Body Corporate and Community Management Regulation 2008 (QLD)

Body Corporate and Community Management Regulation 2008

1   Short title

This regulation may be cited as the Body Corporate and Community Management Regulation 2008.

2   Commencement

This regulation commences on 30 August 2008.

3   Fees

The fees payable under the Act are stated in schedule 1.

3A    Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).

Example for paragraph (a)—

If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.

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

(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.

5   Repeal

The Body Corporate and Community Management Regulation 1997, SL No. 211 is repealed.

Schedule 1 Fees

section 3

Fee units
1	Application under section 239 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	218.76
(b)  otherwise	104.10
2	Application under section 246 of the Act—
(a) to inspect an adjudication application made under section 239 of the Act, submissions made under section 243(2)(b) of the Actor replies to submissions made under section 244(2)(b) of the Act—
(i)  for each hour or part of an hour	18.90
(ii)  maximum fee payable for a day	74.20
(b) to be given copies of an adjudication application made under section 239 of the Act, submissions made under section 243(2)(b) of the Actor replies to submissions made under section 244(2)(b) of the Act, for each page—
(i)  for less than 20 pages	2.15
(ii)  for 20 to 50 pages	1.80
(iii)  for more than 50 pages	1.30
3	Application under section 299 of the Actfor information about a community titles scheme—
(a)  if the information is given to the applicant in person	19.50
(b)  if the information is posted to the applicant	22.70
(c)  if the information is faxed to the applicant	29.25