Resorts and Other Acts Amendment Act 2009 (Qld)
Case
No judgment structure available for this case.
Queensland Resorts and Other Acts Amendment Act 2009 Act No. 26 of 2009
Queensland Resorts and Other Acts Amendment Act 2009 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 7 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of Iconic Queensland Places Act 2008 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 42 (Application of div 3). . . . . . . . . . . . . . . . . . . 18 Amendment of Integrated Resort Development Act 1987 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3A References to standard module . . . . . . . . . . . . . . . . . 19 Amendment of s 4 (Application for approval of scheme) . . . . . . . 19 Amendment of s 9 (Application for amendment of approved scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Replacement of ss 10 and 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 10 Members to be notified of proposed amendment. . . . 20 11 Requirements for application . . . . . . . . . . . . . . . . . . . 21 Amendment of s 12 (Minister to consider application) . . . . . . . . . 21 Insertion of new section 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 13A Minor variation of site boundaries . . . . . . . . . . . . . . . 22 Amendment of s 27 (The site) . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Amendment of s 44 (Subdivision by building units or group titles plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Amendment of s 45 (Approval of building units or group titles plan) ......................................... 24
Resorts and Other Acts Amendment Act 2009 Contents 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page 2 Amendment of s 59 (Subdivision of secondary lots within residential precincts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 61 (Approval by local government) . . . . . . . . . . Amendment of s 101 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . Amendment of s 103 (Member’s nominee) . . . . . . . . . . . . . . . . . Amendment of s 106 (Meetings of primary thoroughfare body corporate) .................................... Amendment of s 113 (Miscellaneous powers of primary thoroughfare body corporate). . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 116 (Duties of primary thoroughfare body corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 123 (Constitution of executive committee) . . . . Insertion of new s 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123A Code of conduct for voting members of executive committee ............................. Amendment of s 124 (Vacation of office of member of executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 126A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126A Conflict of interest of executive committee member [SM, s 53] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 129A and 129B . . . . . . . . . . . . . . . . . . . . . . . 129A Protection of executive committee members from liability ............................. 129B Protection of body corporate and executive committee from liability for defamation . . . . . . . . . . . . Amendment of s 130 (Primary thoroughfare body corporate manager) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 8, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1A Proxies for principal bodies corporate at general meetings of primary thoroughfare bodies corporate 133A Application of div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 133B Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 133C Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 133D Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 133E Special provisions about proxy use [SM, s 110]. . . . . 133F Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 138 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . Replacement of s 140 (Member’s nominee). . . . . . . . . . . . . . . . . 140 Member’s nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 24 25 25 25 25 26 27 27 28 28 28 29 29 29 31 31 32 32 32 33 34 35 35 35 35 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Contents 140A When original owner can not be nominee for subsidiary body corporate . . . . . . . . . . . . . . . . . . . . . 36 32 Amendment of s 143 (Meetings of principal body corporate). . . . 37 33 Amendment of s 148 (Miscellaneous powers of principal body corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 34 Amendment of s 151 (Duties of principal body corporate) . . . . . . 38 35 Amendment of s 158 (Constitution of executive committee) . . . . 38 36 Insertion of new s 158A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 158A Code of conduct for voting members of executive committee ........................... 39 37 Amendment of s 159 (Vacation of office of member of executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 38 Insertion of new s 161A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 161A Conflict of interest of executive committee member [SM, s 53] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 39 Insertion of new ss 164A and 164B . . . . . . . . . . . . . . . . . . . . . . . 41 164A Protection of executive committee members from liability ................................ 41 164B Protection of body corporate and executive committee from liability for defamation . . . . . . . . . . . . 41 40 Amendment of s 165 (Principal body corporate manager). . . . . . 42 41 Insertion of new pt 8, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 43 Division 3A Proxies for general meetings of principal bodies corporate 168A Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 43 168B Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 44 168C Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 44 168D Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 45 168E Special provisions about proxy use [SM, s 110]. . . . . 46 168F Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 3B Accounts and audit 168G Application of div 3B. . . . . . . . . . . . . . . . . . . . . . . . . . 47 168H Accounts [SM, s 154] . . . . . . . . . . . . . . . . . . . . . . . . . 47 168I Audit [SM, s 155] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 42 Amendment of s 173 (Application of div 3 to expanded principal body corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 43 Insertion of new pt 8, div 5 and new pt 8A . . . . . . . . . . . . . . . . . . 50 2009 Act No. 26 Page 3
Resorts and Other Acts Amendment Act 2009 Contents Page 4 Division 5 Removal from office of voting members of executive committees for breach of code of conduct 175A Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 175B Notice for breach of code of conduct [SM, s 34]. . . . . 175C Removal of voting member at general meeting [SM, s 35] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 8A Conduct of body corporate managers, service contractors and letting agents Division 1 Preliminary 175D Definitions for pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . 175E Meaning of financier for a letting agent’s contract . . . 175F Meaning of letting agent and letting agent business . 175G Meaning of service contractor for approved scheme or part .............................. Division 2 Codes of conduct 175H Code of conduct for body corporate manager and caretaking service contractor . . . . . . . . . . . . . . . . . . . 175I Code of conduct for letting agent . . . . . . . . . . . . . . . . Division 3 Required transfer of management rights for contravention of code of conduct Subdivision 1 Preliminary 175J Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 175K Effect of div 3 on other provisions . . . . . . . . . . . . . . . Subdivision 2 Transfer of management rights 175L Code contravention notice . . . . . . . . . . . . . . . . . . . . . 175M Grounds for requiring transfer . . . . . . . . . . . . . . . . . . 175N Requirement for transfer. . . . . . . . . . . . . . . . . . . . . . . 175O Transfer—letting agent’s choice of transferee. . . . . . . 175P Giving financier copy of transfer notice . . . . . . . . . . . 175Q Transfer—body corporate’s choice of transferee . . . . 175R Terms of service contract on transfer . . . . . . . . . . . . . Subdivision 3 Replacement of letting agent authorisation and service contract 175S Replacement of letting agent authorisation and service contract in particular circumstances . . . . . . . Subdivision 4 Reviewing terms of letting agent’s service contract 175T Reviewing terms of service contract. . . . . . . . . . . . . . 50 50 51 52 53 54 55 55 56 56 57 57 58 58 58 59 60 61 61 63 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Contents 175U Review criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 175V Giving copy of review advice to letting agent and prospective buyer of management rights . . . . . . . . . . 64 Subdivision 5 Disputes about transfer of management rights 175W CCT jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 4 Disputes about contractual matters 175X CCT jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 5 Termination of appointment, engagement or authorisation 175Y Termination for failure to comply with remedial action notice [SM, s 131] . . . . . . . . . . . . . . . . . . . . . . 65 44 Amendment of s 177 (Minor non-compliance with development control by-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 45 Replacement of s 179A (Dealing with disputes). . . . . . . . . . . . . . 68 Division 1 Resolution of particular disputes 179A Dealing with particular disputes under BuildingUnits and Group Titles Act 1980 . . . . . . . . . . . . . . . . 68 179B Dealing with matter relating to development control by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 179C Internal dispute resolution processes to be used before application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Other matters 179D Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 46 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Part 12 Transitional provisions for Resorts and OtherActs Amendment Act 2009 Division 1 Preliminary 184 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 2 Bodies corporate 185 Existing number of committee members may continue until effective day . . . . . . . . . . . . . . . . . . . . . 72 186 Deferred application of particular provisions . . . . . . . 72 187 Application of code of conduct for existing voting members of executive committees . . . . . . . . . . . . . . . 73 188 Auditing accounts for first annual general meeting after effective day . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 189 End of appointment of original owner of secondary lot as nominee for subsidiary body corporate. . . . . . . 74 Division 3 Body corporate managers, service contractors and letting agents 2009 Act No. 26 Page 5
Resorts and Other Acts Amendment Act 2009 Contents 190 Deferred application of particular provisions . . . . . . . 191 Application of code of conduct for existing managers and contractors .............. 192 Application of code of conduct for existing letting agents .............................. 193 Existing term of appointment for body corporate manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 48 Insertion of new schs 2–6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 2 Requirements for notices of proposed scheme amendments 1 Requirements for placing notice on subject land . . . . Schedule 3 Election of executive committee members of body corporate 1 Definitions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Election of members of executive committee [SM, s 15] ............................ 3 Nomination procedures for election of executive committee other than at first annual general meeting [SM, s 16] ............................ 4 Requirements for nominations [SM, s 18] . . . . . . . . . 5 Conduct of elections for executive committee by secret ballot [SM, s 21]. . . . . . . . . . . . . . . . . . . . . . . . 6 Conduct of elections for executive committee by open ballot [SM, s 22]. . . . . . . . . . . . . . . . . . . . . . . . . 7 Election of ordinary members of executive committee [SM, s 23] . . . . . . . . . . . . . . . . . . . . . . . . . 8 Conduct of ballot—general requirements [SM, s 24] . 9 Conduct of ballot—scrutiny of votes [SM, s 25] . . . . . 10 Conduct of ballot—deciding executive member positions [SM, s 26] . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Conduct of ballot—deciding ordinary member positions [SM, s 27] . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Conduct of ballot—declaration of voting results [SM, s 28] ............................. Schedule 4 Code of conduct for voting members of executive committees 1 Commitment to acquiring understanding of Act, including this code ...................... 2 Honesty, fairness and confidentiality . . . . . . . . . . . . . 75 75 76 76 76 80 80 82 82 83 84 85 88 90 90 91 92 93 95 96 96 Page 6 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Contents Part 4 49 50 51 52 53 3 Acting in best interests of body corporate and persons with estate or interest in lots . . . . . . . . . . . . . 4 Complying with Act and this code . . . . . . . . . . . . . . . 5 Conflict of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 5 Code of conduct for body corporate managers and caretaking service contractors 1 Knowledge of Act, including code . . . . . . . . . . . . . . . 2 Honesty, fairness and professionalism . . . . . . . . . . . . 3 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . 4 Acting in body corporate’s best interests . . . . . . . . . . 5 Keeping body corporate informed of developments . . 6 Ensuring employees comply with Act and code . . . . . 7 Fraudulent or misleading conduct . . . . . . . . . . . . . . . 8 Unconscionable conduct . . . . . . . . . . . . . . . . . . . . . . 9 Conflict of duty or interest. . . . . . . . . . . . . . . . . . . . . . 10 Goods and services to be supplied at competitive prices ............................... 11 Body corporate manager to demonstrate keeping of particular records ..................... Schedule 6 Code of conduct for letting agents 1 Honesty, fairness and professionalism . . . . . . . . . . . . 2 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . 3 Acting in body corporate’s and individual lot owner’s best interests ......................... 4 Ensuring employees comply with Act and code . . . . . 5 Fraudulent or misleading conduct . . . . . . . . . . . . . . . 6 Unconscionable conduct . . . . . . . . . . . . . . . . . . . . . . 7 Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Goods and services to be supplied at competitive prices .............................. Amendment of Liquor Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . Amendment of s 12 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 71B (Authority of industrial canteen licence) . . . Insertion of new pt 12, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 9 Transitional provision for Resorts and Other Acts Amendment Act 2009 96 97 97 98 98 98 99 99 99 99 99 100 100 100 101 101 101 101 102 102 102 102 103 103 103 105 105 2009 Act No. 26 Page 7
Resorts and Other Acts Amendment Act 2009 Contents Part 5 54 55 56 57 58 Part 6 59 60 61 62 63 64 65 66 67 68 69 70 296 Approved hours for commercial special facility licence Amendment of Mixed Use Development Act 1993 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 79 (Lodgement of building units or group titles plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 80 (Approval of building units or group titles plan) ......................................... Amendment of s 101 (Subdivision by building units or group titles plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 102 (Approval of building units or group titles plan) .......................................... Amendment of Sanctuary Cove Resort Act 1985 Act amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 4A–4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Meaning of approved use for a zone . . . . . . . . . . . . . 4B Meaning of proposed use plan of the site or adjacent site ......................... 4C References to standard module . . . . . . . . . . . . . . . . . Amendment of s 5 (The site) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 7 and 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Proposed use plan of the site. . . . . . . . . . . . . . . . . . . Amendment of s 9 (Town planning provisions). . . . . . . . . . . . . . . Amendment of s 10 (Initial subdivision within the site). . . . . . . . . Amendment of s 12A (The adjacent site) . . . . . . . . . . . . . . . . . . . Replacement of ss 12C and 12D . . . . . . . . . . . . . . . . . . . . . . . . . 12C Proposed use plan of the adjacent site . . . . . . . . . . . Amendment of s 12E (Town planning provisions) . . . . . . . . . . . . Amendment of s 12F (Initial subdivision within the adjacent site) Insertion of new pt 2AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2AA Amendments by application to Minister 12I Amendment applications . . . . . . . . . . . . . . . . . . . . . . 12J Members to be notified of proposed amendment. . . . 12K Requirements for application . . . . . . . . . . . . . . . . . . . 12L Minister to consider application . . . . . . . . . . . . . . . . . 12M Decision on application . . . . . . . . . . . . . . . . . . . . . . . 12N Minor variation of site boundaries . . . . . . . . . . . . . . . 105 106 106 106 107 107 107 107 112 112 113 113 114 114 114 116 117 118 119 119 120 122 122 123 123 124 125 126 126 Page 8 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Contents 12O Approval of change of use for zone . . . . . . . . . . . . . . 127 12P Approval of amendment of relevant plan . . . . . . . . . . 127 71 Amendment of s 15 (Subdivision of secondary lots) . . . . . . . . . . 128 72 Amendment of s 15A (Plan of survey where variation of boundary approved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 73 Amendment of s 20 (Subdivision of land where wholly or partly submerged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 74 Amendment of s 21A (Subdivision of land outside residential zones) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 75 Amendment of s 22 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . 131 76 Replacement of s 24 (Member’s nominee). . . . . . . . . . . . . . . . . . 131 24 Member’s nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 24A When original owner can not be nominee for subsidiary body corporate . . . . . . . . . . . . . . . . . . . . . 132 77 Amendment of s 27 (Meetings of principal body corporate). . . . . 133 78 Amendment of s 32 (Miscellaneous powers of principal body corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 79 Amendment of s 33 (Duties of principal body corporate) . . . . . . . 134 80 Amendment of s 41 (Constitution of executive committee) . . . . . 134 81 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 41A Code of conduct for voting members of executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 82 Amendment of s 42 (Vacation of office of member of executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 83 Insertion of new s 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 44A Conflict of interest of executive committee member [SM, s 53] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 84 Amendment of s 47A (Principal body corporate manager) . . . . . 137 85 Insertion of new ss 47A and 47AA . . . . . . . . . . . . . . . . . . . . . . . . 138 47A Protection of executive committee members from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 47AA Protection of body corporate and executive committee from liability for defamation . . . . . . . . . . . . 138 86 Insertion of new pt 3, divs 2B–2D. . . . . . . . . . . . . . . . . . . . . . . . . 139 Division 2B Proxies for general meetings of principal body corporate 47B Application of div 2B. . . . . . . . . . . . . . . . . . . . . . . . . . 140 47C Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 140 47D Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 141 2009 Act No. 26 Page 9
Resorts and Other Acts Amendment Act 2009 Contents 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Page 10 47E Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 47F Special provisions about proxy use [SM, s 110]. . . . . 47G Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2C Accounts and audit 47H Application of div 2C. . . . . . . . . . . . . . . . . . . . . . . . . . 47I Accounts [SM, s 154] . . . . . . . . . . . . . . . . . . . . . . . . . 47J Audit [SM, s 155] . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2D Removal from office of voting members of executive committee for breach of code of conduct 47K Notice for breach of code of conduct [SM, s 34]. . . . . 47L Removal of voting member at general meeting [SM, s 35] ............................ Amendment of s 60 (Establishment of pedestrian mall) . . . . . . . . Replacement of s 64A (Maintenance etc. of canals) . . . . . . . . . . 64A Maintenance etc. of canals. . . . . . . . . . . . . . . . . . . . . Amendment of s 64B (Surrender of secondary thoroughfare as canal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 65 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 67 (Member’s nominee) . . . . . . . . . . . . . . . . . . Amendment of s 70 (Meetings of primary thoroughfare body corporate) ...................................... Amendment of s 76 (Miscellaneous powers of primary thoroughfare body corporate). . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 77 (Duties of primary thoroughfare body corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 85 (Constitution of executive committee) . . . . . Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85A Code of conduct for voting members of executive committee ........................... Amendment of s 86 (Vacation of office of member of executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88A Conflict of interest of executive committee member [SM, s 53] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 91A (Primary thoroughfare body corporate manager) ...................................... Insertion of new ss 91A and 91AA . . . . . . . . . . . . . . . . . . . . . . . . 91A Protection of executive committee members from liability .............................. 141 142 143 143 144 145 146 147 148 148 148 148 149 149 150 150 150 151 152 152 152 153 153 154 154 155 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Contents 91AA Protection of body corporate and executive committee from liability for defamation . . . . . . . . . . . . 155 101 Insertion of new pt 5, divs 2B and 2C. . . . . . . . . . . . . . . . . . . . . . 156 Division 2B Proxies for principal body corporate at general meetings of primary thoroughfare body corporate 91B Application of div 2B. . . . . . . . . . . . . . . . . . . . . . . . . . 156 91C Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 157 91D Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 157 91E Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 158 91F Special provisions about proxy use [SM, s 110]. . . . . 159 91G Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Division 2C Removal from office of voting members of executive committee for breach of code of conduct 91H Notice for breach of code of conduct [SM, s 34]. . . . . 160 91I Removal of voting member at general meeting [SM, s 35] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 102 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Part 5A Conduct of body corporate managers, service contractors and letting agents Division 1 Preliminary 94A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 162 94B Meaning of financier for a letting agent’s contract . . . 163 94C Meaning of letting agent and letting agent business . 164 94D Meaning of service contractor for resort or part . . . . . 164 Division 2 Codes of conduct 94E Code of conduct for body corporate manager and caretaking service contractor . . . . . . . . . . . . . . . . . . . 165 94F Code of conduct for letting agent . . . . . . . . . . . . . . . . 166 Division 3 Required transfer of management rights for contravention of code of conduct Subdivision 1 Preliminary 94G Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 94H Effect of div 3 on other provisions . . . . . . . . . . . . . . . 166 Subdivision 2 Transfer of management rights 94I Code contravention notice . . . . . . . . . . . . . . . . . . . . . 167 94J Grounds for requiring transfer . . . . . . . . . . . . . . . . . . 167 94K Requirement for transfer. . . . . . . . . . . . . . . . . . . . . . . 168 2009 Act No. 26 Page 11
Resorts and Other Acts Amendment Act 2009 Contents 103 104 105 106 107 108 Page 12 94L Transfer—letting agent’s choice of transferee. . . . . . . 94M Giving financier copy of transfer notice . . . . . . . . . . . 94N Transfer—body corporate’s choice of transferee . . . . 94O Terms of service contract on transfer . . . . . . . . . . . . . Subdivision 3 Replacement of letting agent authorisation and service contract 94P Replacement of letting agent authorisation and service contract in particular circumstances . . . . . . . Subdivision 4 Reviewing terms of letting agent’s service contract 94Q Reviewing terms of service contract. . . . . . . . . . . . . . 94R Review criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94S Giving copy of review advice to letting agent and prospective buyer of management rights . . . . . . . . . . Subdivision 5 Disputes about transfer of management rights 94T CCT jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Disputes about contractual matters 94U CCT jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Termination of appointment, engagement or authorisation 94V Termination for failure to comply with remedial action notice [SM, s 131] . . . . . . . . . . . . . . . . . . . . . . Amendment of s 96 (Minor noncompliance with development control by-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 97 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 102 (Construction of floating dwelling houses and special dwelling houses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 103 (Application of laws of the State) . . . . . . . . Replacement of s 104A (Dealing with disputes). . . . . . . . . . . . . . Division 1 Resolution of particular disputes 104A Dealing with particular disputes under BuildingUnits and Group Titles Act 1980 . . . . . . . . . . . . . . . . 104B Dealing with matter relating to development control by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104C Internal dispute resolution processes to be used before application . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Other matters 104D Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 169 169 170 171 172 173 174 174 174 175 177 178 178 179 179 179 180 180 181 182 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Contents Part 10 Transitional provisions for Resorts and OtherActs Amendment Act 2009 Division 1 Preliminary 113 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Division 2 Changes to zones 114 References to proposed use plan of site . . . . . . . . . . 183 115 References to proposed use plan of adjacent site . . . 183 116 Former floating dwelling house zone . . . . . . . . . . . . . 183 117 Transitional amendment of initial plan of survey of site to reflect new zone boundaries . . . . . . . . . . . . . . 184 118 Transitional amendment of initial plan of survey of adjacent site to reflect new zone boundaries . . . . . . . 185 119 Transitional amendment of other plans of survey or group title plans to reflect new zone boundaries . . . . 185 Division 3 Bodies corporate 120 Existing number of committee members may continue until effective day . . . . . . . . . . . . . . . . . . . . . 186 121 Deferred application of particular provisions . . . . . . . 186 122 Application of code of conduct for existing voting members of executive committees . . . . . . . . . . . . . . . 187 123 Auditing accounts for first annual general meeting after evaluation day . . . . . . . . . . . . . . . . . . . . . . . . . . 187 124 End of appointment of original owner of secondary lot as nominee for subsidiary body corporate. . . . . . . 187 Division 4 Body corporate managers, service contractors and letting agents 125 Deferred application of particular provisions . . . . . . . 188 126 Application of code of conduct for existing managers and contractors . . . . . . . . . . . . . . . . . . . . . 189 127 Application of code of conduct for existing letting agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 128 Existing term of appointment for body corporate manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 109 Amendment of sch A (Uses permitted within zones) . . . . . . . . . . 190 110 Replacement of schs B–E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Schedule 1 Names of and uses for zones Part 1 Names of zones Part 2 Uses for zones Part 3 Definitions of uses for zones 2009 Act No. 26 Page 13
Resorts and Other Acts Amendment Act 2009 Contents Page 14 Schedule 2 Requirements for notices of proposed amendments 1 Requirements for placing notice on subject land . . . . Schedule 3 Election of executive committee members of body corporate 1 Definitions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Election of members of executive committee [SM, s 15] ........................... 3 Nomination procedures for election of executive committee other than at first annual general meeting [SM, s 16] ............................. 4 Requirements for nominations [SM, s 18] . . . . . . . . . 5 Conduct of elections for executive committee by secret ballot [SM, s 21]. . . . . . . . . . . . . . . . . . . . . . . . 6 Conduct of elections for executive committee by open ballot [SM, s 22]. . . . . . . . . . . . . . . . . . . . . . . . . 7 Election of ordinary members of executive committee [SM, s 23] . . . . . . . . . . . . . . . . . . . . . . . . . 8 Conduct of ballot—general requirements [SM, s 24] . 9 Conduct of ballot—scrutiny of votes [SM, s 25] . . . . . 10 Conduct of ballot—deciding executive member positions [SM, s 26] . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Conduct of ballot—deciding ordinary member positions [SM, s 27] . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Conduct of ballot—declaration of voting results [SM, s 28] ............................. Schedule 4 Code of conduct for voting members of executive committees 1 Commitment to acquiring understanding of Act, including this code . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Honesty, fairness and confidentiality . . . . . . . . . . . . . 3 Acting in best interests of body corporate and persons with estate or interest in lots . . . . . . . . . . . . . 4 Complying with Act and this code . . . . . . . . . . . . . . . 5 Conflict of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 5 Code of conduct for body corporate managers and caretaking service contractors 1 Knowledge of Act, including code . . . . . . . . . . . . . . . 2 Honesty, fairness and professionalism . . . . . . . . . . . . 3 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . 4 Acting in body corporate’s best interests . . . . . . . . . . 194 195 196 196 197 198 201 203 203 204 205 206 208 209 209 209 210 210 211 211 211 212 2009 Act No. 26
Schedule Resorts and Other Acts Amendment Act 2009 Contents 5 Keeping body corporate informed of developments . . 6 Ensuring employees comply with Act and code . . . . . 7 Fraudulent or misleading conduct . . . . . . . . . . . . . . . 8 Unconscionable conduct . . . . . . . . . . . . . . . . . . . . . . 9 Conflict of duty or interest. . . . . . . . . . . . . . . . . . . . . . 10 Goods and services to be supplied at competitive prices ............................. 11 Body corporate manager to demonstrate keeping of particular records . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 6 Code of conduct for letting agents 1 Honesty, fairness and professionalism . . . . . . . . . . . . 2 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . 3 Acting in body corporate’s and individual lot owner’s best interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Ensuring employees comply with Act and code . . . . . 5 Fraudulent or misleading conduct . . . . . . . . . . . . . . . 6 Unconscionable conduct . . . . . . . . . . . . . . . . . . . . . . 7 Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Goods and services to be supplied at competitive prices ............................. Schedule 7 Zones of the site Schedule 8 Zones of the adjacent site Schedule 9 Dictionary Minor and consequential amendments . . . . . . . . . . . . . . . . . . Iconic Queensland Places Act 2008. . . . . . . . . . . . . . . . . . . . . . . Integrated Resort Development Act 1987 . . . . . . . . . . . . . . . . . . Sanctuary Cove Resort Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 212 212 212 212 213 213 213 214 214 214 214 215 215 215 215 219 219 219 220 2009 Act No. 26 Page 15
Queensland Resorts and Other Acts Amendment Act 2009 Act No. 26 of 2009 An Act to amend the Iconic Queensland Places Act 2008, the IntegratedResort Development Act 1987, the Liquor Act 1992, the Mixed UseDevelopment Act 1993 and the Sanctuary Cove Resort Act 1985 for particular purposes [Assented to 11 August 2009]
Resorts and Other Acts Amendment Act 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Resorts and Other Acts Amendment Act 2009 . 2 Commencement The following provisions of this Act commence on a day to be fixed by proclamation— (a) part 6; (b) the schedule, to the extent it amends the Sanctuary CoveResort Act 1985 . Part 2 Amendment of Iconic Queensland Places Act 2008 3 Act amended in pt 2 and schedule This part and the schedule amend the IconicQueenslandPlaces Act 2008. 4 Amendment of s 42 (Application of div 3) Section 42, ‘development application for’— omit, insert— ‘development application, other than a building development application, for’. Page 18 2009 Act No. 26
Part 3 Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 5] Amendment of Integrated Resort Development Act 1987 5 Act amended in pt 3 and schedule This part and the schedule amend the IntegratedResortDevelopment Act 1987. 6 Amendment of s 2 (Definitions) Section 2, ‘schedule 2’— omit, insert— ‘schedule 7’. 7 Insertion of new s 3A Part 1— insert— ‘3A References to standard module ‘(1) In this Act, the information included in square brackets after a section heading is a reference to a similar section of the Body Corporate and Community Management (Standard Module) Regulation 2008 . ‘(2) The brackets and information do not form part of this Act.’. 8 Amendment of s 4 (Application for approval of scheme) Section 4— insert— ‘(1B) For subsection (1A), to remove any doubt, it is declared that an application under division 2 to amend an approved scheme by varying the boundaries of the site of the approved scheme is not an application for scheme approval.’. 2009 Act No. 26 Page 19
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 9] 9 Amendment of s 9 (Application for amendment of approved scheme) Section 9— insert— ‘(2) To remove any doubt, it is declared that an application may be made under this division to amend an approved scheme by varying the boundaries of the site of the approved scheme.’. 10 Replacement of ss 10 and 11 Sections 10 and 11— omit, insert— ‘10 Members to be notified of proposed amendment ‘(1) Before making the application, the primary thoroughfare body corporate must— (a) give a written notice to each of the members of the primary thoroughfare body corporate and each of the members of the principal body corporate stating— (i) the nature of the proposed amendment; and (ii) a description of each lot to which the proposed amendment relates; and (iii) that a member may give the primary thoroughfare body corporate written submissions about the proposed amendment within a stated period (the notification period ) of at least 30 business days after the notice is given; and (b) place, on the subject land, a notice stating— (i) a brief summary of the nature of the proposed amendment and each lot to which the amendment relates; and (ii) the notification period for giving written submissions about the proposed amendment; and Page 20 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 11] (iii) the name and contact details of a person authorised by the primary thoroughfare body corporate to give information about the proposed amendment. ‘(2) The notice under subsection (1)(b) must— (a) be of a type, and placed on the subject land in the way required, under schedule 2; and (b) remain on the subject land during the notification period. ‘11 Requirements for application ‘The application must include— (a) a written statement confirming that— (i) a written notice was given to the members under section 10(1)(a), including the days the notice was given; and (ii) a notice was placed on the subject land under section 10(1)(b) and (2), including the period during which the notice was on the land; and (b) a copy of the notice given under section 10(1)(a); and (c) all written submissions given to the primary thoroughfare body corporate under section 10(1)(a)(iii); and (d) other matters, if any, the Minister considers necessary for deciding the application.’. 11 Amendment of s 12 (Minister to consider application) Section 12— insert— ‘(2) The Minister must give the Governor in Council— (a) the application; and 2009 Act No. 26 Page 21
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 12] (b) a written notice stating details of the consultation, if any, under subsection (1), including— (i) who the Minister consulted; and (ii) the results of the consultation.’. 12 Insertion of new section 13A After section 13— insert— ‘13A Minor variation of site boundaries ‘(1) This section applies to an application to amend an approved scheme by varying the boundaries of the site of the approved scheme. ‘(2) The Governor in Council may approve the amendment only if— (a) the Governor in Council considers— (i) the proposed variation of the site boundaries is of a minor nature; and Example of a variation that may be of a minor nature — a variation of part of a site boundary to realign it with a thoroughfare within the site (ii) the total area of the site will not be materially changed because of the variation; and (b) neither the aggregate number of the lots nor the aggregate voting entitlements under the approved scheme will be changed because of the variation; and (c) each affected land owner has given the owner’s written consent to the variation. ‘(3) If the Governor in Council approves the amendment, section 8 applies to the local government and chief executive for making an appropriate notation of the approved scheme as amended as if the reference in that section to the approved scheme were a reference to the approved scheme as amended. Page 22 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 13] ‘(4) In this section— affected land owner means an owner of land that is outside the site and is proposed under the application to be within the site.’. 13 Amendment of s 27 (The site) (1) Section 27(1), ‘The site’— omit, insert— ‘Subject to subsection (2), the site’. (2) Section 27(3), ‘subsection (2)’— omit, insert— ‘subsection (3)’. (3) Section 27(2) to (4)— renumber as section 27(3) to (5). (4) Section 27— insert— ‘(2) If the approved scheme is amended under part 2, division 2 by varying the boundaries of the site, the site of the approved scheme consists of all land within the boundaries of the site set out in the approved scheme as amended.’. 14 Amendment of s 44 (Subdivision by building units or group titles plan) Section 44— insert— ‘(6) A group titles plan must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan.’. 2009 Act No. 26 Page 23
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 15] 15 Amendment of s 45 (Approval of building units or group titles plan) Section 45(1)(a)— insert— ‘(iii) the diagram mentioned in section 44(6); and’. 16 Amendment of s 59 (Subdivision of secondary lots within residential precincts) Section 59— insert— ‘(8) A group titles plan lodged under subsection (4) must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on— (a) the primary thoroughfare, or part of the primary thoroughfare, shown on the plan; and (b) each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan.’. 17 Amendment of s 61 (Approval by local government) Section 61(1)(a), after ‘59(5)’— insert— ‘and the diagram mentioned in section 59(8)’. 18 Amendment of s 101 (Interpretation) Section 101, definition special resolution , ‘ special resolution means’— omit, insert— ‘ special resolution , for a general meeting of a primary thoroughfare body corporate, means’. Page 24 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 19] 19 Amendment of s 103 (Member’s nominee) (1) Section 103(1)(a), from ‘a body corporate’ to ‘group titles plan’— omit, insert— ‘a subsidiary body corporate’. (2) Section 103— insert— ‘(4) A person appointed under this section by a subsidiary body corporate must represent the subsidiary body corporate— (a) in the way the subsidiary body corporate directs; and (b) subject to paragraph (a), in a way that is in the best interests of the subsidiary body corporate.’. 20 Amendment of s 106 (Meetings of primary thoroughfare body corporate) Section 106(7), after ‘apply’— insert— ‘and the application of the BuildingUnitsandGroupTitlesAct1980 , schedule 2, part 2 is subject to schedule 3 and schedule 7, definition ordinary resolution ’. 21 Amendment of s 113 (Miscellaneous powers of primary thoroughfare body corporate) Section 113— insert— ‘(f) employ staff to perform its functions.’. 22 Amendment of s 116 (Duties of primary thoroughfare body corporate) Section 116(1)(e)— omit, insert— 2009 Act No. 26 Page 25
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 23] ‘(e) keep— (i) for at least 10 years after their creation or receipt by or for the primary thoroughfare body corporate— (A) minutes of its meetings, including particulars of motions passed at the meetings; and (B) proper books of account for amounts received or paid by the primary thoroughfare body corporate showing the items for which the amounts were received or paid; and (ii) for at least 2 years after their creation or receipt by or for the primary thoroughfare body corporate— voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and’. 23 Amendment of s 123 (Constitution of executive committee) (1) Section 123(4), ‘3 members’— omit, insert— ‘5 members’. (2) Section 123(5)— omit, insert— ‘(5) If there are more than 5 members of the primary thoroughfare body corporate, the executive committee must consist of at least 5 persons and not more than the number of members of the primary thoroughfare body corporate, as decided by the primary thoroughfare body corporate.’. (3) Section 123(6), ‘(if any)’— omit. (4) Section 123(6), ‘more than 3’— omit, insert— Page 26 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 24] ‘more than 5’. (5) Section 123(7)— omit, insert — ‘(6A) The election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the primary thoroughfare body corporate must be conducted under schedule 3. ‘(7) A person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee, only if the person— (a) is an individual who— (i) is a member of the primary thoroughfare body corporate; or (ii) has been nominated for election by a member of the primary thoroughfare body corporate; and (b) does not owe a relevant body corporate debt in relation to a lot or lots owned by the person.’. 24 Insertion of new s 123A After section 123— insert— ‘123A Code of conduct for voting members of executive committee ‘(1) The code of conduct in schedule 4 applies to each person (a voting member ) who is— (a) a member of the executive committee; and (b) entitled to vote at general meetings of the primary thoroughfare body corporate. ‘(2) On becoming a voting member of the committee, the person is taken to have agreed to comply with the code of conduct.’. 2009 Act No. 26 Page 27
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 25] 25 Amendment of s 124 (Vacation of office of member of executive committee) (1) Section 124(1)(i)— renumber as section 124(1)(j). (2) Section 124(1)— insert— ‘(i) if the person is removed from office by ordinary resolution of the primary thoroughfare body corporate under division 5; or’. 26 Insertion of new s 126A After section 126— insert— ‘126A Conflict of interest of executive committee member [SM, s 53] ‘(1) A member of the executive committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue. ‘(2) If a member required under subsection (1) to disclose an interest in an issue is a voting member of the executive committee, the member is not entitled to vote on a motion involving the issue. ‘(3) A person who holds the proxy of a member of the executive committee must disclose to a meeting of the executive committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the executive committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue. Page 28 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 27] ‘(4) A proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue. ‘(5) A person who holds the proxy of a member of the executive committee must disclose to a meeting of the executive committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the executive committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest. ‘(6) A proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.’. 27 Insertion of new ss 129A and 129B After section 129— insert— ‘129A Protection of executive committee members from liability ‘ (1) A member of the executive committee is not civilly liable for an act done or omission made in good faith and without negligence in performing the person’s role as a member of the committee. ‘(2) In this section— act done or omission made does not include the publication of defamatory matter as mentioned in section 129B(1). ‘129B Protection of body corporate and executive committee from liability for defamation ‘(1) This section applies if— (a) the executive committee publishes required material for a general meeting of the primary thoroughfare body corporate; and (b) the required material contains defamatory matter. 2009 Act No. 26 Page 29
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 27] ‘(2) Each of the following is not liable for defamation because of the publication— (a) the primary thoroughfare body corporate; (b) the committee, or a member of the committee, other than a member of the committee who submitted the document containing the defamatory matter. ‘(3) In this section— member of the committee includes the body corporate manager acting under a delegation under section 130(2). prescribed motion means any of the following— (a) a motion to give a member of the executive committee a notice under section 175B(1); (b) a motion mentioned in section 175C(2)(a) to remove a member of the executive committee from office; (c) a motion to give a letting agent a code contravention notice; (d) a motion to require a letting agent to transfer the letting agent’s management rights for an approved scheme or part of an approved scheme under section 175N; (e) a motion to terminate a person’s appointment as a body corporate manager, engagement as a service contractor or authorisation as a letting agent under section 175Y. required material , for a general meeting of the primary thoroughfare body corporate, means any of the following required under this Act to be published for the meeting— (a) a prescribed motion submitted other than by or for the committee for the general meeting; (b) the substance of a prescribed motion mentioned in paragraph (a); (c) notice of a prescribed motion mentioned in paragraph (a) or another document required to accompany the motion, prepared by the submitter of the motion.’. Page 30 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 28] 28 Amendment of s 130 (Primary thoroughfare body corporate manager) (1) Section 130(1), ‘subsection (3)’— omit, insert— ‘subsections (3), (5), (6) and (7)’. (2) Section 130(6)— renumber as section 130(8). (3) Section 130(5)— omit, insert— ‘(5) The term of appointment of the body corporate manager (after allowing for any rights or options of extension or renewal, whether provided for in the instrument of appointment or subsequently agreed to) must not be longer than 3 years. Example — The appointment of a body corporate manager begins on 1 January 2009 and is for a term of 3 years. The appointment can not end later than 31 December 2011. ‘(6) If the term of appointment purports to be longer than 3 years, it is taken to be 3 years. ‘(7) To remove any doubt, it is declared that at the end of the term of appointment of a person as the body corporate manager— (a) the appointment expires; and (b) the person can not act again as the body corporate manager without a new appointment.’. 29 Insertion of new pt 8, div 1A Part 8— insert— 2009 Act No. 26 Page 31
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 29] ‘Division 1A Proxies for principal bodies corporate at general meetings of primary thoroughfare bodies corporate ‘133A Application of div 1A ‘ This division applies to the appointment and use of a proxy to represent a principal body corporate that is a member of a primary thoroughfare body corporate at a general meeting of the primary thoroughfare body corporate. ‘133B Appointment [SM, s 107] ‘(1) Subject to subsection (2), the principal body corporate may appoint a proxy to act for the body corporate at the general meeting. ‘(2) The appointment of a proxy is effective only if the principal body corporate or the holder of the proxy gives, by hand, post or facsimile, a properly completed proxy form to the secretary of the primary thoroughfare body corporate before— (a) the start of the meeting where the proxy is to be exercised; or (b) if the primary thoroughfare body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time. ‘133C Form of proxy [SM, s 108] ‘A proxy under this division— (a) must be in the approved form; and (b) must be in the English language; and (c) can not be irrevocable; and Page 32 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 29] (d) can not be transferred by the holder of the proxy to a third person; and (e) lapses at the end of the primary thoroughfare body corporate’s financial year or at the end of a shorter period stated in the proxy; and (f) may be given by any person who has the right to vote at a general meeting; and (g) subject to the limitations contained in this division, may be given to any individual; and (h) must appoint a named individual. ‘133D Use of proxy [SM, s 109] ‘(1) A member of the primary thoroughfare body corporate who is the proxy for the principal body corporate may vote both in the member’s own right and also as proxy of the principal body corporate. ‘(2) A vote by proxy must not be exercised on behalf of the principal body corporate at the general meeting— (a) if the person appointed to represent the principal body corporate under section 103(1) is personally present at the meeting, unless the person consents at the meeting; or (b) on a particular motion, if a written or electronic vote has been exercised on the motion on behalf of the principal body corporate; or (c) on a ballot for the election of a member of the executive committee, or for otherwise choosing a member of the executive committee; or (d) for voting for a special resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or (e) for voting for a majority resolution; or (f) on a motion approving— 2009 Act No. 26 Page 33
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 29] (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i); or (g) on a motion decided by secret ballot. ‘(3) A proxy may be exercised by— (a) the proxy holder voting in a show of hands at a general meeting; or (b) the proxy holder completing a written or electronic vote on a motion before the start of, or at, the general meeting. ‘133E Special provisions about proxy use [SM, s 110] ‘(1) The principal body corporate can not be prevented by contract from exercising a vote at the general meeting, and can not be required by contract to make someone else the body corporate’s proxy for voting at the general meeting. ‘(2) A proxy can not be exercised for the principal body corporate by— (a) the original owner of an initial lot or secondary lot; or (b) a body corporate manager for— (i) the primary thoroughfare body corporate; or (ii) the principal body corporate; or (iii) a subsidiary body corporate of the primary thoroughfare body corporate or principal body corporate; or (c) an associate of a person mentioned in paragraph (a) or (b), unless the associate is 1 of the proprietors constituting a subsidiary body corporate of the principal body corporate. Page 34 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 30] ‘133F Offence [SM, s 111] ‘A person must not exercise a proxy, or otherwise purport to vote on behalf of the principal body corporate, at the general meeting of the primary thoroughfare body corporate knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the principal body corporate. Maximum penalty—100 penalty units.’. 30 Amendment of s 138 (Interpretation) (1) Section 138— insert— ‘ nominee , of a member of a principal body corporate, see section 140(1).’. (2) Section 138, definition special resolution , ‘ special resolution means’— omit, insert— ‘ special resolution , for a general meeting of a principal body corporate, means’. 31 Replacement of s 140 (Member’s nominee) Section 140— omit, insert— ‘140 Member’s nominee ‘(1) This section applies to a member of a principal body corporate for appointing a person (a nominee ) to represent and vote on behalf of the member at meetings of the principal body corporate. ‘(2) A subsidiary body corporate of the principal body corporate— (a) must appoint a nominee at its annual general meeting; and (b) otherwise, may appoint a nominee from time to time. 2009 Act No. 26 Page 35
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 31] ‘(3) A member of the principal body corporate, other than a subsidiary body corporate, may appoint a nominee from time to time. ‘(4) Subject to section 140A, a nominee appointed by a subsidiary body corporate must be a member of the subsidiary body corporate. ‘(5) The appointment of a nominee has no effect until written notice of the appointment is received by the secretary of the principal body corporate. ‘(6) A nominee appointed by a subsidiary body corporate must represent the subsidiary body corporate— (a) in the way the subsidiary body corporate directs; and (b) subject to subparagraph (a), in a way that is in the best interests of the subsidiary body corporate. ‘(7) The appointment of a nominee for a member ends when the first of the following happens— (a) the end of 1 year after the appointment; (b) the secretary of the principal body corporate receives written notice of— (i) the cancellation of the nominee’s appointment; or (ii) the appointment of another nominee for the member. ‘(8) A written notice under subsection (5) or (7)(b) must be signed— (a) for an appointment or cancellation made by a subsidiary body corporate—by the chairperson and secretary of the subsidiary body corporate; or (b) otherwise—by the member. ‘140A When original owner can not be nominee for subsidiary body corporate ‘(1) This section applies if more than 50% of the lots created by the registration of a group titles plan or building units plan Page 36 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 32] subdividing a secondary lot are no longer owned by the original owner of the secondary lot. ‘(2) The subsidiary body corporate created by the registration of the plan can not appoint as its nominee— (a) the original owner; or (b) an associate (an ineligible associate ) of the original owner who is not 1 of the proprietors constituting the subsidiary body corporate. ‘(3) If the original owner or an ineligible associate of the original owner is already a nominee for the subsidiary body corporate— (a) a general meeting of the subsidiary body corporate must be held within 2 months; and (b) if it is not sooner ended, the owner’s or associate’s appointment as the nominee ends at the next general meeting of the subsidiary body corporate.’. 32 Amendment of s 143 (Meetings of principal body corporate) Section 143(7), after ‘apply’— insert— ‘and the application of the BuildingUnitsandGroupTitlesAct1980 , schedule 2, part 2 is subject to schedule 3 and schedule 7, definition ordinary resolution ’. 33 Amendment of s 148 (Miscellaneous powers of principal body corporate) Section 148— insert— ‘(e) employ staff to perform its functions.’. 2009 Act No. 26 Page 37
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 34] 34 Amendment of s 151 (Duties of principal body corporate) Section 151(1)(e)— omit, insert— ‘(e) keep— (i) for at least 10 years after their creation or receipt by or for the principal body corporate— (A) minutes of its meetings, including particulars of motions passed at the meetings; and (B) proper books of account for amounts received or paid by the principal body corporate showing the items for which the amounts were received or paid; and (ii) for at least 2 years after their creation or receipt by or for the principal body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and’. 35 Amendment of s 158 (Constitution of executive committee) (1) Section 158(4), ‘3 members’— omit, insert— ‘5 members’. (2) Section 158(6)— omit, insert— ‘(6) If there are more than 5 members of the principal body corporate, the executive committee must consist of at least 5 persons and not more than the number of members of the principal body corporate, as decided by the principal body corporate.’. (3) Section 158(7), ‘(if any)’— omit. (4) Section 158(7), ‘more than 3’— Page 38 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 36] omit, insert— ‘more than 5’. (5) Section 158(8)— omit, insert — ‘(7A) The election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the principal body corporate must be conducted under schedule 3. ‘(8) A person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee, only if the person— (a) is an individual who is— (i) a member of the principal body corporate; or (ii) a nominee of a member of the principal body corporate; and (b) does not owe a relevant body corporate debt in relation to a lot or lots owned by the person.’. 36 Insertion of new s 158A After section 158— insert— ‘158A Code of conduct for voting members of executive committee ‘(1) The code of conduct in schedule 4 applies to each person (a voting member ) who is— (a) a member of the executive committee; and (b) entitled to vote at general meetings of the principal body corporate. ‘(2) On becoming a voting member of the executive committee, the person is taken to have agreed to comply with the code of conduct.’. 2009 Act No. 26 Page 39
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 37] 37 Amendment of s 159 (Vacation of office of member of executive committee) (1) Section 159(1)(i)— renumber as section 159(1)(j). (2) Section 159(1)— insert— ‘(i) if the person is removed from office by ordinary resolution of the principal body corporate under division 5; or’. 38 Insertion of new s 161A After section 161— insert— ‘161A Conflict of interest of executive committee member [SM, s 53] ‘(1) A member of the executive committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue. ‘(2) If a member required under subsection (1) to disclose an interest in an issue is a voting member of the committee, the member is not entitled to vote on a motion involving the issue. ‘(3) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue. ‘(4) A proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue. Page 40 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 39] ‘(5) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest. ‘(6) A proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.’. 39 Insertion of new ss 164A and 164B After section 164— insert— ‘164A Protection of executive committee members from liability ‘ (1) A member of the executive committee is not civilly liable for an act done or omission made in good faith and without negligence in performing the person’s role as a member of the committee. ‘(2) In this section— act done or omission made does not include the publication of defamatory matter as mentioned in section 164B(1). ‘164B Protection of body corporate and executive committee from liability for defamation ‘(1) This section applies if— (a) the executive committee publishes required material for a general meeting of the principal body corporate; and (b) the required material contains defamatory matter. ‘(2) Each of the following is not liable for defamation because of the publication— (a) the principal body corporate; 2009 Act No. 26 Page 41
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 40] (b) the committee, or a member of the committee, other than a member of the committee who submitted the document containing the defamatory matter. ‘(3) In this section— member of the committee includes the body corporate manager acting under a delegation under section 165(2). prescribed motion means any of the following— (a) a motion to give a member of the executive committee a notice under section 175B(1); (b) a motion mentioned in section 175C(2)(a) to remove a member of the executive committee from office; (c) a motion to give a letting agent a code contravention notice; (d) a motion to require a letting agent to transfer the letting agent’s management rights for an approved scheme or part of an approved scheme under section 175N; (e) a motion to terminate a person’s appointment as a body corporate manager, engagement as a service contractor or authorisation as a letting agent under section 175Y. required material , for a general meeting of the principal body corporate, means any of the following required under this Act to be published for the meeting— (a) a prescribed motion submitted other than by or for the executive committee for the general meeting; (b) the substance of a prescribed motion mentioned in paragraph (a); (c) notice of a prescribed motion mentioned in paragraph (a) or another document required to accompany the motion, prepared by the submitter of the motion.’. 40 Amendment of s 165 (Principal body corporate manager) (1) Section 165(1), ‘subsection (3)’— omit, insert— Page 42 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 41] ‘subsections (3), (5), (6) and (7)’. (2) Section 165(6)— renumber as section 165(8). (3) Section 165(5)— omit, insert— ‘(5) The term of appointment of the body corporate manager (after allowing for any rights or options of extension or renewal, whether provided for in the instrument of appointment or subsequently agreed to) must not be longer than 3 years. Example — The appointment of a body corporate manager begins on 1 January 2009 and is for a term of 3 years. The appointment can not end later than 31 December 2011. ‘(6) If the term of appointment purports to be longer than 3 years, it is taken to be 3 years. ‘(7) To remove any doubt, it is declared that at the end of the term of appointment of a person as the body corporate manager— (a) the appointment expires; and (b) the person can not act again as the body corporate manager without a new appointment.’. 41 Insertion of new pt 8, divs 3A and 3B Part 8— insert— ‘Division 3A Proxies for general meetings of principal bodies corporate ‘168A Application of div 3A ‘ This division applies to the appointment and use of a proxy to represent a member of a principal body corporate at a general meeting of the principal body corporate. 2009 Act No. 26 Page 43
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 41] ‘168B Appointment [SM, s 107] ‘(1) Subject to subsections (2) to (5), a person entitled to vote at the general meeting may appoint a proxy to act for the person at the general meeting. ‘(2) The principal body corporate may by special resolution prohibit the use of proxies— (a) for particular things described in the special resolution; or (b) altogether. ‘(3) An appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2). ‘(4) A person must not hold— (a) if there are 20 or more lots for which there are voting entitlements for the meeting—proxies greater in number than 5% of the lots; or (b) if there are fewer than 20 lots for which there are voting entitlements for the meeting—more than 1 proxy. ‘(5) The appointment of a proxy is effective only if the person or the holder of the proxy gives, by hand, post or facsimile, a properly completed proxy form to the secretary of the principal body corporate before— (a) the start of the meeting where the proxy is to be exercised; or (b) if the principal body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time. ‘168C Form of proxy [SM, s 108] ‘A proxy under this division— (a) must be in the approved form; and (b) must be in the English language; and Page 44 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 41] (c) can not be irrevocable; and (d) can not be transferred by the holder of the proxy to a third person; and (e) lapses at the end of the principal body corporate’s financial year or at the end of a shorter period stated in the proxy; and (f) may be given by any person who has the right to vote at a general meeting; and (g) subject to the limitations contained in this division, may be given to any individual; and (h) must appoint a named individual. ‘168D Use of proxy [SM, s 109] ‘(1) A member of the principal body corporate ( member A ) who is the proxy for another member of the principal body corporate ( member B ) may vote both in member A’s own right and also as proxy of member B. ‘(2) If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect. ‘(3) A vote by proxy must not be exercised at the general meeting— (a) if the member who gave the proxy is personally present at the meeting, unless the member consents at the meeting; or (b) on a particular motion, if the person who gave the proxy has exercised a written or electronic vote on the motion; or (c) on a ballot for the election of a member of the executive committee, or for otherwise choosing a member of the executive committee; or (d) for voting for a special resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or 2009 Act No. 26 Page 45
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 41] (e) for voting for a majority resolution; or (f) on a motion approving— (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i); or (g) on a motion decided by secret ballot. ‘(4) A proxy may be exercised by— (a) the proxy holder voting in a show of hands at a general meeting; or (b) the proxy holder completing a written or electronic vote on a motion before the start of, or at, the general meeting. ‘168E Special provisions about proxy use [SM, s 110] ‘(1) A member of the principal body corporate can not be prevented by contract from exercising a vote at the general meeting, and can not be required by contract to make someone else the member’s proxy for voting at the general meeting. ‘(2) A proxy can not be exercised for someone else by— (a) the original owner of a secondary lot; or (b) a body corporate manager for— (i) the primary thoroughfare body corporate; or (ii) the principal body corporate; or (iii) a subsidiary body corporate of the primary thoroughfare body corporate or principal body corporate; or (c) an associate of a person mentioned in paragraph (a) or (b), unless the associate is 1 of the proprietors Page 46 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 41] constituting a subsidiary body corporate of the principal body corporate. ‘168F Offence [SM, s 111] ‘A person must not exercise a proxy, or otherwise purport to vote on behalf of another person, at the general meeting of the principal body corporate knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the other person. Maximum penalty—100 penalty units. ‘Division 3B Accounts and audit ‘168G Application of div 3B ‘This division applies to a principal body corporate for preparing a statement of accounts under section 151(1)(f). ‘168H Accounts [SM, s 154] ‘(1) The statement of accounts may be prepared on a cash or accrual basis. ‘(2) If the accounts are prepared on a cash basis, they must include disclosure of the following— (a) the total amounts paid to the fund established under section 151(1)(i) and the account established under section 151(1)(k); (b) total contributions in arrears; (c) balances for all financial institution accounts and investments; (d) all outstanding receipts and payments. ‘(3) If the accounts are prepared on an accrual basis, they must show the assets and liabilities of the principal body corporate 2009 Act No. 26 Page 47
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 41] at the end of the financial year for which the accounts are prepared. ‘(4) The statement of accounts must include— (a) the corresponding figures for the previous financial year; and (b) disclosure of all remuneration, allowances or expenses paid to members of the executive committee, identifying the total amounts paid to each member during the financial year under the following categories— (i) remuneration or allowances; (ii) expenses, split up into travelling, accommodation, meal and other expenses. ‘(5) A copy of the statement of accounts must accompany the notice of the annual general meeting first happening after the end of the financial year for which the accounts are prepared. ‘168I Audit [SM, s 155] ‘(1) The principal body corporate must have its statement of accounts for each financial year of the body corporate audited by an auditor. ‘(2) The auditor to be appointed must be agreed to by ordinary resolution of the principal body corporate. ‘(3) The motion for agreeing to the auditor to be appointed— (a) must be included in the agenda for the general meeting at which the motion is to be considered; and (b) must include the name of the auditor proposed to be appointed. ‘(4) Also, the body corporate may, by ordinary resolution— (a) resolve to have its accounting records audited for a particular period or a particular project; and (b) appoint an auditor for the audit. Page 48 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 41] ‘(5) A member of the executive committee, the body corporate manager, or an associate of a member of the executive committee or body corporate manager, can not be appointed to audit the accounting records or the statement of accounts of the principal body corporate. ‘(6) On finishing an audit of the principal body corporate’s statement of accounts for a financial year, the auditor must give a certificate— (a) stating whether the statement of accounts gives a true and fair view of the principal body corporate’s financial affairs; and (b) if the statement of accounts does not give a true and fair view of the principal body corporate’s financial affairs—identifying the deficiencies in the statement. ‘(7) A copy of the auditor’s certificate must accompany the notice of the next annual general meeting held after the certificate is given. ‘(8) In this section— auditor means— (a) a person who is a registered company auditor; or (b) a person who— (i) is a member of— (A) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or (B) the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or (C) the National Institute of Accountants and entitled to use the letters ‘MNIA’, ‘FNIA’, ‘PNA’ or ‘FPNA’; and (ii) has a total of 2 years auditing experience, whether or not continuous.’. 2009 Act No. 26 Page 49
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 42] 42 Amendment of s 173 (Application of div 3 to expanded principal body corporate) (1) Section 173, heading, ‘div 3’— omit, insert— ‘ particular provisions ’. (2) Section 173, ‘Division 3 applies’— omit, insert— ‘Divisions 3, 3A, 3B and 5 apply’. 43 Insertion of new pt 8, div 5 and new pt 8A Part 8— insert— ‘Division 5 Removal from office of voting members of executive committees for breach of code of conduct ‘175A Application of div 5 ‘This division applies to a primary thoroughfare body corporate or principal body corporate for removing a voting member of its executive committee for a breach of the code of conduct. ‘175B Notice for breach of code of conduct [SM, s 34] ‘(1) If the body corporate believes a voting member of its executive committee has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; Page 50 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 3 Amendment of Integrated Resort Development Act 1987 [s 43] (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; (d) that, if asked by the member, the body corporate will pay the member all postage charges and copying expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. ‘(2) If asked by the member, the body corporate must pay the member all postage charges and copying expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate. ‘175C Removal of voting member at general meeting [SM, s 35] ‘(1) This section applies if— (a) the body corporate gives a voting member of its executive committee a notice under section 175B(1); and (b) the period mentioned in section 175B(1)(c) for the notice has ended. ‘(2) The body corporate must— (a) include on the agenda of the next general meeting of the body corporate, called after the period mentioned in section 175B(1)(c) ends, a motion to remove the member from office for breaching the code of conduct; and 2009 Act No. 26 Page 51
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] (e) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a member of the executive committee. Example of a payment — payment of the candidate’s expenses for travelling to executive committee meetings ‘(4) In this section— appropriate authorising person , for a nomination from a member of the body corporate, means— (a) if the member is an individual—the member; or (b) if the member is a subsidiary body corporate—the person appointed by the member under section 24 or 67; or (c) if the member is a corporation other than a subsidiary body corporate—a director, secretary or other nominee of the corporation. ‘5 Conduct of elections for executive committee by secret ballot [SM, s 21] ‘(1) This section states how a secret ballot required under this schedule must be held. ‘(2) After nominations close, the secretary must prepare ballot papers for each of the following for which a ballot is required— (a) chairperson; (b) secretary; (c) treasurer; (d) the ordinary members of the executive committee. ‘(3) Each ballot must be conducted separately. ‘(4) However, the separate ballots may, but need not, appear on the one document. Page 198 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘(5) For each ballot, the secretary must, if satisfied the nominations comply with this schedule, state the names of the properly nominated candidates in alphabetical order of family name, showing— (a) after each name, a blank space for voting purposes; and (b) the eligibility category for each candidate; and (c) if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 24 or 67— (i) the candidate’s residential or business address; and (ii) the name of the member who nominated the candidate; and (d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of an executive committee member. ‘ (6) The secretary must forward, with the notices for the annual general meeting— (a) the ballot papers; and (b) an envelope marked ‘ballot paper’; and (c) either of the following— (i) a separate particulars envelope; (ii) a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope. ‘(7) To vote, a person must— (a) for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and (b) for a ballot for the ordinary members’ positions—place a mark in each of the spaces opposite the names of 2009 Act No. 26 Page 199
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] however many candidates the person wishes to vote for; and (c) place the ballot paper in the ballot paper envelope supplied by the secretary and seal it; and (d) if a separate particulars envelope is supplied—place the sealed ballot paper envelope in the separate envelope and seal it; and (e) complete the separate particulars envelope or particulars tab by signing and dating the envelope or tab, and inserting the following information on the envelope or tab— (i) the name of the member for whom the vote is exercised; (ii) the name of the person having the right to vote for the member; (iii) the basis for the person’s right to vote; and (f) give the completed particulars envelope with the ballot paper envelope enclosed, or the ballot paper envelope with the completed particulars tab attached, to the secretary, or forward the envelope to the secretary so that the secretary receives it, before or at the annual general meeting. ‘(8) When a ballot is held— (a) a voter who has not submitted a vote for the ballot may ask the secretary for a ballot paper, ballot paper envelope and particulars envelope or tab, and vote in the way this section provides; and (b) a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the particulars envelope, or the ballot paper envelope with particulars tab attached, for the vote already made can be readily identified and withdrawn, ask the secretary for a ballot paper, ballot paper envelope and particulars envelope or tab, and vote in the way this section provides. Page 200 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘(9) All completed ballot papers received before the annual general meeting ends are to be held in the custody of the secretary. ‘6 Conduct of elections for executive committee by open ballot [SM, s 22] ‘(1) This section states how an open ballot required under this schedule must be held. ‘(2) After nominations close, the secretary must prepare ballot papers for each of the following for which a ballot is required— (a) chairperson; (b) secretary; (c) treasurer; (d) the ordinary members of the executive committee. ‘(3) Each ballot must be conducted separately. ‘(4) However, the separate ballots mentioned in subsection (3) may, but need not, appear on the one document. ‘(5) For each ballot, the secretary must, if satisfied the nominations comply with section 4, list the names of the properly nominated candidates in alphabetical order of family name, showing— (a) after each name, a blank space for voting purposes; and (b) the eligibility category for each candidate; and (c) if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 24 or 67— (i) the candidate’s residential or business address; and (ii) the name of the member who nominated the candidate; and (d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate 2009 Act No. 26 Page 201
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] carrying out the duties of an executive committee member. ‘ (6) The secretary must forward the ballot papers, and an envelope marked ‘ballot paper’ self-addressed to the secretary, with the notices for the annual general meeting. ‘(7) To vote, a person must— (a) for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and (b) for a ballot for the ordinary members’ positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and (c) sign each ballot paper the voter completes; and (d) on each completed ballot paper, write the name of the member for whom the vote is exercised; and (e) if the ballot paper is not completed at the annual general meeting— (i) place the ballot paper in the ballot paper envelope supplied by the secretary; and (ii) seal the envelope, and write on the back of the envelope the name mentioned in paragraph (d); and (iii) give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and (f) if the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting. ‘(8) When a ballot is held— (a) a voter who has not submitted a vote for the ballot may ask the secretary for a ballot paper, and vote in the way this section provides; and Page 202 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] (b) a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the vote already made can be readily identified and withdrawn, ask the secretary for a ballot paper and vote in the way this section provides. ‘(9) All completed ballot papers received before the annual general meeting ends are to be held in the custody of the secretary. ‘7 Election of ordinary members of executive committee [SM, s 23] ‘(1) A person nominated as an ordinary member of the executive committee becomes an ordinary member of the committee under section 11 on the basis of the nomination unless it is necessary to have a ballot. ‘(2) It is necessary to have a ballot for ordinary members of the executive committee if the number of persons nominated for ordinary member positions (other than a person who becomes an executive member of the executive committee), plus the number of executive members of the executive committee, is more than the required number of members for the executive committee. ‘8 Conduct of ballot—general requirements [SM, s 24] ‘(1) Any items of business about the election of members of the executive committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting. ‘(2) The election of members takes effect immediately after the close of the meeting at which they are elected. ‘(3) The ballots for the positions on the executive committee for which ballots are required must be conducted in the following order— • chairperson • secretary 2009 Act No. 26 Page 203
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] • treasurer • ordinary members. ‘(4) Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot. ‘(5) Each candidate for a ballot, and any scrutineer appointed by the candidate, may watch the count. ‘(6) The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting. ‘9 Conduct of ballot—scrutiny of votes [SM, s 25] ‘(1) If a ballot for positions on the executive committee is an open ballot, the person chairing the meeting must— (a) confirm, by a scrutiny of the details on the back of each ballot paper envelope or each ballot paper itself, that the ballot paper is the vote of a person who has the right to vote in the election; and (b) if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope. ‘(2) If a ballot for positions on the executive committee is a secret ballot, the person chairing the meeting must— (a) confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and (b) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and (c) place the ballot paper envelope in a receptacle in open view of the meeting; and (d) after paragraph (c) has been complied with for all ballot paper envelopes, randomly mix the envelopes; and Page 204 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] (e) take each ballot paper out of its envelope. ‘(3) The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting. ‘(4) The person chairing the meeting may delegate a function under subsection (1) or (2) in relation to a ballot for a position on the executive committee to a person attending the meeting who is not a candidate for the position and who the person chairing the meeting considers has sufficient independence. ‘10 Conduct of ballot—deciding executive member positions [SM, s 26] ‘(1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this schedule, must declare the person to have been elected unopposed. ‘(2) If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— (a) must invite nominations for the position at the meeting; and (b) must accept nominations that are made in either of the following ways— (i) by members of the body corporate who are personally present or represented at the meeting; (ii) in writing, by members of the body corporate not personally present or represented at the meeting. ‘(3) A member of the body corporate may nominate, under subsection (2), not more than 1 person for the position. ‘(4) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for an ordinary member’s position on the executive committee. ‘(5) If more than 1 person has nominated for a position, a ballot is conducted, and the person who receives the highest number of votes is declared elected. 2009 Act No. 26 Page 205
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘(6) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides. ‘11 Conduct of ballot—deciding ordinary member positions [SM, s 27] ‘(1) The positions of the ordinary members of the executive committee are decided only after the executive member positions on the executive committee are filled. ‘(2) A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the executive committee, even if the person’s name appears on a ballot for ordinary members forwarded before the meeting. ‘(3) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is not more than the required number of members for the executive committee, the person chairing the meeting, if satisfied the nominations for the ordinary member positions comply with this schedule, must declare the candidates to have been elected as ordinary members. ‘ (4) However, if the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is less than the required number of members for the executive committee, the person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of all executive committee members to not more than the required number of members for the executive committee. ‘(5) The person chairing the meeting— (a) must invite nominations for the position or positions at the meeting; and Page 206 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] (b) must accept nominations that are made in either of the following ways— (i) by members of the body corporate who are personally present or represented at the meeting; (ii) in writing, by members of the body corporate not personally present or represented at the meeting. ‘(6) A member of the body corporate may nominate, under subsection (5), not more than 1 person for all ordinary member positions for which nominations are invited. ‘(7) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for a position on the executive committee. ‘(8) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is more than the required number of members for the executive committee, the person chairing the meeting must proceed with the scrutiny of the ballot papers relating to the ordinary member positions. ‘(9) The persons who receive the highest numbers of votes, in descending order until the executive committee numbers the required number of members for the executive committee, must be declared elected as the ordinary members. ‘(10) If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides. ‘(11) For the counting of votes for positions of ordinary members of the executive committee on ballot papers completed before the annual general meeting, a mark against the name of each person who has already been elected to an executive member position is void. 2009 Act No. 26 Page 207
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘12 Conduct of ballot—declaration of voting results [SM, s 28] ‘(1) The person chairing an annual general meeting must declare the result of an election. ‘(2) When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate. ‘(3) The number of votes cast for each candidate must be recorded in the minutes of the meeting. ‘(4) The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under section 6— (a) a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected as informal; and (b) for each vote rejected—the reason for the rejection; and (c) the total number of votes counted for each candidate. ‘(5) The voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under section 5— (a) a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected from the count before the enclosing ballot paper envelopes were opened; and (b) a list of the votes taken out of ballot paper envelopes for counting, but rejected as informal; and (c) for each vote rejected—the reason for the rejection; and (d) the total number of votes counted for each candidate. ‘(6) The voting tally sheet may be inspected at the meeting by any of the following persons— (a) a person who is a voter for the meeting; (b) a candidate; (c) the returning officer, if any, appointed by the body corporate for the meeting; Page 208 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] (d) the person chairing the meeting; (e) a scrutineer appointed by a candidate under section 8. ‘Schedule 4 Code of conduct for voting members of executive committees sections 41A and 85A and schedule 9, definition code of conduct ‘1 Commitment to acquiring understanding of Act, including this code ‘A voting member of the executive committee of the primary thoroughfare body corporate or principal body corporate must have a commitment to acquiring an understanding of this Act, including this code of conduct, relevant to the member’s role on the executive committee. ‘2 Honesty, fairness and confidentiality ‘(1) The voting member must act honestly and fairly in performing the member’s functions as a voting member. ‘(2) The voting member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so. ‘3 Acting in best interests of body corporate and persons with estate or interest in lots ‘Unless it is unlawful to do so, the voting member must, in performing the member’s functions as a voting member, act in the best interests of— 2009 Act No. 26 Page 209
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] (a) the body corporate; and (b) either— (i) for a voting member of the executive committee of the primary thoroughfare body corporate—the proprietors and occupiers of, and other persons having an estate or interest in, the lots in the site and the adjacent site; or (ii) for a voting member of the executive committee of the principal body corporate—the proprietors and occupiers of, and other persons having an estate or interest in, the lots in the residential zones. ‘4 Complying with Act and this code ‘The voting member must take reasonable steps to ensure the member complies with this Act, including this code, in performing the member’s functions as a voting member. ‘5 Conflict of interest ‘The voting member must disclose to the executive committee any conflict of interest the member may have in a matter before the executive committee. Page 210 2009 Act No. 26
‘Schedule 5 Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] Code of conduct for body corporate managers and caretaking service contractors section 94E and schedule 9, definition code of conduct ‘1 Knowledge of Act, including code ‘A body corporate manager or caretaking service contractor appointed or engaged by the primary thoroughfare body corporate or principal body corporate must have a good working knowledge and understanding of this Act, including this code of conduct, relevant to the person’s functions. ‘2 Honesty, fairness and professionalism ‘(1) The body corporate manager or caretaking service contractor must act honestly, fairly and professionally in performing the person’s functions under the person’s appointment or engagement. ‘(2) The body corporate manager must not attempt to unfairly influence the outcome of an election for the executive committee of the body corporate. ‘3 Skill, care and diligence ‘The body corporate manager or caretaking service contractor must exercise reasonable skill, care and diligence in performing the person’s functions under the person’s appointment or engagement. 2009 Act No. 26 Page 211
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘4 Acting in body corporate’s best interests ‘The body corporate manager or caretaking service contractor must act in the best interests of the body corporate unless it is unlawful to do so. ‘5 Keeping body corporate informed of developments ‘The body corporate manager or caretaking service contractor must keep the body corporate informed of any significant development or issue about an activity performed for the body corporate. ‘6 Ensuring employees comply with Act and code ‘The body corporate manager or caretaking service contractor must take reasonable steps to ensure an employee of the person complies with this Act, including this code, in performing the person’s functions under the person’s appointment or engagement. ‘7 Fraudulent or misleading conduct ‘The body corporate manager or caretaking service contractor must not engage in fraudulent or misleading conduct in performing the person’s functions under the person’s appointment or engagement. ‘8 Unconscionable conduct ‘The body corporate manager or caretaking service contractor must not engage in unconscionable conduct in performing the person’s functions under the person’s appointment or engagement. Examples of unconscionable conduct — • taking unfair advantage of the person’s superior knowledge relative to the body corporate • requiring the body corporate to comply with conditions that are unlawful or not reasonably necessary Page 212 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] • exerting undue influence on, or using unfair tactics against, the body corporate or the owner of a lot in the resort ‘9 Conflict of duty or interest ‘The body corporate manager or caretaking service contractor for the resort or part of the resort must not accept an appointment or engagement (the second appointment or engagement ) if doing so will place the person’s functions or interests for the resort or part in conflict with the person’s functions or interests for obligations under the second appointment or engagement. Example of a second appointment or engagement — an appointment as the body corporate manager or an engagement as a caretaking service contractor for another scheme ‘10 Goods and services to be supplied at competitive prices ‘The body corporate manager or caretaking service contractor must take reasonable steps to ensure goods and services the person obtains for or supplies to the body corporate are obtained or supplied at competitive prices. ‘11 Body corporate manager to demonstrate keeping of particular records ‘If the body corporate or its executive committee gives the body corporate manager a written request to show that the manager has kept the body corporate records as required under this Act, the manager must comply with the request within the reasonable period stated in the request. 2009 Act No. 26 Page 213
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘Schedule 6 Code of conduct for letting agents section 94F and schedule 9, definition code of conduct ‘1 Honesty, fairness and professionalism ‘A letting agent for the resort or part of the resort must act honestly, fairly and professionally in conducting the letting agent’s business under the letting agent’s authorisation. ‘2 Skill, care and diligence ‘The letting agent must exercise reasonable skill, care and diligence in conducting the letting agent business under the letting agent’s authorisation. ‘3 Acting in body corporate’s and individual lot owner’s best interests ‘Unless it is unlawful to do so, the letting agent must, as far as practicable, act in the best interests of— (a) the body corporate that has given the letting agent’s authorisation; and (b) individual owners of lots in the resort or part. ‘4 Ensuring employees comply with Act and code ‘The letting agent must take reasonable steps to ensure an employee of the letting agent complies with this Act, including this code, in conducting the letting agent business under the letting agent’s authorisation. Page 214 2009 Act No. 26
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘5 Fraudulent or misleading conduct ‘The letting agent must not engage in fraudulent or misleading conduct in conducting the letting agent business under the letting agent’s authorisation. ‘6 Unconscionable conduct ‘The letting agent must not engage in unconscionable conduct in conducting the letting agent business under the letting agent’s authorisation. Examples of unconscionable conduct — • taking unfair advantage of the person’s position as letting agent relative to the body corporate or the owner of a lot in the resort • exerting undue influence on, or using unfair tactics against, the body corporate or the owner of a lot in the resort ‘7 Nuisance ‘The letting agent must not— (a) cause a nuisance or hazard at the resort; or (b) interfere unreasonably with the use or enjoyment of a lot in the resort; or (c) interfere unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property; or (d) otherwise behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot or common property. ‘8 Goods and services to be supplied at competitive prices ‘The letting agent must take reasonable steps to ensure goods and services the letting agent obtains for or supplies to the body corporate are obtained or supplied at competitive prices. 2009 Act No. 26 Page 215
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘Schedule 7 Zones of the site section 7(1) Page 216 2009 Act No. 26
‘Schedule 8 Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] Zones of the adjacent site section 12C(1) 2009 Act No. 26 Page 217
Resorts and Other Acts Amendment Act 2009 Part 6 Amendment of Sanctuary Cove Resort Act 1985 [s 110] ‘Schedule 9 Dictionary section 4’. Page 218 2009 Act No. 26
Schedule Resorts and Other Acts Amendment Act 2009 Schedule Minor and consequential amendments sections 3, 5 and 59 Iconic Queensland Places Act 2008 1 Section 2(2)(b), ‘development’— omit, insert— ‘particular development’. 2 Part 4, heading, ‘Development’— omit, insert— ‘ Particular development ’. Integrated Resort Development Act 1987 1 Sections 15(4), 20(1)(b), 72(5), 90(3) and 96(7), ‘ Integrated Planning Act 1997’ — omit, insert— ‘Integrated Planning Act’. 2009 Act No. 26 Page 219
Resorts and Other Acts Amendment Act 2009 Schedule Sanctuary Cove Resort Act 1985 1 Sections 13, 52, 54(1), 58, 59, 61, 63(b), 64, 106(1) and 108, ‘Albert Shire Council’— omit, insert— ‘local government’. 2 Section 13(5B), ‘Director of Local Government’— omit, insert— ‘chief executive’. 3 Section 51, heading, ‘Albert Shire Council’— omit, insert— ‘ Local government ’. 4 Section 51, ‘the Albert Shire Council’— omit, insert— ‘the local government’. 5 Section 106, heading, ‘Albert Shire Council’— omit, insert— ‘ local government ’. © State of Queensland 2009 Page 220 2009 Act No. 26
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