Community Titles Act 1996 (SA)

South Australia

Community Titles Act 1996

An Act to provide for the division of land into lots and common property; to provide for the administration of the land by the owners of the lots; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Community Titles Act 1996.

3Interpretation

(1)
In this Act, unless the contrary intention appears—
allotment means land registered under the Real Property Act 1886 that comprises an allotment defined by Part 19AB of that Act;
annual general meeting means a general meeting of a community corporation that is held in compliance with section 82;
associate—see section 4;
body corporate manager—see section 78B;
building includes a fixed structure;
business day means any day except Saturday, Sunday or a public holiday;
by-laws—see Part 5;
ceiling includes a false or suspended ceiling;
community corporation means a corporation established when a plan of community division is deposited in the Lands Titles Registration Office;
community lot—see section 6;
community parcel means the land divided by a plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;
community plan—see plan of community division;
community scheme—see scheme of community division;
council means a municipal council or a district council;
deposited in relation to a plan of community division means deposited in the Lands Titles Registration Office by the Registrar-General;
developer in relation to a community scheme means the person who was the registered proprietor of the land comprising the community parcel immediately before the plan of community division was deposited in the Lands Titles Registration Office;
development lot—see section 8;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
encumbrance includes—
(a)
a life estate or a lease;
(b)
a mortgage or charge;
(c)
a claim or lien;
(d)
an easement;
(e)
a caveat;
(f)
a statutory encumbrance;
ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;
fence includes a gate;
first statutory general meeting means a meeting required to be convened in accordance with section 79 (and if more than 1 meeting is convened during the period of 3 months referred to in that section, the first of those meetings);
floor includes a stairway or ramp;
holder of a statutory encumbrance means—
(a)
in relation to an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016—the Minister, council or greenway authority that entered into the agreement; or
(b)
in any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;
land valuer means a person who lawfully carries on a business that consists of or involves valuing land;
leaseback arrangement—see subsection (7);
lot means a community lot or a development lot;
lot entitlement—see section 20;
lot subsidiary—see section 19(3)(d);
non-recurrent in relation to expenditure means expenditure for a particular purpose that is normally made less frequently than once a year;
occupier in relation to a lot means a person who occupies the lot on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a lot;
officer of a community corporation means the presiding officer, treasurer or secretary of the community corporation;
ordinary resolution of a community corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of members present and voting on the resolution;
owner—
(a)
in relation to land (excluding a lot) means a person who is registered as the proprietor of an estate in fee simple in the land or, where a mortgagee is in possession of the land, means the mortgagee to the exclusion of the registered proprietor of the land;
(b)
in relation to a lot (other than a lot referred to in paragraph (c)) means—
(i)
a person who is registered as the proprietor of an estate in fee simple in the lot; or
(ii)
if the fee simple is divided into a life estate with a remainder or reversionary interest—the person registered as the proprietor of the life estate to the exclusion of the proprietor of the remainder or reversionary interest; or
(iii)
if a mortgagee is in possession of the lot—the mortgagee to the exclusion of the persons referred to in subparagraphs (i) and (ii);
(c)
in relation to a primary or secondary lot that has been divided by a secondary or tertiary plan, means the secondary or tertiary corporation established on deposit of the plan in the Lands Titles Registration Office;
plan of community division or community plan means a plan that divides land into lots and common property;
primary by-laws means by-laws made under this Act in relation to the division of land by a primary plan of community division;
primary community corporation or primary corporation means the community corporation established on the deposit of a primary plan of community division in the Lands Titles Registration Office;
primary lot—see section 7(1);
primary parcel means land divided by a primary plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;
primary plan of community division or primary plan means a plan of community division that divides land comprising an allotment;
primary scheme means a scheme of community division in which an allotment is divided into common property and primary lots;
recurrent in relation to expenditure means expenditure for a particular purpose that is normally made every year or more frequently;
registered encumbrance means an encumbrance registered or entered on the certificate of title for the land to which it relates;
relative in relation to a person, means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;
relevant development authority in relation to the division or other development of land means the person or body authorised by the Planning, Development and Infrastructure Act 2016 to consent to, or approve of, the division or other development of the land or to give any other development authorisation under that Act in relation to the division or other development of the land;
residential purposes in relation to the use of land does not include the use of land for the purposes of a hotel, motel or hostel or to provide any other form of temporary residential accommodation for valuable consideration;
schedule of lot entitlements means the schedule of lot entitlements annexed to a plan of community division;
scheme of community division or community scheme in relation to land means the scheme for the division, development and administration of the land set out in the scheme description (if any), plan of community division, by-laws and development contract (if any) lodged with the Registrar-General under this Act in relation to the land;
scheme description means the description of the community scheme filed with the plan of community division deposited in the Lands Titles Registration Office;
secondary community corporation or secondary corporation means the community corporation established on the deposit of a secondary plan of community division in the Lands Titles Registration Office;
secondary lot—see section 7(2);
secondary parcel means land divided by a secondary plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;
secondary plan of community division or secondary plan means a plan of community division that divides land comprising a primary lot;
secondary scheme means a scheme of community division in which a primary lot is divided into common property and secondary lots;
service infrastructure means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or common property are provided with—
(a)
water reticulation or supply; or
(b)
gas reticulation or supply; or
(c)
electricity supply; or
(d)
heating oil; or
(e)
air conditioning or ventilation; or
(f)
a telephone service; or
(g)
a radio service; or
(h)
a computer data or television service; or
(i)
sewer systems; or
(j)
drainage; or
(k)
systems for the removal or disposal of garbage or waste; or
(l)
other systems or services designed to improve the amenity, or enhance the enjoyment, of the lots or common property;
special resolution of a community corporation means—
(a)
where the number of community lots is three—see section 88;
(b)
in all other cases—a resolution—
(i)
of which at least 14 days notice setting out the text of the proposed resolution and any other information of a kind prescribed by regulation has been served on all the owners of the community lots; and
(ii)
that is passed at a properly convened meeting of the corporation at which the number of votes (if any) cast against the resolution is 25 per cent or less of the total number of votes that could be cast at a meeting at which all members are present and entitled to vote1;
spouse—a person is the spouse of another if they are legally married;
statutory encumbrance means—
(a)
an Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988;
(ab)
an agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts Interpretation Act 1915;
(b)
an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016 (including an agreement under Part 5 of the Development Act 1993 that is taken to be an agreement under that Part of the Planning, Development and Infrastructure Act 2016);
(c)
any agreement or proclamation registered or noted on the title to land immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993;
(d)
a heritage agreement entered into under the Heritage Places Act 1993;
(e)
a heritage agreement entered into under the Native Vegetation Act 1991;
(ea)
an access agreement entered into under the Recreational Greenways Act 2000;
(eb)
a management agreement entered into under the River Murray Act 2003;
(ec)
a management agreement entered into under the Upper South East Dryland Salinity and Flood Management Act 2002;
(f)
any other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition;
strata lot means a community lot created by a strata plan;
strata plan—see section 9(1);
strata scheme means a scheme of community division under which land is divided by a strata plan;
tertiary community corporation or tertiary corporation means the community corporation established on the deposit of a tertiary plan of community division in the Lands Titles Registration Office;
tertiary lot—see section 7(3);
tertiary parcel means land divided by a tertiary plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;
tertiary plan of community division or tertiary plan means a plan of community division that divides land comprising a secondary lot;
tertiary scheme means a scheme of community division in which a secondary lot is divided into common property and tertiary lots;
unanimous resolution of a community corporation means a resolution—
(a)
of which at least 14 days notice setting out the text of the proposed resolution and any other information of a kind prescribed by regulation has been served on all the owners of the community lots; and
(b)
that is passed at a properly convened meeting of the corporation without any vote being cast against it;
wall includes a door or window.
(2)
For the purposes of this Act, allotments or primary parcels will be taken to be contiguous if they abut one another at any point or if they are separated only by—
(a)
a street, road, railway, thoroughfare, travelling stock route, watercourse or channel; or
(b)
a reserve or other similar open space dedicated for public purposes.
(3)
For the purposes of subsection (2) allotments or primary parcels will be taken to be separated by intervening land if a line projected at right angles from any point on the boundary of one of the allotments or primary parcels with the intervening land would intersect a boundary of the other allotment or primary parcel with the intervening land.
(4)
If a primary lot is divided by a secondary plan and one or more of the secondary lots created by the plan are used, or are intended to be used, or are taken to be used (see subsection (5)), solely or predominantly for residential purposes, the primary lot will be taken, for the purposes of this Act, to be used solely or predominantly for residential purposes.
(5)
If a secondary lot is divided by a tertiary plan and one or more of the tertiary lots created by the plan are used, or are intended to be used, solely or predominantly for residential purposes, the secondary lot will be taken, for the purposes of this Act, to be used solely or predominantly for residential purposes.
(6)
If a primary lot is divided by a secondary plan, the secondary scheme will be taken to comprise part of the primary scheme and if a secondary lot is divided by a tertiary plan, the tertiary scheme will be taken to comprise part of the primary and secondary schemes.
(7)
For the purposes of this Act a community parcel will be taken to be subject to a leaseback arrangement if each of the community lots is subject to a lease to the same person (whether the developer or some other person) or some but not all of the community lots are subject to leases to the same person and the remaining community lots are owned by the lessee.
(8)
Where a community parcel comprised of a primary lot or a secondary lot2 is subject to a leaseback arrangement, the lessee (and not the secondary or tertiary corporation) will be taken to be the owner of the lot for the purpose of applying subsection (7).
(9)
A document will be taken to have been filed with a plan of community division under this Act when the Registrar-General certifies that it has been filed with the plan in accordance with this Act.
(10)
An explanatory note to a provision of this Act does not form part of the provision to which it relates.
(11)
Where—
(a)
this Act requires the scheme description lodged with the Registrar-General to be endorsed by the relevant development authority; and
(b)
—
(i)
all the consents or approvals required under the Planning, Development and Infrastructure Act 2016 in relation to the division of the land (and a change in the use of the land (if any)) in accordance with the scheme description and the plan of community division have been granted; or
(ii)
no consent or approval is required under that Act in relation to the division of the land (or a change in the use of the land),
the relevant development authority must, subject to section 30(4), endorse the scheme description to the effect of either paragraph (b)(i) or (ii).
(12)
The endorsement of a scheme description does not limit the relevant development authority's right to refuse, or to place conditions on, development authorisation under the Planning, Development and Infrastructure Act 2016 in relation to any other development envisaged by the scheme description.
(13)
If—
(a)
a licensed surveyor is uncertain about the location of a part of the service infrastructure; and
(b)
identifies the part that he or she is uncertain about in a certificate that a plan has been correctly prepared in accordance with this Act,
the following provisions apply:
(c)
the certificate is not invalid for the purposes of this Act because of the surveyor's uncertainty as to the location of that part of the service infrastructure; and
(d)
no civil liability attaches to the surveyor because the location of that part of the service infrastructure is shown on the plan incorrectly.
Explanatory Notes—
1Subparagraph (ii) looks at the number of votes against the resolution rather than the number of votes in favour of it. For example in an 80 lot scheme 21 votes must be cast against a resolution for it to fail to be a special resolution.
2A primary lot that is divided by a secondary plan is a secondary community parcel and a secondary lot divided by a tertiary plan is a tertiary community parcel (see definitions of secondary and tertiary parcels). For the other purposes of the Act the secondary or tertiary corporation is regarded as the owner of the primary or secondary lot. But for the purpose of determining under subsection (7) whether a primary or secondary parcel is subject to a leaseback arrangement, the lessee under a leaseback arrangement over a primary or secondary lot forming part of the primary or secondary parcel should be regarded as the owner of the primary or secondary lot.

4Associates

(1)
A person is an associate of another person for the purposes of this Act if—
(a)
a relationship of a kind referred to in subsection (2) exists between them; or
(b)
they are linked by a series of relationships of a kind or kinds referred to in subsection (2) through one or more other persons.
(2)
Subsection (1) applies in relation to the following kinds of relationships:
(a)
the relationship between relatives;
(b)
the relationship between a guardian and a child or a guardian and a protected person;
(c)
the relationship between partners;
(d)
the relationship between employer and employee;
(e)
the relationship where one person is bound to, or usually does, act in accordance with the directions, instructions or wishes of another person;
(f)
the relationship between a body corporate and an executive officer of the body corporate;
(g)
the relationship between a body corporate and a person who is in a position to control or influence the activities of the body corporate;
(h)
fiduciary relationships.

5This Act and the Real Property Act 1886 to be read together

This Act and the Real Property Act 1886 will be read together as a single Act.

Part 2Scope of the Act6Nature of division under this Act

(1)
This Act provides for the division of land into lots and common property.
(2)
A lot created by division under this Act is a community lot or a development lot.

7What land can be divided

(1)
Land comprised in an allotment may be divided into two or more community lots (primary lots) and common property by a primary plan of community division.1
(2)
A primary lot created by a primary plan of community division under subsection (1) may be divided into two or more community lots (secondary lots) and common property by a secondary plan of community division.
(3)
A secondary lot created by a secondary plan of community division under subsection (2) may be divided into two or more community lots (tertiary lots) and common property by a tertiary plan of community division.
Explanatory Note—
1The first level of division under this Act is into primary lots and common property. The Act does not require primary lots to be further divided into secondary lots and it is envisaged that most divisions (especially in the smaller schemes) will not go beyond the primary level.

8Development lots

(1)
A plan of community division may, in addition to dividing land into community lots and common property, create one or more development lots to enable division of the community parcel to be undertaken in stages.
(2)
The land comprised in a development lot will be divided during a subsequent stage or stages in accordance with a development contract.
(3)
The division of a development lot results in the creation of community lots of the same kind as those created in previous stages1 and may involve the creation of common property as well.

(4)
Subject to the scheme description and the development contract, the owner of a development lot may, if he or she wishes to, divide the lot in stages.
Explanatory Note—
1For example, if a plan of community division divides land into primary lots, common property and a development lot, the lots created by subsequent division of the development lot can only be primary lots.

9Strata division

(1)
A plan of community division (to be called a strata plan) may create community lots with defined upper and lower boundaries as well as lateral boundaries.
(2)
Each strata lot must be wholly or partly within a building that has been erected on the community parcel and the boundaries of the lots, or parts of the lots, that are within the building must be defined by reference to the building.

10The community corporation

(1)
A community corporation is established when a plan of community division is deposited by the Registrar-General in the Lands Titles Registration Office.
(2)
The owners of the community lots are the members of the community corporation.
(3)
The corporation is the mechanism by which the owners of community lots participate in the administration of the community parcel.

11The scheme description

(1)
Except in the case of a small scheme (see section 15), the original owner of the community parcel (the developer) is required to lodge a description of the scheme for the division, development and administration of the community parcel (the scheme description) with the plan of community division.
(2)
The scheme description is filed with the community plan by the Registrar-General when depositing the plan in the Lands Titles Registration Office.
(3)
Its purpose is to provide a brief description of the nature of the scheme to which the relevant development authority has given its consent for the benefit of persons considering purchasing or entering into any other dealing with a lot created by the scheme.
(4)
The by-laws of the scheme and a development contract (if any) relating to the scheme must be consistent with the scheme description.

12By-laws

(1)
By-laws may be used to regulate—
(a)
the use and enjoyment of the common property; and
(b)
the purpose or purposes for which community lots may be used; and
(c)
the design, construction and appearance of buildings on the common property and the community lots and the landscaping of community lots.
(2)
The first by-laws are lodged with the application for division and may be varied from time to time by special resolution1 of the community corporation.
Explanatory Note—
1Except where the number of votes that may be cast in respect of each lot is to be changed in which case a unanimous resolution is required—see section 87(2).

13Staged development and development contracts

(1)
If the scheme description indicates that the community parcel is to be (or is likely to be) divided in stages—
(a)
the land to be divided in a subsequent stage must be shown on the community plan as a development lot; and
(b)
the developer must execute a development contract requiring him or her to apply for division of that land at a later date in accordance with the scheme description.1
(2)
If the scheme description indicates that the developer is to (or is likely to) erect buildings or other improvements on a development lot or the common property, the developer must execute a development contract requiring the developer to erect the buildings or make the improvements in accordance with the scheme description.
(3)
If the scheme description indicates that a community lot is to be (or is likely to be) divided or otherwise developed in a particular manner or for a particular purpose, the developer must execute a development contract requiring the developer to divide or develop the lot in that manner or for that purpose.
(4)
Successive owners of the community lot are bound by the contract referred to in subsection (3).
Explanatory Note—
1A developer can be required by a development contract to divide a primary, secondary or tertiary parcel in stages. A part of the parcel (a development lot) is set aside for this purpose. A developer can also be required by a development contract to divide a primary lot by a secondary plan or a secondary lot by a tertiary plan (see subsection (3)). Although this division occurs after the division of the primary or secondary parcel it is not referred to in this Act as staged division.

Part 3Division of land by plan of community divisionDivision 1Application for division14Application

(1)
The registered proprietor of an estate in fee simple in—
(a)
land comprising an allotment or allotments;
(b)
land comprising a primary lot or a secondary lot,
may apply to the Registrar-General for the division of the land by a plan of community division.
(2)
If the land to be divided is subject to a life estate, the proprietors of the life estate and the reversionary or remainder interest will be taken together, for the purposes of subsection (1), to be the proprietors of an estate in fee simple in the land.
(3)
The application must be in a form approved by the Registrar-General and must—
(a)
include the names and addresses of the first owners of the lots and must specify the lot or lots to be owned by each of them; and
(b)
include the address of the corporation that will be established on deposit of the plan of community division; and
(c)
include such other information as the Registrar-General requires.
(4)
The application must be accompanied by—
(a)
the fee prescribed by regulation; and
(b)
the plan of community division; and
(d)
the scheme description endorsed by the relevant development authority (a scheme description is not required for certain small schemes—see section 15); and
(f)
the first by-laws of the scheme; and
(g)
if the scheme description indicates—
(i)
that the community parcel is to be (or is likely to be) divided in stages; or
(ii)
that the owner of a particular community lot is to (or is likely to) divide the lot or develop it in any other manner; or
(iii)
that the developer is to (or is likely to) make improvements to, or undertake development work on, a development lot or the common property,
an appropriate development contract or contracts; and
(h)
a certificate from a licensed surveyor in the form prescribed by regulation (which must be endorsed on the plan) certifying that the plan has been correctly prepared in accordance with this Act to a scale determined by the Registrar‑General; and
(i)
a certificate from a land valuer in the form prescribed by regulation (which must be endorsed on the schedule of lot entitlements) certifying that the schedule is correct (the Registrar-General may refuse to accept the certificate if given more than six months before the application is lodged); and
(j)
any instrument, duly executed, that is to be registered on deposit of the plan; and
(k)
such other documentary material as the Registrar-General may require.
(5)
The plan of community division—
(a)
must be in a form approved by the Registrar-General; and
(b)
must divide the land into two or more community lots and common property; and
(c)
may include one or more development lots; and
(d)
must delineate the boundaries of the land and the lots and common property into which the land is divided in a manner that allows those boundaries to be ascertained; and
(e)
must as far as practicable delineate the service infrastructure (but not that part of the service infrastructure within the boundaries of a community lot if it does not provide a service to any other lot or the common property); and
(f)
must delineate the streets, roads, thoroughfares, reserves or similar open spaces (if any) that will, on deposit of the plan, be vested in a council or prescribed authority or will revert to the Crown; and
(g)
must delineate the easements (if any) of a kind referred to in section 25; and
(h)
must designate each lot by a distinguishing number; and
(i)
must have annexed to it a schedule of lot entitlements in relation to the community lots in a form approved by the Registrar-General; and
(j)
must comply with any requirements stipulated by the Registrar-General.
(5a)
The Registrar‑General must not deal with the application unless satisfied that the certificate from the State Planning Commission required by section 138 of the Planning, Development and Infrastructure Act 2016 has been given, and is in force, in relation to the development.
(6)
The certificate from the State Planning Commission under section 138 of the Planning, Development and Infrastructure Act 2016 expires at the expiration of one year after the application for the division of the land was lodged with the Registrar-General unless the Registrar-General extends the life of the certificate.
(7)
A primary lot cannot be divided by a secondary plan if the scheme description or the by-laws of the primary scheme prohibit it.
(8)
A secondary lot cannot be divided by a tertiary plan if the scheme description or the by-laws of the primary or secondary scheme prohibit it.

15Scheme description not required for certain small schemes

(1)
There is no need to lodge a scheme description with the Registrar-General if—
1. (a)
  the plan of community division—
  1. (i)
    does not create more than six community lots (or such other number as is prescribed by regulation); and
  2. (ii)
    does not create a development lot; and
2. (b)
  each of the community lots is intended to be used solely or predominantly for residential purposes.
(2)
If the community corporation subsequently applies to the Registrar-General to amend the plan of community division to increase the number of community lots to a number that exceeds the number prescribed by or under subsection (1)(a)(i), the application must be accompanied by a scheme description endorsed by the relevant development authority.

15AApplication may deal with statutory encumbrances

Despite any other statutory provision to the contrary, the Registrar‑General may treat an application under this Part as if it included an application for the variation or termination of a statutory encumbrance if—
(a)
the application or the plan of community division specifies that variation or termination of a statutory encumbrance is to be registered or noted; and
(b)
the application is accompanied by—
(i)
a certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and
(ii)
such other documentary material in relation to the statutory encumbrance as the Registrar‑General may require.

16Consents to application

(1)
The applicant must provide evidence to the satisfaction of the Registrar-General that—
(a)
the holder of a registered encumbrance over the land to be divided consents to the application; and
(b)
where deposit of the plan in the Lands Titles Registration Office will affect the estate or interest of a person in land outside the community parcel—that person consents to the application; and
(c)
where deposit of the plan in the Lands Titles Registration Office will operate to vest an estate or interest in land (whether within or outside the community parcel) in a person—that person consents to the application.
(2)
The Registrar-General may, if he or she thinks fit, dispense with the consent of a person referred to in subsection (1).
(3)
If the deposit of a plan of community division would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has or claims an estate or interest in the servient land is not required (unless the Registrar‑General determines otherwise in a particular case) in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land.

17Application in relation to part of the land in a certificate

(1)
Where an allotment comprises a part, but not the whole, of the land in a certificate of title, an application for division of the allotment under this Act can only be made if the remainder of the land in the certificate—
1. (a)
  constitutes the whole of an allotment or a number of allotments; or
2. (b)
  constitutes an allotment or allotments and a part allotment or part allotments that are contiguous with that allotment or one or more of those allotments.
(2)
The requirement for contiguity in subsection (1)(b) does not apply to a part allotment that was not contiguous with any allotment in the certificate before the division occurred.

18Status of plan and application

(1)
The plan and the application for division will, upon being lodged with the Registrar-General, be taken for the purposes of the Real Property Act 1886 to be a single instrument presented for registration and will have priority over other instruments in accordance with section 56 of that Act.
(2)
Subject to subsection (3), the plan or the application to which it relates cannot be withdrawn or amended without the consent of all the persons who have consented to the application.
(3)
The Registrar-General may permit an applicant, or a person who has consented to the application, to amend the application or the plan to which it relates in order to comply with this Act or the Real Property Act 1886 or with a requirement of the Registrar-General under this Act or the Real Property Act 1886.
(4)
The provisions of the Real Property Act 1886 that apply to, or in relation to, instruments of a particular class will, subject to this Part, apply (with any necessary adaptations or modifications) to, or in relation to, a plan and the application for division if deposit of the plan in the Lands Titles Registration Office—
(a)
would operate to vest in a person under section 23 the same kind of estate or interest as is vested by registration of instruments of that class; or
(b)
would discharge or otherwise extinguish an estate or interest in land under section 23 of the same kind as is discharged or extinguished by registration of instruments of that class.

19Special provisions relating to strata plans

(1)
A strata plan must divide the building on the community parcel (or, if there is more than one building, at least one of them) so as to create at least one lot that is situated above another lot in the building.
(2)
Subsection (1) does not apply to a strata plan that was originally deposited in the Lands Titles Registration Office under the Strata Titles Act 1988 and has become a strata plan under this Act by virtue of an election under clause 2 of the Schedule.
(3)
A strata lot—
(a)
may be below, on or above the surface of land; and
(b)
may be wholly on one storey or partly on one storey and partly on another or others; and
(c)
must have upper and lower boundaries as well as lateral boundaries that are defined by reference to parts of the building; and
(d)
may include an area (a lot subsidiary) within the building or comprising land outside the building to be used for a purpose that is ancillary to the purpose for which the rest of the lot is to be used.
(4)
Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a lot by strata plan—
(a)
where a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence;
(b)
where a boundary is defined by reference to a floor—the boundary is the upper surface of the floor;
(c)
where a boundary is defined by reference to a ceiling or roof—the boundary is the under surface of the ceiling or roof.

Division 2Lot entitlement20Lot entitlement

(1)
The lot entitlement of a community lot is a number assigned to the lot that bears in relation to the aggregate of the lot entitlements of all of the community lots defined on the community plan (within a tolerance of plus or minus 10 per cent) the same proportion that the value of the lot bears to the aggregate value of those lots.1
(2)
The lot entitlement of a lot must be expressed as a whole number.
(3)
The regulations may provide that the aggregate of the lot entitlements of all the community lots defined on a plan must be equal to a number fixed by the regulations.
(4)
The unimproved value of the lots will be used to establish lot entitlements.
(5)
In the case of a strata lot this will be taken to include the value of the part of the building containing or comprising the lot without taking into account the value of fixtures or other improvements.
Explanatory Note—
1Lot entitlements determine the shares in which lot owners make monetary contributions to the community corporation and are responsible for liabilities of the corporation and the shares in which the assets of the corporation are divided on cancellation.

21Application to amend schedule of lot entitlements

(1)
A community corporation may apply to the Registrar-General to amend the schedule of lot entitlements.
(2)
The application must be in a form approved by the Registrar-General and must be accompanied by—
1. (a)
  the fee prescribed by regulation; and
2. (b)
  a new schedule of lot entitlements in a form approved by the Registrar-General certified correct by a land valuer (the Registrar-General may refuse to accept the schedule if it was certified to be correct more than six months before the application was lodged).
(3)
The corporation must provide evidence to the satisfaction of the Registrar-General that the application is made in pursuance of a unanimous resolution of the community corporation.
(4)
The corporation must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the proposed amendment:
1. (a)
  a person who is the owner of a community lot at the relevant time but who did not have the opportunity of voting against the resolution of the corporation authorising the proposed amendment because he or she was not a member of the corporation when the vote was taken; and
2. (b)
  a prospective owner at the relevant time of a community lot; and
3. (c)
  a registered encumbrancee or prospective encumbrancee at the relevant time of a community lot; and
4. (d)
  the persons referred to in subsection (5).
(5)
The consents of the following persons are also required:
1. (a)
  where the corporation is a primary corporation and a primary lot is divided by a secondary plan—
  1. (i)
    a person who is the owner of a secondary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment because he or she was not a member of the secondary corporation when the vote was taken; and
  2. (ii)
    a prospective owner at the relevant time of a secondary lot; and
  3. (iii)
    a registered encumbrancee or prospective encumbrancee at the relevant time of a secondary lot; and
2. (b)
  where the corporation is a primary corporation and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the corporation is a secondary corporation and a secondary lot is divided by a tertiary plan—
  1. (i)
    a person who is the owner of a tertiary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment because he or she was not a member of the tertiary corporation when the vote was taken; and
  2. (ii)
    a prospective owner at the relevant time of a tertiary lot; and
  3. (iii)
    a registered encumbrancee or prospective encumbrancee at the relevant time of a tertiary lot.
(6)
The consent of a registered encumbrancee is not required under this section in relation to an easement registered in his or her name.
(7)
The consent of the owner or encumbrancee of a lot is not required under this section if, before the relevant time, an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner or an encumbrancee of the lot.
(8)
The consent of an encumbrancee of a lot is not required under this section if the proportion that the new lot entitlement of the lot bears to the aggregate of the new lot entitlements of all the lots is within a range of plus or minus ten per cent of the proportion that the value of the lot bears to the aggregate values of all of the lots based on the valuations used when preparing the previous schedule of lot entitlements.

(9)
If the requirements of this section are satisfied, the Registrar-General must substitute the new schedule of lot entitlements for the previous schedule.
(10)
In this section—

prospective encumbrancee in relation to a lot means a person who will hold a registered encumbrance (not being an easement) over the lot on registration of an instrument that has been presented for registration at the Lands Titles Registration Office but has not been registered;
prospective owner in relation to a lot means a person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;
relevant time means the time at which the application for amendment of the schedule of lot entitlements is lodged with the Registrar-General by the community corporation.

Division 3Deposit of community plan22Deposit of community plan

(1)
Where—
(a)
application is made for the division of land by a community plan in accordance with this Act; and
(b)
the requirements made by or under this Act in relation to the application have been satisfied; and
(c)
the plan conforms with the requirements of this Act,
the Registrar-General must deposit the plan in the Lands Titles Registration Office and assign a number to it.
(2)
The Registrar-General must file the following documents with a plan deposited under subsection (1)—
(a)
the scheme description (except in the case of certain small schemes where a scheme description is not required—see section 15); and
(b)
the by-laws that will apply in relation to the scheme; and
(c)
the development contract or contracts (if any).
(3)
On the deposit of a community plan under subsection (1)—
(a)
an appropriate note must be entered on the certificate or certificates of title for the land to which the plan relates; and
(b)
the existing certificate or certificates for the land must then be cancelled and new certificates issued for the lots and common property created by the plan.
(4)
A certificate of title for a lot or common property must state that the land comprised in the certificate is part of a community parcel which must be identified by reference to the number of the community plan.
(5)
Where land comprising an allotment is divided by a plan of community division, the land ceases to comprise an allotment upon deposit of the plan.

23Vesting etc of lots etc on deposit of plan

(1)
On deposit of a plan of community division—
(a)
the common property vests in the owners of the community lots but the certificate of title for the common property will be issued in the name of the community corporation;
(b)
if immediately before division the land divided comprised one allotment or two or more allotments owned by the same person, the lots will vest in that person and certificates for the lots will be issued in that person's name;
(c)
if immediately before division the land divided comprised one or more allotments owned by more than one person, the lots will vest in one or two or more of those persons in the manner stated by the application and the certificates for the lots will be issued accordingly;
(d)
if the land divided comprises a primary or secondary lot, the lots created by the plan will vest in the owner of the primary or secondary lot.
(2)
Where a plan, or the application for division, states that an estate or interest in land (not being an estate in fee simple in the common property or a lot) is vested in a person, deposit of the plan in the Lands Titles Registration Office operates to vest the estate or interest in that person to the extent to which it is not already vested in him or her.
(3)
Where a plan, or the application for division, states that an estate or interest in land is discharged or otherwise extinguished whether wholly or in respect of part only of that land, deposit of the plan in the Lands Titles Registration Office operates to discharge or otherwise extinguish that estate or interest wholly or in respect of that part of the land.
(4)
Where the deposit of a plan will operate to vest an encumbrance (other than an easement referred to in section 25) in a person, the terms on which the encumbrance will be held must be specified by including them in, or attaching them to, the application for division or by reference to another registered instrument.
(5)
Where an easement is vested on deposit of a plan, the plan (or another plan referred to in the plan) must delineate the easement and the plan, or the application for division, must specify which land is the dominant land (if any) and which land is the servient land in respect of the easement.
(6)
Subject to this section, where land divided by a community plan is subject to a registered easement or a registered lease—
(a)
in the case of an easement—the easement; and
(b)
in the case of a lease—the lease and any encumbrance registered in relation to the lease,
will be registered on the relevant certificates of title issued under this section.
(7)
Subject to this section, where land divided by a community plan is subject to a registered encumbrance (other than a statutory encumbrance, an easement or a lease or encumbrance registered in relation to a lease) that is to continue after the deposit of the plan, the encumbrance—
(a)
will be registered on the certificate of title for each lot; but
(b)
will not be registered on the certificate for the common property and the encumbrance will be taken to be discharged to that extent.
(8)
The Registrar-General must, in relation to a statutory encumbrance, make such notes or other endorsements on the certificate of title for any lot, or for the common property, as may be appropriate according to the nature and extent of the encumbrance.
(9)
Where duty is payable under the Stamp Duties Act 1923 in relation to two or more transactions that will be effected by deposit of a plan of community division, each of the transactions will be taken to be effected by a separate instrument for the purposes of assessing duty.

24Easements for support, shelter, services and projections

(1)
The following easements exist between the lots and between the lots and common property, to the extent required by the nature of the community scheme or by the nature of the buildings or other improvements erected on, or made to, the community parcel (whether before or after deposit of the community plan)—
1. (a)
  easements of support1 and shelter;
2. (b)
  easements for the establishment, maintenance and repair of the service infrastructure;
3. (c)
  easements for the provision of the following services by means of the service infrastructure—
  1. (i)
    the supply of water, gas, electricity, heating oil or air-conditioned air; and
  2. (ii)
    ventilation; and
  3. (iii)
    the transmission of telephonic, radio, computer and television signals; and
  4. (iv)
    the removal of sewage and the drainage and water; and
  5. (v)
    the removal or disposal of garbage and waste; and
  6. (vi)
    the provision of any other similar service;
4. (d)
  easements for the projection of window sills, windows, window awnings, eaves, guttering and other minor parts of a building.
(2)
An easement for the support or shelter of a building or other improvement does not arise under subsection (1) if the building or other improvement was erected or made after the deposit of the community plan (or, in the case of a development lot, after the division of the development lot by amendment of the community plan) unless—
1. (a)
  the building or other improvement is erected or made pursuant to a development contract; or
2. (b)
  the building or other improvement provides support or shelter for the building or improvement from which it is to receive support or shelter.
(3)
An easement for projections only arises under subsection (1)(d) in respect of—
1. (a)
  a building erected before the deposit of the community plan or, in the case of a development lot, before the division of the development lot by amendment of the community plan; or
2. (b)
  a building erected pursuant to a development contract.
(4)
The cables, wires, pipes, sewers, drains, ducts, plant and equipment comprising the service infrastructure will be located—
1. (a)
  in the positions specified in the plan of community division; or
2. (b)
  if no position has been specified—in the position agreed by the owners of the land affected or if they cannot reach agreement, the position determined by the appropriate court under Part 14.
(5)
Where a cable, wire, pipe, sewer, drain, plant or equipment was laid or installed before the plan of community division was deposited, the owners of the land affected will be taken to have agreed to the position in which the cable, wire, pipe, sewer, drain, plant or equipment was laid or installed.

Explanatory Note—
1An example of an easement for support created by subsection (1) is the right to use a party wall for the support of floors, ceilings, roofs etc.

25Easements in favour of Government instrumentalities

Section 223LG of the Real Property Act 1886 applies in relation to a plan of community division deposited in the Lands Titles Registration Office as though it were a plan of division deposited under Part 19AB of that Act.

26Vesting of certain land in council etc

(1)
Any land that comprises part of the land divided by a deposited plan of community division but that is not common property or part of a lot and is shown on the plan as a street, road, thoroughfare, reserve or similar open space—
(a)
is vested in fee simple in the council for the area in which the community parcel is situated; or
(b)
where the parcel is not within the area of a council—
(i)
if provision is made by the regulations for the land to vest in an authority prescribed by the regulations—vests in that authority; or
(ii)
in any other case—reverts to the Crown.
(2)
All land shown on a deposited plan of community division as a street, road, thoroughfare, reserve or other similar open space that vests in a council or other authority or reverts to the Crown under this section—
(a)
must be held for the purposes indicated by the plan; and
(b)
is subject to such easements (excluding rights-of-way in the case of a street, road or thoroughfare) as are indicated on the plan; and
(c)
is free of all other estates and interests.
(3)
All land shown on a deposited plan of community division as a street, road, or thoroughfare that vests in a council or other authority or reverts to the Crown under this section will, for all purposes, be regarded as a public street, road, or thoroughfare.
(4)
Compensation is not payable in respect of the vesting or reversion of land under this section.
(5)
An easement that is appurtenant to land shown on a deposited plan of community division as a street, road, thoroughfare, reserve or other similar open space that vests in a council or other authority or reverts to the Crown under this section ceases to be appurtenant to that land upon deposit of the plan in the Lands Titles Registration Office unless the plan shows that the easement will remain appurtenant to that land.

27Encroachments

(1)
If it appears from a community plan that any part of a building encroaches over land not included in the community parcel, the plan can only be deposited if—
(a)
no part of a lot to be created by the plan forms part of the encroachment; and
(b)
—
(i)
the encroachment is over land vested in, or under the control or management of, a council and the council consents to the encroachment; or
(ii)
the encroachment consists of the protrusion of footings, or footings and associated structures of a nature prescribed by regulation, by not more than the distance prescribed by regulation beyond the boundaries of the parcel, and the owner of the land over which the encroachment occurs consents to the encroachment; or
(iii)
it is established to the Registrar-General's satisfaction that the encroachment is otherwise authorised by law.
(2)
Where an application affected by an encroachment is granted by the Registrar-General—
(a)
the Registrar-General will, on the deposit of the plan, enter the encroachment on any relevant certificate of title or on any relevant instrument registered in the General Registry Office; and
(b)
any consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.

Division 4Common property28Common property

(1)
The common property created by a community plan comprises—
(a)
those parts of the community parcel that do not comprise or form part of a lot; and
(b)
the service infrastructure (except for any part of the service infrastructure that is vested in a Minister of the Crown or other authority or person and the parts of the service infrastructure that provide a service to only one lot); and
(c)
in the case of a strata plan—those parts of the building that are not part of a lot; and
(d)
any building that is not for the exclusive use of a lot and was erected before the deposit of the community plan; and
(e)
any building erected by the developer or the community corporation as part of the common property; and
(f)
any other building on the community parcel that has been committed to the care of the community corporation as part of the common property.
(2)
The common property may be used for any lawful purpose including a commercial purpose.
(3)
Any income arising from the use of the common property must be paid into the administrative fund or the sinking fund.
(4)
If a plan of community division indicates that members of the public have access to the common property, or a part of it, then members of the public are entitled to use the common property, or the relevant part of it, in accordance with the by-laws.
(5)
Despite any Act or law to the contrary, uninterrupted use by the public of common property under subsection (4) does not vest the public or any local or State government authority any rights in respect of the common property.

29Vesting of the common property

(1)
The common property of a community parcel is vested in fee simple as tenants in common in the owners for the time being of the community lots in shares proportionate to the lot entitlements of their respective lots.
(2)
If a primary parcel has been divided into primary and secondary lots or primary, secondary and tertiary lots, the common property of the primary parcel is vested in fee simple as tenants in common in the owners for the time being of the primary and secondary lots or the primary, secondary and tertiary lots in shares proportionate to the lot entitlements of their respective lots.
(3)
If a secondary parcel has been divided into secondary and tertiary lots, the common property of the secondary parcel is vested in fee simple as tenants in common in the owners for the time being of the secondary and tertiary lots in shares proportionate to the lot entitlements of their respective lots.
(4)
An owner's interest in a lot is inseparable from his or her interest in the common property and accordingly—
(a)
a dealing affecting the lot affects, without express reference, the interest in the common property in the same manner and to the same extent; and
(b)
the owner of a lot cannot separately deal with or dispose of the interest in the common property.
(5)
If the community corporation is authorised by or under this Act to enter into a transaction affecting the common property, it may enter into the transaction and execute documents related to the transaction, in its own name, as if it were the owner of an estate in fee simple in the common property.
(6)
A community corporation may sue and be sued for rights and liabilities related to the common property as if it were the owner and occupier of the common property.

Part 4The scheme description30Scheme description

(1)
A scheme description must—
(a)
be in a form approved by the Registrar-General; and
(b)
identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and
(c)
describe the purpose or purposes for which the lots and common property may be used; and
(d)
specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and
(e)
if the scheme is to be completed in stages—
(i)
identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and
(ii)
provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and
(iii)
state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and
(f)
if the owner or owners of one or more of the community lots is to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and
(g)
if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and
(h)
if the division or other development of the land pursuant to the scheme is subject to conditions imposed by the relevant development authority when granting its consent or imposed by the Planning, Development and Infrastructure Act 2016 or by regulations under that Act—set out those conditions in full; and
(i)
set out any other important features of the scheme; and
(ia)
be endorsed with a certificate in the form prescribed by regulation from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and
(j)
include any other information required by the regulations.
(2)
The scheme description of a secondary scheme must not be inconsistent with the scheme description or the by-laws of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the by-laws of the secondary or primary scheme.
(3)
A scheme description should be written as clearly as possible and should not include any unnecessary detail.
(4)
Before endorsing a scheme description, the relevant development authority may require modifications to it—
(a)
to add any information that is necessary or desirable in the opinion of the development authority; or
(b)
to clarify any part of the description; or
(c)
to remove any unnecessary detail.

31Amendment of scheme description

(1)
The scheme description of a community scheme may be amended by unanimous resolution of the community corporation but only if consistency is maintained—
(a)
with the plan of community division, the by-laws and the development contract or contracts (if any) of the community scheme; and
(b)
where the scheme description relates to a primary scheme and a primary lot is divided by a secondary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the secondary scheme and if a secondary lot created by the secondary plan is divided by a tertiary plan, the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme; and
(c)
where the scheme description relates to a secondary scheme and a secondary lot is divided by a tertiary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme.1
(2)
The community corporation must lodge a copy of the scheme description as amended (certified in accordance with the regulations) with the Registrar-General.
(3)
The certified copy must—
(a)
be endorsed by the relevant development authority; and
(ab)
be endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the amended scheme description or an officer of the community corporation certifying that the amended scheme description has been correctly prepared in accordance with this Act; and

(b)
be accompanied by the fee prescribed by regulation.
(4)
The corporation must provide evidence to the satisfaction of the Registrar-General that the amendment was made by a unanimous resolution of the corporation.
(5)
The amendment comes into force when a certified copy of the scheme description as amended is filed with the deposited plan of community division by the Registrar-General.
Explanatory Note—
1The scheme description is based on the plan of community division and the by-laws and development contracts must conform with the scheme description. It may be necessary, therefore, to amend the plan, the by-laws or a development contract when amending the scheme description.

32Persons whose consents are required

(1)
The corporation must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the amendment—
(a)
a person who is the owner of a community lot at the relevant time but who did not have the opportunity of voting against the resolution of the corporation amending the scheme description because he or she was not then a member of the corporation; and
(b)
the prospective owner at the relevant time of a community lot; and
(c)
the owner or prospective owner at the relevant time of a development lot; and
(d)
a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a community lot or development lot; and
(e)
the owner or prospective owner at the relevant time of a development lot in a secondary or tertiary scheme that comprises part of the community scheme to which the scheme description relates; and
(f)
the persons referred to in subsection (2).
(2)
The consents of the following persons are required—
(a)
where the corporation is a primary corporation and a primary lot is divided by a secondary plan—
(i)
a person who is the owner of a secondary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment to the scheme description because he or she was not then a member of the secondary corporation; and
(ii)
the prospective owner at the relevant time of a secondary lot; and
(iii)
a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a secondary lot or development lot; and
(b)
where the corporation is a primary corporation and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the corporation is a secondary corporation and a secondary lot is divided by a tertiary plan—
(i)
a person who is the owner of a tertiary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment to the scheme description because he or she was not then a member of the tertiary corporation; and
(ii)
the prospective owner at the relevant time of a tertiary lot; and
(iii)
a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a tertiary lot or development lot.
(3)
The consent of the owner, mortgagee or lessee of a lot is not required under this section if before the relevant time an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner, mortgagee or lessee of the lot.
(4)
In this section—
prospective lessee means the lessee under a lease that has been presented for registration at the Lands Titles Registration Office but has not been registered;
prospective mortgagee means the mortgagee under a mortgage that has been presented for registration at the Lands Titles Registration Office but has not been registered;
prospective owner in relation to a lot means the person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;
the relevant time means the time at which the certified copy of the scheme description as amended is lodged by the community corporation with the Registrar-General.

33Amended copy of scheme description to be filed

If the requirements of this Part are satisfied, the Registrar-General must file the certified copy of the scheme description as amended with the deposited plan of community division in substitution for the scheme description previously filed with the plan.

Part 5By-laws34By-laws

(1)
The first by-laws of a community scheme are the by-laws filed with the community plan by the Registrar-General when depositing the plan in the Lands Titles Registration Office.
(2)
The by-laws of a community scheme must—
(a)
be in a form approved by the Registrar-General; and
(b)
provide for the administration, management and control of the common property; and
(c)
regulate the use and enjoyment of the common property; and
(d)
regulate the use and enjoyment of the community lots to the extent necessary to give effect to the scheme description; and
(e)
be endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the by‑laws certifying that the by‑laws have been correctly prepared in accordance with this Act.
(3)
A by-law may also—
(a)
regulate—
(i)
the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or
(ii)
the maintenance and repair of buildings or other improvements on community lots; or
(iii)
landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or
(b)
impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or
(c)
regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots; or
(ca)
authorise or require the community corporation to act as agent for the owners of community lots in arranging policies of insurance; or
(d)
regulate such other matters as are permitted by this Act to be regulated by by‑laws; or
(e)
impose a penalty, not exceeding the prescribed amount, for contravention of, or failure to comply with, a by-law.
(4)
A by-law may confer discretionary powers on the community corporation or any other person.
(5)
A by-law may apply to a particular lot or lots, to a class or classes of lots, or to lots generally.
(6)
The following provisions apply in relation to a penalty imposed on a person for contravention of, or failure to comply with, a by‑law:
(a)
the penalty is (despite section 29 of the Acts Interpretation Act 1915) payable to the community corporation in accordance with this subsection;
(b)
subject to the making of an application under paragraph (e), the penalty is payable by the person on the date specified for payment in a notice served by the corporation on the person;
(c)
the notice must—
(i)
be in writing in the form prescribed by regulation; and
(ii)
specify the amount of the penalty payable and a date for payment (being not less than 60 days after the notice is served);
(d)
the penalty payable under the notice is recoverable by the community corporation as a debt and, in the case of a notice served on the owner of a community lot, may be recovered by the community corporation as if it were a contribution payable to the community corporation under section 114 (and interest will be payable on the penalty amount in the same way as if it were such a contribution);
(e)
the person may, within 60 days after service of the notice, apply to the Magistrates Court for revocation of the notice and the Court must grant the application if either—
(i)
the Court is not satisfied that the person committed the contravention or failure alleged in the notice; or
(ii)
the Court is satisfied that the contravention or failure alleged in the notice is trifling;
(f)
the community corporation is a party to an application under paragraph (e) and bears the onus of proving, on the balance of probabilities, that the person committed the contravention or failure alleged in the notice;
(g)
if an application is made in accordance with paragraph (e), the penalty specified in the notice is not payable unless the application for revocation is withdrawn or otherwise discontinued by the applicant or is dismissed or refused by the Court (and, in such a case, the penalty will be payable on the date on which the application is so withdrawn, discontinued, dismissed or refused or on the date for payment specified in the notice, whichever occurs later).
(7)
A person's contravention of, or failure to comply with, by‑laws will, for the purposes of this section, be regarded as trifling if, and only if, the person establishes that the circumstances surrounding the commission of the contravention or failure were such that he or she ought to be excused from the imposition of a penalty on the ground that—
(a)
there were compelling humanitarian or safety reasons for the conduct that allegedly constituted the contravention or failure; or
(b)
the person could not, in all the circumstances, reasonably have averted committing the contravention or failure; or
(c)
the conduct allegedly constituting the contravention or failure was merely a technical, trivial or petty instance of a contravention of or failure to comply with the relevant by‑laws.
(8)
The regulations may make further provision in relation to the enforcement of by‑laws.
(9)
In this section—
prescribed amount, in relation to a penalty imposed under by‑laws of a community scheme, means—
(a)
if the community scheme only includes lots that are used, or are intended to be used, solely or predominantly for business or commercial purposes—$2 000; or
(b)
in any other case—$500.

35By-laws may exempt corporation from certain provisions of Act

(1)
The by-laws of a community scheme that does not include more than two community lots may exempt the community corporation from one or more of the following requirements of the Act—
1. (a)
  the requirement to hold annual general meetings (except the first statutory general meeting);
2. (b)
  the requirement to prepare accounting records of the corporation's receipts and expenditure and to prepare an annual statement of accounts;
3. (c)
  the requirement to have the annual statement of accounts audited;
4. (d)
  the requirement to establish administrative and sinking funds;
5. (e)
  the requirement to maintain a register of the names of the owners of the community lots.
(2)
The by-laws of a community scheme that does not include more than three community lots may exempt the community corporation from the requirement to maintain a register of the names of the owners of the community lots.

36By-law as to the exclusive use of part of the common property

(1)
A by-law may confer on the occupier for the time being of a community lot (or the occupiers of a group of lots) the exclusive right to use a specified part of the common property for the purpose or purposes stated in the by-law.
(2)
Where the owner of the lot is—
1. (a)
  a secondary corporation, the by-law will, subject to any restriction or limitation expressed in the by-law, operate for the benefit of the occupiers of the secondary lots; and
2. (b)
  a tertiary corporation, the by-law will, subject to any restriction or limitation expressed in the by-law, operate for the benefit of the occupiers of the tertiary lots.
(3)
The by-law—
1. (a)
  may impose conditions in relation to the use of that part of the common property; and
2. (b)
  may impose requirements on the owner or occupier of the lot; and
3. (c)
  without limiting paragraph (b), may require the owner of the lot to pay a fee (whether periodically or not) to the community corporation or to the owner or owners of another lot or lots.
(4)
The occupier cannot erect a building or install a fixture on the part of the common property of which he or she has exclusive use or alter that part of the common property in any other way without the approval of a special resolution of the corporation.
(5)
A community corporation cannot make a by-law under this section without the written consent of the owner of the lot (or the owners of the group of lots) to which it relates.
(6)
The benefits of a by-law under this section apply for the benefit of subsequent occupiers of the lot or lots concerned and the obligations imposed by a by-law under this section attach to subsequent owners and occupiers of the lot or lots concerned.
(7)
The fee referred to in subsection (3)(c) may be recovered as a debt and the owner of the lot when the fee became payable and the succeeding owners of the lot are jointly and severally liable for payment of the fee.

37Restrictions on making of by-laws

(1)
Subject to subsection (2), a by-law cannot—
(a)
prohibit or restrict the transfer, transmission, leasing (including the granting of a right of occupation) or mortgaging of, or other dealing with, a lot; or
(b)
impose a monetary obligation on the owner or occupier of a lot except where the by-law provides for the exclusive use of part of the common property; or
(c)
prevent access by the owner or occupier or other person to a lot; or
(d)
prevent an occupier of a lot who has a disability from keeping a relevant animal on the lot or restrict the use of a relevant animal by the occupier if the relevant animal is trained to assist the occupier in respect of the disability; or
(e)
prevent a visitor to the community parcel who has a disability from using a relevant animal trained to assist the visitor in respect of the disability.
(2)
A by-law may—
(a)
prohibit or restrict the owner of a lot from leasing or granting rights of occupation in respect of the lot for valuable consideration for a period of less than 2 months; or
(b)
impose a monetary obligation on the owner of a lot in relation to the payment of an insurance premium, where the by‑laws authorise or require the community corporation to act as agent for the owner in arranging the policy of insurance.
(3)
In this section—
assistance animal has the same meaning as in the Equal Opportunity Act 1984;
relevant animal means an assistance animal or a therapeutic animal;
therapeutic animal has the same meaning as in section 88A of the Equal Opportunity Act 1984.

38Certain by-laws may be struck out by Court

(1)
A by-law that—
(a)
reduces the value of a lot; or
(b)
unfairly discriminates against the owner of a lot,
may be struck out by order of the Magistrates Court or the District Court on an application made under Part 14.
(2)
An application referred to in subsection (1) can only be made by a person who was an owner of the lot when the by‑law came into force and must be made within 3 months after the person (or either or any of the owners where the lot is owned by 2 or more persons) first knew, or could reasonably be expected to have known, that the by‑law had been made.
(3)
For the purposes of this section, a reference to an owner of a lot includes a person who has contracted to purchase the lot.

39Variation of by-laws

(1)
Subject to section 87(2), by-laws may be varied by special resolution of the community corporation.
(2)
Within 14 days after the passing of a resolution varying the by-laws or the making of an order by a court varying a by-law, the corporation must lodge with the Registrar‑General—
(a)
a copy of the by-laws as varied; and
(b)
a copy of the resolution or order; and
(c)
the fee prescribed by regulation.
(3)
The Registrar-General may extend the period for lodgement in the case of variation of the by-laws by a court order but not in the case of variation by resolution.
(4)
In the case of variation of the by-laws by resolution, the corporation must provide evidence to the satisfaction of the Registrar-General that the variation was made by a special resolution of the corporation.
(5)
Copies of the resolution and the by-laws as varied must be certified in accordance with the regulations.
(5a)
The certified copy of the by‑laws must be endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the by‑laws or an officer of the community corporation certifying that the by‑laws have been correctly prepared in accordance with this Act.
(6)
If the requirements of this Part are satisfied, the Registrar-General must file the certified copy of the by-laws with the plan of community division in substitution for the copy previously filed with the plan.
(7)
If a community corporation fails to comply with the requirements of this section in relation to the variation of the by-laws by a court order, a member of the corporation may comply with them on its behalf.

40Date of operation of by-laws

(1)
The first by-laws of a community corporation come into operation when the plan of community division is deposited in the Lands Titles Registration Office.
(2)
A resolution or court order varying by-laws comes into operation when the certified copy of the by-laws as varied is filed with the community plan by the Registrar‑General.

41Invalidity of by-laws

(1)
Subject to this section, by-laws are invalid to the extent to which they are inconsistent with—
(a)
this Act or any other Act or subordinate legislation made under this or any other Act; or
(b)
the scheme description filed with the community plan; or
(c)
a development contract filed with the community plan; or
(d)
a development contract of a secondary or tertiary scheme that comprises part of the community scheme to which the by-laws relate; or
(e)
in the case of the by-laws of a secondary scheme—
(i)
the scheme description of the primary scheme; or
(ii)
the by-laws of the primary scheme; or
(f)
in the case of the by-laws of a tertiary scheme—
(i)
the scheme descriptions of the primary or secondary scheme; or
(ii)
the by-laws of the primary or secondary scheme.
(2)
A by-law will be taken to be inconsistent with a scheme description, the by-laws of another scheme or a development contract if, and only if, there are no circumstances in which the by-law can operate consistently with the scheme description, by-laws or development contract.1
Explanatory Note—
1For instance if the scheme description provides that the community lots will be used for residential purposes without specifying the kinds of residential use, the by-laws may prohibit some kinds of residential use such as flats or boarding house accommodation but cannot prohibit all kinds of residential use.

42Application of council by-laws

The by-laws of a council that apply to, or in relation to, an act or activity in a public place but not on private property do not apply in those parts of a community parcel to which members of the public have access and a scheme by-law is not invalid for inconsistency with such a council by-law.

43Persons bound by by-laws

(1)
The following persons are bound by the by-laws of a community scheme—
(a)
the community corporation;
(b)
the owners and occupiers of the community lots and the development lot or lots (if any) comprising the scheme;
(c)
persons entering the community parcel.
(2)
If the by-laws are the by-laws of a primary scheme and a primary lot is divided by a secondary plan or a primary lot is divided by a secondary plan and a lot created by that plan is divided by a tertiary plan, the following persons are also bound by the by‑laws—
(a)
the secondary corporation and (where applicable) the tertiary corporation;
(b)
the owners and occupiers of the community lots and the development lots (if any) created by the secondary plan and (where applicable) the tertiary plan.
(3)
If the by-laws are the by-laws of a secondary scheme and a secondary lot is divided by a tertiary plan, the tertiary corporation and the owners and occupiers of the community lots and the development lots (if any) created by the tertiary plan are also bound by the by-laws.

44Availability of copies of by-laws

(1)
A community corporation must make up-to-date copies of the by-laws available for inspection or purchase by—
(a)
owners and occupiers of lots and (where applicable) of secondary and tertiary lots; and
(b)
persons considering purchasing a lot referred to in paragraph (a) or entering into any other transaction in relation to such a lot.
(2)
The inspection of by-laws must be free of charge and a fee charged for the purchase of by-laws must not exceed the fee prescribed by regulation.

1. published a copy of the notice in a newspaper circulating generally throughout the State; and
2. (c)
  in a case involving an encroachment, left a copy of the notice in a conspicuous place on or near the land over which the encroachment has occurred.

155Service

(1)
A notice to be served on a person under this Act may be served as follows—
(a)
by giving it to the person or an agent of the person; or
(b)
by leaving it for the person with someone apparently over the age of 16 years at his or her place of residence or at any place at which he or she carries on business; or
(c)
by posting it to the person at his or her last known address; or
(ca)
if the person consents to receiving the notice by email—by transmitting the notice by email to the email address provided by the person for that purpose; or
(d)
where the person is the owner or occupier of a lot—by fixing the notice in the manner prescribed by regulation in a prominent position on the lot.
(2)
Where a notice is to be served on the owner of a lot and the owner has died, the notice may be served on the executor or administrator of the owner's estate or, where an executor or administrator has not been appointed, by fixing the notice in the manner prescribed by regulation in a prominent position on the lot.
(3)
If there are two or more owners or occupiers of a lot, a notice will be taken to have been served on all of them if it is served on any one of them.
(4)
A community corporation must keep—
(a)
a letter box, with the name of the corporation clearly shown on it, for postal delivery to the corporation at the community parcel; or
(b)
where there is no postal delivery to the community parcel—a post office box.
(5)
A document may be served on the community corporation—
(a)
by placing it in the corporation's letter box; or
(b)
by post addressed to the corporation or to the presiding officer, treasurer or secretary at the postal address of the corporation.

155AIndemnity fund under Land Agents Act 1994

Money standing to the credit of the indemnity fund maintained under section 29 of the Land Agents Act 1994 may be applied by the Commissioner for Consumer Affairs for any of the following purposes:
(a)
the costs of investigating compliance with this Act;
(b)
the costs of prosecutions for offences against this Act;
(c)
the payment of amounts, approved by the Minister and the Minister responsible for the administration of the Land Agents Act 1994, towards the cost of prescribed advisory services or educational programs relating to this Act conducted for the benefit of members of the public.

155BReview of operation of Act

The Minister must, as soon as is practicable after the second anniversary of the commencement of the Statutes Amendment (Community and Strata Titles) Act 2012 or any provision of that Act—
(a)
cause a report to be prepared on the operation of this Act insofar as it was amended by the Statutes Amendment (Community and Strata Titles) Act 2012; and
(b)
cause a copy of the report to be laid before each House of Parliament.

156Regulations

(1)
The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2)
Without limiting subsection (1) the regulations may—
(a)
prescribe fees payable to the Registrar-General in relation to an application under this Act or in relation to anything to be done by the Registrar-General under this Act;
(b)
require a particular provision or a provision of a particular class to be included in, or excluded from, the by-laws of community schemes generally or of a specified class of community scheme;
(c)
be of general or restricted application;
(d)
may confer discretionary powers;
(da)
assign specified functions to an officer of a community corporation of a specified class;
(e)
may impose a fine (not exceeding $500) for breach of, or non-compliance with, the regulations.

Schedule—Transitional provisions

1Interpretation

In this Schedule—
ordinary resolution of a strata corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of members present and voting on the resolution.

2Election as to application of this Act

(1)
A strata corporation under the Strata Titles Act 1988 may, by ordinary resolution, decide that this Act and not the Strata Titles Act 1988 will apply to, and in relation to, the corporation and the strata scheme.
(2)
The corporation must lodge with the Registrar-General a copy of the resolution (certified in accordance with the regulations to be a true copy) and the Registrar-General must file the resolution with the strata plan.
(3)
The following provisions apply from the time at which the resolution is filed with the strata plan—
(a)
subject to subclause (5), this Act and not the Strata Titles Act 1988 applies to, and in relation to, the corporation and the strata scheme; and
(b)
the strata plan will be taken to be a primary strata plan of community division deposited under this Act and the units created by the plan (including the unit subsidiaries (if any)) will be taken to be primary strata lots having the same boundaries as the units; and
(c)
the common property vests in the owners of the lots but duty is not payable under the Stamp Duties Act 1923 in respect of that vesting; and
(d)
the strata corporation continues in existence as a primary community corporation under this Act; and
(e)
the articles of the strata corporation continue as the by-laws of the community scheme; and
(f)
the number of votes that may be cast in respect of each community lot will be determined in accordance with section 87 except where, immediately before the application of this Act, the number of votes in respect of each unit was equivalent to the unit entitlement of the unit and, in that case, the voting entitlement will remain unchanged until one or more of the lots is used solely or predominantly for residential purposes or the by-laws are amended to change the voting entitlement; and
(g)
the presiding officer, treasurer and secretary and the members of the management committee (if any) of the strata corporation will continue to hold office after the application of this Act as though this Act were in force when they were appointed and they had been appointed under it; and
(h)
if an administrator of the strata corporation has been appointed, the administrator will continue to hold office after the application of this Act as though this Act were in force when he or she was appointed and he or she had been appointed under it; and
(i)
money held by the strata corporation immediately before the application of this Act must be paid into the corporation's administrative or sinking fund under this Act according to the purpose for which the money will be used.
(4)
The Registrar-General must either—
(a)
cancel the certificates of title for the strata lots and common property and issue new certificates of title in their place and must state on the new certificates that the strata scheme is subject to this Act; or
(b)
make endorsements on the certificates for the strata lots and common property to the effect that this Act and not the Strata Titles Act 1988 applies to, and in relation to, the strata scheme.
(5)
Proceedings commenced under the Strata Titles Act 1988 in relation to, a strata corporation or strata scheme before the application of this Act to, or in relation to the corporation or scheme, may be continued and completed under that Act.

3Prescribed building unit schemes

(1)
Where—
(a)
land was, before 22 February, 1968, laid out in a building unit scheme consisting of two or more units designed for separate occupation; and
(b)
as at that date, buildings to which the scheme relates had been erected,
the scheme is one to which this clause applies.
(2)
An application may be made under this Act for the deposit of a plan of community division in relation to land subject to a scheme to which this clause applies.
(2a)
When deposited the plan will be a primary strata plan of community division even if there is no lot situated above another lot in the building (see section 19).
(3)
An application cannot be made under subclause (2) without the consent of—
(a)
the person on whom rights to occupation of the units have been conferred under the scheme; and
(b)
any other person who holds a registered encumbrance (not being an easement) over the land; and
(c)
any company formed to administer the scheme.
(4)
Where a community plan is deposited in pursuance of an application under this clause—
(a)
the scheme is terminated;
(b)
all registered encumbrances (except easements and statutory encumbrances) that had been entered on the certificate for the land are extinguished and any related instrument is discharged (although the Registrar-General will, on due application being made, register any instrument in substitution for any instrument that is cancelled by the operation of this paragraph and may note a caveat on the title without the permission of the Court);
(c)
the certificate for the community lots will be issued in the names of the persons who were entitled to occupation of the units under the scheme;
(d)
the assets and liabilities of any company formed to administer the scheme are transferred to the community corporation.

Legislative history

Notes

•
This version is comprised of the following:

Part 1	9.12.2021
Part 2	9.12.2021
Part 3	9.12.2021
Part 4	9.12.2021
Part 5	9.12.2021
Part 6	9.12.2021
Part 7	9.12.2021
Part 8	1.6.2009
Part 9	9.12.2021
Part 10	9.12.2021
Part 11	9.12.2021
Part 12	1.6.2009
Part 13	28.10.2013
Part 14	28.10.2013
Part 15	9.12.2021
Schedule	4.7.2016

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
1996
37
Community Titles Act 1996
9.5.1996
4.11.1996 (Gazette 31.10.1996 p1460)
1999
33
Financial Sector Reform (South Australia) Act 1999
17.6.1999
Sch (item 11)—1.7.1999 being the date specified under section 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
2001
8
Community Titles (Miscellaneous) Amendment Act 2001
12.4.2001
7.4.2003 (Gazette 20.2.2003 p696)
2001
23
Statutes Amendment (Corporations) Act 2001
14.6.2001
Pt 9 (ss 28—30)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)
2006
17
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 18 (ss 63 & 64)—4.9.2006 (Gazette 17.8.2006 p2831)
2006
43
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 16 (s 52)—1.6.2007 (Gazette 26.4.2007 p1352)
2008
12
Statutes Amendment (Real Property) Act 2008
8.5.2008
Pt 3 (ss 5—32)—1.6.2009 (Gazette 28.5.2009 p1843)
2012
8
Statutes Amendment (Community and Strata Titles) Act 2012
12.4.2012
Pt 2 (new s 155A (as inserted by s 44))—18.7.2013; ss 4—43, new s 155B (as inserted by s 44), 45 & Sch 1—28.10.2013 (Gazette 18.7.2013 p3075)
2013
11
Statutes Amendment (Attorney-General's Portfolio) Act 2013
18.4.2013
Pt 2 (s 4)—28.10.2013 immediately after 8/2012 s 8 (Gazette 6.6.2013 p2498)
2016
29
Real Property (Electronic Conveyancing) Amendment Act 2016
16.6.2016
Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)
2017
5
Statutes Amendment (Planning, Development and Infrastructure) Act 2017
28.2.2017
Pt 8 (ss 20 to 26)—19.3.2021 (Gazette 4.3.2021 p823)
2021
53
Statutes Amendment (Strata Schemes) Act 2021
9.12.2021
Pt 2 (s 3)—9.12.2021
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
4.9.2006
s 3
s 3(1)
body corporate manager
inserted by 8/2012 s 4(1)
28.10.2013
building
substituted by 8/2012 s 4(1)
28.10.2013
business day
inserted by 8/2012 s 4(1)
28.10.2013
by-laws
substituted by 8/2012 s 4(1)
28.10.2013
domestic partner
inserted by 43/2006 s 52(1)
1.6.2007
ERD Court
inserted by 8/2012 s 4(2)
28.10.2013
first statutory general meeting
inserted by 8/2012 s 4(3)
28.10.2013
holder
inserted by 12/2008 s 5(1)
1.6.2009
amended by 5/2017 s 20(1)
19.3.2021
relative
amended by 43/2006 s 52(2)
1.6.2007
relevant development authority
amended by 5/2017 s 20(2)
19.3.2021
officer
inserted by 12/2008 s 5(2)
1.6.2009
schedule of lot entitlements
amended by 12/2008 s 5(3)
1.6.2009
special resolution
amended by 8/2012 s 4(4)
28.10.2013
spouse
inserted by 43/2006 s 52(3)
1.6.2007
statutory encumbrance
amended by 12/2008 s 5(4)—(6)
1.6.2009
amended by 5/2017 s 20(3)
19.3.2021
unanimous resolution
amended by 8/2012 s 4(5)
28.10.2013
s 3(11)
amended by 5/2017 s 20(4)
19.3.2021
s 3(12)
amended by 5/2017 s 20(5)
19.3.2021
s 3(13)
inserted by 8/2001 s 3
7.4.2003
s 4
s 4(1)
amended by 8/2012 s 5
28.10.2013
Pt 2
s 13
s 13(1)
amended by 12/2008 s 6(1)
1.6.2009
s 13(2)
amended by 12/2008 s 6(2)
1.6.2009
s 13(3)
amended by 12/2008 s 6(3)
1.6.2009
Pt 3
s 14
s 14(4)
(e) deleted by 12/2008 s 7(1)
1.6.2009
amended by 12/2008 s 7(2), (3)
1.6.2009
(c) deleted by 29/2016 Sch 2
4.7.2016
s 14(5)
amended by 12/2008 s 7(4)
1.6.2009
s 14(5a)
inserted by 12/2008 s 7(5)
1.6.2009
amended by 5/2017 s 21(1)
19.3.2021
s 14(6)
amended by 5/2017 s 21(2)
19.3.2021
s 15A
inserted by 12/2008 s 8
1.6.2009
s 16
s 16(3)
inserted by 12/2008 s 9
1.6.2009
s 23
s 23(1)
amended by 8/2001 s 4
7.4.2003
s 23(6)
substituted by 12/2008 s 10(1)
1.6.2009
s 23(7)
amended by 12/2008 s 10(2)
1.6.2009
Pt 4
s 30
s 30(1)
amended by 12/2008 s 11
1.6.2009
amended by 5/2017 s 22
19.3.2021
s 31
s 31(3)
amended by 12/2008 s 12
1.6.2009
Pt 5
s 34
s 34(2)
amended by 12/2008 s 13
1.6.2009
s 34(3)
amended by 8/2012 s 6(1), (2)
28.10.2013
s 34(6)
substituted by 8/2012 s 6(3)
28.10.2013
s 34(7)—(9)
inserted by 8/2012 s 6(3)
28.10.2013
s 35
s 35(1)
amended by 8/2012 s 7
28.10.2013
s 36
s 36(5)
amended by 8/2001 s 5
7.4.2003
s 37
s 37(1)
amended by 11/2013 s 4(1), (2)
28.10.2013
s 37(2)
substituted by 8/2012 s 8
28.10.2013
s 37(3)
inserted by 11/2013 s 4(3)
28.10.2013
s 38
s 38(2)
substituted by 8/2012 s 9
28.10.2013
s 38(3)
inserted by 8/2012 s 9
28.10.2013
s 39
s 39(5a)
inserted by 12/2008 s 14
1.6.2009
Pt 6
s 47
s 47(2)
amended by 12/2008 s 15
1.6.2009
amended by 5/2017 s 23
19.3.2021
s 47(6)
inserted by 8/2012 s 10
28.10.2013
s 49
s 49(2)
amended by 8/2012 s 11(1)
28.10.2013
s 49(2a) and (2b)
inserted by 8/2012 s 11(2)
28.10.2013
s 50
s 50(7)
substituted by 12/2008 s 16
1.6.2009
Pt 7
s 52
s 52(1)
substituted by 12/2008 s 17(1)
1.6.2009
s 52(1a)
inserted by 12/2008 s 17(1)
1.6.2009
s 52(2)
amended by 12/2008 s 17(2)—(4)
1.6.2009
s 52(3a)
inserted by 12/2008 s 17(5)
1.6.2009
s 52(4)
(e) deleted by 12/2008 s 17(6)
1.6.2009
amended by 12/2008 s 17(7)
1.6.2009
(b) deleted by 29/2016 Sch 2
4.7.2016
s 52(5a)
inserted by 12/2008 s 17(8)
1.6.2009
amended by 5/2017 s 24(1)
19.3.2021
s 52(6)
amended by 5/2017 s 24(2)
19.3.2021
s 53
s 53(1)
amended by 12/2008 s 18
1.6.2009
s 53A
inserted by 12/2008 s 19
1.6.2009
s 54
s 54(3)
amended by 5/2017 s 25
19.3.2021
s 55
s 55(1)
amended by 12/2008 s 20
1.6.2009
s 58
s 58(3)
(d) deleted by 12/2008 s 21(1)
1.6.2009
amended by 12/2008 s 21(2)
1.6.2009
(c) deleted by 29/2016 Sch 2
4.7.2016
s 58(4)
amended by 12/2008 s 21(3)
1.6.2009
s 58(4a)
inserted by 12/2008 s 21(4)
1.6.2009
amended by 5/2017 s 26(1)
19.3.2021
s 58(4b)
inserted by 12/2008 s 21(4)
1.6.2009
amended by 5/2017 s 26(2)
19.3.2021
s 58(7)
inserted by 8/2001 s 6
7.4.2003
amended by 29/2016 Sch 2
4.7.2016
s 59
s 59(1)
amended by 8/2012 s 12(1)
28.10.2013
s 59(3a) and (3b)
inserted by 8/2012 s 12(2)
28.10.2013
s 59(4)
amended by 8/2012 s 12(3)
28.10.2013
s 60
s 60(3)
amended by 12/2008 s 22(1), (2)
1.6.2009
(b) deleted by 29/2016 Sch 2
4.7.2016
s 64
s 64(1)
amended by 8/2012 s 13
28.10.2013
s 65
amended by 12/2008 s 23
1.6.2009
(c) deleted by 29/2016 Sch 2
4.7.2016
s 67
s 67(1)
amended by 8/2012 s 14(1)
28.10.2013
s 67(1a) and (1b)
inserted by 8/2012 s 14(2)
28.10.2013
s 67(2)
amended by 12/2008 s 24
1.6.2009
amended by 8/2012 s 14(1)
28.10.2013
(e) deleted by 29/2016 Sch 2
4.7.2016
s 69
s 69(1) and (2)
amended by 8/2012 s 15
28.10.2013
s 69(3)
amended by 12/2008 s 25(1)
1.6.2009
s 69(4)
amended by 12/2008 s 25(2)
1.6.2009
s 69(5)
amended by 29/2016 Sch 2
4.7.2016
Pt 9
Pt 9 Div 1
s 75
s 75(5)
amended by 8/2012 s 16(1)
28.10.2013
s 75(6)—(9)
deleted by 8/2012 s 16(2)
28.10.2013
s 78
substituted by 23/2001 s 28
15.7.2001
Pt 9 Div 1A
inserted by 8/2012 s 17
28.10.2013
Pt 9 Div 2
s 79
s 79(1)
amended by 8/2012 s 18(1)
28.10.2013
s 79(2)
amended by 8/2012 s 18(2)
28.10.2013
s 80
s 80(1)
amended by 8/2012 s 19
28.10.2013
(d) deleted by 29/2016 Sch 2
4.7.2016
s 80(2), (2a) and (3)
amended by 8/2012 s 19
28.10.2013
s 81
s 81(1)
amended by 8/2012 s 20(1), (2)
28.10.2013
s 81(2)
amended by 8/2012 s 20(1)
28.10.2013
s 81(2a)
inserted by 8/2012 s 20(3)
28.10.2013
s 81(5)
amended by 8/2012 s 20(1), (4)
28.10.2013
s 82
s 82(2)
amended by 8/2012 s 21
28.10.2013
s 83
s 83(1)
amended by 8/2012 s 22(1)
28.10.2013
s 83(2)
amended by 8/2012 s 22(2)
28.10.2013
s 83(3a) and (3b)
inserted by 8/2012 s 22(3)
28.10.2013
s 83(6a)
inserted by 8/2012 s 22(4)
28.10.2013
s 84
s 84(5)
substituted by 8/2012 s 23(1)
28.10.2013
s 84(5a)
inserted by 8/2012 s 23(1)
28.10.2013
s 84(6)
amended by 8/2012 s 23(2)
28.10.2013
s 84(6a)
inserted by 8/2012 s 23(3)
28.10.2013
s 84(9a) and (9b)
inserted by 8/2012 s 23(4)
28.10.2013
s 84(10a)
inserted by 8/2012 s 23(5)
28.10.2013
s 85
s 85(1)
substituted by 8/2012 s 24(1)
28.10.2013
s 85(2a) and (2b)
inserted by 8/2012 s 24(2)
28.10.2013
s 85(3)
amended by 8/2012 s 24(3)
28.10.2013
s 87
s 87(3)
substituted by 8/2012 s 25
28.10.2013
s 87(4)
inserted by 8/2012 s 25
28.10.2013
s 88
s 88(2)
amended by 8/2012 s 26
28.10.2013
Pt 9 Div 4
s 100
s 100(1)
amended by 12/2008 s 26
1.6.2009
Pt 10
s 101
s 101(3)
amended by 8/2012 s 27(1)
28.10.2013
s 101(4a) and (4b)
inserted by 8/2012 s 27(2)
28.10.2013
s 102
s 102(1)
amended by 8/2012 s 28(1)
28.10.2013
s 102(1a)
inserted by 8/2012 s 28(2)
28.10.2013
substituted by 53/2021 s 3(1)
9.12.2021
s 102(1b)
inserted by 53/2021 s 3(1)
9.12.2021
s 102(2)
amended by 53/2021 s 3(2)
9.12.2021
s 104
s 104(3)—(5)
inserted by 8/2012 s 29
28.10.2013
s 106
s 106(2)
substituted by 8/2012 s 30
28.10.2013
s 108
s 108(1)—(3)
amended by 8/2012 s 31(1), (2)
28.10.2013
s 108(4)
inserted by 8/2012 s 31(3)
28.10.2013
Pt 11
s 113
s 113(1)
amended by 8/2012 s 32(1)
28.10.2013
s 113(1a)
inserted by 8/2012 s 32(2)
28.10.2013
s 113(2)
amended by 8/2012 s 32(3)
28.10.2013
s 113(3) and (4)
inserted by 8/2012 s 32(4)
28.10.2013
s 116
s 116(6)
amended by 33/1999 Sch (item 11(a))
1.7.1999
s 120
amended by 33/1999 Sch (item 11(b))
1.7.1999
s 121
amended by 23/2001 s 29
15.7.2001

s 122
s 122(4)	amended by 33/1999 Sch (item 11(c))	1.7.1999
s 124	amended by 33/1999 Sch (item 11(d))	1.7.1999
s 126
s 126(3)	amended by 8/2012 s 33(1), (2)	28.10.2013
s 126(4)	amended by 12/2008 s 27	1.6.2009
s 127
s 127(1)	amended by 8/2012 s 34(1)	28.10.2013
s 127(2)	amended by 8/2012 s 34(2)	28.10.2013
s 128
s 128(2)	amended by 33/1999 Sch (item 11(e))	1.7.1999
s 129	amended by 33/1999 Sch (item 11(f))	1.7.1999
s 131	amended by 33/1999 Sch (item 11(g))	1.7.1999
Pt 13
s 135
s 135(1)	substituted by 8/2012 s 35	28.10.2013
s 138
s 138(2)	amended by 23/2001 s 30	15.7.2001
s 138(4)	substituted by 8/2012 s 36	28.10.2013
s 139
s 139(1)	amended by 8/2012 s 37(1), (2)	28.10.2013
s 139(1a) and (1b)	inserted by 8/2012 s 37(3)	28.10.2013
Pt 14
s 141	amended by 8/2012 s 38	28.10.2013
s 142
s 142(1)	amended by 8/2012 s 39(1)	28.10.2013
s 142(2)	substituted by 12/2008 s 28	1.6.2009
s 142(3)	amended by 17/2006 s 63	4.9.2006
s 142(8)	amended by 8/2012 s 39(2)—(5)	28.10.2013
s 142(9a)	inserted by 8/2012 s 39(6)	28.10.2013
s 142(13)	amended by 8/2012 s 39(7)	28.10.2013
Pt 15
ss 142A and 142B	inserted by 8/2012 s 40	28.10.2013
s 144	amended by 8/2001 s 7	7.4.2003
s 145A	inserted by 12/2008 s 29	1.6.2009
s 149
s 149(1)	amended by 12/2008 s 30(1), (2)	1.6.2009
s 149(2) and (3)	amended by 12/2008 s 30(3)	1.6.2009
s 149A	inserted by 12/2008 s 31	1.6.2009
amended by 8/2012 s 41	28.10.2013
s 151A	inserted by 12/2008 s 32	1.6.2009
s 152	substituted by 8/2012 s 42	28.10.2013
s 154
s 154(1)	amended by 29/2016 Sch 2	4.7.2016
s 155
s 155(1)	amended by 8/2012 s 43	28.10.2013
s 155A	inserted by 8/2012 s 44	18.7.2013
s 155B	inserted by 8/2012 s 44	28.10.2013
s 156
s 156(2)	amended by 8/2012 s 45	28.10.2013
Sch
cl 2
cl 2(4)	substituted by 8/2001 s 8(a)	7.4.2003
amended by 29/2016 Sch 2	4.7.2016
cl 3
cl 3(2a)	inserted by 8/2001 s 8(b)	7.4.2003
cl 3(4)	amended by 8/2001 s 8(c)	7.4.2003
amended by 17/2006 s 64	4.9.2006
amended by 29/2016 Sch 2	4.7.2016

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Community and Strata Titles) Act 2012, Sch 1—Transitional provisions

1Delegations made prior to commencement

(1)
A delegation of functions or powers made by a community corporation before the commencement of section 17 or made by a strata corporation before the commencement of section 53 is revocable as follows:
(a)
in a case where there is a contract relating to the delegation between the corporation and a body corporate manager—the delegation is revoked on termination or expiry of the contract;
(b)
in any other case—the delegation is revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).
(2)
In this clause—
body corporate manager means a person who carries on a business, or is an employee in a business, that consists of, or includes, acting as a delegate of community corporations under the Community Titles Act 1996 or of strata corporations under the Strata Titles Act 1988.

Historical versions

Reprint No 1—1.7.1999
Reprint No 2—15.7.2001
Reprint No 3—7.4.2003
4.9.2006
1.6.2007
1.6.2009
18.7.2013
28.10.2013
4.7.2016
19.3.2021

Year	No	Title	Assent	Commencement
1996	37	Community Titles Act 1996	9.5.1996	4.11.1996 (Gazette 31.10.1996 p1460)
1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 11)—1.7.1999 being the date specified under section 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
2001	8	Community Titles (Miscellaneous) Amendment Act 2001	12.4.2001	7.4.2003 (Gazette 20.2.2003 p696)
2001	23	Statutes Amendment (Corporations) Act 2001	14.6.2001	Pt 9 (ss 28—30)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 18 (ss 63 & 64)—4.9.2006 (Gazette 17.8.2006 p2831)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 16 (s 52)—1.6.2007 (Gazette 26.4.2007 p1352)
2008	12	Statutes Amendment (Real Property) Act 2008	8.5.2008	Pt 3 (ss 5—32)—1.6.2009 (Gazette 28.5.2009 p1843)
2012	8	Statutes Amendment (Community and Strata Titles) Act 2012	12.4.2012	Pt 2 (new s 155A (as inserted by s 44))—18.7.2013; ss 4—43, new s 155B (as inserted by s 44), 45 & Sch 1—28.10.2013 (Gazette 18.7.2013 p3075)
2013	11	Statutes Amendment (Attorney-General's Portfolio) Act 2013	18.4.2013	Pt 2 (s 4)—28.10.2013 immediately after 8/2012 s 8 (Gazette 6.6.2013 p2498)
2016	29	Real Property (Electronic Conveyancing) Amendment Act 2016	16.6.2016	Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)
2017	5	Statutes Amendment (Planning, Development and Infrastructure) Act 2017	28.2.2017	Pt 8 (ss 20 to 26)—19.3.2021 (Gazette 4.3.2021 p823)
2021	53	Statutes Amendment (Strata Schemes) Act 2021	9.12.2021	Pt 2 (s 3)—9.12.2021

Provision	How varied	Commencement
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	4.9.2006
s 3
s 3(1)
body corporate manager	inserted by 8/2012 s 4(1)	28.10.2013
building	substituted by 8/2012 s 4(1)	28.10.2013
business day	inserted by 8/2012 s 4(1)	28.10.2013
by-laws	substituted by 8/2012 s 4(1)	28.10.2013
domestic partner	inserted by 43/2006 s 52(1)	1.6.2007
ERD Court	inserted by 8/2012 s 4(2)	28.10.2013
first statutory general meeting	inserted by 8/2012 s 4(3)	28.10.2013
holder	inserted by 12/2008 s 5(1)	1.6.2009
amended by 5/2017 s 20(1)	19.3.2021
relative	amended by 43/2006 s 52(2)	1.6.2007
relevant development authority	amended by 5/2017 s 20(2)	19.3.2021
officer	inserted by 12/2008 s 5(2)	1.6.2009
schedule of lot entitlements	amended by 12/2008 s 5(3)	1.6.2009
special resolution	amended by 8/2012 s 4(4)	28.10.2013
spouse	inserted by 43/2006 s 52(3)	1.6.2007
statutory encumbrance	amended by 12/2008 s 5(4)—(6)	1.6.2009
amended by 5/2017 s 20(3)	19.3.2021
unanimous resolution	amended by 8/2012 s 4(5)	28.10.2013
s 3(11)	amended by 5/2017 s 20(4)	19.3.2021
s 3(12)	amended by 5/2017 s 20(5)	19.3.2021
s 3(13)	inserted by 8/2001 s 3	7.4.2003
s 4
s 4(1)	amended by 8/2012 s 5	28.10.2013
Pt 2
s 13
s 13(1)	amended by 12/2008 s 6(1)	1.6.2009
s 13(2)	amended by 12/2008 s 6(2)	1.6.2009
s 13(3)	amended by 12/2008 s 6(3)	1.6.2009
Pt 3
s 14
s 14(4)	(e) deleted by 12/2008 s 7(1)	1.6.2009
amended by 12/2008 s 7(2), (3)	1.6.2009
(c) deleted by 29/2016 Sch 2	4.7.2016
s 14(5)	amended by 12/2008 s 7(4)	1.6.2009
s 14(5a)	inserted by 12/2008 s 7(5)	1.6.2009
amended by 5/2017 s 21(1)	19.3.2021
s 14(6)	amended by 5/2017 s 21(2)	19.3.2021
s 15A	inserted by 12/2008 s 8	1.6.2009
s 16
s 16(3)	inserted by 12/2008 s 9	1.6.2009
s 23
s 23(1)	amended by 8/2001 s 4	7.4.2003
s 23(6)	substituted by 12/2008 s 10(1)	1.6.2009
s 23(7)	amended by 12/2008 s 10(2)	1.6.2009
Pt 4
s 30
s 30(1)	amended by 12/2008 s 11	1.6.2009
amended by 5/2017 s 22	19.3.2021
s 31
s 31(3)	amended by 12/2008 s 12	1.6.2009
Pt 5
s 34
s 34(2)	amended by 12/2008 s 13	1.6.2009
s 34(3)	amended by 8/2012 s 6(1), (2)	28.10.2013
s 34(6)	substituted by 8/2012 s 6(3)	28.10.2013
s 34(7)—(9)	inserted by 8/2012 s 6(3)	28.10.2013
s 35
s 35(1)	amended by 8/2012 s 7	28.10.2013
s 36
s 36(5)	amended by 8/2001 s 5	7.4.2003
s 37
s 37(1)	amended by 11/2013 s 4(1), (2)	28.10.2013
s 37(2)	substituted by 8/2012 s 8	28.10.2013
s 37(3)	inserted by 11/2013 s 4(3)	28.10.2013
s 38
s 38(2)	substituted by 8/2012 s 9	28.10.2013
s 38(3)	inserted by 8/2012 s 9	28.10.2013
s 39
s 39(5a)	inserted by 12/2008 s 14	1.6.2009
Pt 6
s 47
s 47(2)	amended by 12/2008 s 15	1.6.2009
amended by 5/2017 s 23	19.3.2021
s 47(6)	inserted by 8/2012 s 10	28.10.2013
s 49
s 49(2)	amended by 8/2012 s 11(1)	28.10.2013
s 49(2a) and (2b)	inserted by 8/2012 s 11(2)	28.10.2013
s 50
s 50(7)	substituted by 12/2008 s 16	1.6.2009
Pt 7
s 52
s 52(1)	substituted by 12/2008 s 17(1)	1.6.2009
s 52(1a)	inserted by 12/2008 s 17(1)	1.6.2009
s 52(2)	amended by 12/2008 s 17(2)—(4)	1.6.2009
s 52(3a)	inserted by 12/2008 s 17(5)	1.6.2009
s 52(4)	(e) deleted by 12/2008 s 17(6)	1.6.2009
amended by 12/2008 s 17(7)	1.6.2009
(b) deleted by 29/2016 Sch 2	4.7.2016
s 52(5a)	inserted by 12/2008 s 17(8)	1.6.2009
amended by 5/2017 s 24(1)	19.3.2021
s 52(6)	amended by 5/2017 s 24(2)	19.3.2021
s 53
s 53(1)	amended by 12/2008 s 18	1.6.2009
s 53A	inserted by 12/2008 s 19	1.6.2009
s 54
s 54(3)	amended by 5/2017 s 25	19.3.2021
s 55
s 55(1)	amended by 12/2008 s 20	1.6.2009
s 58
s 58(3)	(d) deleted by 12/2008 s 21(1)	1.6.2009
amended by 12/2008 s 21(2)	1.6.2009
(c) deleted by 29/2016 Sch 2	4.7.2016
s 58(4)	amended by 12/2008 s 21(3)	1.6.2009
s 58(4a)	inserted by 12/2008 s 21(4)	1.6.2009
amended by 5/2017 s 26(1)	19.3.2021
s 58(4b)	inserted by 12/2008 s 21(4)	1.6.2009
amended by 5/2017 s 26(2)	19.3.2021
s 58(7)	inserted by 8/2001 s 6	7.4.2003
amended by 29/2016 Sch 2	4.7.2016
s 59
s 59(1)	amended by 8/2012 s 12(1)	28.10.2013
s 59(3a) and (3b)	inserted by 8/2012 s 12(2)	28.10.2013
s 59(4)	amended by 8/2012 s 12(3)	28.10.2013
s 60
s 60(3)	amended by 12/2008 s 22(1), (2)	1.6.2009
(b) deleted by 29/2016 Sch 2	4.7.2016
s 64
s 64(1)	amended by 8/2012 s 13	28.10.2013
s 65	amended by 12/2008 s 23	1.6.2009
(c) deleted by 29/2016 Sch 2	4.7.2016
s 67
s 67(1)	amended by 8/2012 s 14(1)	28.10.2013
s 67(1a) and (1b)	inserted by 8/2012 s 14(2)	28.10.2013
s 67(2)	amended by 12/2008 s 24	1.6.2009
amended by 8/2012 s 14(1)	28.10.2013
(e) deleted by 29/2016 Sch 2	4.7.2016
s 69
s 69(1) and (2)	amended by 8/2012 s 15	28.10.2013
s 69(3)	amended by 12/2008 s 25(1)	1.6.2009
s 69(4)	amended by 12/2008 s 25(2)	1.6.2009
s 69(5)	amended by 29/2016 Sch 2	4.7.2016
Pt 9
Pt 9 Div 1
s 75
s 75(5)	amended by 8/2012 s 16(1)	28.10.2013
s 75(6)—(9)	deleted by 8/2012 s 16(2)	28.10.2013
s 78	substituted by 23/2001 s 28	15.7.2001
Pt 9 Div 1A	inserted by 8/2012 s 17	28.10.2013
Pt 9 Div 2
s 79
s 79(1)	amended by 8/2012 s 18(1)	28.10.2013
s 79(2)	amended by 8/2012 s 18(2)	28.10.2013
s 80
s 80(1)	amended by 8/2012 s 19	28.10.2013
(d) deleted by 29/2016 Sch 2	4.7.2016
s 80(2), (2a) and (3)	amended by 8/2012 s 19	28.10.2013
s 81
s 81(1)	amended by 8/2012 s 20(1), (2)	28.10.2013
s 81(2)	amended by 8/2012 s 20(1)	28.10.2013
s 81(2a)	inserted by 8/2012 s 20(3)	28.10.2013
s 81(5)	amended by 8/2012 s 20(1), (4)	28.10.2013
s 82
s 82(2)	amended by 8/2012 s 21	28.10.2013
s 83
s 83(1)	amended by 8/2012 s 22(1)	28.10.2013
s 83(2)	amended by 8/2012 s 22(2)	28.10.2013
s 83(3a) and (3b)	inserted by 8/2012 s 22(3)	28.10.2013
s 83(6a)	inserted by 8/2012 s 22(4)	28.10.2013
s 84
s 84(5)	substituted by 8/2012 s 23(1)	28.10.2013
s 84(5a)	inserted by 8/2012 s 23(1)	28.10.2013
s 84(6)	amended by 8/2012 s 23(2)	28.10.2013
s 84(6a)	inserted by 8/2012 s 23(3)	28.10.2013
s 84(9a) and (9b)	inserted by 8/2012 s 23(4)	28.10.2013
s 84(10a)	inserted by 8/2012 s 23(5)	28.10.2013
s 85
s 85(1)	substituted by 8/2012 s 24(1)	28.10.2013
s 85(2a) and (2b)	inserted by 8/2012 s 24(2)	28.10.2013
s 85(3)	amended by 8/2012 s 24(3)	28.10.2013
s 87
s 87(3)	substituted by 8/2012 s 25	28.10.2013
s 87(4)	inserted by 8/2012 s 25	28.10.2013
s 88
s 88(2)	amended by 8/2012 s 26	28.10.2013
Pt 9 Div 4
s 100
s 100(1)	amended by 12/2008 s 26	1.6.2009
Pt 10
s 101
s 101(3)	amended by 8/2012 s 27(1)	28.10.2013
s 101(4a) and (4b)	inserted by 8/2012 s 27(2)	28.10.2013
s 102
s 102(1)	amended by 8/2012 s 28(1)	28.10.2013
s 102(1a)	inserted by 8/2012 s 28(2)	28.10.2013
substituted by 53/2021 s 3(1)	9.12.2021
s 102(1b)	inserted by 53/2021 s 3(1)	9.12.2021
s 102(2)	amended by 53/2021 s 3(2)	9.12.2021
s 104
s 104(3)—(5)	inserted by 8/2012 s 29	28.10.2013
s 106
s 106(2)	substituted by 8/2012 s 30	28.10.2013
s 108
s 108(1)—(3)	amended by 8/2012 s 31(1), (2)	28.10.2013
s 108(4)	inserted by 8/2012 s 31(3)	28.10.2013
Pt 11
s 113
s 113(1)	amended by 8/2012 s 32(1)	28.10.2013
s 113(1a)	inserted by 8/2012 s 32(2)	28.10.2013
s 113(2)	amended by 8/2012 s 32(3)	28.10.2013
s 113(3) and (4)	inserted by 8/2012 s 32(4)	28.10.2013
s 116
s 116(6)	amended by 33/1999 Sch (item 11(a))	1.7.1999
s 120	amended by 33/1999 Sch (item 11(b))	1.7.1999
s 121	amended by 23/2001 s 29	15.7.2001