Community Land Management Act 1989 (NSW)
This Act is to be repealed on the commencement of sec 237(a) of the Community Land Management Act 2021 No 7 (not commenced).
Sec 122A(5) of this Act (sec 122A(5) repeals sec 122A on 31.3.2022)
An Act to provide for the management of community schemes, precinct schemes and neighbourhood schemes established by the subdivision of land under the Community Land Development Act 1989; and for other purposes.
This Act may be cited as the Community Land Management Act 1989.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) is lodged for registration as a current plan, and
(b) shows the parts of lots and association property within a scheme that are to be purchased by a resuming authority under section 34 of the Community Land Development Act 1989.
(a) in relation to a community scheme—the community property in the scheme, or
(b) in relation to a precinct scheme—the precinct property in the scheme, or
(c) in relation to a neighbourhood scheme—the neighbourhood property in the scheme.
(a) in relation to a scheme other than a strata scheme—by-laws included in the management statement in force for the scheme, or
(b) in relation to a strata scheme—by-laws in force for the scheme under the Strata Schemes Management Act 2015.
(a) is constituted under section 25 of the Community Land Development Act 1989 on the registration under that Act of a community plan, and
(b) is established as a community association by section 5.
(a) the manner of subdivision of land by a community plan, and
(b) if land in the community plan is subdivided by a precinct plan—the manner of subdivision of the land by the precinct plan, and
(c) the manner of subdivision of land in the community plan, or of land in such a precinct plan, by a neighbourhood plan or a strata plan, and
(d) the proposals in any related development contract, and
(e) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Development Act 1989 and the Strata Schemes Development Act 2015 in relation to the community association, its community property, the subsidiary schemes and persons having interests in, or occupying, development lots and lots in the subsidiary schemes.
(a) in relation to a community scheme—the person who, for the time being, is the registered proprietor of a community development lot in the community plan, or
(b) in relation to a precinct scheme—the person who, for the time being, is the registered proprietor of a precinct development lot in the precinct plan, or
(c) in relation to a neighbourhood scheme—the original proprietor of the neighbourhood parcel.
(a) the erection of a building on the land, or
(b) the carrying out of a work in, on, under or over the land, or
(c) the use of the land or of a building or work on the land, or
(d) the subdivision of the land,
not excluded by regulations under the Environmental Planning and Assessment Act
1979 from the definition of
(a) a strata scheme—the initial period defined in the Strata Schemes Management Act 2015, or
(b) a neighbourhood scheme—the period that commences when the neighbourhood association is constituted and ends when the sum of the unit entitlements of lots in the neighbourhood scheme of which the original proprietor is not the proprietor is at least one-third of the total unit entitlement under the neighbourhood scheme, or
(c) a precinct scheme—the period that commences when the precinct association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the precinct scheme, or
(d) a community scheme—the period that commences when the community association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the community scheme.
(a) is a lot or portion, or 2 or more lots or portions, in a current plan, or
(b) is land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919, or
(c) is land referred to in both paragraph (a) and paragraph (b).
(a) is constituted under section 25 of the Community Land Development Act 1989 on the registration of a neighbourhood plan, and
(b) is established as a neighbourhood association by section 7.
(a) for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 2 or more different neighbourhood lots, or
(b) for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 1 or more different neighbourhood lots and related neighbourhood property, or
(c) for the subdivision of 1 or more neighbourhood lots and neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more different neighbourhood lots and related neighbourhood property, or
(d) for the subdivision of neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more neighbourhood lots and related neighbourhood property.
(a) the manner of subdivision of land by a neighbourhood plan, and
(b) the proposals in any related development contract, and
(c) the rights conferred, and the obligations imposed, by or under this Act and the Community Land Development Act 1989 in relation to the neighbourhood association, the neighbourhood property and the proprietors and other persons having interests in, or occupying, the neighbourhood lots.
(a) except on a poll—by a majority in number of the votes cast, or
(b) on a poll—by a majority in value of the votes cast.
(a) constituted by section 25 of the Community Land Development Act 1989 on the registration of a precinct plan, and
(b) established as a precinct association by section 6 of this Act.
(a) the manner of subdivision of land by a precinct plan, and
(b) the manner of subdivision of land in the precinct plan by a neighbourhood plan or a strata plan, and
(c) the proposals in any related development contract, and
(d) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Development Act 1989 and the Strata Schemes Development Act 2015 in relation to the precinct association, its precinct property, the subsidiary schemes and persons having interests in, or occupying, development lots, neighbourhood lots and strata lots in subsidiary schemes.
(a) a person for the time being recorded in the Register as entitled to an estate in fee simple in the lot, or
(b) a person who has in the lot an interest referred to in section 47 of which notice has been given under that section to an association.
(a) association property of which the use is restricted by a management statement, or
(b) common property of which the use is restricted by by-laws in force under the strata scheme of which it forms part.
(a) the Commissioner for Fair Trading, Department of Finance, Services and Innovation, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Finance, Services and Innovation.
(a) that is passed at a duly convened meeting of a community association and against which not more than one-quarter in value (ascertained in accordance with clause 12 of Schedule 5 or clause 15 of Schedule 6) of votes is cast, or
(b) that is passed at a duly convened meeting of a precinct association and against which not more than one-quarter in value (ascertained in accordance with clause 26 of Schedule 5 or clause 35 of Schedule 6) of votes is cast, or
(c) that is passed at a duly convened meeting of a neighbourhood association and against which not more than one-quarter in value (ascertained in accordance with clause 40 of Schedule 5 or clause 55 of Schedule 6) of votes is cast, or
(d) that is a special resolution within the meaning of the Strata Schemes Management Act 2015.
(a) is created by this or any other Act or a Commonwealth Act, and
(b) affects land in a community plan, a precinct plan, a neighbourhood plan or a strata plan, and
(c) is enforceable against a proprietor, an association or a strata corporation,
whether or not it has been recorded in the Register.
(a) a strata scheme under the Strata Schemes Development Act 2015 that includes common property and is part of a community scheme, and
(b) the proposals in any related development contract, and
(c) the rights conferred, and the obligations imposed, by or under the Strata Schemes Development Act 2015, this Act and the Community Land Development Act 1989 in relation to the scheme.
(a) in relation to a community scheme—the precinct association, neighbourhood association or strata corporation constituted under a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) in relation to a precinct scheme—the neighbourhood association or strata corporation constituted under a neighbourhood scheme or strata scheme that is part of the precinct scheme.
(a) in relation to a community scheme—a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) in relation to a precinct scheme—a neighbourhood scheme or strata scheme that is part of the precinct scheme.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
This Act is to be interpreted as part of the Real Property Act 1900, but, if there is an inconsistency between them, this Act prevails.
For the purposes of this Act, land is contiguous even if it is divided by, or separated from other land by, a natural feature, a railway, a public road, a public reserve or a drainage reserve.
A reference in this Act to a development consent, a development contract, a community management statement, a precinct management statement or a neighbourhood management statement includes a reference to the consent, contract or statement as modified or amended from time to time.
In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.
Notes included in this Act are explanatory notes and do not form part of this Act.
This Act binds the Crown except in relation to a requirement to obtain an approval, consent or certificate from a consent authority.
The corporation that—
(a) is constituted under the Community Land Development Act 1989 by the registration of a community plan as a deposited plan, and
(b) has for its corporate name “Community Association D.P. No ” (the number inserted being that of the deposited plan),
is a community association for the purposes of this or any other Act.
The corporation has for its members—
(a) the proprietor of each community development lot in the community plan that has not become subject to a subsidiary scheme, and
(b) the precinct association constituted if such a development lot becomes subject to a precinct scheme, and
(c) the neighbourhood association constituted if such a development lot becomes subject to a neighbourhood scheme, and
(d) the strata corporation constituted if such a development lot becomes subject to a strata scheme.
Section 50 (1) (d) of the Interpretation Act 1987 does not apply to a community association.
A community association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.
This subsection ensures that neither the Corporations Act 2001 nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to a community association. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to those Acts, then the provisions of those Acts will not apply in relation to that matter in the State concerned.
A community association has the functions conferred or imposed on it by Schedule 1, by other provisions of this Act and by any other Act.
The corporation that—
(a) is constituted under the Community Land Development Act 1989 by the registration of a precinct plan as a deposited plan, and
(b) has for its corporate name “Precinct Association D.P. No ” (the number inserted being that of the deposited plan),
is a precinct association for the purposes of this or any other Act.
The corporation has for its members—
(a) the proprietor of each precinct development lot in the precinct plan that has not become subject to a subsidiary scheme, and
(b) the neighbourhood association constituted if such a development lot becomes subject to a neighbourhood scheme, and
(c) the strata corporation constituted if such a development lot becomes subject to a strata scheme.
Section 50 (1) (d) of the Interpretation Act 1987 does not apply to a precinct association.
A precinct association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.
This subsection ensures that neither the Corporations Act 2001 nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to a precinct association. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to those Acts, then the provisions of those Acts will not apply in relation to that matter in the State concerned.
A precinct association has the functions conferred or imposed on it by Schedule 1, by other provisions of this Act and by any other Act.
The corporation that—
(a) is constituted under the Community Land Development Act 1989 by the registration of a neighbourhood plan as a deposited plan, and
(b) has for its corporate name “Neighbourhood Association D.P. No ” (the number inserted being that of the deposited plan),
is a neighbourhood association for the purposes of this or any other Act.
The corporation has for its members the proprietors of the neighbourhood lots in the neighbourhood plan.
Section 50 (1) (d) of the Interpretation Act 1987 does not apply to a neighbourhood association.
A neighbourhood association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.
This subsection ensures that neither the Corporations Act 2001 nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to a neighbourhood association. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to those Acts, then the provisions of those Acts will not apply in relation to that matter in the State concerned.
A neighbourhood association has the functions conferred or imposed on it by Schedule 1, by other provisions of this Act and by any other Act.
If an association has only 1 member, the seal of the association must be kept—
(a) by the member, or
(b) by the managing agent (if any).
If an association has 2 or more members, the seal of the association must be kept—
(a) by a member who is nominated by the association for the purpose, or
(b) by the managing agent (if any).
If an association has only 1 member, the seal of the association may not be affixed except in the presence of—
(a) the member, or
(b) the managing agent (if any).
If an association has 2 or more members, the seal of the association may not be affixed except in the presence of—
(a) its members, if it has only 2, or
(b) the prescribed persons, or
(c) the managing agent (if any).
A managing agent is entitled to custody of the seal of an association only to permit the exercise of functions delegated to the managing agent.
The affixing to an instrument by a managing agent of the seal of an association must be presumed to have been affixed under a delegation from the association unless the presumption operates to enable a person to fraudulently obtain a benefit.
For the purposes of subsection (6), a person does not fraudulently obtain a benefit if the benefit was, without any fraud by the person, obtained before the seal was affixed.
The seal of the association must be in the approved form and is not duly affixed unless the fact and date of its being affixed are attested by the signature of the person or persons in whose presence it is affixed in accordance with this section.
The provisions of section 50 (2) and (3) of the Interpretation Act 1987 relating to the seal of a statutory corporation do not apply to an association.
In this section—
(a) 2 persons nominated by the association, each of whom is a member of the association, or
(b) in the absence of nominations—the secretary and a member of the executive committee.
The person who is, or was, the original proprietor of land subdivided by a community plan, precinct plan or neighbourhood plan must, within 2 months after expiration of the initial period for the association constituted by registration of the plan, convene and hold a general meeting of the association as prescribed.
A person who fails to comply with subsection (1) is guilty of an offence.
Maximum penalty—10 penalty units.
The person who is, or was, the original proprietor is guilty of an offence unless, at the meeting, there is delivered to the association—
(a) all plans, specifications, certificates, diagrams, policies of insurance and other documents relating to the community parcel, precinct parcel or neighbourhood parcel that have been obtained or received by the original proprietor, and
(b) any agreements entered into by the original proprietor with respect to the construction, preparation or maintenance of association property, and
(c) a copy of any development contract relating to the scheme under which it is constituted as an association, and
(d) a copy of the diagram illustrating the situation of all service lines referred to in section 36 of the Community Land Development Act 1989 that have been installed within the scheme under which the association is constituted, and
(e) (Repealed)
(f) the accounting records kept, and the latest financial statements prepared, as required by this Act.
Maximum penalty—10 penalty units.
Subsection (3) does not apply to documents that exclusively evidence rights or obligations of the original proprietor and are not capable of being used for the benefit of the association, a subsidiary body or the proprietor, other than the original proprietor, of a development lot, neighbourhood lot or strata lot.
The first annual general meeting of an association is the meeting required to be convened and held by the original proprietor under section 9 or, if the original proprietor does not convene the meeting or, having convened the meeting, does not hold it—
(a) the first annual general meeting held in accordance with an order of an Adjudicator under section 11, or
(b) if no application for such an order is made—the first meeting of the association, however convened and whenever held, that has the agenda specified in clause 3 of Schedule 5 in the case of a community association, clause 17 of Schedule 5 in the case of a precinct association or clause 31 of Schedule 5 in the case of a neighbourhood association.
Schedule 5 has effect in relation to the first annual general meeting of an association.
If the original proprietor does not convene the first annual general meeting of an association or, having convened the meeting, does not hold it, an Adjudicator may, on application by—
(a) the association, or
(b) a member of the association, or
(c) a mortgagee or covenant chargee of a development lot, neighbourhood lot or strata lot within the relevant scheme,
by order appoint a person nominated by the applicant to convene and hold the first annual general meeting of the association within a specified time.
If there is not an executive committee of an association at any time after the first annual general meeting, an Adjudicator may by order appoint a person to convene and hold a meeting of the association within a specified time to elect the executive committee.
If, at any time after the first annual general meeting, there is no chairperson, secretary and treasurer of the executive committee of an association, an Adjudicator may by order appoint a person to convene and hold a meeting of the committee within a specified time to elect the officers.
A meeting may be ordered under subsection (2) or (3) on the application of—
(a) a subsidiary body within the community scheme or precinct scheme, or
(b) the proprietor, or a mortgagee or covenant chargee, of a development lot, neighbourhood lot or strata lot within the community scheme.
The election of an executive committee under subsection (2) has effect as if it had taken place at the first annual general meeting.
An order by an Adjudicator may provide—
(a) for the appointed person to have the functions of chairperson at the meeting, and
(b) for notice of the meeting to be given as specified, and
(c) for ancillary matters,
and the order has effect even if it departs from Schedule 5 or 6.
The convening and holding of a meeting under this section or otherwise is not a defence to a prosecution of an original proprietor for an offence under section 9.
An association—
(a) must, after the first annual general meeting, hold annual general meetings as provided by Schedule 6, and
(b) may, before or after the first annual general meeting, hold special general meetings as provided by Schedule 6.
A community management statement is binding on—
(a) the community association, and
(b) each subsidiary body within the community scheme, and
(c) each person who is the proprietor, lessee or occupier, or the mortgagee or covenant chargee in possession, of a development lot, neighbourhood lot or strata lot within the community scheme.
A precinct management statement is binding on—
(a) the precinct association, and
(b) each subsidiary body within the precinct scheme, and
(c) each person who is the proprietor, lessee or occupier, or the mortgagee or covenant chargee in possession, of a precinct development lot, neighbourhood lot or strata lot within the precinct scheme.
A neighbourhood management statement is binding on—
(a) the neighbourhood association, and
(b) each person who is the proprietor, lessee or occupier, or the mortgagee or covenant chargee in possession of, a neighbourhood lot within the neighbourhood scheme.
Subsections (1)–(3) have effect as if, in each case—
(a) the management statement included mutual covenants to observe its provisions entered into by the persons bound by it, and
(b) the persons so bound had executed the management statement under seal.
An association may serve a notice, in a form approved by the Secretary, on the proprietor or occupier of a lot requiring the proprietor or occupier to comply with a specified provision of the by-laws if the association is satisfied that the proprietor or occupier has contravened that provision.
A person may be fined by the Tribunal for failing to comply with a notice under this section (see section 97C).
Except as provided by subsection (2), an association may amend its management statement in relation to the control, management, administration, use and enjoyment of the lots, or of the association property.
A management statement may not be amended—
(a) in a manner inconsistent with any restriction imposed by this Act on the making of the amendment, or
(b) in a manner that would make the management statement inconsistent with this Act or the Community Land Development Act 1989.
An amendment requires—
(a) a unanimous resolution if the amendment would affect by-laws made under section 17 to control or preserve the essence or theme of the scheme to which they relate, or
(b) a unanimous resolution if the amendment would affect a by-law the terms of which have effect because they are the terms of an order by the Tribunal, or
(c) in any other case—a special resolution.
An amendment has no effect until it is registered.
Lodgment of an amendment cannot be accepted later than 2 months after the passing of the resolution making the amendment.
If a development contract is registered with a community plan, it has effect as if it included an agreement under seal with covenants to the effect of those set out in Part 1 of Schedule 2.
If a development contract is registered with a precinct plan, it has effect as if it included an agreement under seal with covenants to the effect of those set out in Part 2 of Schedule 2.
The development contract registered with a neighbourhood plan has effect as if it included an agreement under seal with covenants to the effect of those set out in Part 3 of Schedule 2.
Any attempt to exclude, modify or restrict the operation of the covenants is void.
The covenants do not affect any right or remedy a person has otherwise than under the covenants.
A covenant does not merge in a transfer.
Part 4 (which relates to disputes) does not apply to matters arising under the covenants.
A development contract may be amended by the developer but any such amendment is ineffective unless—
(a) this section has been complied with in relation to the amendment, and
(b) the amendment is registered.
A proposed amendment that involves a change in the basic architectural or landscaping design of the development, or in its essence or theme, may not be made unless it is approved—
(a) by the consent authority, and
(b) unless the developer is the only member of the association—by unanimous resolution of each association and strata corporation that is a party to the development contract.
An amendment proposed in order to give effect to—
(a) a change in the law, or
(b) a change in the requirements of the consent authority,
may not be made unless it is approved by the consent authority and notified to each association that is a party to the development contract.
Any other proposed amendment that would require a change in the terms of the development consent may not be made unless it is approved—
(a) by the consent authority, and
(b) by a special resolution of each association and strata corporation that is a party to the contract.
Any other proposed amendment that would not require a change in the terms of the development consent may be made only if—
(a) it is approved by the consent authority and by an ordinary resolution of each association and strata corporation that is a party to the development contract, and
(b) the application for registration is accompanied by a certificate of the consent authority to the effect that a change in the terms of the development consent is not required.
For the purposes of this section, an approval given under section 107 by the Land and Environment Court to an amendment of a development contract has the same effect as an approval of the amendment duly given under this section by an association or strata corporation.
A consent authority that approves an amendment of a development contract must provide the applicant for the approval with a copy of the instruments, plans and drawings that describe and illustrate the amendment and a certificate to the effect—
(a) that the copy describes and illustrates the approved amendment, and
(b) that the development contract, if amended as approved by the authority, would not be inconsistent with the related development consent.
The by-laws for a scheme may relate to the control or preservation of the essence or theme of the development under the scheme by—
(a) limiting occupancy under the scheme to persons of a particular description, or
(b) fixing the architectural, building or landscaping styles to be permitted, or
(c) limiting the kind of materials that may be used in buildings and other structures, or
(d) requiring that specified association property be used only for particular purposes, or
(e) imposing any other kind of restriction.
If a by-law made in accordance with subsection (1) is identified in the by-laws as relating to the control and preservation of the essence or theme of the scheme to which it relates, it may be amended or revoked only by a unanimous resolution of the association, or the strata corporation, constituted under the scheme.
In a lease of a community development lot or a lease of community property there is implied an agreement by the lessee to comply with the community management statement.
In a lease of a precinct development lot or a lease of precinct property there is implied an agreement by the lessee to comply—
(a) with the precinct management statement, and
(b) with the community management statement for the community scheme of which the precinct scheme forms part.
In a lease of a neighbourhood lot or neighbourhood property there is implied an agreement by the lessee to comply—
(a) with the neighbourhood management statement, and
(b) if the neighbourhood scheme is part of a precinct scheme—with the precinct management statement, and
(c) if the neighbourhood scheme is part of a community scheme (whether or not as part of a precinct scheme)—with the community management statement.
If—
(a) a lessee of association property is not a member of the association, or
(b) a lessee of a development lot is not a member of the community association or precinct association for which the lot is a development lot, or
(c) a lessee of a neighbourhood lot is not a member of the neighbourhood association,
the lessor is guilty of an offence unless a copy of the management statement the subject of the implied agreement by the lessee under section 18 was annexed to the copy of the lease submitted for execution by the lessor.
Maximum penalty—1 penalty unit.
An association may levy a contribution payable to it by a member under Part 4 of Schedule 1 by serving on the member a written notice of the contribution payable.
A precinct association may not levy a contribution payable by a subsidiary body without including in the notice under subsection (1) a statement of—
(a) the amounts of any regular periodic contributions required to be made by the precinct association to the administrative fund, and the sinking fund, of the community association of which the precinct association is a member, and
(b) the dates on which those contributions are required to be paid, and
(c) the amount of any such contribution that is unpaid when the notice is served.
The contribution to be paid to a community association by each of its members is the amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the community scheme—
(a) if the member is the proprietor of a community development lot—by the unit entitlement for the development lot, or
(b) if the member is a precinct association—by the unit entitlement for the former community development lot the subject of the precinct scheme, or
(c) if the member is a neighbourhood association or a strata corporation—by the unit entitlement for the former community development lot the subject of the neighbourhood scheme or strata scheme.
The contribution to be paid to a precinct association by each of its members is the amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the precinct scheme—
(a) if the member is the proprietor of a precinct development lot that is not the subject of a subsidiary scheme—by the unit entitlement for the development lot, or
(b) if the member is a neighbourhood association or a strata corporation—by the unit entitlement for the former precinct development lot the subject of the neighbourhood scheme or strata scheme.
The contribution to be paid to a neighbourhood association by the proprietor of each neighbourhood lot is an amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the neighbourhood scheme by the unit entitlement for the neighbourhood lot.
If, at the time a person becomes the proprietor of a development lot or a neighbourhood lot, another person is liable in respect of the lot to pay a contribution, the proprietor is jointly and severally liable with the other person for the payment of the contribution and of any interest on the contribution.
If, at the time a development lot becomes subject to a precinct scheme, a neighbourhood scheme or a strata scheme, the proprietor of the development lot was liable in respect of the lot to pay a contribution or interest or both, the precinct association, neighbourhood association or strata corporation is jointly and severally liable with the proprietor for the payment.
Subsections (6) and (7) do not apply in relation to a contribution or interest that is not payable because it should have been, but was not, disclosed in a certificate given under clause 2 of Schedule 4.
A mortgagee or covenant chargee in possession of a development lot or a neighbourhood lot is jointly and severally liable with the proprietor of the lot—
(a) for any contributions to the administrative fund or sinking fund by regular periodic instalments, and
(b) for any other contribution if the mortgagee or covenant chargee has been given written notice of the levy of the contribution, and
(c) for interest on any of those contributions.
A contribution is due and payable as directed by the association when deciding to make the levy.
(Repealed)
The amount of a contribution, together with any interest—
(a) is recoverable by the association as a debt, and
(b) forms part of the fund to which the contribution is payable.
A contribution, if not paid at the end of one month after it becomes due and payable, bears until paid simple interest at an annual rate of 10 per cent or, if the regulations provide for another rate, that other rate.
However, an association may by special resolution determine (either generally or in a particular case) that a contribution is to bear no interest.
An association may, by special resolution, determine (either generally or in a particular case) that a person may pay 10 per cent less of a contribution levied if the person pays the contribution before the date on which it becomes due and payable.
An association may change its address for service of notices—
(a) by deciding in general meeting to make the change, and
(b) by lodging with the Registrar-General a notice in a form approved by the Registrar-General, and
(c) if it is a precinct association—by giving written notice of the change to the community association of which it is a member, and
(d) if it is a neighbourhood association within a community scheme—by giving written notice of the change to the community association and, if it is a member of a precinct association, to the precinct association.
A change of address does not take effect until it is recorded in the folio for the association property.
A community association may agree with the proprietor or occupier of a development lot, a neighbourhood lot or a strata lot within the community scheme, to provide amenities or services to the lot or to the proprietor or occupier.
A precinct association may agree with the proprietor of a precinct development lot, a neighbourhood lot or a strata lot within the precinct scheme to provide amenities or services to the lot or to the proprietor or occupier.
A neighbourhood association may agree with the proprietor or occupier of a neighbourhood lot to provide amenities or services to the lot or to the proprietor or occupier.
During the initial period for its related scheme, an association may not, unless an order made under subsection (4) otherwise provides—
(a) incur a debt of an amount in excess of the amount then available for repayment of the debt from the administrative fund or sinking fund, or
(b) borrow money or give security for the repayment of money, or
(c) make, amend or repeal a by-law creating restricted property.
During the initial period for a neighbourhood scheme, the neighbourhood association may not, unless an order made under subsection (4) otherwise provides—
(a) grant a lease of neighbourhood property, or
(b) create an easement burdening land within the neighbourhood scheme or a restriction on the use of any such land, or
(c) release an easement, or a restriction on the use of land, that benefits neighbourhood property, or
(d) dedicate association property, or
(e) transfer neighbourhood property except by way of sale to a resuming authority under section 34 of the Community Land Development Act 1989, or
(f) erect a structure on neighbourhood property, or
(g) subdivide or create neighbourhood property.
During the initial period for a scheme, a developer may not, unless an order made under subsection (4) otherwise provides—
(a) convert to association property a neighbourhood lot within the scheme, or
(b) subdivide a neighbourhood lot within the scheme.
A restriction imposed by subsection (1), (2) or (3) may be waived, varied or extinguished by order of the Tribunal on application by the association or developer to which the restriction applies.
An association may recover from the original proprietor under the relevant scheme—
(a) as a debt—any liability incurred by the association because of a breach of subsection (1), (2) or (3), or
(b) as damages—any loss suffered by the association as a result of such a breach.
A member of an association other than the original proprietor under the relevant scheme may recover from the original proprietor as damages any loss suffered by the member because of a breach of subsection (1), (2) or (3).
It is a defence to an action under this section for debt or damages if it is proved that the original proprietor—
(a) did not know of the breach on which the action is based, or
(b) was not in a position to influence the conduct of the association in relation to the breach, or
(c) being in such a position, used due diligence to try to prevent the breach.
A remedy available under this section does not affect any other remedy.
This section applies to an agreement with a person (other than a public authority) for the continuing provision to an association, or to the members of an association, of services or recreational facilities.
If, during the initial period for a scheme, an association enters into an agreement to which this section applies, the agreement terminates at the end of the first annual general meeting of the association unless—
(a) its effect was disclosed in the association’s management statement before the transfer of any lots in the scheme, or
(b) it is ratified at the meeting.
An association is guilty of an offence if—
(a) during the initial period, it enters into an agreement to which this section applies, and
(b) the agreement would terminate at the end of the first annual general meeting of the association unless ratified at the meeting, and
(c) the association did not, before entering into the agreement, inform the other party, or each of the other parties, to the agreement that it would so terminate.
Maximum penalty—5 penalty units.
In this section—
An association is guilty of an offence if it does not prepare and maintain a roll in accordance with the requirements of Schedule 3 applicable to the association.
Maximum penalty—5 penalty units.
The roll may be maintained in any medium.
An association may make or amend entries in the roll on the basis of—
(a) information in the Register, or
(b) information provided under Division 4 to the extent that it is not inconsistent with information in the Register.
Information provided under Division 4 may be presumed to be consistent with information in the Register unless the contrary is evident.
An association is guilty of an offence if it does not—
(a) make records available for inspection in accordance with clause 1 of Schedule 4, or
(b) supply a certificate in accordance with clause 2 of Schedule 4,
on written application for the inspection or certificate being made under subsection (2) or (3) and the prescribed fee being paid.
Maximum penalty—5 penalty units.
An application to a community association or precinct association may be made—
(a) in relation to a development lot—by, or with the written authority of, a proprietor or mortgagee of the lot, or
(b) in relation to a subsidiary scheme—by, or with the written authority of, a proprietor or mortgagee of a neighbourhood lot or strata lot within the scheme, or
(c) in relation to a subsidiary scheme—by, or with the written authority of, the association or strata corporation constituted under the subsidiary scheme.
An application to a neighbourhood association may be made in relation to a neighbourhood lot by, or with the written authority of, a proprietor or mortgagee of the lot.
An association is guilty of an offence if it does not, without charge—
(a) make records available for inspection by the Secretary in accordance with clause 1 of Schedule 4, or
(b) supply the Secretary with a certificate in accordance with clause 2 of Schedule 4,
on being informed by the Secretary that the inspection or certificate is required in order to assist the Secretary in the exercise of his or her functions.
Maximum penalty—5 penalty units.
A certificate given in accordance with clause 2 of Schedule 4 is, in favour of a person taking for valuable consideration an estate or interest in a lot to which the certificate relates, conclusive evidence of the matters certified.
If an association has 3 members or fewer, it has an executive committee consisting of—
(a) the nominee of each member that is a subsidiary association or other corporation, and
(b) each other member or the nominee of the member.
A member may not have more than 1 nominee and a nominee must not be a corporation.
For the executive committee constituted by this section for a community association or a precinct association, the nominee of a subsidiary body must be a member of the subsidiary body who would be eligible under section 29 for election to the executive committee if the association had 4 members or more.
The executive committee constituted by this section—
(a) takes office at the first annual general meeting of the association or at such earlier time as the persons who would constitute the committee decide, and
(b) ceases to hold office on the election of an executive committee under section 28 following an increase in the membership of the association.
The executive committee constituted by this section continues in office until the election of an executive committee at the general meeting, or at the special general meeting, called to elect the executive committee following an increase to 4 or more in the number of members of the association.
If the membership of an association increases to 4 or more—
(a) it may, if the increase occurs before the first annual general meeting, elect its executive committee at the first annual general meeting or at an earlier special general meeting called for the purpose, or
(b) it must, if the increase occurs after the first annual general meeting, elect its executive committee at a special general meeting called for the purpose.
An association must elect its executive committee at each annual general meeting that succeeds the first election of the committee.
The size of an elected executive committee must be decided by the association but the number of its members—
(a) must not be more than the number of members of the association, and
(b) must not exceed 9.
For the purpose of electing an executive committee before the first annual general meeting—
(a) a general meeting may be called as provided by Schedule 6 for the calling of a special general meeting of the association, and
(b) except in relation to the agenda, Schedule 5 applies to the general meeting as if it were the first annual general meeting of the association.
To be eligible for election to the executive committee of a community association or a precinct association, a person must be—
(a) a member of the association (other than a subsidiary body or other corporation), or
(b) the only nominee of a member of the association that is a corporation but is not a subsidiary body, or
(c) the only nominee of a member of the association who is eligible to be, but is not, a candidate, or
(d) a member of, or of the executive committee of, a subsidiary body who is nominated by an ordinary resolution of the subsidiary body and is the only person nominated by it.
A joint proprietor of a development lot may not be a candidate for election to the executive committee of the relevant association unless nominated as a candidate by—
(a) a member of the association other than a joint proprietor of the development lot, or
(b) a joint proprietor of the development lot who is not a candidate.
A member of the association who is not a joint proprietor of a development lot and is not a corporation may nominate himself or herself as a candidate.
Under this section—
(a) a corporation may not be nominated as a candidate, and
(b) a corporation or other person entitled to nominate a candidate may not nominate more than 1, and
(c) of joint proprietors, not more than 1 may be nominated as a candidate.
To be eligible for election to the executive committee of a neighbourhood association, a person must be—
(a) a member of the association (other than a corporation), or
(b) the only nominee of a member of the association that is a corporation, or
(c) the only nominee of a member of the association who is eligible to be, but is not, a candidate.
A joint proprietor of a neighbourhood lot may not be a candidate for election unless nominated as a candidate by—
(a) a member of the association other than a joint proprietor of the lot, or
(b) a joint proprietor of the lot who is not a candidate.
A member of the association who is not a joint proprietor of a neighbourhood lot and is not a corporation may nominate himself or herself as a candidate.
Under this section—
(a) a corporation may not be nominated as a candidate, and
(b) a corporation or other person entitled to nominate a candidate may not nominate more than 1, and
(c) of joint proprietors, not more than 1 may be nominated as a candidate.
A member of the executive committee of an association may, with the consent of the committee, appoint a person who is eligible for election to, or is a member of, the committee to act in his or her place at a meeting of the committee.
While acting in the place of a member of the committee, a person appointed under subsection (1) has the functions of the member.
A person appointed under subsection (1) who is already a member of the committee may vote both as a member and as a substitute member.
An elected member of the executive committee of a community association or precinct association vacates office as such a member if he or she—
(a) having been a member of the association when elected, ceases to be such a member, or
(b) was nominated by a corporation other than a subsidiary body and the nominator ceases to be a member of the association or withdraws the nomination by written notice given to the executive committee, or
(c) was nominated by a member of the association who was eligible to be, but was not, a candidate and the nominator withdraws the nomination, or
(d) was nominated by a subsidiary body on the basis of being a member of the subsidiary body or of its executive committee or its council and ceases to be such a member, or
(e) was nominated by a subsidiary body which withdraws the nomination by written notice given to the committee after being authorised by an ordinary resolution of the subsidiary body, or
(f) resigns from the committee by written notice given to the committee, or
(g) is declared by special resolution of the association to have vacated the office.
On the occurrence under subsection (1) of a vacancy in the office of a member of the executive committee of a community association or a precinct association, the committee must, as soon as practicable, appoint to the office a person who would be eligible for election to the committee.
Each person holding office as a member of the executive committee (including a person appointed under subsection (2)) holds office until the next succeeding election of the committee unless the office is earlier vacated.
An elected member of the executive committee of a neighbourhood association vacates office as such a member if he or she—
(a) having been a member of the association when elected, ceases to be such a member, or
(b) is a nominee and the nominator ceases to be a member of the association or withdraws the nomination by written notice given to the committee, or
(c) resigns from the committee by written notice given to the committee, or
(d) is declared by special resolution of the association to have vacated the office.
On the occurrence under subsection (1) of a vacancy in the office of a member of the executive committee of a neighbourhood association, the committee must, as soon as practicable, appoint to the office a person who would be eligible for election to the committee.
Each person holding office as a member of the executive committee (including a person appointed under subsection (2)) holds office until the next succeeding election of the committee unless the office is earlier vacated.
The executive committee of an association must, at its first meeting after taking office, appoint from among its members a chairperson, secretary and treasurer as the officers of the committee.
The committee may appoint the same member to more than one office.
The person appointed to an office vacates the office if he or she—
(a) ceases to be a member of the executive committee, or
(b) resigns the office by written notice to the committee, or
(c) is replaced by the committee.
The chairperson or, in the absence of the chairperson, another member of the committee elected for the purpose by the persons present and entitled to vote is to preside at a meeting of the executive committee of an association.
This section applies to any function of an association, its executive committee or its treasurer that relates to—
(a) the receipt or spending of money, or
(b) accounting for money, or
(c) the keeping of books of account.
A person who exercises a function to which this section applies is guilty of an offence unless the person is—
(a) the treasurer exercising a function that is not the subject of an order referred to in paragraph (b) or is exercised in accordance with such an order, or
(b) a person with whom the treasurer is required by order of the executive committee to exercise the function jointly and who is exercising the function to enable the treasurer to exercise the function, or
(c) a managing agent or registered public accountant authorised by the association to exercise the function, or
(d) during the initial period only—a person authorised by the developer to exercise the function.
Maximum penalty—5 penalty units.
The treasurer may, in accordance with an approval given by the executive committee, delegate any of his or her functions to another member of the executive committee.
The executive committee of an association may serve on a person in possession, or having control, of personal property of the association written notice of a resolution of the committee requiring the person to deliver the property to a named member of the committee not later than 7 days after service of the notice.
The person served with the notice is guilty of an offence unless the notice is complied with not later than the prescribed time after service of the notice.
Maximum penalty—20 penalty units.
If a managing agent appointed by an association is served with a written notice of a resolution of the executive committee ending the appointment, the managing agent is guilty of an offence unless, not later than the prescribed time after service of the notice, all personal property of the association in the possession or under the control of the managing agent is delivered to a member of the executive committee named in the notice.
Maximum penalty—20 penalty units.
If a person has a right to possession of property conferred by a lien or otherwise, this section does not apply to the property.
A notice under this section may be served—
(a) personally or by post, or
(b) by leaving it at the place of residence or business of the person to be served with someone who seems to be at least 16 years old.
In this section—
(a) the time, being not less than 7 days, stated in the notice, or
(b) such further time as may be allowed by the person to whom the notice requires the property to be delivered.
A quorum at a meeting of the executive committee of an association is—
(a) if there is only 1 member of the committee—the member, or
(b) if there are only 2 members of the committee—both of them, or
(c) if there are more than 2 members of the committee—at least one-half of them.
If 2 executive committee meetings are held at the same time, both meetings are invalid.
A decision made at a meeting of the committee at which a quorum is present is a decision of the committee if—
(a) the quorum is 1 member and the decision is made by the member, or
(b) the quorum is 2 members and the decision is made by both of them, or
(c) the quorum exceeds 2 members and the decision is made by a majority of those voting.
The committee may not make a decision on a matter that, before the decision is due, is opposed by a notice given to the secretary by members of the association who have a majority of the unit entitlements.
A subsidiary body may not join in a notice under subsection (3) to the secretary of a community association or a precinct association unless it has been authorised by an ordinary resolution to do so.
Except in relation to a restricted matter, a decision of the committee is a decision of the association.
An act or proceeding of an executive committee done in good faith is valid even if, at the time the act or proceeding was done, taken or commenced there was—
(a) a vacancy in the office of a member of the committee, or
(b) a defect in the appointment, or a disqualification, of a member of the committee.
The committee must ensure that—
(a) minutes of its meetings, and
(b) records of its decisions, and
(c) records of notices under subsection (3),
are properly kept.
In this section—
(a) that may be decided only by a unanimous or special resolution or at a general meeting, or
(b) that a general meeting of the association has resolved may be decided only at a general meeting of the association.
An association may pay to a person who is the chairperson, secretary, treasurer or a member of the executive committee such amount as the association determines at an annual general meeting in recognition of services performed by the person for the association in the period since the last annual general meeting.
An association is guilty of an offence if any building or structure on its association property is not at all times fully insured, with an insurer approved by the Minister, against damage or destruction by fire, lightning, explosion or other prescribed risk.
Maximum penalty—5 penalty units.
Any such building or structure is to be insured for not less than the amount determined in accordance with the regulations.
Subsection (1) does not apply to an association to the extent that an Adjudicator exempts it from the operation of the subsection (whether or not subject to conditions) on application authorised by a unanimous resolution.
(Repealed)
An association is guilty of an offence unless at all times it maintains insurances in accordance with this section.
Maximum penalty—5 penalty units.
The association must effect insurance—
(a) in respect of any event against which it is required by law to insure, including any insurance required to be effected under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998, and
(b) in respect of damage to property and in respect of death and bodily injury (including damage, death and bodily injury occurring on an open access way or a private access way) for which the association could become liable in damages, and
(c) against damages for which the association could become liable because of work done by a voluntary worker, and
(d) against accidental injury to, or accidental death of, a voluntary worker, and
(e) against the possibility of the members of the association becoming jointly liable under a claim arising out of any other event against which the association decides by special resolution to insure, and
(f) of any other prescribed class.
Insurance under subsection (2) must be—
(a) effected with an insurer approved by the Minister, and
(b) for a cover of not less than the prescribed amount or an amount determined as prescribed.
An association may insure any property—
(a) in which it has an insurable interest, and
(b) which it is not required by this Division to insure.
This Division does not limit any right of a proprietor of a lot to effect insurance.
An association may take out insurance, at its own expense, in respect of either or both of the following—
(a) damage to property, death or bodily injury for which a person holding the office of chairperson, secretary, treasurer or member of the executive committee of the association could become liable in damages because of an act or omission, committed or omitted in good faith, in performing the functions of that office,
(b) misappropriation of money or other property of the association.
Money paid by an insurer to an association in respect of the destruction of, or damage to, a building on association property must, without delay, be applied by the association in rebuilding, replacing, repairing or restoring the building.
Subsection (1) has effect subject to any order in force under Part 7 of the Community Land Development Act 1989 (which relates to variation or termination of a scheme).
Despite section 23 of the Imperial Acts Application Act 1969 or any other law relating to insurance, an association has an insurable interest in the subject-matter of any insurance it is required by this Division to maintain.
A member of an association may bring against the association any action that could have been brought if the member had not been a member.
An insurer of an association has no right of subrogation in respect of a member of the association based on an act or omission of the member unless it is proved that the act or omission was wilful.
Despite anything in a contract of insurance effected by the proprietor of a lot, that insurance—
(a) does not affect, and
(b) is not to be taken into consideration in determining,
the amount payable under a policy of insurance entered into by an association under this Division.
The Secretary must maintain a record of insurers approved by the Minister for the purposes of this Division.
The person who was the proprietor of a development lot immediately before it became subject to a subsidiary scheme is guilty of an offence unless, not later than 14 days after registration of a precinct plan, or the neighbourhood plan or strata plan, for the subsidiary scheme, the community association and, if there is a precinct association, the precinct association, are given notice of—
(a) the name of the person, and
(b) the name of the subsidiary body, and
(c) the date of registration, and the number, of the relevant precinct plan, neighbourhood plan or strata plan.
Maximum penalty—1 penalty unit.
A subsidiary body is guilty of an offence unless, not later than 14 days after the registration of the plan by which it is constituted, written notice of the address for service of notices on the subsidiary body that is recorded in the Register is given—
(a) to the community association, and
(b) if it is also a subsidiary body in a precinct scheme—to the precinct association.
Maximum penalty—1 penalty unit.
Not later than 14 days after the commencement of a lease of a development lot or a neighbourhood lot, or the execution of an assignment of such a lease, the proprietor of the lot must give to the relevant association a written notice that states—
(a) the name of the lessee or assignee, and
(b) the date of commencement of the lease or execution of the assignment, and
(c) the name of any agent acting for the proprietor in respect of the lease.
In this section—
(a) in relation to a community development lot—the community association, or
(b) in relation to a precinct development lot—the precinct association, or
(c) in relation to a neighbourhood lot—the neighbourhood association.
If a mortgagee of a lot takes possession of the lot, the mortgagee must give notice of that fact to the association within 14 days of taking possession of the lot.
Maximum penalty—5 penalty units.
A person whose interest in a development lot or neighbourhood lot confers a right to vote at a meeting of an association may give the association written notice of the interest.
The notice must—
(a) state the full name of, and the address for service of notices on, the person, and
(b) identify the lot and state the nature of the interest, and
(c) state the date on which the interest was acquired, and
(d) in the case of a corporation—state the full name of, and the address for service of notices on, the nominee authorised by the corporation under section 111 to exercise its voting rights.
If the interest is that of a first mortgagee—
(a) the notice must bear written confirmation by the mortgagor of the information it contains, or
(b) the information in the notice must be verified by statutory declaration.
If the interest—
(a) is that of an executor, administrator, liquidator or receiver in bankruptcy, or
(b) is an interest arising by operation of law or the order of a court, or
(c) is an interest arising in any other manner except under a transfer or a discharge of mortgage,
the notice must bear a statement, verified by statutory declaration, of the manner in which the interest arises.
A person who has given an association a notice under this Division may, by a further written notice given to the association, inform the association of—
(a) any change of address for service of notices, or
(b) any change of nominee authorised under section 111 to exercise voting rights.
The secretary of an association, if of the opinion that a person obliged or entitled to give a notice under this Division has not done so, may serve on the person a written notice requiring the person—
(a) to inform the secretary whether or not the person is obliged or entitled to give a notice under this Division, and
(b) if the person is such a person—to give the notice,
within 14 days after service of the notice given by the secretary.
A person given a notice under subsection (1) is not entitled to vote at a meeting of the association unless, before the meeting and whether or not within the time allowed in the notice—
(a) the requirements of the notice are complied with, and
(b) the name of the person is entered on the association roll.
An association may, by instrument in writing authorised by a resolution at a general meeting—
(a) appoint a managing agent, and
(b) delegate to the managing agent any function of the association or its executive committee, or of its secretary or other officers.
Subsection (1) does not confer power to delegate—
(a) the powers conferred by that subsection, or
(b) the power to make a decision on a restricted matter, or
(c) the power to determine contributions by members or to make levies on them.
An association may not appoint a person as managing agent unless the person holds any licence required by law to be held by a managing agent for the association.
A community association, or a precinct association, that appoints a managing agent during the initial period may terminate the appointment at the first annual general meeting of the association.
Subsection (4) does not authorise termination of the appointment of a managing agent earlier than 2 years after the appointment unless there is reasonable cause for the termination.
A managing agent for a neighbourhood association who is appointed during the initial period ceases to be the managing agent at the end of the first annual general meeting of the association unless the appointment is ratified at the meeting.
A community association or precinct association that appoints a managing agent during the initial period is guilty of an offence unless, before making the appointment, it informed the managing agent that the appointment could be terminated after 2 years.
Maximum penalty—5 penalty units.
A neighbourhood association that appoints a managing agent during the initial period is guilty of an offence unless, before making the appointment, it informed the managing agent that the appointment would terminate at the end of the first annual general meeting of the association unless ratified at the meeting.
In this Part—
(a) an annual general meeting of the association other than the first annual general meeting, or
(b) a special general meeting of the association.
(a) the mortgagee of the lot under a mortgage shown in the neighbourhood roll as having priority over any other mortgage, and over any covenant charge, shown on the roll in relation to the lot, or
(b) the covenant chargee of the lot under a covenant charge shown on the neighbourhood roll as having priority over any mortgage shown on the roll in relation to the lot, or
(c) the covenant chargee of the lot under a covenant charge shown on the neighbourhood roll without any mortgage being shown on the roll in relation to the lot.
A neighbourhood association must hold an annual general meeting not earlier than 1 month before, and not later than 1 month after, each anniversary of the first annual general meeting.
The executive committee of a neighbourhood association may convene a special general meeting of the association at any time.
The secretary of a neighbourhood association may convene a special general meeting of the association at any time before the first annual general meeting.
One or more persons entitled to vote at a general meeting of a neighbourhood association may, by notice in writing signed by or on behalf of each person and served on the secretary or another member of the executive committee, require the holding of a special general meeting of the association.
A requisition under subclause (3) is ineffective unless at least one-quarter of the total unit entitlement for the neighbourhood scheme is attributable to the total of the unit entitlements of all the neighbourhood lots of which each person who signed the notice is proprietor or a person entitled to a priority vote in relation to the lot.
The secretary of the association or, in the absence of the secretary, a member of the executive committee, shall convene a special general meeting of the association by giving notice in accordance with this Part as soon as practicable after service of the requisition.
The notice for a general meeting of a neighbourhood association must be given in writing to—
(a) the members of the association shown on the neighbourhood roll, and
(b) each person shown on the neighbourhood roll as first mortgagee, or as a covenant chargee, of a neighbourhood lot.
Unless a shorter period of notice is fixed by the neighbourhood management statement, the notice must be given at least 7 days before the meeting.
The notice must state that a vote at the meeting by the proprietor of a neighbourhood lot does not count if a priority vote in respect of the lot is cast in respect of the same matter.
The notice must state that the proprietor of a neighbourhood lot, or a person with a priority vote in relation to the lot, may not vote at the meeting on a motion for an ordinary or special resolution unless payment has been made before the meeting of—
(a) all contributions that have been levied under the neighbourhood scheme on the proprietor and are payable as at the date of the notice, and
(b) any other money that is recoverable by the neighbourhood association from the proprietor as at the date of the notice.
The notice must state that—
(a) if the addressee is not a corporation—voting and other rights may be exercised in person or by proxy, or
(b) if the addressee is a corporation—voting and other rights may be exercised only by the company nominee personally or by proxy.
If the addressee of a notice is the first mortgagee or a covenant chargee of a neighbourhood lot, the notice must state—
(a) the name of the proprietor of the lot,
(b) the address of the lot, and
(c) the place at which the meeting is to be held.
If a member of the neighbourhood association—
(a) has not been provided with a copy of the minutes of the latest general meeting (including the first annual general meeting if it was the latest), or
(b) before the giving of the notice, made a request for a copy of those minutes that has not been complied with,
the notice must be accompanied by a copy of those minutes.
The notice must set out the provisions of this Act for determining the quorum at a general meeting.
Notice to the person giving it is not required.
Notice of an annual general meeting of a neighbourhood association other than the first such meeting—
(a) must be accompanied by a copy of the financial statements last prepared by the neighbourhood association in accordance with clause 11 of Schedule 1, and
(b) must include, or be accompanied by, a form of motion for adoption of the financial statements, and
(c) if the neighbourhood scheme is not part of a community scheme—must include, or be accompanied by, a form of motion to consider whether a revised schedule of unit entitlements should be registered under section 30 of the Community Land Development Act 1989,
(d) must include the information relating to insurance included in the neighbourhood roll under clause 9 of Schedule 3.
Notice of a general meeting of a neighbourhood association must include, or be accompanied by—
(a) a form of motion to confirm the minutes of the last general meeting of any kind, and
(b) if the meeting has been convened to elect the executive committee—a form of motion for election of the executive committee, and
(c) except in the case of a meeting referred to in paragraph (b)—a form of motion for each other item of business of the meeting together with an explanation of the reasons for the motion and, if it involves spending money, an estimate of the cost.
If a motion—
(a) requires a special or unanimous resolution for its passage, or
(b) involves an amendment of the neighbourhood management statement or a development contract,
a note to the form of motion must say so.
A motion may not be moved at a general meeting unless—
(a) this clause has been complied with in relation to the motion, or
(b) the motion is to amend a motion in relation to which this clause has been complied with.
If a person not entitled to vote at the meeting—
(a) moves a motion at a general meeting, or
(b) nominates a candidate for election to the executive committee,
the motion or nomination is out of order.
Subclause (1) does not prevent the proprietor of a neighbourhood lot from moving a motion or nominating a candidate even if the lot is subject to a mortgage or covenant charge.
Each member of a neighbourhood association, and each person entitled to a priority vote, has voting rights which may be exercised at a general meeting of the neighbourhood association—
(a) only if the member or person is shown on the neighbourhood roll, and
(b) if the member or person is a corporation—only if the company nominee is shown on the neighbourhood roll.
The voting rights of a proprietor, first mortgagee or covenant chargee of a neighbourhood lot (other than a joint proprietor, mortgagee or covenant chargee) may be exercised—
(a) unless the proprietor, mortgagee or covenant chargee is a corporation—in person or by proxy, or
(b) if the proprietor, mortgagee or covenant chargee is a corporation—by the company nominee in person or by proxy.
The voting rights of joint first mortgagees, or joint covenant chargees, of a neighbourhood lot may be exercised at the meeting only by a proxy (who may be one of them) appointed by all of them jointly.
The voting rights of joint proprietors of a neighbourhood lot may not be exercised by them individually but may be exercised—
(a) by a proxy (who may be one of them) appointed by all of them jointly, or
(b) as provided by subclause (5).
If, on a vote at a general meeting of a neighbourhood association, the rights of joint proprietors are not exercised by a proxy appointed under subclause (4), one of them may act as such a proxy—
(a) if the other joint proprietors are absent or such of them as are present give their consent, or
(b) if paragraph (a) does not apply—if he or she is the proprietor first named on the neighbourhood roll as one of the joint proprietors.
If there are proprietors of successive estates in a neighbourhood lot, only the proprietor of the first estate may vote at a general meeting of the neighbourhood association.
If the proprietor of a neighbourhood lot holds it as trustee, a person beneficially entitled may not vote at a general meeting of the neighbourhood association.
A vote at a general meeting by a member of a neighbourhood association on a motion for an ordinary or special resolution does not count if payment has not been made before the meeting of—
(a) all contributions that have been levied under the neighbourhood scheme and are payable by the member as at the date of the notice of the meeting, and
(b) any other money that is recoverable by the association from the member as at the date of the notice of the meeting.
A vote by a first mortgagee, or by a covenant chargee, of a neighbourhood lot does not count if subclause (8) would nullify any vote on the same matter by the proprietor of the lot.
If a priority vote is cast in relation to a neighbourhood lot, a vote on the same matter by the proprietor of the lot does not count.
This clause does not confer a right to vote on a person deprived of the right by failing to comply with the requirements of a notice under section 49.
A proxy must be appointed by instrument in the approved form.
If the instrument appointing a proxy limits the manner in which the proxy may vote at the meeting, a vote by the proxy that does not observe the limitation is invalid.
A proxy may vote on a show of hands or demand a poll.
A proxy—
(a) if entitled to vote otherwise than as a proxy—may also vote in his or her own right, and
(b) if appointed as a proxy for more than one member of the neighbourhood association—may vote separately as a proxy in each case.
An instrument appointing a proxy is ineffective unless it is given to the secretary before or at the first meeting in relation to which the instrument is to operate and it contains the date on which it was made.
An instrument appointing a proxy has effect for the period specified in the instrument (being a period of not more than 12 months) or for 2 consecutive annual general meetings, whichever is the greater, unless sooner revoked.
A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on that matter.
An instrument made by a person appointing a proxy has no effect if the person makes a later instrument appointing a proxy and delivers it to the secretary in accordance with subclause (5).
There is a quorum for considering and voting on a matter at a general meeting of a neighbourhood association only if—
(a) the number of persons present and entitled to vote on the matter is more than one-quarter the number of members of the neighbourhood association, or
(b) the persons present and entitled to vote on the matter represent more than one-quarter the total unit entitlement for the neighbourhood scheme.
However, if there is more than one member of the neighbourhood association and the quorum calculated in accordance with subclause (1) is less than 2 persons, the quorum is 2 persons entitled to vote on the matter.
If a quorum under subclause (1) is not present within the next half-hour after the matter arises for consideration, the meeting stands adjourned for at least 7 days.
If a quorum under subclause (1) is not present within the next half-hour after the time fixed for the adjourned meeting, the persons present and entitled to vote on the matter constitute a quorum for considering and voting on the matter.
In determining whether there is a quorum under subsection (1) for a matter—
(a) a person who has given a proxy entitling another person who is present to vote on the matter, and
(b) a member of the executive committee who has appointed a substitute under section 31 who is present, and
(c) a proprietor or first mortgagee of a neighbourhood lot who has submitted a written vote on the matter,
must be counted as if present.
For the purposes of subclause (4), joint mortgagees or joint proprietors who have given a proxy or have submitted a written vote are to be counted as 1 person present.
A general meeting of a neighbourhood association may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
If a general meeting of the neighbourhood association is adjourned (including where the meeting is adjourned because of clause 50 (2))—
(a) the time and place at which the adjourned meeting is to be resumed must be fixed by the person who was presiding at the meeting or, in the case of a meeting that is adjourned because of clause 50 (2), by the person who would have presided at the meeting but for the lack of a quorum, and
(b) notice of that time and place must be served by the secretary on the members of the association at least 1 day prior to the meeting.
The notice is to set out the provisions of this Act for determining the quorum at a general meeting.
The chairperson of a neighbourhood association, if present, is to preside at a general meeting of the association.
If the chairperson is not present at a general meeting of a neighbourhood association the persons who are present and entitled to vote at the meeting must elect one of their number to preside at the meeting.
The person elected has, while presiding at the meeting, all the functions of the chairperson.
The chairperson at a general meeting of a neighbourhood association may rule a motion out of order if he or she considers that the motion, if carried—
(a) would be inconsistent with this Act, an applicable management statement or the by-laws under a strata scheme, or
(b) would be otherwise unenforceable or unlawful.
Before submitting a matter to a vote at a general meeting of a neighbourhood association, the chairperson must announce the names of the persons entitled to vote on the matter if a request for the announcement is made by a person present and entitled to vote on the matter.
Except as provided by subclause (2), each person entitled to vote in an election of the executive committee of a neighbourhood association has 1 vote for each neighbourhood lot of which the person is proprietor or in respect of which the person has a priority vote.
An original proprietor who, at the time of an election, is the proprietor of at least half the neighbourhood lots in the neighbourhood scheme, is entitled only to one-third of the number of votes the original proprietor would have had but for this subclause, any fractions being ignored.
A motion put to a general meeting of a neighbourhood association is decided according to a majority in number of the votes on the motion unless—
(a) a poll is required, or
(b) the motion is for a resolution that, to be effective, must be a special resolution.
If—
(a) a poll is demanded by someone present and entitled to vote at the meeting, or
(b) the motion is for a resolution that, to be effective, must be a special resolution,
the motion is decided according to the value of votes cast personally or by proxy for and against the motion.
Except as provided by subclause (4), the value of the vote of the proprietor of a neighbourhood lot, or of a person having a priority vote in relation to the lot, is equal to the unit entitlement of the neighbourhood lot.
If the original proprietor is the proprietor of neighbourhood lots of which the sum of the unit entitlements is at least one-half of the total unit entitlement for the neighbourhood scheme, the value of the vote of the original proprietor, or of a person having a priority vote in relation to any of those lots, is one-third of the value it would have had but for this subclause, any fraction being ignored.
A demand for a poll—
(a) must be given effect even if the matter has been decided on the numbers, and
(b) may be withdrawn by the person who made it.
A poll must be conducted as directed by the chairperson.
Except in relation to voting on a poll, the declaration of the chairperson of the result of a vote on a motion at a general meeting of a neighbourhood association is conclusive without proof of the votes recorded for or against the motion.
Subject to clause 50 in relation to a quorum, a general meeting of a neighbourhood association is validly held even if it is attended only by the chairperson.
A member of a neighbourhood association or a person with a priority vote in relation to the lot may serve on the secretary of the association a written notice requiring the secretary to include a specified motion in the agenda for the next general meeting of the association of which notice had not already been given.
The secretary must give effect to the requirement of the notice.
A unanimous resolution of a neighbourhood association may be amended or revoked by the association only by a unanimous resolution.
A special resolution of a neighbourhood association may be amended or revoked by the association only by a special resolution.
The original proprietor, or an agent authorised in writing by the original proprietor, must exercise the functions of chairperson, secretary and treasurer of a neighbourhood association until—
(a) those officers are elected, or
(b) the first annual general meeting of the association ends,
whichever first occurs.
Documents relating to a meeting of a neighbourhood association (such as proxies) may be transmitted to the secretary of the association by electronic means.
(Section 123)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• Strata Schemes Management (Miscellaneous Amendments) Act 1996
• Traffic Legislation Amendment Act 1997, but only in relation to the amendments made to this Act
• Statute Law (Miscellaneous Provisions) Act (No 2) 2000, but only in relation to the amendments made to this Act
• Courts and Crimes Legislation Amendment Act 2008
• any other Act that amends this Act
Such a provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or on a later date.
To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of that publication.
Any proceedings commenced but not determined or finalised under provisions of this Act amended by the Strata Schemes Management (Miscellaneous Amendments) Act 1996 may be dealt with and determined as if this Act had not been amended by that Act.
An order made by the Commissioner or a Community Schemes Board under a provision of this Act as in force before its amendment by the Strata Schemes Management (Miscellaneous Amendments) Act 1996 is taken to have been made under that provision as amended by that Act.
Despite subclause (1)—
(a) Division 6A of Part 4 does not apply to such an order, and
(b) the provisions of this Act relating to the contravention of orders as in force immediately before the commencement of that Division continue to apply to such an order.
A Community Schemes Board in existence immediately before the commencement of section 109K is abolished on the completion of any proceedings being heard by it.
In any other Act or instrument—
(a) a reference to the Community Schemes Board is taken to be a reference to the Residential Tribunal, and
(b) a reference to an order or declaration of the Residential Tribunal made in the exercise of jurisdiction conferred by this Act or the Community Land Development Act 1989 includes a reference to an order or declaration made by the Community Schemes Board under either of those Acts and in force immediately before the commencement of the Residential Tribunal Act 1998, and
(c) a reference to the Registrar of the Community Schemes Board is taken to be a reference to the Registrar of the Residential Tribunal.
An appeal to the Supreme Court for which a hearing date had been allocated before the commencement of Schedule 4 to the Courts and Crimes Legislation Amendment Act 2008 is to be determined as if that Act had not been enacted.
A regulation made under section 122A(1)(d) continues to have effect until the end of the time period specified by the regulation, despite the repeal of section 122A or the regulation.
Community Land Management Act 1989 No 202. Assented to 21.12.1989. Date of commencement, 1.8.1990, sec 2 and GG No 82 of 29.6.1990, p 5383. This Act has been amended as follows—
No 108 | Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990. Date of commencement of the provision of Sch 2 relating to the Community Land Management Act 1989, assent, sec 2. | |
No 94 | Statute Law (Miscellaneous Provisions) Act (No 2) 1991. Assented to 17.12.1991. Date of commencement of the provision of Sch 1 relating to the Community Land Management Act 1989, assent, Sch 1. | |
No 33 | Roads Act 1993. Assented to 8.6.1993. Date of commencement, 1.7.1993, sec 2 and GG No 73 of 1.7.1993, p 3343. | |
No 44 | Local Government Legislation (Miscellaneous Amendments) Act 1994. Assented to 2.6.1994. Date of commencement of Sch 19, 1.7.1994, sec 2 and GG No 80 of 17.6.1994, p 2915. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of Sch 1.24, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 24 | Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. | |
No 139 | Strata Schemes Management (Miscellaneous Amendments) Act 1996. Assented to 16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p 4770. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55. Assented to 2.7.1997. Date of commencement of Sch 2.18, assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1997 No 147. Assented to 17.12.1997. Date of commencement of Sch 2.27, assent, sec 2 (2). | |
No 115 | Traffic Legislation Amendment Act 1997. Assented to 9.12.1997. Date of commencement, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4431. | |
No 152 | Environmental Planning and Assessment Amendment Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. | |
No 54 | Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998. Date of commencement of Sch 1.4, assent, sec 2 (2). | |
No 85 | Workers Compensation Legislation Amendment Act 1998. Assented to 14.7.1998. Date of commencement of Sch 2, 1.8.1998, sec 2 and GG No 115 of 31.7.1998, p 5747. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 137 | Justices Legislation Amendment (Appeals) Act 1998. Assented to 8.12.1998. Date of commencement of Sch 2.4, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 973. | |
No 168 | Residential Tribunal Act 1998. Assented to 14.12.1998. Date of commencement of Sch 4.1, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 977. | |
No 19 | Road Transport Legislation Amendment Act 1999. Assented to 1.7.1999. Date of commencement of Sch 2, 1.12.1999, sec 2 (1) and GG No 133 of 26.11.1999, p 10863. | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 41 | Motor Accidents Compensation Act 1999. Assented to 8.7.1999. Date of commencement of Sch 4.1, 5.10.1999, sec 2 and GG No 104 of 10.9.1999, p 8699. | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 1.4, 1.9.2001, Sch 1.4 and GG No 132 of 31.8.2001, p 6565. | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 4.6, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2001. Assented to 17.7.2001. Date of commencement of Sch 2.6, assent, sec 2 (2). | |
No 82 | Consumer, Trader and Tenancy Tribunal Act 2001. Assented to 21.11.2001. Date of commencement of Sch 7.1 [1] [2] and [4], 25.2.2002, sec 2 (1) and GG No 48 of 22.2.2002, p 901; Sch 7.1 [3] was without effect as the section being amended was amended by the Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 66 | Property, Stock and Business Agents Act 2002. Assented to 10.7.2002. Date of commencement, 1.9.2003, sec 2 and GG No 116 of 25.7.2003, p 7445. | |
No 4 | Valuers Act 2003. Assented to 28.5.2003. Date of commencement of Sch 1.3, 31.3.2005, sec 2 (1) and GG No 37 of 29.3.2005, p 929. | |
No 11 | Road Transport (General) Act 2005. Assented to 14.4.2005. Date of commencement of Sch 3.3, 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 56 | Courts Legislation Amendment Act 2007. Assented to 15.11.2007. Date of commencement of Sch 9, 28.1.2008, sec 2 (3) and GG No 182 of 14.12.2007, p 9537. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.14 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 53 | Courts and Crimes Legislation Amendment Act 2008. Assented to 1.7.2008. Date of commencement of Sch 4, 1.9.2008, sec 2 (4). | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 1.7, 17.7.2009, sec 2 (2). | |
No 41 | Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.2, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1). | |
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 1.7, 5.7.2013, sec 2 (1). | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.10, 4.7.2014, sec 2 (1). | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 1, 1.3.2016, sec 2 (2) and 2015 (798) LW 18.12.2015. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 51 | Strata Schemes Development Act 2015. Assented to 5.11.2015. Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016. | |
No 67 | Courts and Other Justice Portfolio Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement of Sch 1.4, assent, sec 2 (1). | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 4, 7 days after assent, sec 2 (1). | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 4.9, 14.1.2018, sec 2 (3). | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 7.6, assent, sec 2 (1). | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.6, assent, sec 2(1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.7, assent, sec 2(1). | |
No 10 | Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021. Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021. |
Sec 3 | Am 1991 No 94, Sch 1; 1993 No 33, Sch 1; 1995 No 11, Sch 1.24; 1996 No 139, Sch 1 [1]–[9] (am 1997 No 55, Sch 2.18 [1]); 1997 No 152, Sch 4.7 [1]–[4]; 1998 No 54, Sch 1.4 [1] [2]; 1998 No 168, Sch 4.1 [1]; 2000 No 93, Sch 1.4 [1]–[3]; 2001 No 56, Sch 2.6 [2] [3]; 2001 No 82, Sch 7.1 [1]; 2002 No 66, Sch 2.1; 2003 No 4, Sch 1.3; 2007 No 27, Sch 1.6 [1] [2]; 2013 No 95, Sch 4.5 [1] [2]; 2015 No 48, Sch 1.5 [1]; 2015 No 50, Sch 4.6 [1]–[4]; 2015 No 51, Sch 9.4 [1]–[9]; 2017 No 22, Sch 4.5 [2]; 2018 No 5, Sch 2.4. |
Sec 3A | Ins 1996 No 139, Sch 1 [10]. |
Sec 5 | Am 1998 No 54, Sch 1.4 [3]; 2001 No 34, Sch 4.6 [1]. |
Sec 6 | Am 1998 No 54, Sch 1.4 [3]; 2001 No 34, Sch 4.6 [2]. |
Sec 7 | Am 1998 No 54, Sch 1.4 [3]; 2001 No 34, Sch 4.6 [3]. |
Sec 9 | Am 2021 No 10, Sch 3.6[1] [2]. |
Secs 10, 11 | Am 1996 No 139, Sch 1 [11]. |
Sec 13A | Ins 1996 No 139, Sch 1 [12]. Am 1998 No 54, Sch 1.4 [4]; 2000 No 93, Sch 1.4 [4]. |
Sec 13A, note | Ins 1996 No 139, Sch 1 [12]. Am 2001 No 82, Sch 7.1 [2]. |
Sec 14 | Am 1996 No 139, Sch 1 [13]; 1999 No 31, Sch 1.6 [1]. |
Sec 20 | Am 1996 No 139, Sch 1 [11] [14]. |
Sec 20A | Ins 1996 No 139, Sch 1 [15]. |
Sec 23 | Am 1996 No 139, Sch 1 [16]. |
Sec 29 | Am 1998 No 54, Sch 1.4 [5]. |
Sec 38 | Am 1996 No 139, Sch 1 [17] [18]. |
Sec 38A | Ins 1996 No 139, Sch 1 [19]. |
Sec 39 | Am 1996 No 139, Sch 1 [11] [20]; 1998 No 54, Sch 1.4 [6]; 2007 No 27, Sch 1.6 [3]; 2015 No 48, Sch 1.5 [2]. |
Sec 39A | Ins 1996 No 139, Sch 1 [21]. Rep 2015 No 48, Sch 1.5 [3]. |
Sec 40 | Am 1998 No 85, Sch 2.1. |
Sec 41 | Am 1996 No 139, Sch 1 [22]. |
Sec 46A | Ins 1996 No 139, Sch 1 [23]. |
Sec 51 | Am 1996 No 24, Sch 1.22 [1] [2]. |
Sec 58 | Am 1996 No 139, Sch 1 [11] [13]. |
Sec 60 | Am 1996 No 139, Sch 1 [11] [13] [24] [25]. |
Part 4, Div 1 | Subst 1996 No 139, Sch 1 [26]. |
Sec 62 | Subst 1996 No 139, Sch 1 [26]. |
Sec 63 | Am 1990 No 108, Sch 2. Subst 1996 No 139, Sch 1 [26] (am 1997 No 55, Sch 2.18 [3]). Am 2013 No 95, Sch 4.5 [3]; 2015 No 67, Sch 1.4. |
Sec 64 | Subst 1996 No 139, Sch 1 [26]. Am 1998 No 120, Sch 1.6 [1]; 1999 No 31, Sch 1.6 [2]; 2013 No 95, Sch 4.5 [3]. |
Part 4, Div 2 | Subst 1996 No 139, Sch 1 [26]. |
Sec 65 | Subst 1996 No 139, Sch 1 [26]. |
Sec 66 | Subst 1996 No 139, Sch 1 [26]. Am 2007 No 27, Sch 1.6 [4]. |
Secs 67–70 | Subst 1996 No 139, Sch 1 [26]. |
Sec 70A | Ins 1996 No 139, Sch 1 [26]. |
Part 4, Div 2A, heading | Ins 1996 No 139, Sch 1 [26]. Am 2013 No 95, Sch 4.5 [4]. |
Part 4, Div 2A | Ins 1996 No 139, Sch 1 [26]. |
Sec 70B | Ins 1996 No 139, Sch 1 [26]. Am 1998 No 120, Sch 1.6 [2]; 2013 No 95, Sch 4.5 [3]; 2014 No 33, Sch 2.10. |
Sec 70C | Ins 1996 No 139, Sch 1 [26]. Am 1998 No 120, Sch 1.6 [3] [4]; 2013 No 95, Sch 4.5 [3]. |
Sec 70CA | Ins 1998 No 120, Sch 1.6 [5]. Am 2013 No 95, Sch 4.5 [3]. |
Part 4, Div 3, heading | Am 1996 No 139, Sch 1 [27]. |
Sec 71 | Am 1996 No 139, Sch 1 [11] [13] [28]. |
Secs 71A–71C | Ins 1996 No 139, Sch 1 [29]. |
Sec 72 | Am 1996 No 139, Sch 1 [11] [13] [30]–[33]; 2000 No 93, Sch 1.4 [6]. |
Sec 73 | Am 1996 No 139, Sch 1 [13] [32]. |
Sec 74 | Am 1996 No 139, Sch 1 [11] [32]. |
Sec 75 | Am 1996 No 139, Sch 1 [11] [13] [34]; 2001 No 112, Sch 1.6; 2013 No 95, Sch 4.5 [3]. |
Part 4, Div 4, heading | Am 1996 No 139, Sch 1 [35]. |
Sec 75A | Ins 1996 No 139, Sch 1 [36]. |
Sec 75B | Ins 1996 No 139, Sch 1 [36]. Rep 2013 No 95, Sch 4.5 [5]. |
Sec 76 | Am 1996 No 139, Sch 1 [11] [13] [37] [38]; 2000 No 93, Sch 1.4 [6] [7]. |
Sec 77 | Am 1996 No 139, Sch 1 [13] [39]. |
Sec 78 | Am 1996 No 139, Sch 1 [13] [39]; 2011 No 62, Sch 1.3; 2015 No 48, Sch 1.5 [4]–[6]; 2017 No 63, Sch 4.9. |
Sec 79 | Am 1996 No 139, Sch 1 [13]. |
Secs 80, 81 | Am 1996 No 139, Sch 1 [39]. |
Sec 82 | Am 1996 No 139, Sch 1 [13] [39]. |
Sec 83 | Am 1996 No 139, Sch 1 [39]. |
Sec 84 | Am 1996 No 139, Sch 1 [13]. |
Sec 85 | Am 1996 No 139, Sch 1 [13] [37] [39] [40]. |
Sec 86 | Am 1996 No 139, Sch 1 [13]. |
Sec 87 | Am 1996 No 139, Sch 1 [13] [39] [41] [42]; 2008 No 53, Sch 4 [1]; 2013 No 95, Sch 4.5 [3] [6] [7]. |
Part 4, Div 5, heading | Am 1996 No 139, Sch 1 [43]. |
Sec 88 | Am 1996 No 139, Sch 1 [11] [13] [33] [42]. Subst 2013 No 95, Sch 4.5 [8]. |
Sec 89 | Subst 1996 No 139, Sch 1 [44]. Rep 2013 No 95, Sch 4.5 [9]. |
Sec 90 | Am 1996 No 139, Sch 1 [11] [13] [45]. Rep 2013 No 95, Sch 4.5 [10]. |
Sec 91 | Am 1996 No 139, Sch 1 [13] [39]. |
Part 4, Div 6, heading | Subst 1996 No 139, Sch 1 [46]. Rep 2013 No 95, Sch 4.5 [11]. |
Part 4, Div 6 | Rep 2013 No 95, Sch 4.5 [11]. |
Sec 91A | Ins 2000 No 93, Sch 1.4 [8]. Am 2001 No 82, Sch 7.1 [4]. Rep 2013 No 95, Sch 4.5 [11]. |
Sec 92 | Am 1996 No 139, Sch 1 [13] [39]. Rep 2013 No 95, Sch 4.5 [11]. |
Sec 93 | Am 1996 No 139, Sch 1 [13]; 1998 No 120, Sch 1.6 [6] [7]; 2005 No 98, Sch 3.9 [1]. Rep 2013 No 95, Sch 4.5 [11]. |
Sec 94 | Am 1996 No 139, Sch 1 [13] [42] [47]. Rep 2013 No 95, Sch 4.5 [11]. |
Sec 95 | Am 1996 No 139, Sch 1 [13] [39]. Rep 2013 No 95, Sch 4.5 [11]. |
Sec 96 | Am 1996 No 139, Sch 1 [13]; 2007 No 94, Sch 2. Rep 2013 No 95, Sch 4.5 [11]. |
Sec 97 | Am 1996 No 139, Sch 1 [39] [42]. Rep 2013 No 95, Sch 4.5 [11]. |
Sec 97A | Ins 1996 No 139, Sch 1 [48]. Am 2005 No 98, Sch 3.9 [2]. Rep 2013 No 95, Sch 4.5 [11]. |
Part 4, Div 6A | Ins 1996 No 139, Sch 1 [48]. |
Sec 97B | Ins 1996 No 139, Sch 1 [48]. Am 2000 No 93, Sch 1.4 [9]. |
Sec 97C | Ins 1996 No 139, Sch 1 [48]. |
Sec 97D | Ins 1996 No 139, Sch 1 [48]. Am 1998 No 120, Sch 1.6 [8]; 2006 No 120, Sch 2.14. |
Sec 97E | Ins 1996 No 139, Sch 1 [48]. Am 1998 No 120, Sch 1.6 [9]; 2006 No 120, Sch 2.14; 2013 No 95, Sch 4.5 [12]; 2017 No 22, Sch 4.5 [3] [4]. |
Sec 98 | Am 1996 No 139, Sch 1 [11] [13]. |
Sec 100 | Am 1996 No 139, Sch 1 [13] [42]; 2008 No 53, Sch 4 [1]; 2013 No 95, Sch 4.5 [3] [13] [14]. |
Sec 101 | Rep 1996 No 139, Sch 1 [49]. |
Sec 102 | Am 1996 No 139, Sch 1 [50]; 2000 No 93, Sch 1.4 [10]; 2001 No 121, Sch 2.52 [1]. |
Sec 103 | Am 1996 No 139, Sch 1 [13] [32]. |
Sec 104 | Am 1996 No 139, Sch 1 [13] [32]. Subst 1996 No 139, Sch 1 [51]. Rep 2013 No 95, Sch 4.5 [15]. |
Sec 105 | Am 1996 No 139, Sch 1 [13]; 2008 No 53, Sch 4 [1]; 2013 No 95, Sch 4.5 [16]. |
Sec 108 | Am 1996 No 139, Sch 1 [11] [13] [33] [52]; 1998 No 137, Sch 2.4; 2000 No 93, Sch 1.4 [11]; 2001 No 121, Sch 2.52 [2]; 2008 No 53, Sch 4 [1]. Rep 2013 No 95, Sch 4.5 [17]. |
Sec 109 | Rep 2007 No 56, Sch 9.1. |
Part 5A | Ins 1996 No 139, Sch 1 [53]. |
Part 5A, Div 1, heading | Ins 1996 No 139, Sch 1 [53]. Subst 2001 No 56, Sch 2.6 [4]. |
Part 5A, Div 1 | Ins 1996 No 139, Sch 1 [53]. |
Sec 109A | Ins 1996 No 139, Sch 1 [53]. Rep 2001 No 56, Sch 2.6 [5]. |
Sec 109B | Ins 1996 No 139, Sch 1 [53]. Am 2001 No 56, Sch 2.6 [6] [7]; 2009 No 56, Sch 1.7. |
Sec 109C | Ins 1996 No 139, Sch 1 [53]. |
Sec 109D | Ins 1996 No 139, Sch 1 [53]. Am 2001 No 56, Sch 2.6 [8]. Subst 2017 No 22, Sch 4.5 [5]. |
Sec 109E | Ins 1996 No 139, Sch 1 [53]. Am 2001 No 56, Sch 2.6 [9]; 2017 No 22, Sch 4.5 [6]. |
Sec 109F | Ins 1996 No 139, Sch 1 [53]. |
Sec 109G | Ins 1996 No 139, Sch 1 [53]. Am 2001 No 56, Sch 2.6 [10]. Rep 2013 No 47, Sch 1.7. |
Part 5A, Div 2 | Ins 1996 No 139, Sch 1 [53]. |
Secs 109H, 109I | Ins 1996 No 139, Sch 1 [53]. |
Sec 109J | Ins 1996 No 139, Sch 1 [53]. Rep 2013 No 95, Sch 4.5 [18]. |
Part 5A, Div 3 (secs 109K–109M) | Ins 1996 No 139, Sch 1 [53]. Subst 1998 No 168, Sch 4.1 [2]. Rep 2000 No 93, Sch 1.4 [12]. |
Part 5A, Div 4, heading | Ins 1996 No 139, Sch 1 [53]. Subst 1998 No 168, Sch 4.1 [2]. Am 2000 No 93, Sch 1.4 [13]. Rep 2013 No 95, Sch 4.5 [19]. |
Part 5A, Div 4 | Ins 1996 No 139, Sch 1 [53]. Subst 1998 No 168, Sch 4.1 [2]. Rep 2013 No 95, Sch 4.5 [19]. |
Sec 109N | Ins 1996 No 139, Sch 1 [53]. Subst 1998 No 168, Sch 4.1 [2]. Rep 2000 No 93, Sch 1.4 [14]. |
Sec 109O | Ins 1996 No 139, Sch 1 [53]. Subst 1998 No 168, Sch 4.1 [2]. Am 2000 No 93, Sch 1.4 [15] [16]. Rep 2013 No 95, Sch 4.5 [19]. |
Sec 111A | Ins 1996 No 139, Sch 1 [54]. |
Sec 115 | Am 1996 No 139, Sch 1 [55]. |
Sec 116 | Am 1993 No 33, Sch 1; 1994 No 44, Sch 19; 1997 No 115, Sch 4.1 [1] [2]; 1999 No 19, Sch 2.4 [1] [2]; 1999 No 41, Sch 4.1; 2005 No 11, Sch 3.3 [1] [2]; 2011 No 41, Sch 5.2; 2013 No 19, Sch 4.7 [1] [2]; 2020 No 30, Sch 4.6. |
Sec 120 | Am 1996 No 139, Sch 1 [56] (am 1997 No 55, Sch 2.18 [1]; 1997 No 147, Sch 2.27 [1]) [57]; 2015 No 50, Sch 4.6 [5] [6]; 2015 No 51, Sch 9.4 [10]. |
Sec 121 | Am 2007 No 94, Sch 1.14. |
Sec 122 | Am 2007 No 27, Sch 1.6 [5]; 2015 No 50, Sch 4.6 [7]. |
Sec 122A | Ins 2020 No 5, Sch 1.6[1]. Am 2021 No 5, Sch 1.7. |
Sec 123 | Ins 1996 No 139, Sch 1 [58]. |
Sch 1 | Am 1996 No 24, Sch 1.22 [3]; 1996 No 139, Sch 1 [59]–[61]. |
Sch 3 | Am 1996 No 139, Sch 1 [62]–[67]. |
Sch 4 | Am 2021 No 10, Sch 3.6[3]. |
Sch 5 | Am 1996 No 139, Sch 1 [68]–[91]; 2018 No 65, Sch 7.6 [1]–[3]. |
Sch 6 | Am 1996 No 139, Sch 1 [92]–[117]; 2018 No 65, Sch 7.6 [4]–[6]. |
Sch 7 | Ins 1996 No 139, Sch 1 [118]. Am 1997 No 115, Sch 4.1 [3]; 2000 No 93, Sch 1.4 [17]–[19]; 2008 No 53, Sch 4 [2] [3]; 2015 No 48, Sch 1.5 [7]; 2020 No 5, Sch 1.6[2]. |
The whole Act | Am 2017 No 22, Sch 4.5 [1] (“Director-General” omitted wherever occurring, “Secretary” inserted instead). |
The whole Act (except secs 3 (1), 13A, 72 (1) (a), 76 (1) and 102, Divs 3 and 4 of Part 5A and Sch 7) | Am 2000 No 93, Sch 1.4 [5] (“Board” omitted wherever occurring, “Tribunal” inserted instead). |
The whole Act (except secs 3 and 78 and Sch 7) | Am 2001 No 56, Sch 2.6 [1] (“Commissioner” and “Commissioner’s” omitted wherever occurring, “Director-General” and “Director-General’s” inserted instead respectively). |
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