Strata Schemes Management Act 1996 Strata Schemes Management Amendment (Residential Tribunal) Regulation 2001 (2001-681) [GG No 132 of 31.8.2001, p 7209] (NSW)
2001 No 681
| Strata Schemes Management | New South Wales |
Amendment (Residential Tribunal)
Regulation 2001
under the
Strata Schemes Management Act 1996
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Strata Schemes Management Act 1996.
JOHN WATKINS, M.P., Minister for Fair Trading
Explanatory note
On the commencement of the amendment to section 222 of the Strata Schemes Management Act 1996 (the Strata Act) by Schedule 1.27 [8] to the Statute Law (Miscellaneous Provisions) Act (No 2) 2000, the provisions of the Residential Tribunal Act 1998 and the regulations made under that Act will apply in relation to proceedings under the Strata Act before the Residential Tribunal, subject to any modifications prescribed by the regulations under the Strata Act.
The object of this Regulation is to amend the Strata Schemes Management
Regulation 1997 to provide that:
| (a) | certain provisions of the Residential Tribunal Act 1998 and the Residential Tribunal Regulation 1999 that relate to representation of parties, costs and procedural matters do not apply to proceedings under the Strata Act before the Residential Tribunal, and |
| Published in Gazette No 132 of 31 August 2001, page 7209 | Page 1 |
| [4] | |
| 2001 No 681 | |
| Strata Schemes Management Amendment (Residential Tribunal) Regulation 2001 | |
| Explanatory note | |
| (b) | section 25 (2) of the Residential Tribunal Act 1998 (which concerns service of process) applies to those proceedings, but in a modified manner. |
This Regulation is made under the Strata Schemes Management Act 1996, including sections 222 and 246 (the general regulation-making power).
2001 No 681
| Strata Schemes Management Amendment (Residential Tribunal) | Clause 1 |
| Regulation 2001 | |
| Strata Schemes Management Amendment (Residential Tribunal) Regulation 2001 |
Name of Regulation
This Regulation is the Strata Schemes Management Amendment
(Residential Tribunal) Regulation 2001.
2 Commencement
This Regulation commences on the commencement of Schedule 1.27 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2000.
Amendment of Strata Schemes Management Regulation 1997
The Strata Schemes Management Regulation 1997 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
2001 No 681
Strata Schemes Management Amendment (Residential Tribunal)
Regulation 2001
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
Clause 19 Conduct of proceedings before Tribunal
Insert after clause 19 (2):
(3) This clause is a modification of the provisions of the Residential Tribunal Act 1998, and of the regulations under that Act, for the purposes of section 222 (1) of the Strata Schemes Management Act 1996.
Clause 19A
Insert after clause 19:
19A Modification of applied provisions of Residential Tribunal Act
1998 and regulations: section 222 (1)(1) The following provisions do not apply in relation to proceedings before the Tribunal under the Act:
(a)
sections 27 (5) (g) and (h), 33 and 48 of the Residential Tribunal Act 1998,
(b)
Part 5 (being clauses 11 to 15) and clauses 16 and 26 of the Residential Tribunal Regulation 1999.
(2)
Section 25 (2) of the Residential Tribunal Act 1998 applies in relation to notices of application for an order in addition to section 135 of the Strata Schemes Management Act 1996, and for that purpose the words “this section” in that subsection are taken to refer to section 135 (1) of the Strata Schemes Management Act 1996.
Note. Section 222 (1) of the Act provides that the provisions of the Residential Tribunal Act 1998, and of the regulations made under that Act, apply in relation to proceedings under the Strata Schemes Management Act 1996 before the Residential Tribunal, subject to any modifications prescribed by the regulations.
Various provisions of the Act (for example, Parts 1 and 2, Divisions 1–11 of Part 4 and Division 3 of Part 5 of Chapter 5 of the Act) do not relate to proceedings before the Residential Tribunal and therefore are not affected by section 222 (1).
BY AUTHORITY
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