Body Corporate and Community Management and Other Legislation Amendment Regulation (No. 1) 2007 (Qld)

Queensland Body Corporate and Community Management and Other Legislation Amendment Regulation (No. 1) 2007 Subordinate Legislation 2007 No. 148 made under the Body Corporate and Community Management Act 1997 Building Units and Group Titles Act 1980 Contents Part 1 1 2 Part 2 3 4 5 6 Part 3 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Body Corporate and CommunityManagement (Accommodation Module) Regulation 1997 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new pt 3, div 5AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 5AA Removing committee voting member for breaching code of conduct—Act, section 101B 23AA Notice for breach of code of conduct . . . . . . . . . . . . . 3 23AB Removal of member at general meeting . . . . . . . . . . 4 Amendment of s 43 (Agenda for general meeting). . . . . . . . . . . . 5 Amendment of s 150 (Fee for information given to interested persons—Act, s 205) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Body Corporate and CommunityManagement (Commercial Module) Regulation 1997 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Insertion of new pt 3, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

9 Part 4 10 11 12 Part 5 13 14 15 16 Part 6 17 18 19 20 Part 7 21 22 2 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 Division 5A Removing committee voting member for breaching code of conduct—Act, section 101B 14A Notice for breach of code of conduct . . . . . . . . . . . . . 14B Removal of member at general meeting . . . . . . . . . . Amendment of s 131 (Fee for information given to interested persons—Act, s 205) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Body Corporate and Community Management Regulation 1997 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Waiver of application fee under the Act, s 239 . . . . . . Replacement of schedule (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . Schedule Fees Amendment of Body Corporate and CommunityManagement (Small Schemes Module) Regulation 1997 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Composition of committee) . . . . . . . . . . . . . Insertion of new pt 3, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5A Removing committee voting member for breaching code of conduct—Act, section 101B 14A Notice for breach of code of conduct . . . . . . . . . . . . . 14B Removal of member at general meeting . . . . . . . . . . Amendment of s 110 (Fee for information given to interested persons—Act, s 205) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Body Corporate and CommunityManagement (Standard Module) Regulation 1997 Regulation amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 3, div 5AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5AA Removing committee voting member for breaching code of conduct—Act, section 101B 25AA Notice for breach of code of conduct . . . . . . . . . . . . . 25AB Removal of member at general meeting . . . . . . . . . . Amendment of s 45 (Agenda for general meeting). . . . . . . . . . . . Amendment of s 151 (Fee for information given to interested persons—Act, s 205) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Building Units and Group Titles Regulation1998 Regulation amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 7 8 8 8 9 10 10 10 11 12 12 13 13 13 14 14 15 15 15

s1 3 s4 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 Part 1 Preliminary 1 Short title This regulation may be cited as the Body Corporate and Community Management and Other Legislation Amendment Regulation (No. 1) 2007 . 2 Commencement This regulation commences on 1 July 2007. Part 2 Amendment of Body Corporate and Community Management (Accommodation Module) Regulation 1997 3 Regulation amended in pt 2 This part amends the BodyCorporateandCommunityManagement (Accommodation Module) Regulation 1997. 4 Insertion of new pt 3, div 5AA After section 23— insert— ‘Division 5AA Removing committee voting member for breaching code of conduct—Act, section 101B ‘23AA Notice for breach of code of conduct ‘(1) If a body corporate believes a member of the body corporate’s committee who is a committee voting member has breached the code of conduct for the member, the body corporate may

s4 4 s4 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. ‘(2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate. ‘23AB Removal of member at general meeting ‘(1) This section applies if— (a) a body corporate gives a committee voting member a notice under section 23AA(1); and (b) the period mentioned in section 23AA(1)(c) for the notice has ended. ‘(2) The body corporate must— (a) include on the agenda of the next general meeting of the body corporate, called after the period mentioned in section 23AA(1)(c) ends, a motion to remove the

s5 5 s6 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 member from office for breaching the code of conduct for the member; and (b) attach to the agenda a copy of the notice given to the member. ‘(3) The member may be removed from office, by ordinary resolution, at the next general meeting mentioned in subsection (2)(a).’. 5 Amendment of s 43 (Agenda for general meeting) Section 43(4)— omit . 6 Amendment of s 150 (Fee for information given to interested persons—Act, s 205) (1) Section 150(1)(a)(i), ‘$11.00’— omit, insert— ‘$11.40’. (2) Section 150(1)(a)(ii), ‘$22.00’— omit, insert— ‘$22.70’. (3) Section 150(2), from ‘$43.50’ to ‘$10.90’— omit, insert— ‘$44.60, plus a priority fee of $16.80 if the certificate is required within 24 hours, plus a fee of $11.20’.

s7 6 s8 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 Part 3 Amendment of Body Corporate and Community Management (Commercial Module) Regulation 1997 7 Regulation amended in pt 3 This part amends the BodyCorporateandCommunityManagement (Commercial Module) Regulation 1997. 8 Insertion of new pt 3, div 5A After section 14— insert— ‘Division 5A Removing committee voting member for breaching code of conduct—Act, section 101B ‘14A Notice for breach of code of conduct ‘(1) If a body corporate believes a member of the body corporate’s committee who is a committee voting member has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a

s9 7 s9 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 written response under paragraph (c) to any other member of the body corporate; (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. ‘(2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate. ‘14B Removal of member at general meeting ‘(1) This section applies if— (a) a body corporate gives a committee voting member a notice under section 14A(1); and (b) the period mentioned in section 14A(1)(c) for the notice has ended. ‘(2) The body corporate must— (a) include on the agenda of the next general meeting of the body corporate, called after the period mentioned in section 14A(1)(c) ends, a motion to remove the member from office for breaching the code of conduct for the member; and (b) attach to the agenda a copy of the notice given to the member. ‘(3) The member may be removed from office, by ordinary resolution, at the next general meeting mentioned in subsection (2)(a).’. 9 Amendment of s 131 (Fee for information given to interested persons—Act, s 205) (1) Section 131(1)(a)(i), ‘$11.00’— omit, insert—

s 10 8 s 11 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 ‘$11.40’. (2) Section 131(1)(a)(ii), ‘$22.00’— omit, insert— ‘$22.70’. (3) Section 131(2), from ‘$43.50’ to ‘$10.90’— omit, insert— ‘$44.60, plus a priority fee of $16.80 if the certificate is required within 24 hours, plus a fee of $11.20’. Part 4 Amendment of Body Corporate and Community Management Regulation 1997 10 Regulation amended in pt 4 This part amends the Body Corporate and Community Management Regulation 1997. 11 Insertion of new s 4 After section 3— insert— ‘4 Waiver of application fee under the Act, s 239 ‘(1) A person may apply to the commissioner for waiver of the fee prescribed for section 239(1)(c) of the Act. ‘(2) The application must be made in the approved form. ‘(3) For section 239(3) of the Act, the commissioner, in deciding whether payment of the fee would cause an applicant who is an individual financial hardship— (a) may consider whether the applicant holds a concession card; and

s 12 9 s 12 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 (b) may require the applicant to provide documentary evidence to support the application. Example of documentary evidence — a concession card ‘(4) In this section— concession card means— (a) a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth); or (b) a pensioner concession card issued by the Commonwealth Department of Veterans’ Affairs.’. 12 Replacement of schedule (Fees) Schedule— omit, insert— ‘Schedule Fees section 3 1 Application under section 238 of the Act— (a) if the application includes a request for the commissioner to consider whether an interim order should be considered by an adjudicator. . . . . . . . . . . . (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Application under section 246 of the Act— (a) to inspect an application under section 238 of the Act, submissions under section 243(2)(b) of the Act or replies to submissions under section 244(2)(b) of the Act— (i) for each hour or part of an hour . . . . . . . . . . . . . . . (ii) maximum fee payable for a day. . . . . . . . . . . . . . . $ 118.00 57.00 11.70 47.60

s 13 10 s 15 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 $ (b) to be given copies of an application under section 238 of the Act, submissions under section 243(2)(b) of the Act or replies to submissions under section 244(2)(b) of the Act, for each page— (i) for less than 20 pages . . . . . . . . . . . . . . . . . . . . . . . 1.40 (ii) for 20 to 50 pages. . . . . . . . . . . . . . . . . . . . . . . . . . 1.20 (iii) for more than 50 pages 1.00 3 Application under section 299 of the Act for information about a community titles scheme— (a) if the information is given to the applicant in person . 12.20 (b) if the information is posted to the applicant . . . . . . . . 14.90 (c) if the information is faxed to the applicant . . . . . . . . . 18.90’. Part 5 Amendment of Body Corporate and Community Management (Small Schemes Module) Regulation 1997 13 Regulation amended in pt 5 This part amends the BodyCorporateandCommunityManagement (Small Schemes Module) Regulation 1997. 14 Amendment of s 10 (Composition of committee) Section 10— insert— ‘(4) A person who is a member of the committee is a voting member of the committee.’. 15 Insertion of new pt 3, div 5A After section 14—

s 15 11 s 15 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 insert— ‘Division 5A Removing committee voting member for breaching code of conduct—Act, section 101B ‘14A Notice for breach of code of conduct ‘(1) If a body corporate believes a member of the body corporate’s committee who is a committee voting member has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. ‘(2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate.

s 16 12 s 16 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 ‘14B Removal of member at general meeting ‘(1) This section applies if— (a) a body corporate gives a committee voting member a notice under section 14A(1); and (b) the period mentioned in section 14A(1)(c) for the notice has ended. ‘(2) The body corporate must— (a) include on the agenda of the next general meeting of the body corporate, called after the period mentioned in section 14A(1)(c) ends, a motion to remove the member from office for breaching the code of conduct for the member; and (b) attach to the agenda a copy of the notice given to the member. ‘(3) The member may be removed from office, by ordinary resolution, at the next general meeting mentioned in subsection (2)(a).’. 16 Amendment of s 110 (Fee for information given to interested persons—Act, s 205) (1) Section 110(1)(a)(i), ‘$11.00’— omit, insert— ‘$11.40’. (2) Section 110(1)(a)(ii), ‘$22.00’— omit, insert— ‘$22.70’. (3) Section 110(2), from ‘$43.50’ to ‘$10.90’— omit, insert— ‘$44.60, plus a priority fee of $16.80 if the certificate is required within 24 hours, plus a fee of $11.20’.

s 17 13 s 18 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 Part 6 Amendment of Body Corporate and Community Management (Standard Module) Regulation 1997 17 Regulation amended in pt 6 This part amends the BodyCorporateandCommunityManagement (Standard Module) Regulation 1997. 18 Insertion of new pt 3, div 5AA After section 25— insert— ‘Division 5AA Removing committee voting member for breaching code of conduct—Act, section 101B ‘25AA Notice for breach of code of conduct ‘(1) If a body corporate believes a member of the body corporate’s committee who is a committee voting member has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a

s 19 14 s 19 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 written response under paragraph (c) to any other member of the body corporate; (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. ‘(2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate. ‘25AB Removal of member at general meeting ‘(1) This section applies if— (a) a body corporate gives a committee voting member a notice under section 25AA(1); and (b) the period mentioned in section 25AA(1)(c) for the notice has ended. ‘(2) The body corporate must— (a) include on the agenda of the next general meeting of the body corporate, called after the period mentioned in section 25AA(1)(c) ends, a motion to remove the member from office for breaching the code of conduct for the member; and (b) attach to the agenda a copy of the notice given to the member. ‘(3) The member may be removed from office, by ordinary resolution, at the next general meeting mentioned in subsection (2)(a).’. 19 Amendment of s 45 (Agenda for general meeting) Section 45(4)— omit.

s 20 15 s 22 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 20 Amendment of s 151 (Fee for information given to interested persons—Act, s 205) (1) Section 151(1)(a)(i), ‘$11.00’— omit, insert— ‘$11.40’. (2) Section 151(1)(a)(ii), ‘$22.00’— omit, insert— ‘$22.70’. (3) Section 151(2), from ‘$43.50’ to ‘$10.90’— omit, insert— ‘$44.60, plus a priority fee of $16.80 if the certificate is required within 24 hours, plus a fee of $11.20’. Part 7 Amendment of Building Units and Group Titles Regulation 1998 21 Regulation amended in pt 7 This part amends the BuildingUnitsandGroupTitlesRegulation 1998. 22 Amendment of sch 3 (Fees) Schedule 3, parts 2 and 3— omit, insert—

s 22 16 s 22 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 ‘Part 2 Fees payable to the referee $ 8 Application for an order as mentioned in section 41(2) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.00 9 Application for an order as mentioned in section 77(1) of the Act— (a) if the applicant requests an interim order as mentioned in section 76(2) of the Act . . . . . . . . . . . . . 118.00 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.00 10 Issuing a summons under section 103(1) of the Act . . . . . . 57.00 11 Lodging a notice of appeal under section 106(1) of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.00 12 Making an inquiry as mentioned in section 117 of the Act— (a) if the reply is collected from the referee . . . . . . . . . . . 12.20 (b) if the reply is posted to the inquirer . . . . . . . . . . . . . . . 14.90 (c) if the reply is sent by facsimile to the inquirer . . . . . . 18.90 ‘Part 3 Fees payable to a body corporate $ 13 Giving information under section 40(1)(a) of the Act. . . . . 24.60 14 Making documents available for inspection under section 40(1)(b) of the Act— (a) if the applicant is a person mentioned in section 40(5), definition prescribed person , paragraph (a), of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.20 (b) if the applicant is a person mentioned in section 40(5), definition prescribed person , paragraph (b), of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.60

s 22 17 s 22 Body Corporate and Community Management and No. 148, 2007 Other Legislation Amendment Regulation (No. 1) 2007 $ 15 Giving a certificate under section 40(1)(c) of the Act— (a) if the applicant asks to be given the certificate and is given the certificate within 24 hours after it is requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67.50 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49.20 16 Additional fee for sending a certificate mentioned in item 15 by facsimile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.20 17 Giving a copy of the by-laws under section 40(1)(d) of the Act— (a) if the body corporate giving the by-laws has decided a fee of less than $1.00 . . . . . . . . . . . . . . . . . . . . . . . . . . the decided fee (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.20’. ENDNOTES 1 Made by the Governor in Council on 28 June 2007. 2 Notified in the gazette on 29 June 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Tourism, Fair Trading and Wine Industry Development. © State of Queensland 2007