request to record a new community management statement including the new diagram within 1 year after— (a) if subsection (1)(a) applies—the change mentioned in the paragraph happens; or (b) if subsection (1)(b) applies—the new easement is established.’. 28 Amendment of s 69 (Reinstatement process under court approval) Section 69— insert —

s 29 37 s 30 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘ (7) The body corporate is the respondent to an application made under subsection (2)(b) or (c).’. 29 Insertion of new s 69A After section 69— insert — ‘69A Variation and substitution of court orders ‘ (1) The District Court may, for an order made by it for an approved reinstatement process, and as it considers just and equitable— (a) vary the order; or (b) revoke the order and substitute another order. ‘ (2) An order substituted under subsection (1)(b) must be an order of a kind the court is authorised to make under section 69(4). ‘ (3) The court may take action under subsection (1) on application by an entity that made, or was entitled to make, the application for the approved reinstatement process. ‘ (4) An insurer of the building, including a part of the building, is a party to an application under this section. ‘ (5) If the application for an order under subsection (1) is made by an entity other than the body corporate, the body corporate is the respondent to the application.’. 30 Replacement of s 71 (Registration for changes to scheme under approved reinstatement process) Section 71— omit, insert —

s 31 38 s 31 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘71 Registration for changes to scheme under approved reinstatement process ‘If an approved reinstatement process provides for a change to a community titles scheme, the change must be registered under the LandTitle Act, section 115T . 6 ’. 31 Replacement of ss 76 and 77 Sections 76 and 77— omit, insert — ‘76 Effecting termination of scheme ‘ (1) Termination of the scheme must be recorded under the Land TitleAct, sections 115U and 115V. 7 ‘ (2) The termination takes effect under that Act, section 115V. ‘77 Effect of termination on accrued charge, levy, rate or tax ‘ (1) When the scheme is terminated— (a) a liability for a charge, levy, rate or tax that had accrued on a lot included in the scheme before the scheme was terminated is not affected; and (b) for recovery under the Local Government Act 1993 or the LandTax Act 1915 , the charge, levy, rate or tax is taken to have been levied on the former owner’s interest in the land as tenant in common. ‘ (2) In this section— “former owner” means the person who, immediately before the scheme was terminated, was the owner of the lot.’. 6 Land Title Act, section 115T (Registration for changes to scheme under approved reinstatement process) 7 LandTitleAct, sections 115U (Instruments required for terminating scheme) and 115V (Recording termination of scheme)

s 32 39 s 33 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 32 Replacement of ss 83 and 84 Sections 83 and 84— omit, insert — ‘83 Effecting amalgamation of community titles schemes ‘ (1) The amalgamation of schemes A and B must be recorded under the Land Title Act, sections 115W and 115X. 8 ‘ (2) The amalgamation takes effect under that Act, section 115X.’. 33 Insertion of new ch 2, pt 12 Chapter 2— insert — ‘PART 12—CREATION OF A LAYERED ARRANGEMENT FROM EXISTING BASIC SCHEMES ‘Division 1—Introduction ‘86A General principles of creation of layered arrangement from basic schemes ‘ (1) Two or more basic schemes may become a layered arrangement of community titles schemes (a “layered arrangement” ) under this part. ‘ (2) The basic schemes may become a layered arrangement if the scheme land for the layered arrangement conforms with the Land Title Act, section 115H. 9 ‘86B Schemes that may become a layered arrangement ‘Only basic schemes that are not subsidiary schemes may become a layered arrangement under this part. 8 LandTitleAct, sections 115W (Request to record amalgamation of schemes) and 115X (Recording amalgamation of schemes) 9 Land Title Act, section 115H (Single area for scheme land)

s 33 40 s 33 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘Division 2—Process for creating layered arrangement ‘86C Agreement or court order for creation of layered arrangement ‘ (1) Two or more basic schemes ( “scheme A” and “scheme B” ) may become a layered arrangement if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent— (a) to become a layered arrangement ( “scheme C” ); and (b) to the community management statement being recorded for scheme C; and (c) if the existing community management statements for schemes A and B will no longer be accurate after the layered arrangement is created—to new community management statements being recorded for schemes A and B. ‘ (2) Alternatively, schemes A and B may become a layered arrangement if the District Court, on the application of the owner of a lot included in scheme A or scheme B or the body corporate for scheme A or scheme B, decides it is just and equitable for the schemes to become a layered arrangement (also “scheme C” ), and makes an appropriate order. ‘ (3) If schemes A and B are to become a layered arrangement under subsection (1) or (2), the District Court may make an order, if it considers it is just and equitable to make the order, about— (a) the contents of the community management statements for each of schemes A, B and C; or (b) the disposition of liabilities that, immediately before the creation of the layered arrangement, are liabilities of the body corporate for scheme A or scheme B. ‘ (4) The court may make an order under subsection (3) on application by the body corporate for scheme A or B. ‘86D Effecting creation of layered arrangement ‘ (1) The creation of the layered arrangement must be recorded under the Land Title Act, sections 115Y and 115Z. 10 10 Land Title Act, sections 115Y (Request to record creation of layered arrangement) and 115Z (Recording creation of layered arrangement)

s 34 41 s 34 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 ‘ (2) A request to record the creation of the layered arrangement may be lodged by or for— (a) the bodies corporate for schemes A and B; or (b) a person on whose application the court made an order under section 86C(2). ‘ (3) The creation of the layered arrangement takes effect under the LandTitle Act, section 115Z. 11 ‘86E Effect of creation of layered arrangement ‘When schemes A and B become a layered arrangement— (a) a liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B, or on the body corporate for scheme A or B, before the layered arrangement was created is not affected; and (b) anything done in relation to scheme A or B before the layered arrangement was created continues in effect to the extent there is no inconsistency with the community management statements recorded for schemes A, B and C, including, for example, the following— (i) an application under the dispute resolution provisions; (ii) an order of an adjudicator or court about a lot or common property; (iii) liabilities and obligations attaching to the owners of lots included in schemes A or B.’. 34 Amendment of s 87 (Body corporate’s general functions) Section 87(1)(b), ‘the by-laws affecting the common property’— omit, insert — ‘any by-laws for the scheme’. 11 Land Title Act, section 115Z (Recording creation of layered arrangement)

s 35 42 s 37 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 35 Insertion of new s 89A Chapter 3, part 1, division 1— insert — ‘89A No delegation of body corporate’s powers ‘A body corporate can not delegate its powers. 12 ’. 36 Amendment of s 98 (Counting of votes for special resolution) Section 98(3)(a)— omit, insert— ‘(a) for a meeting notice of which is given— (i) before the commencement of subparagraph (ii)—the votes counted for the motion are more than the votes counted against the motion; or (ii) after the commencement of this subparagraph—at least two-thirds of the votes cast are in favour of the motion; and’. 37 Insertion of new s 98A After section 98— insert — ‘98A Counting of votes for majority resolution (1) This section applies if a motion is to be decided by majority resolution at a general meeting of the body corporate for a community titles scheme. (2) One vote only may be exercised for each lot included in the scheme. (3) The vote— (a) must be written; and 12 But see, chapter 3 (Management of community titles schemes), part 2 (Body corporate managers, service contractors and letting agents), division 2 (Performance of powers of body corporate committee and executive members by body corporate manager)

s 38 43 s 38 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (b) can not be exercised by proxy. (4) The motion is passed by majority resolution only if the votes counted for the motion are more than 50% of the lots for which persons are entitled to vote on the motion.’. 38 Insertion of new s 101B Chapter 3, part 2, division 1— insert — ‘101B Original owner’s obligations about engagements and authorisations ‘ (1) This section applies if— (a) the body corporate for a community titles scheme intends to— (i) engage a person as the body corporate manager or a service contractor (the “contracted party” ); or (ii) authorise a person to conduct a letting agent business (also the “contracted party” ); and (b) the engagement or authorisation is to be made or given in the original owner control period. ‘ (2) The original owner must exercise reasonable skill, care and diligence and act in the best interests of the body corporate, as constituted after the original owner control period ends, in ensuring each of the following— (a) the terms of the engagement or authorisation achieve a fair and reasonable balance between the interests of— (i) the contracted party; and (ii) the body corporate as constituted after the original owner control period ends; (b) the terms are appropriate for the scheme; (c) the powers able to be exercised, and functions required to be performed, by the contracted party under the engagement or authorisation— (i) are appropriate for the scheme; and

s 39 44 s 40 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 (ii) do not adversely affect the body corporate’s ability to carry out its functions. Maximum penalty—300 penalty units. ‘ (3) If the body corporate or an owner of a lot included in the scheme incurs loss or damage because of the original owner’s contravention of subsection (2), the body corporate or owner may claim compensation from the original owner in a proceeding brought in a court of competent jurisdiction.’. 39 Amendment of s 102 (No consideration for engagement or authorisation) (1) Section 102— insert — ‘ (1A) Subsection (1)(b) does not apply to the ﬁrst authorisation given after the original owner control period ends if— (a) the amount or beneﬁt sought or accepted for the authorisation represents fair market value for the authorisation; and (b) no authorisation was given during the original owner control period.’. (2) Section 102(1A) and (2)— renumber as section 102(2) and (3). 40 Amendment of s 103 (Limitation on beneﬁt to body corporate under service contractor engagement) (1) Section 103— insert — ‘ (3A) Also, subsection (1) does not apply to an amount or beneﬁt for the reasonable costs incurred by the body corporate in preparing an agreement between the body corporate and service contractor for the engagement.’. (2) Section 103 (3A) and (4)— renumber as section 103(4) and (5).

s 41 45 s 42 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 41 Amendment of s 104 (Limitation on beneﬁt to body corporate under letting agent authorisation) (1) Section 104— insert — ‘ (3A) Also, subsection (1) does not apply to— (a) an amount or beneﬁt for the actual authorisation as letting agent if— (i) the amount or beneﬁt represents fair market value for the authorisation; and (ii) the authorisation is the ﬁrst authorisation given after the original owner control period ends; and (iii) no authorisation was given during the original owner control period; or (b) an amount or beneﬁt for the reasonable costs incurred by the body corporate in preparing an agreement between the body corporate and letting agent for the authorisation.’. (2) Section 104 (3A) and (4)— renumber as section 104(4) and (5). 42 Insertion of new s 104A After section 104— insert — ‘104A Letting agent’s obligations for letting agent lot ‘ (1) This section applies to a person who becomes a letting agent for a community titles scheme after the commencement of this section. ‘ (2) If the letting agent business is conducted from a lot, other than lessee common property, included in the scheme, at all times, either— (a) the letting agent must be the registered owner or lessee of the lot; or (b) a deed must be in place between the body corporate and the person (the “lot holder” ) who is the registered owner or lessee of the lot, under which the lot holder agrees to transfer the lot holder’s interest in the lot, in accordance with the arrangements

s 43 46 s 43 Body Corporate and Community Management and No. 6, 2003 Other Legislation Amendment Act 2003 provided for in the deed, if the letting agent is required to transfer the letting agent’s management rights under division 8. ‘ (3) The rights and obligations of the body corporate and the lot holder under the deed must correspond as far as practicable with the rights and obligations the body corporate and the letting agent would have under division 8 were the letting agent the registered owner or lessee of the lot. ‘ (4) The arrangements provided for in the deed may include— (a) arrangements for ensuring, to the greatest practicable extent, that the transfer of the lot holder’s interest in the lot happens at the same time as the transfer of the letting agent’s management rights under division 8; and (b) authority, whether or not supported by a power of attorney, for the body corporate to act in the place of the lot holder if the lot holder does not comply with the lot holder’s obligations under the deed for the transfer of the lot holder’s interest in the lot. ‘ (5) If the lot holder does not enter into the deed mentioned in subsection (2)(b), the letting agent’s authorisation as letting agent has no effect.’. 43 Insertion of new s 105A Chapter 3, part 2, division 1— insert — ‘105A Code of conduct ‘ (1) The code of conduct in schedule 1A applies to— (a) a body corporate manager in performing obligations under the person’s engagement as the body corporate manager; and (b) a caretaking service contractor in performing obligations under the person’s engagement as a service contractor. ‘ (2) The provisions of the code are taken to be included in the terms of the contract providing for the person’s engagement. ‘ (3) If there is an inconsistency between a provision of the code and another term of the contract, the provision of the code prevails.

s 150 144 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 of lessee common property within the meaning of that Act; and’. 150 Amendment of s 54B (Circumstances under which building management statement may be registered) (1) Section 54B(2)(a) and (b), before ‘lots’— insert — ‘format’. (2) Section 54B(3)— omit . 151 Amendment of s 97A (Covenant by registration) (1) Section 97A— insert — ‘ (4A) The covenant must not prevent a person from— (a) registering an interest under this Act; or (b) exercising the person’s rights under a registered interest; or (c) releasing or surrendering a registered interest.’. (2) Section 97A(4A) and (5)— renumber as section 97A(5) and (6). 152 Insertion of new pt 6A After part 6— insert —

s 152 145 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘PART 6A—COMMUNITY TITLES SCHEMES ‘Division 1—Preliminary ‘115A Basic concept for pt 6A—community titles scheme ‘ (1) A community titles scheme is the basic concept for this part. ‘ (2) A community titles scheme can only be over freehold land. ‘115B Meaning of “community titles scheme” ‘ (1) A “community titles scheme” is— (a) a single community management statement recorded by the registrar identifying land (the “scheme land” ); and (b) the scheme land. ‘ (2) Land may be identified as scheme land if it consists of— (a) 2 or more lots; and (b) other land (the “common property” for the community titles scheme) that is not included in a lot mentioned in paragraph (a). ‘ (3) Land can not be common property for more than 1 community titles scheme. ‘ (4) For each community titles scheme, there must be— (a) at least 2 lots; and (b) common property; and (c) a single body corporate; and (d) a single community management statement. ‘ (5) A community titles scheme is a “basic scheme” if all the lots mentioned in subsection (2)(a) are lots under this Act.

s 152 146 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘ (6) However, under this part, a lot may be, for its inclusion in a community titles scheme other than a basic scheme, another community titles scheme. 42 ‘115C Meaning of “layered arrangement of community titles schemes” ‘ (1) A “layered arrangement of community titles schemes” is a grouping of community titles schemes— (a) in which there is 1 community titles scheme (the “principal scheme” ) 43 that— (i) is not a lot included in another community titles scheme; and (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and (b) in which there is at least 1 basic scheme; and (c) in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme. ‘ (2) Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes— (a) is a subsidiary scheme for the principal scheme; and (b) unless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement. 42 BCCM Act, schedule 1 (Illustrations) contains examples of possible structures of community titles schemes. 43 See BCCM Act, schedule 1, parts 2 and 3 for examples of layered arrangements of community titles schemes.

s 152 147 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘ (3) A “subsidiary scheme” , for a community titles scheme ( “scheme A” ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A. ‘ (4) In this Act, the expression “included in” , if used in the context of the inclusion of a lot in a community titles scheme— (a) establishes the relationship the lot has to the scheme; and (b) in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme. ‘ (5) The diagram and notes in the BCCM Act, schedule 1, part 3 44 illustrate more comprehensively how the expression ‘included in’ is used. ‘115D Provisions about lots that are community titles schemes ‘If a community titles scheme ( “scheme A” ) includes a lot that is another community titles scheme ( “scheme B” )— (a) a reference in this Act to the owner of the lot is a reference to the body corporate for scheme B; but (b) a reference in this Act to a lot included in scheme A does not include a reference to scheme B if the provision is about— (i) the subdivision of a lot; or (ii) the indefeasible title for a lot; or (iii) a lease or mortgage of a lot; or (iv) the occupier or registered proprietor of a lot. ‘Division 2—Names of community titles schemes ‘115E Names of community titles schemes ‘ (1) The registrar may refuse to record a community management statement for a community titles scheme if the scheme’s identifying name shown in the statement is— 44 BCCM Act, schedule 1 (Illustrations), part 3 (Example of more complex layered arrangement of schemes)

s 152 148 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 (a) the identifying name in the community management statement for another community titles scheme; or (b) a name reserved under this division, other than a name reserved by the person seeking to record the community management statement; or (c) a name reserved under the Building Units and Group Titles Act1980 , section 120; 45 or (d) a name reserved under the South Bank Corporation Act 1989 ; 46 or (e) in the registrar’s opinion formed on reasonable grounds, undesirable. ‘ (2) The registrar must allocate a unique identifying number for a scheme when the ﬁrst community management statement is recorded for the scheme. ‘115F Reservation of name ‘ (1) The registrar may, on application, reserve a name stated in the application as the identifying name to be shown in the community management statement for a proposed community titles scheme. ‘ (2) The reservation must identify the proposed scheme land for the proposed scheme. ‘ (3) The registrar must reserve the name unless satisfied he or she would refuse to record a community management statement showing the name. ‘115G Period of reservation ‘ (1) The reservation of an identifying name for a proposed community titles scheme is for an initial period of 2 years and may be extended by the registrar, but only once, for an additional period of 1 year. ‘ (2) The extension may be given only on an application made, within the initial period, by the person for whom the name is reserved. ‘ (3) However, the reservation ends if— 45 Building Units and Group Titles Act 1980 , section 120 (Reservation of name) 46 See South Bank Corporation Act 1989 , schedule 7, section 9(3A).

s 152 149 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 (a) the person withdraws the reservation; or (b) a community titles scheme is established and the reserved name is the identifying name shown in the community management statement for the scheme. ‘Division 3—Scheme land ‘115H Single area for scheme land ‘ (1) Scheme land for a community titles scheme must be made up of a single, continuous area of land. ‘ (2) Scheme land is taken to be made up of a single, continuous area of land even if— (a) a lot is subdivided under section 54; 47 or (b) if paragraph (a) does not apply—there is nevertheless a road or watercourse within the external boundaries of the scheme land. ‘ (3) However, a community titles scheme may be established with scheme land not made up of a single, continuous area of land if all lots that become the scheme land are— (a) created under a single plan of subdivision; or (b) in the opinion of the registrar formed on reasonable grounds, located within an area that is sufﬁciently limited to ensure the scheme can be administered under the BCCM Act efﬁciently and effectively as a single scheme. ‘ (4) Nevertheless, if subsection (3) applies, and the scheme is later changed to include additional lots or common property, each of the additional lots or common property must form a single, continuous area of land with a part of the scheme land in existence for the scheme immediately before the inclusion of the additional lots or common property. 47 S ection 54 (Division excluding road or watercourse)

s 152 150 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘115I Enlarging the number of lots through progressive subdivision ‘ (1) This section applies to a basic scheme for which an application for development approval is made under the Integrated Planning Act 1997 on or after the commencement of this section. ‘ (2) The number of lots included in the scheme may be increased through the progressive subdivision of lots to create further lots included in the scheme. 48 ‘ (3) Subject to subsection (4), the lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots if the subdivision is to create a layered arrangement of community titles schemes. ‘ (4) The lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots, without creating a layered arrangement of community titles schemes, if each of the following apply to the scheme— (a) the community management statement states that the lots included in the scheme are to be subdivided by different format plans of subdivision; (b) the lots are subdivided by different format plans of subdivision; (c) the contribution schedule lot entitlements equitably reﬂect the difference in the maintenance requirements of the standard format lots, building format lots and volumetric format lots. ‘Division 4—Community management statements ‘115J Lodging request to record a new statement ‘ (1) A request to record a new community management statement for a community titles scheme must be lodged when a new plan of subdivision affecting the scheme (including affecting a lot in, or the common property for, the scheme) is lodged. ‘ (2) A request to record a new community management statement for a community titles scheme may be lodged, and the new statement may be 48 BCCM, schedule 1 (Illustrations), part 4 (Example of progressive subdivision for creating more lots in a scheme) gives an example of the operation of this section.

s 152 151 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 recorded for the scheme, even though a plan of subdivision is not lodged, if all plans of subdivision relating to the scheme, and the new statement, will still be consistent after the new statement is recorded. ‘115K Recording community management statements ‘ (1) The registrar may record a community management statement if— (a) a request to record the statement is lodged; and (b) the statement is deposited with the request; and (c) the statement complies with the directions of the registrar about the required format for a community management statement; and (d) the statement otherwise complies with— (i) section 115H; and (ii) the requirements of the BCCM Act for a community management statement; and (e) for a new community management statement—the body corporate’s consent to the recording of the new statement is endorsed on the statement. ‘ (2) A community management statement is not an instrument under this Act. ‘ (3) However, a request to record a community management statement is an instrument, and is lodged, under this Act. ‘ (4) An interest created under a community management statement recorded under subsection (1) does not have effect as a registered interest. ‘115L When registrar records community management statement ‘ (1) When the registrar records a community management statement for a community titles scheme, the registrar must— (a) give the statement a unique identifying number; and (b) record a reference to the community management statement, including its unique identifying number, on— (i) the indefeasible title for each lot that is scheme land; and

s 152 152 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 (ii) the indefeasible title for any common property that is scheme land. ‘ (2) However— (a) the registrar is not obliged to examine, but may examine, a community management statement for its validity, including, in particular, its— (i) consistency with any plan of subdivision; or (ii) compliance with the requirements for a community management statement; and (b) it must not be presumed that a community management statement is valid or enforceable, including, for example, that the by-laws for the scheme included in the statement are valid and enforceable, because the registrar records it; and (c) neither the validity nor the enforceability of a community management statement, as recorded by the registrar, is guaranteed by the State. ‘ (3) The community management statement takes effect when it is recorded by the registrar as the community management statement for the scheme. ‘Division 5—Statutory easements ‘115M Application of div 5 ‘ (1) This division provides for easements for lots included in, and common property for, a community titles scheme. ‘ (2) However, subject to subsection (3), this division applies to the scheme only if the lots included in the scheme are lots on— (a) a building format plan of subdivision; or (b) a volumetric format plan of subdivision; or (c) a standard format plan of subdivision registered under this Act on or after 13 July 1997. ‘ (3) If a lot is a standard format lot in a community titles scheme intended to be developed progressively and there are no buildings on the lot, this division applies for the lot.

s 152 153 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘ (4) This division has effect for the scheme subject to the provisions of an easement established under another part of this Act. ‘115N Easements for support ‘ (1) An easement of lateral or subjacent support exists— (a) in favour of a lot against another lot capable of supplying lateral or subjacent support; and (b) in favour of a lot against common property capable of supplying lateral or subjacent support; and (c) in favour of common property against a lot capable of supplying lateral or subjacent support; and (d) in favour of common property against other common property capable of supplying lateral or subjacent support. ‘ (2) An easement for support under subsection (1)— (a) entitles the owner of a lot ( “lot X” ) to enter a lot or common property supplying support to lot X under the easement to maintain or replace any support; and (b) entitles the body corporate to enter a lot or common property supplying support to common property under the easement to maintain or replace any support. ‘ (3) An easement for support under subsection (1) subsists until the scheme no longer exists. ‘115O Easements in favour of lots for utility services and utility infrastructure ‘ (1) An easement exists in favour of a lot and against other lots and common property for supplying utility services to the lot and establishing and maintaining utility infrastructure reasonably necessary for supplying the utility services. ‘ (2) However, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lot or part of common property against which the easement lies.

s 152 154 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘115P Easements for utility services and utility infrastructure ‘ (1) An easement exists in favour of common property and against the lots for supplying utility services to the common property and establishing and maintaining utility infrastructure reasonably necessary for supplying utility services to the common property. ‘ (2) However, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lots against which the easement lies. ‘115Q Easements for shelter ‘ (1) An easement entitling the owner of a lot to have the lot sheltered by parts of a building within scheme land necessary to supply shelter exists against the lots or parts of common property where the relevant parts of the building are situated. ‘ (2) The easement for shelter under subsection (1) entitles the owner of the lot to enter a lot or common property supplying shelter under the easement to maintain or replace the shelter. ‘115R Easements for projections ‘ (1) If eaves, guttering, drainpipes, awnings, window sills, or other minor parts of a building within a lot ( “lot A” ) project over the boundaries of another lot ( “lot B” ) or common property, an easement exists in favour of lot A and against the part of lot B or common property over which the projection lies, permitting the projection. ‘ (2) The easement entitles the owner of lot A to enter lot B or the common property to maintain or replace the building parts. ‘115S Easement for maintenance of building close to boundary ‘ (1) If a building is on the boundary of a lot ( “lot A” ) or so close to the boundary of lot A that maintenance or replacement of the building is not able to be carried out without entering another lot ( “lot B” ) or common property, an easement exists in favour of lot A and against lot B or the common property. ‘ (2) The easement entitles the owner of lot A to enter lot B or common property to carry out the maintenance or replacement.

s 152 155 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘Division 6—Changes to community titles schemes under reinstatement process ‘115T Registration for changes to scheme under approved reinstatement process ‘ (1) If an approved reinstatement process provides for a change to a community titles scheme, the body corporate must lodge— (a) if appropriate, having regard to the approved reinstatement process, or a community management statement mentioned in paragraph (b)—a plan of subdivision reﬂecting the approved reinstatement process; and (b) if appropriate, having regard to the approved reinstatement process, or a plan of subdivision mentioned in paragraph (a)—a request to record a new community management statement; and (c) a true copy of the approved reinstatement process. ‘ (2) If an approved reinstatement process provides for a change to subdivisional arrangements (not including a change to a community titles scheme), the owners of lots the subject of the approved reinstatement process must lodge— (a) if appropriate, having regard to the approved reinstatement process—a plan of subdivision reﬂecting the approved reinstatement process; and (b) a true copy of the approved reinstatement process. ‘ (3) In this section— “approved reinstatement process” means a process, approved under the BCCM Act, section 69 or 70, 49 for reinstating a building. 49 BCCM Act, section 69 (Reinstatement process under court approval) or 70 (Reinstatement process under resolution without dissent)

s 152 156 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘Division 7—Terminating community titles schemes ‘115U Instruments required for terminating scheme ‘ (1) If a community titles scheme is to be terminated, a plan cancelling the lots in the scheme must be lodged. ‘ (2) The plan must be lodged by or for— (a) the body corporate; or (b) if the District Court made an order under the BCCM Act, section 75(2), for terminating the scheme—a person on whose application the court made the order. ‘ (3) The plan must be accompanied by, as well as any other instrument required under this Act, a copy of— (a) if the scheme is terminated under a resolution of the body corporate—the resolution to terminate the scheme, and any agreement entered into about termination issues; or (b) if the scheme is terminated under an order of the District Court—the order. ‘ (4) In this section— “termination issues” see the BCCM Act, schedule 4. 50 ‘115V Recording termination of scheme ‘ (1) If section 115U is complied with, the registrar must record the cancellation of the community management statement, and must also— 50 BCCM Act, schedule 4— “termination issues” means— (a) the disposal, and disposition of proceeds from the disposal, of the land that, immediately before the termination of a community titles scheme, is scheme land; and (b) custody, management and distribution (including the disposal, and disposition of proceeds from the disposal) of items of property that, immediately before the termination of a community titles scheme are body corporate assets; and (c) the sharing of liabilities that, immediately before the termination of a community titles scheme, are liabilities of the body corporate.

s 152 157 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 (a) register the termination in the freehold land register; and (b) cancel the particulars (other than particulars of easements, covenants and other dealings capable of being maintained against scheme land after termination of the scheme) recorded in the freehold land register about scheme land. ‘ (2) The termination takes effect when the registrar completes the action mentioned in subsection (1). ‘ (3) On the termination of the scheme, the registrar must create 1 or more indefeasible titles for all land that, immediately before the termination, was scheme land. ‘ (4) The registered owners for a title mentioned in subsection (3)— (a) are the persons ( “former owners” ) who, immediately before the scheme’s termination, were the owners of the scheme land; and (b) must be recorded as tenants in common in the shares proportionate to their respective interest schedule lot entitlements immediately before the termination. ‘ (5) If a lot included in the scheme was subject to a mortgage immediately before the scheme was terminated, the former owner’s interest in the land as tenant in common is subject to the mortgage. ‘Division 8—Amalgamating community titles schemes ‘115W Request to record amalgamation of schemes ‘ (1) A request to record the amalgamation of 2 or more community titles schemes ( “scheme A” and “scheme B” ) must be lodged. ‘ (2) The request must be— (a) signed by or for the body corporate for scheme A or scheme B; and (b) lodged by or for— (i) the bodies corporate for schemes A and B; or (ii) if the District Court made an order under the BCCM Act, section 82(3), for amalgamating the schemes—a person on whose application the court made the order.

s 152 158 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 ‘ (3) The request must be accompanied by each of the following— (a) a copy of each resolution, or the order, for the amalgamation of schemes A and B; (b) the community management statement intended to be recorded for the single, newly established, community titles scheme formed, or to be formed from the amalgamation ( “scheme C” ), showing the appropriate consents and notiﬁcations; (c) if schemes A and B are lots included in another community titles scheme and the existing statement for the other scheme is not consistent with the amalgamation of schemes A and B—a new community management statement for the other scheme; (d) any other instrument required under this Act. ‘115X Recording amalgamation of schemes ‘ (1) If the request to record the amalgamation of schemes A and B complies with the BCCM Act (including with an order of the District Court made under that Act about the amalgamation), the registrar must— (a) record the cancellation of the community management statements for schemes A and B; and (b) record the community management statement for scheme C and any other community management statement accompanying the request; and (c) register the amalgamation in the freehold land register. ‘ (2) The amalgamation takes effect when the registrar completes the action mentioned in subsection (1). ‘Division 9—Creating a layered arrangement of community titles schemes from basic schemes ‘115Y Request to record creation of layered arrangement ‘ (1) A request to record the creation of a layered arrangement of community titles schemes from 2 or more basic schemes (“ scheme A” and “scheme B” ) must be lodged. ‘ (2) The request must be—

s 152 159 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 152 No. 6, 2003 (a) signed by or for the body corporate for scheme A or scheme B; and (b) lodged by or for— (i) the bodies corporate for schemes A and B; or (ii) if the District Court made an order under the BCCM Act, section 86C(2), for creating the layered arrangement—a person on whose application the court made the order. ‘ (3) The request must be accompanied by each of the following— (a) a copy of each resolution, or the order, for the creation of the layered arrangement; (b) the community management statements intended to be recorded for schemes A and B and the principal scheme in the layered arrangement, showing the body corporate consents required under the BCCM Act, section 55 51 and the community management statement notations required under that Act, section 54; 52 (c) new community management statements for schemes A and B if the statements will no longer be accurate after the layered arrangement is created; (d) any other instrument required under this Act. ‘115Z Recording creation of layered arrangement ‘ (1) If the request to record the creation of the layered arrangement complies with the BCCM Act (including with an order of the District Court made under that Act about the layered arrangement), the registrar must— (a) record the community management statement for the principal scheme in the layered arrangement and any other community management statement accompanying the request; and (b) register any instrument required, under this Act, to be registered for the layered arrangement. 51 Section 55 (Body corporate to consent to recording of new statement) 52 BCCM Act, section 54 (Local government community management statement notation)

s 153 160 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 154 No. 6, 2003 ‘ (2) The creation of the layered arrangement takes effect when the registrar completes the action mentioned in subsection (1).’. 153 Amendment of s 154 (Lodging certiﬁcate of title) (1) Section 154(2)— insert — ‘(da)a request to register a charge created under an Act;’. (2) Section 154(2)(da) and (e)— renumber as section 154(e) and (f). 154 Insertion of new s 156A After section 156— insert — ‘156A Electronic communication of statutory declaration or afﬁdavit ‘ (1) A person is taken to have complied with a requirement under section 156(2) to give the registrar a statutory declaration or afﬁdavit (the “verifying document”) if the person gives a signed electronic form of the verifying document by electronic communication and— (a) having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the verifying document provided a reliable way of maintaining the integrity of the information it contained; and (b) when the communication was sent, it was reasonable to expect the information contained in the electronic form of the verifying document would be readily accessible so as to be useable for subsequent reference; and (c) the registrar consents to the electronic form of the verifying document being given by electronic communication. ‘ (2) The person is taken to have signed the electronic form of the verifying document if— (a) a method is used to identify the person and to indicate the person’s approval of the information communicated; and

s 155 161 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 156 No. 6, 2003 (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and (c) the registrar consents to the electronic form of the verifying document being signed by using the method mentioned in paragraph (a).’. 155 Amendment of s 166 (Destroying instrument in certain circumstances) (1) Section 166— insert — ‘ (1A) The registrar may authorise a person to destroy an instrument held in a place other than an ofﬁce of the department if the instrument— (a) was lodged at the place for evidencing, in the land registry, an interest; and (b) is evidence of an existing interest for which there is accurate evidence in the land registry.’. (2) Section 166(3), after ‘registrar’— insert — ‘, or person acting under an authority given under subsection (2),’. (3) Section 166(5), ‘power under subsection (1) is’— omit, insert — ‘powers under subsections (1) and (2) are’. (4) Subsections (1A) to (5)— renumber as subsections (2) to (6). 156 Amendment of sch 2 (Dictionary) (1) Schedule 2, deﬁnitions “common property”, “community titles scheme”, “scheme land” and “subsidiary scheme”— omit . (2) Schedule 2—

s 156 162 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 156 No. 6, 2003 insert — ‘ “basic scheme” see section 115B(5). “building format lot” means a lot on a building format plan of survey. “common property” see section 115B(2)(b). “community titles scheme” see section 115B(1). “community management statement” see the BCCM Act, section 13. “contribution schedule lot entitlement” see the BCCM Act, section 44. “electronic communication” means a communication of information in the form of data, text or images by guided or unguided electromagnetic energy. “included in” , in the context of the inclusion of a lot in a community titles scheme, see section 115C(4). “interest schedule lot entitlement” see the BCCM Act, section 44. “layered arrangement of community titles schemes” see section 115C. “principal scheme” see section 115C(1)(a). “scheme land” see section 115B(1)(a). “standard format lot” means a lot on a standard format plan of survey. “subsidiary scheme” see section 115C(3) “utility infrastructure” see the BCCM Act, schedule 4. “utility service” see the BCCM Act, schedule 4. “volumetric format lot” means a lot on a volumetric format plan of survey.’. (3) Schedule 2, deﬁnition “appropriate form”— insert — ‘(c) if the chief executive has given consent for an electronic form of the instrument under section 156A(1) or the ElectronicTransactions (Queensland) Act 2001 —the electronic form.’. (4) Schedule 2, deﬁnition “instrument”— insert — ‘(g) another document that may be deposited.’.

s 157 163 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 159 No. 6, 2003 PART 9—AMENDMENT OF MIXED USE DEVELOPMENT ACT 1993 157 Act amended in pt 9 This part amends the Mixed Use Development Act 1993. 158 Insertion of new s 214A After section 214— insert — ‘214A Dealing with disputes ‘Unless otherwise provided in this Act, a dispute about the operation of this Act or the rights and obligations of persons under this Act may be dealt with under the Building Units and Group Titles Act 1980 , part 5. 53 ’. 159 Insertion of new pt 13 After part 12— insert — ‘PART 13—VALIDATION ‘223 Declaration about resolution of disputes under Building Unitsand Group Titles Act 1980 ‘ (1) This section applies to all acts, matters and things done before the commencement of section 214A for the resolution, under the BuildingUnits and Group Titles Act 1980 , part 5, of a dispute about the operation of this Act or the rights and obligations of persons under this Act. ‘ (2) To remove any doubt, it is declared that the acts, matters and things are taken to be, and always to have been, as validly done as if they were done after the commencement.’. 53 Building Units and Group Titles Act 1980 , part 5 (Disputes)

s 160 164 Body Corporate and Community Management andOther Legislation Amendment Act 2003 s 162 No. 6, 2003 PART 10—AMENDMENT OF SANCTUARY COVE RESORT ACT 1985 160 Act amended in pt 10 This part amends the Sanctuary Cove Resort Act 1985. 161 Insertion of new s 104A Part 8— insert — ‘104A Dealing with disputes ‘Unless otherwise provided in this Act, a dispute about the operation of this Act or the rights and obligations of persons under this Act may be dealt with under the Building Units and Group Titles Act 1980 , part 5. 54 ’. 162 Insertion of new pt 9 After part 8— insert — ‘PART 9—VALIDATION ‘112 Declaration about resolution of disputes under Building Unitsand Group Titles Act 1980 ‘ (1) This section applies to all acts, matters and things done before the commencement of section 104A for the resolution, under the BuildingUnits and Group Titles Act 1980 , part 5, of a dispute about the operation of this Act or the rights and obligations of persons under this Act. ‘ (2) To remove any doubt, it is declared that the acts, matters and things are taken to be, and always to have been, as validly done as if they were done after the commencement.’. 54 Building Units and Group Titles Act 1980 , part 5 (Disputes)

165 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE MINOR AND CONSEQUENTIAL AMENDMENTS OF BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 section 3 1 Section 2— omit. 2 Section 6, ‘A’— omit, insert — ‘The’. 3 Sections 11(5), 26(1)(a), 29(3)(a), 37(2), 39(2)(a), 75(7), 277(2) and (3)(a), 281(2) and (3) and schedule 4, deﬁnitions “building format”, “deposit”, “indefeasible title”, “lodge”, “plan of subdivision”, “registered owner”, “registered proprietor”, “registrable lease”, “standard format”, and “volumetric format”, ‘ Land Title Act 1994 ’ — omit, insert — ‘Land Title Act’. 4 Section 12(1), example— omit, insert — ‘ Examples for subsection (1) — 1. An airconditioning unit might be bought by a body corporate as a body corporate asset, but become common property when it is installed as a ﬁxture. 2.A lot acquired by the body corporate under section 42 .’.

166 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 5 Section 12(2), ‘ Example ’— omit, insert — ‘ Examples for subsection (2) ’. 6 Section 21(3), after ‘ceiling’— insert — ‘, other than a false ceiling,’. 7 Section 22(3A) to (5)— renumber as section 22(4) to (6). 8 Chapter 2, part 1, division headings— omit . 9 Section 27(2), ‘by the registrar’— omit. 10 Sections 29(3)(a) and 39(2)(a), ‘consistent with the operation of’— omit, insert— ‘carried out under’. 11 Section 30, after ‘lots’, second mention— insert— ‘under the Land Title Act 1997 , part 6A,’.

167 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 12 Chapter 2, part 4, before section 37, as heading— insert — ‘Division 1—General provisions’. 13 Section 47, heading, after ‘schedule’— insert — ‘ —with agreement of owners of 2 or more lots ’. 14 Section 47(2), ‘with the registrar’— omit . 15 Section 47(3), ‘registered’— omit, insert — ‘recorded’. 16 Section 53(1), from ‘only’— omit, insert— ‘under the Land Title Act, section 115L(3). 55 ’. 17 Section 66, heading, before ‘easement’— insert — ‘ statutory ’. 55 LandTitle Act, section 115L (When registrar records community management statement)

168 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 18 Section 66, ‘an easement under this part’— omit, insert — ‘a statutory easement 56 ’. 19 Section 67, ‘easements under this part’— omit, insert — ‘statutory easements’. 20 Section 68, heading, ‘part’— omit, insert — ‘pt 9’. 21 Section 72, heading, ‘part’— omit, insert — ‘pt 10’. 22 Section 73, deﬁnition “termination issues”— relocate to schedule 4. 23 Section 73, as amended— omit . 24 Sections 74, 81 and 90, heading, ‘division’— omit, insert — ‘div 2’. 56 For other provisions about statutory easements, see the LandTitleAct, part 6A (Community titles schemes), division 5 (Statutory easements).

169 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 25 Section 86(1)(b)(i), ‘for an order’— omit. 26 Section 100(1), after ‘resolution’— insert — ‘, other than an ordinary resolution conducted by secret ballot’. 27 Chapter 3, part 2, division 1, heading— omit, insert— ‘Division 1—Body corporate manager and service contractor engagements and letting agent authorisations ’. 28 Section 108, deﬁnition “contract”, before ‘means’— insert— ‘, for chapter 3, part 2, division 4,’. 29 Section 108 deﬁnition “contractor”, before ‘means’— insert — ‘for chapter 3, part 2, division 4,’. 30 Section 108, deﬁnition “ﬁnancier”, before ‘see’— insert — ‘, for chapter 3, part 2, division 4,’. 31 Section 108, deﬁnitions “contract”, “contractor”, “ﬁnanced contract” and “ﬁnancier”, as amended— relocate to schedule 4.

170 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 32 Section 108, as amended— omit . 33 Section 132, deﬁnition “subsequent statement”— omit. 34 Section 132, deﬁnitions “agreed allocation” , “authorised allocation” and “reallocation agreement”— relocate to schedule 4. 35 Section 132, as amended— omit . 36 Section 183(1)— insert — ‘(ba)the adjustment of lot entitlement schedules; and’. 37 Section 183(1)(ba) and (c)— renumber as section 183(1)(c) and (d). 38 Section 185(2), ‘adjudicators’— omit, insert — ‘dispute resolution ofﬁcers’. 39 Section 185(3), ﬁrst dot point, ‘for orders’— omit .

171 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 40 Section 185(3), second dot point, ‘case management by the commissioner’— omit, insert — ‘dispute resolution recommendations’. 41 Section 185(3), third and fourth dot points— omit, insert — ‘• mediation, conciliation and adjudication’. 42 Section 188, from ‘for case’ to ‘order’— omit. 43 Chapter 6, part 4, heading, ‘FOR ORDERS’— omit. 44 Section 193(3)(a), ‘case management’— omit, insert — ‘dispute resolution’. 45 Section 195(1), from ‘case’— omit, insert — ‘dispute resolution recommendation under part 5.’. 46 Section 195(2), example, ‘order’— omit, insert — ‘ outcome ’.

172 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 47 Section 197(4) to (7)— omit . 48 Chapter 6, part 5, heading— omit, insert — ‘PART 5—DISPUTE RESOLUTION RECOMMENDATIONS’. 49 Section 204, heading, ‘part’— omit, insert — ‘pt 6’. 50 Section 204, from ‘an initial’ to ‘adjudicator’— omit, insert — ‘a dispute resolution recommendation for an application’. 51 Section 206(3)— omit . 52 Chapter 6, part 9, heading— omit, insert— ‘PART 9—ADJUDICATION GENERALLY ’. 53 Chapter 6, part 9, before section 217, as heading— insert — ‘Division 1—Preliminary’.

173 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 54 Chapter 6, part 9, before section 218, as heading— insert — ‘Division 2—Procedural matters about adjudication’. 55 Section 221A(1), from ‘section’ to ‘to’— omit, insert — ‘section 220A, to’. 56 Section 221A(2)— omit . 57 Section 222, ‘for’— omit, insert — ‘to’. 58 Chapter 6, part 10, heading— omit, insert — ‘Division 3—Adjudicator’s orders’. 59 Chapter 6, part 11, heading, after ‘OF’— insert — ‘ ADJUDICATOR’S ’. 60 Section 234(3), from ‘may’ to ‘order’, ﬁrst mention— omit, insert — ‘may, by order, appoint an administrator, and authorise the administrator to perform obligations, under the adjudicator’s order,’.

174 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 61 Section 236— renumber as section 232A and relocate to chapter 6, part 9, division 3 (as renumbered). 62 Section 238(3), ‘an adjudicator’s order’— omit, insert — ‘which the order was made’. 63 Section 238(4)(a), ‘an order of an adjudicator’— omit, insert — ‘which the adjudicator’s order was made’. 64 Section 240, ‘an adjudicator’s order’— omit, insert — ‘which the adjudicator’s order was made’. 65 Section 243, ‘with the registrar’— omit. 66 Section 248(4)(a), ‘(and any delegate of the body corporate) or from’— omit, insert — ‘, a body corporate manager to whom a power has been given under section 106 or 106A, or’. 67 Section 248(4)(b), ‘or delegates of the body corporate’— omit, insert — ‘of the body corporate or a body corporate manager mentioned in paragraph (a)’.

175 Body Corporate and Community Management and Other Legislation Amendment Act 2003 No. 6, 2003 SCHEDULE (continued) 68 Section 248(6), ‘a judgment debt’— omit, insert — ‘an enforceable money order’. 69 Section 259(2)(c)— omit . 70 Section 259(2)— insert — ‘(e) start a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6.’. 71 Section 259(2)(d) and (e)— renumber as section 259(2)(c) and (d). 72 Section 261, heading, ‘to judgment debts’— omit, insert — ‘ for monetary obligations ’. 73 Section 270, heading, ‘part’— omit, insert — ‘pt 1’. © State of Queensland 2003