Strata Schemes Management Act 2015 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Sec 137B(7) of this Act (sec 137B(7) repeals sec 137B(6) on 26.8.2026)

Better Regulation Legislation Amendment (Miscellaneous) Act 2024 No 53, Sch 1.14[2] (not commenced)

Strata Schemes Legislation Amendment Act 2025 No 14, Sch 1[1], to the extent it inserts the definitions of independent surveyor, multi-storey scheme and storey, [7] [8], except to the extent it substitutes sec 37(1), [24] [31] [41] [53] and [54] (not commenced — Sch 1[1], to the extent it inserts the definitions of independent surveyor, multi-storey scheme and storey, [7] [24] [41] [53] and [54] to commence on 1.4.2026)

See also—

Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025

An Act with respect to the management of strata schemes and disputes related to strata schemes and other matters; and to repeal the Strata Schemes Management Act 1996.

Part 1Preliminary1Name of Act

This Act is the Strata Schemes Management Act 2015.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act

The objects of this Act are as follows—

  • (a)

    to provide for the management of strata schemes,

  • (b)

    to provide for the resolution of disputes arising from strata schemes.

4Definitions(1)

In this Act—

accessibility infrastructure means changes made—

  • (a)

    to part of the common property, including by installing, removing, modifying or replacing anything on or forming part of the common property, and

  • (b)

    to facilitate a person with a disability having access to—

    • (i)

      the common property, or

    • (ii)

      the lot in the strata scheme in which the person resides.

accessibility infrastructure resolution means a resolution to do one or more of the following that is specified to be an accessibility infrastructure resolution—

  • (a)

    to finance accessibility infrastructure,

  • (b)

    to add to the common property, alter the common property or erect a new structure on the common property for the purpose of installing accessibility infrastructure,

  • (c)

    to change the by-laws of the strata scheme for the purposes of the installation or use, or both, of accessibility infrastructure.

accounting records means the accounting records required to be kept by an owners corporation under section 96.

administrative fund of an owners corporation means the fund established by the owners corporation under section 73.

aggregate unit entitlement of lots in a strata scheme means the sum of the unit entitlements of the lots.

approved insurer means—

  • (a)

    a general insurer within the meaning of the Insurance Act 1973 of the Commonwealth, or

  • (b)

    any other person prescribed by the regulations for the purposes of this definition.

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth, section 9(2).

building, in relation to a strata scheme or a proposed strata scheme, means a building containing a lot or proposed lot, or part of a lot or proposed lot, in the scheme or proposed scheme.

building management committee means a building management committee established for a building under a strata management statement for a strata scheme.

building manager—see section 66.

building manager agreement–see section 67.

by-laws means the by-laws in force for a strata scheme.

capital works fund of an owners corporation means the fund established by the owners corporation under section 74.

change a by-law—see section 133.

commission includes an insurance broker fee.

common property, in relation to a strata scheme or a proposed strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.

common property rights by-law—see section 142.

community scheme has the same meaning as it has in the Community Land Development Act 2021.

company nominee of a corporation means an individual for the time being authorised under section 154 (1) by the corporation.

connected, in relation to 2 or more persons—see section 7.

covenant chargee of a lot or development lot in a leasehold strata scheme means a covenant chargee of a leasehold estate of the lot.

damage policy—see section 160 (1).

defective building work—see section 190.

Department means the Department of Customer Service.

developer of the strata scheme constituted on registration of a strata plan proposed under a development scheme means the person who, for the time being, is—

  • (a)

    the original owner of the strata scheme, or

  • (b)

    a person, other than the original owner, who is the owner of a development lot within the strata plan.

development lot means a lot in a strata plan or strata plan of subdivision that is identified by a strata development contract as a lot that is to be the subject of a strata plan of subdivision under the development scheme for the contract.

development scheme means the scheme of development provided for, and represented by, a strata development contract.

disability has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth, section 4(1).

financial statements means the financial statements prepared by an owners corporation in accordance with Division 3 of Part 5.

floor includes a stairway or ramp.

freehold strata scheme has the same meaning as it has in the Strata Schemes Development Act 2015.

function includes a power, authority or duty, and exercise a function includes perform a duty.

initial maintenance schedule means the schedule prepared by the original owner under section 115.

initial period of an owners corporation of a strata scheme means the period—

  • (a)

    commencing on the day the owners corporation is constituted, and

  • (b)

    ending on the day there are owners of lots in the strata scheme (other than the original owner) the sum of whose unit entitlements is at least one-third of the aggregate unit entitlement.

interested person—see section 226.

large strata scheme—see section 6.

leasehold strata scheme has the same meaning as it has in the Strata Schemes Development Act 2015.

lessor of a leasehold strata scheme has the same meaning as it has in the Strata Schemes Development Act 2015.

local council, in relation to land, means—

  • (a)

    the council of the area under the Local Government Act 1993 in which the land is situated, or

  • (b)

    a person declared by the regulations to be the local council for that land for the purposes of this Act or any specified provision of this Act.

lot, in relation to a strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.

minor renovations—see section 110.

mortgage, in relation to a lot in a strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.

mortgagee, in relation to a lot or development lot in a leasehold strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.

occupier of a lot means a person in lawful occupation of the lot.

officer of an owners corporation means the chairperson, secretary or treasurer of the owners corporation.

on-site residential property manager means a real estate agent exercising on-site residential property manager functions within the meaning of the Property and Stock Agents Act 2002.

original owner

  • (a)

    of a freehold strata scheme means the person who held the fee simple in the parcel the subject of that scheme when the strata plan for the scheme was registered, or

  • (b)

    of a leasehold strata scheme means the person who, immediately after registration of the strata plan for the scheme, is entitled to a leasehold estate in all the lots in the scheme or is entitled to a leasehold estate in 2 or more lots in the scheme with total unit entitlements exceeding more than two-thirds of the aggregate unit entitlement of the lots in the scheme.

owner of a lot in a strata scheme means—

  • (a)

    except as provided by paragraph (b) or (c), each person for the time being recorded in the Register as entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), or

  • (b)

    except as provided by paragraph (c), each person whose name is entered on the strata roll in accordance with section 178 as being entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), or

  • (c)

    each person who is taken by section 43 (1) of the Strata Schemes Development Act 2015 to be the owner of the lot.

owners corporation means an owners corporation constituted under section 8 for a strata scheme.

parcel means—

  • (a)

    in relation to a strata scheme, the land from time to time comprising the lots and common property in the scheme, and

  • (b)

    in relation to a plan lodged for registration as a strata plan, the land comprised in that plan.

part strata parcel has the same meaning as it has in the Strata Schemes Development Act 2015.

person present at a meeting includes a person who is not personally present but is able to vote at the meeting by another means specified under clause 28 of Schedule 1 or clause 10 of Schedule 2.

planning approval means—

  • (a)

    a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or

  • (b)

    an approval under Part 3A or Part 5.1 of that Act.

positive covenant means a positive covenant imposed on land under section 88D or 88E of the Conveyancing Act 1919.

precinct scheme has the same meaning as it has in the Community Land Development Act 2021.

public authority means a public or local authority that is constituted by or under an Act.

real estate agent has the same meaning as in the Property and Stock Agents Act 2002.

registered means registered in the office of the Registrar-General.

registrar means a registrar of the Tribunal.

retirement village has the same meaning as it has in the Retirement Villages Act 1999.

schedule of unit entitlement, in relation to a strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.

Secretary means—

  • (a)

    the Commissioner for Fair Trading, Department of Customer Service, or

  • (b)

    if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.

special resolution—see section 5.

strata committee of an owners corporation means the strata committee of that owners corporation established under this Act.

strata development contract has the same meaning as it has in the Strata Schemes Development Act 2015.

strata information certificate—see section 184 (1).

strata interest notice—see section 22 (1).

strata management statement has the same meaning as it has in the Strata Schemes Development Act 2015.

strata managing agent means a person appointed as the strata managing agent for a strata scheme.

strata plan has the same meaning as it has in the Strata Schemes Development Act 2015.

strata roll for a strata scheme or a former strata scheme means the strata roll for that scheme established under Division 1 of Part 10.

strata scheme means a freehold strata scheme or a leasehold strata scheme.

sustainability infrastructure and sustainability infrastructure resolution—see section 132B.

tenancy notice means a notice given to an owners corporation under section 258.

tenant of a lot means a lessee, sublessee or assignee of a lot, but does not include an owner of the lot.

the Register has the same meaning as it has in the Real Property Act 1900.

Tribunal means the Civil and Administrative Tribunal.

unanimous resolution—see section 5.

unfinancial owner means an owner of a lot in a strata scheme who has not paid all contributions levied on the owner that are due and payable, and any other amounts recoverable from the owner, in relation to the lot.

unit entitlement of a lot in a strata scheme means the unit entitlement of the lot shown on the schedule of unit entitlement for the strata scheme.

utility lot means a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.

wall includes a door, window or other structure dividing a lot—

  • (a)

    from common property or from another lot, or

  • (b)

    if the lot is a lot in a part strata parcel—from any part of a building that is not within the parcel.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

A reference in this Act to the registration of a strata plan or a strata plan of subdivision is a reference to the registration of a plan as any such plan under the Strata Schemes Development Act 2015.

(3)

This Act applies to a leasehold strata scheme in the same way as it applies to a freehold strata scheme unless otherwise specified.

(4)

Notes included in this Act do not form part of this Act.

s 4: Am 2016 No 55, Sch 1.30; 2018 No 5, Sch 2.16[1]; 2018 No 49, Sch 1[1]; 2021 No 1, Sch 1[1]; 2021 No 6, Sch 5.19; 2022 No 59, Sch 3.65[1] [2]; 2023 No 45, Sch 3[1] [2]; 2024 No 65, Sch 1[1]; 2025 No 14, Sch 1[1].

5Resolutions of owners corporations(1)

In this Act, a resolution of an owners corporation is a special resolution if—

  • (a)

    it is passed at a properly convened general meeting, and

  • (b)

    of the value of votes cast—

    • (i)

      not more than 25% are against the resolution, or

    • (ii)

      if the resolution is a sustainability infrastructure resolution—less than 50% are against the resolution, or

    • (iii)

      if the resolution is an accessibility infrastructure resolution—less than 50% are against the resolution.

(2)

In determining a special resolution, the value of a vote for a lot is equal to the unit entitlement of the lot, subject to subsection (2A).

(2A)

The value of a vote cast by an original owner of a strata scheme must be reduced by two-thirds if—

  • (a)

    the total unit entitlement of lots for which the original owner is entitled to a vote is at least half of the aggregate unit entitlement of the lots in the scheme, and

  • (b)

    the scheme comprises more than 2 lots.

(3)

In this Act, a resolution of an owners corporation is a unanimous resolution if it is passed at a properly convened general meeting and no vote is cast against the resolution.

Note.

A motion or election that is not required to be approved by a special resolution or unanimous resolution is passed by a simple majority of votes (see clause 14 of Schedule 1).

s 5: Am 2021 No 1, Sch 1[2]; 2023 No 45, Sch 3[3]; 2025 No 14, Sch 1[2].

6Meaning of “large strata scheme”(1)

In this Act, large strata scheme means a strata scheme comprising more than 100 lots or another number of lots prescribed by the regulations for the purposes of this section.

(2)

When calculating the number of lots in a strata scheme for the purposes of this section, utility lots and lots used for the purposes of parking are not to be included in the calculation.

(3)

The regulations may contain provisions of a savings or transitional nature consequent on a change in the kinds of schemes that are large strata schemes.

7Connected persons(1)

For the purposes of this Act, a person (the principal person) is connected with another person if the other person—

  • (a)

    is a relative (within the meaning of the Local Government Act 1993) of the principal person or, if the principal person is a corporation, is a relative of the holder of an executive position in the corporation, or

  • (b)

    is employed or engaged by the principal person or is a business partner of the principal person, or

  • (c)

    if the principal person is a corporation, holds an executive position in the corporation, or

  • (d)

    is the employer of the principal person, or

  • (e)

    is employed or engaged by, or holds an executive position in, a corporation that also employs or engages the principal person or in which the principal person holds an executive position, or

  • (f)

    has any other connection or association with the principal person of a kind prescribed by the regulations.

(2)

However, the principal person is not connected with a member of an owners corporation, or the strata committee of an owners corporation, merely because of any dealing, contact or arrangement the member has with the principal person in the capacity of a member of the owners corporation or strata committee.

(3)

In this section, executive position in a corporation means the position of director, manager or secretary of the corporation, or any other executive position of the corporation, however those positions are designated.

Part 2Managing body for strata schemes—owners corporationDivision 1Constitution of owners corporation8Constitution of owners corporation(1)

The owners of the lots from time to time in a strata scheme constitute a body corporate under the name “The Owners—Strata Plan No X” (X being the registered number of the strata plan to which that strata scheme relates).

(2)

An owners corporation is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.

Note.

This subsection ensures that neither the Corporations Act 2001 of the Commonwealth nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to an owners corporation. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to those Acts, then the provisions of those Acts will not apply in relation to that matter in the State concerned.

Division 2Management of strata schemes9Owners corporation responsible for management of strata scheme(1)

The owners corporation for a strata scheme has the principal responsibility for the management of the scheme.

(2)

The owners corporation has, for the benefit of the owners of lots in the strata scheme—

  • (a)

    the management and control of the use of the common property of the strata scheme, and

  • (b)

    the administration of the strata scheme.

(3)

The owners corporation has responsibility for the following—

  • (a)

    managing the finances of the strata scheme (see Part 5),

  • (b)

    keeping accounts and records for the strata scheme (see Parts 5 and 10),

  • (c)

    maintaining and repairing the common property of the strata scheme (see Part 6),

  • (d)

    taking out insurance for the strata scheme (see Part 9).

10Functions of owners corporation generally(1)

An owners corporation has such other functions as may be conferred or imposed on it by or under this or any other Act.

(2)

An owners corporation must not delegate any of its functions to a person unless the delegation is specifically authorised by this Act.

11Other management bodies and persons who assist the owners corporation

The owners corporation for a strata scheme may be assisted in the carrying out of its management functions under this Act by any one or more of the following—

  • (a)

    the strata committee of the owners corporation established in accordance with this Act,

  • (b)

    a strata managing agent for the scheme appointed in accordance with Part 4,

  • (c)

    a building manager for the scheme appointed in accordance with Part 4.

12Owners corporation may employ persons to assist in exercise of functions(1)

The owners corporation for a strata scheme may employ such persons as it thinks fit to assist it in the exercise of any of its functions.

(2)

The owners corporation must ensure that any person employed to assist it in the exercise of a function has the qualifications (if any) required by this Act or any other law for the exercise of that function.

13Functions that may only be delegated to member of strata committee or strata managing agent(1)

The following functions of an owners corporation, strata committee or officer of an owners corporation may be delegated to or conferred only on a member of the strata committee or a strata managing agent—

  • (a)

    the preparation of estimates for the purposes of section 79,

  • (b)

    the levying of contributions,

  • (c)

    the receiving of, acknowledging of, banking of or accounting for money paid to the owners corporation,

  • (d)

    having custody of any money paid to the owners corporation or making payments from any such money,

  • (e)

    the taking out of insurance required or permitted by this Act,

  • (f)

    the conduct of meetings of the owners corporation and handling of correspondence,

  • (g)

    the maintenance of records required to be kept under this Act,

  • (h)

    such other functions as may be prescribed by the regulations.

(2)

This section is subject to sections 56 and 101.

Note.

Section 101 enables some of these functions to be exercised by certain other specified persons.

Division 3Meetings of owners corporation14First AGM must be held within 2 months after initial period(1)

The original owner or, in the case of a leasehold strata scheme for which there is no original owner, the lessor of the leasehold strata scheme must convene and hold a meeting of the owners corporation, in accordance with this Act and the regulations, not later than 2 months after the end of the initial period.

Maximum penalty—

  • (a)

    100 penalty units, and

  • (b)

    for a continuing offence—a further 2 penalty units for each day the offence continues.

(2)

An original owner or lessor who fails to comply with this section remains liable to the penalty for that contravention even if the Tribunal makes an order under this Division or a meeting is convened and held in accordance with the order or otherwise.

(3)

An original owner or lessor required to convene the first annual general meeting of an owners corporation must give at least 14 days notice of the first annual general meeting to—

  • (a)

    each other owner and each first mortgagee and covenant chargee shown on the strata roll, and

  • (b)

    each tenant of a lot in the strata scheme whose name has been notified under a tenancy notice as a tenant of the lot to the owners corporation in accordance with this Act.

s 14: Am 2025 No 14, Sch 1[3].

15Agenda for first AGM(1)

The agenda for the first annual general meeting of an owners corporation must be set by—

  • (a)

    for a leasehold strata scheme for which there is no original owner—the lessor of the leasehold strata scheme, or

  • (b)

    otherwise—the original owner.

(2)

The agenda for the first annual general meeting of an owners corporation must include the following items and may include other items—

  • (a)

    to decide whether the amount of a contribution required to be made to the administrative fund or capital works fund should be confirmed or varied,

  • (b)

    to discuss the preparation of the 10-year capital works fund plan,

  • (c)

    to determine the number of members of the strata committee and to elect the strata committee,

  • (d)

    to decide whether insurance taken out by the owners corporation should be confirmed, varied or extended,

  • (e)

    to decide whether insurance referred to in section 165 (2) should be taken out by the owners corporation,

  • (f)

    to decide if any matter or class of matter is to be determined by the owners corporation in general meeting,

  • (g)

    to decide whether the by-laws for the strata scheme should be altered or added to,

  • (h)

    to decide whether a strata managing agent should be appointed by the owners corporation and, if appointed, what functions of the owners corporation should be delegated to the strata managing agent,

  • (i)

    if there is a strata managing agent, a form of motion to consider the report by the agent as to whether, and what, commissions have been paid to the agent or are likely to be payable to the agent for the following 12 months,

  • (j)

    to decide whether a building manager should be appointed and, if appointed, what functions the building manager should exercise,

  • (k)

    to receive the documents required to be provided under section 16,

  • (l)

    to consider the accounting records and last financial statements prepared,

  • (m)

    to consider the initial maintenance schedule,

  • (n)

    to consider building defects and rectification,

  • (o)

    to appoint an auditor or to decide whether an auditor should be appointed,

  • (p)

    any item prescribed by the regulations for the purposes of this section.

s 15: Am 2025 No 14, Sch 1[4] [5].

16Documents and records to be provided to owners corporation at first AGM(1)

An original owner or lessor of a strata scheme required to convene a meeting under this Division must deliver the following to the owners corporation at least 14 days before the first annual general meeting of the owners corporation—

  • (a)

    all plans, specifications, occupation certificates or other certificates, diagrams, depreciation schedules and other documents (including policies of insurance) relating to the parcel or any building on the parcel,

  • (b)

    without limiting paragraph (a), all planning approvals, complying development certificates and related endorsed plans, approvals, “as built” drawings, compliance certificates (within the meaning of the Environmental Planning and Assessment Act 1979), fire safety certificates and warranties relating to the parcel or any building, plant or equipment on the parcel,

  • (c)

    the strata roll and any notices or other records relating to the strata scheme,

  • (d)

    the initial maintenance schedule,

  • (e)

    any interim report or final report of a building inspector prepared under Part 11 and relating to any building on the parcel,

  • (f)

    any other document or item relating to the parcel or any building, plant or equipment on the parcel that is prescribed by the regulations for the purposes of this section.

Maximum penalty—

  • (a)

    100 penalty units, and

  • (b)

    for a continuing offence—a further 2 penalty units for each day the offence continues.

(2)

An original owner or lessor is only required under this section to deliver to the owners corporation a thing if that thing is in the possession or control of the original owner or lessor or may be obtained by the original owner or lessor by taking reasonable steps to do so.

(3)

This section does not require an original owner or lessor to deliver to the owners corporation any documents that exclusively evidence rights or obligations of the original owner or lessor and that are not capable of being used for the benefit of the owners corporation or any of the other owners.

s 16: Am 2021 No 10, Sch 3.23[1] [2]; 2023 No 45, Sch 3[4]; 2025 No 14, Sch 1[6].

17Tribunal may order initial documents to be provided

The Tribunal may, on application by an owners corporation, order an original owner or lessor required to convene a meeting under this Division to provide to the owners corporation a thing that was required to be but was not delivered to the owners corporation in accordance with this Division.

18AGM must be held

An owners corporation must hold an annual general meeting once in each financial year of the corporation.

19Other general meetings(1)

The secretary or a strata committee of an owners corporation may convene a general meeting (that is not an annual general meeting) of the owners corporation at any time.

(2)

The secretary of the owners corporation, or another officer if the secretary is absent, must convene a general meeting (that is not an annual general meeting) of the owners corporation as soon as practicable, and not later than 14 days after, receiving a qualified request.

(3)

A meeting may be convened on a qualified request even if the first annual general meeting has not been held.

(4)

A request is a qualified request for the purposes of this section if it is made by one or more owners of a lot or lots in the strata scheme having a total unit entitlement of at least one-quarter of the aggregate unit entitlements.

20Tribunal may appoint person to hold first AGM and other meetings(1)

The Tribunal may, on application by an owners corporation or an owner or mortgagee of a lot in a strata scheme, order a person to convene and hold a meeting of the owners corporation within the time specified in the order if a meeting has not been convened and held in accordance with this Act.

(2)

The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.

21Unanimous or special resolutions to be amended or revoked in same way(1)

A unanimous resolution or special resolution of an owners corporation about a matter that is required by or under this Act or the by-laws of a strata scheme to be determined by a resolution of that kind cannot be amended or revoked other than by a subsequent resolution of the same kind.

(2)

However, a unanimous resolution of an owners corporation dealing with common property may be amended by a special resolution.

22Notice to be given to owners corporation of right to cast vote at meeting(1)

A person who has an interest in a lot that, subject to this Act, gives the person a right to cast a vote either personally or by nominee at meetings of an owners corporation must give the owners corporation written notice of that interest (a strata interest notice).

(2)

The strata interest notice must specify the following information and, if the interest is a mortgage, include confirmation by the mortgagor or be verified by statutory declaration of the mortgagee—

  • (a)

    the person’s full name and an address for service of notices,

  • (b)

    the lot concerned and the exact nature of the person’s interest in it,

  • (c)

    the date on which the person acquired the interest,

  • (d)

    if the voting entitlement conferred by the interest is one that, according to this Act, is to be exercised by a nominee, the nominee’s full name and address for service of notices.

Note.

An address for service of notices may be an Australian postal address or an electronic address, including an email address (see section 261).

(3)

The strata interest notice must specify the manner in which the interest arose and be verified by statutory declaration if any of the following applies to the interest—

  • (a)

    the interest is that of the executor or administrator of the estate of a deceased person,

  • (b)

    the interest is that of the liquidator or receiver in bankruptcy of any person,

  • (c)

    the interest has arisen by operation of law or the order of any court,

  • (d)

    the interest has arisen in any manner otherwise than by transfer of the interest from some other person or the discharge of a mortgage.

(4)

The secretary of the owners corporation, if of the opinion that a person obliged to give notice under this section has not done so, may by a written notice given to the person require the person—

  • (a)

    to state, within 14 days, whether or not the person is a person required to give notice under this section, and

  • (b)

    if the person is such a person, to give that notice.

(5)

A person is not entitled to cast a vote at a meeting of the owners corporation if the person has not complied with a notice given to the person under subsection (4) or, in the case of a vote to be tendered through a nominee, if the nominee’s full name and address for service of notices have not been notified under this section.

(6)

A person who has given notice under this section may by further notice advise any change of nominee or of the person’s or any nominee’s address for service.

23Meeting procedures and voting

Other procedures for general meetings of the owners corporation and voting at those meetings are set out in Schedule 1.

24Order invalidating resolution of owners corporation(1)

The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.

(2)

The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of Part 10 (other than Division 6 or 7) of the Strata Schemes Development Act 2015 have not been complied with in relation to the meeting.

(3)

The Tribunal may refuse to make an order under this section only if it considers—

  • (a)

    that the failure to comply with the provisions of this Act or the regulations, or of the Strata Schemes Development Act 2015, did not adversely affect any person, and

  • (b)

    that compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election.

(4)

The Tribunal may not make an order invalidating a resolution under subsection (2) if an application for an order has been made under Division 6 of Part 10 of the Strata Schemes Development Act 2015 in relation to the same or a related matter.

(5)

The Tribunal may not make an order under this section invalidating a decision by an owners corporation to approve, or not to approve, the appointment of a building inspector under Part 11.

25Order where voting rights denied or due notice of item of business not given(1)

The Tribunal may, on application by a person entitled to vote on a motion for a resolution of an owners corporation at a general meeting, order that a resolution passed at the general meeting be treated as a nullity on and from the date of the order.

(2)

The Tribunal must not make the order unless the Tribunal is satisfied that the resolution would not have been passed but for the fact that the applicant for the order—

  • (a)

    was improperly denied a vote on the motion for the resolution, or

  • (b)

    was not given due notice of the item of business in relation to which the resolution was passed.

(3)

An application for an order may not be made unless—

  • (a)

    an application for mediation of the dispute was made not later than 28 days after the date of the meeting at which the resolution was passed, or

  • (b)

    if an application for mediation was not made, the application for the order was made not later than 28 days after the date of the meeting at which the resolution was passed.

(4)

If a resolution that is to be treated as a nullity by an order changes the by-laws and the order has been recorded in the Register under this Act, the by-laws have force and effect on and from the date the order is so recorded to the same extent as they would have had if the change had not been made.

(5)

Subsection (4) is subject to the by-laws having been or being changed in accordance with this Act and to any relevant order made by a superior court.

(6)

The Tribunal may not make an order under this section if an application for an order has been made under Division 6 of Part 10 of the Strata Schemes Development Act 2015 in relation to the same or a related matter.

(7)

The Tribunal may not make an order under this section invalidating a decision by an owners corporation to approve, or not to approve, the appointment of a building inspector under Part 11.

Division 4Limitation on functions during initial period26Restrictions on powers of owners corporation during initial period(1)

An owners corporation for a strata scheme must not, during the initial period, do any of the following things unless the owners corporation is authorised to do so by an order of the Tribunal under this Division—

  • (a)

    alter any common property or erect any structure on the common property otherwise than in accordance with a strata development contract,

  • (b)

    incur a debt for an amount that exceeds the amount then available for repayment of the debt from its administrative fund or its capital works fund,

  • (c)

    appoint for a period extending beyond the date of the first annual general meeting of the owners corporation—

    • (i)

      a strata managing agent, or

    • (ii)

      a building manager, or

    • (iii)

      another person to assist with the management, maintenance or repair of common property.

  • (d)

    borrow money or give securities.

(2)

An owners corporation may recover from the original owner—

  • (a)

    as a debt, any amount for which the owners corporation is liable because of a contravention of subsection (1) (b), together with the expenses of the owners corporation incurred in recovering that amount, and

  • (b)

    as damages for breach of statutory duty, any loss suffered by the owners corporation as a result of any other contravention of this section.

(3)

An owner may recover, as damages for breach of statutory duty, any loss that has been suffered by the owner as a result of a contravention of this section (other than subsection (1) (b)).

(4)

It is a defence to an action under this section in debt or for damages if it is proved that the original owner—

  • (a)

    did not know of the contravention on which the action is based, or

  • (b)

    was not in a position to influence the conduct of the owners corporation in relation to the contravention, or

  • (c)

    used due diligence to prevent the contravention.

(5)

A remedy available under this section does not affect any other remedy.

Note.

Section 140 places restrictions on the making, amendment and repeal of by-laws during the initial period.

s 26: Am 2023 No 45, Sch 3[5].

27Order to authorise certain acts during initial period(1)

The Tribunal may, on application, make an order—

  • (a)

    waiving, varying or extinguishing a restriction relating to the initial period of an owners corporation (whether or not imposed by this Act or the Strata Schemes Development Act 2015), and

  • (b)

    authorising any matter to be done in relation to the waiving, varying or extinguishing of that restriction.

(2)

The application may be made by the owners corporation, the original owner or an owner of a lot in the strata scheme or a proposed strata scheme.

(3)

Written notice of an application must be given to—

  • (a)

    the owners corporation and each owner of a lot in the strata scheme or proposed strata scheme to which the application relates, unless the owners corporation or the owner is the applicant, and

  • (b)

    each registered mortgagee of a lot in the strata scheme and any mortgagee specified on the strata roll for the lot and any covenant chargee having the benefit of a covenant charge affecting a lot, and

  • (c)

    any other persons that the Tribunal directs.

(4)

The Tribunal may order that notice of an application be dispensed with if the Tribunal considers it appropriate in the circumstances of the case. Any person to whom notice is given is entitled to appear and be heard on the hearing of the application.

(5)

Notice of an application is not required to be given to a mortgagee specified on the strata roll for a lot if the rights of the person as a mortgagee—

  • (a)

    are suspended for the time being because of a sub-mortgage, particulars of which are specified on the strata roll, or

  • (b)

    have been terminated because of an instrument, particulars of which are specified on the strata roll.

Division 5Effect of termination order on owners corporation28Termination of strata scheme(1)

An owners corporation for a strata scheme that is subject to an order under the Strata Schemes Development Act 2015 for the termination of the strata scheme continues in existence until it is wound up in accordance with the order.

(2)

While it so continues in existence, the owners corporation is constituted of persons who the order specifies are liable to contribute money required for the discharge of the liabilities of the owners corporation and persons who the order specifies are entitled to share in a distribution of assets of the owners corporation.

Part 3Strata committee of owners corporationDivision 1Constitution of strata committee29Owners corporation to appoint strata committee(1)

An owners corporation must appoint a strata committee of the owners corporation in accordance with this Act.

(2)

The owners corporation may appoint the strata committee before the first annual general meeting of the owners corporation.

(3)

(Repealed)

(4)

If there is no strata committee of an owners corporation, the strata scheme must be administered by the owners corporation, but nothing in this subsection prevents a strata managing agent appointed under this Act from exercising any functions conferred on the agent.

s 29: Am 2023 No 45, Sch 3[6].

30Members of strata committee(1)

The strata committee of an owners corporation is to consist of the number of persons determined by the owners corporation (not being more than 9).

(2)

The strata committee of a large strata scheme must consist of at least 3 members.

(3)

A strata committee for a strata scheme comprising 2 lots is to consist of the following persons—

  • (a)

    the owner of each lot who is a sole owner or the company nominee of a lot if the sole owner is a corporation,

  • (b)

    for each lot that is owned by co-owners, the co-owner nominated by the other co-owners or (if the co-owner nominated is a corporation) the company nominee of that co-owner, or if there is no such nomination, the co-owner first named on the strata roll.

(4)

The members of a strata committee—

  • (a)

    must be elected at each annual general meeting of the owners corporation, and

  • (b)

    may be elected at another general meeting called to elect members of the committee.

(5), (6)

(Repealed)

s 30: Am 2023 No 45, Sch 3[7] [8].

31Persons who are eligible to be appointed or elected to strata committee(1)

The following persons are eligible for appointment or election to the strata committee of an owners corporation—

  • (a)

    an individual who is a sole owner of a lot in the strata scheme,

  • (b)

    a company nominee of a corporation that is a sole owner of a lot in the strata scheme,

  • (c)

    an individual who is a co-owner of a lot or a company nominee of a corporation that is a co-owner of a lot in the strata scheme, if the person is nominated for election by an owner who is not a co-owner of the lot or by a co-owner of the lot who is not a candidate for election as a member,

  • (d)

    an individual who is not an owner of a lot in the strata scheme, if the person is nominated for election by an owner of a lot who is not a member, or is not seeking election as a member, of the strata committee.

(2)

To avoid doubt, an individual who is a sole owner of a lot may nominate himself or herself, and an owner that is a corporation may nominate the corporation’s company nominee, for election as a member of the strata committee.

(3)

A sole owner of a lot in a strata scheme may not nominate more than one person for election as a member of the strata committee, except as provided by subsection (5).

(4)

Only one co-owner (including a company nominee of a co-owner) of the same lot may be a member of a strata committee at the same time, except as provided by subsection (5).

(5)

A person who is an owner of more than one lot in the strata scheme may nominate one person for election as a member of the strata committee for each lot for which the person is an owner.

32Persons who are not eligible to be appointed or elected to strata committee(1)

The following persons are not eligible for appointment or election as a member of a strata committee, unless the person owns a lot in the strata scheme—

  • (a)

    the building manager for the strata scheme,

  • (b)

    a real estate agent carrying out functions in connection with the leasing of a lot in the strata scheme,

  • (c)

    a person who is connected with the original owner of the strata scheme or the building manager for the scheme, unless the person discloses that connection at the meeting at which the election is held and before the election is held or before the person is appointed as a member,

  • (d)

    any other person prescribed by the regulations for the purposes of this section.

(2)

An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee.

(3)

A person who becomes ineligible for appointment or election to a strata committee after being appointed or elected to the strata committee must disclose that fact to the secretary or chairperson of the owners corporation as soon as possible after becoming aware of that fact.

(4)

A disclosure by a person under this section, other than a disclosure that is made at a meeting of an owners corporation or strata committee, is to be made by written notice given to the secretary or chairperson.

(5)

If the office of a member is vacated under section 35(1)(e), the person is not eligible for appointment or election as a member for the period of 12 months commencing on the day the resolution is passed.

s 32: Am 2023 No 45, Sch 3[9]–[12].

33Tenant representatives(1)

This section applies to a strata scheme if there are tenants (being tenants notified in a tenancy notice given in accordance with this Act) for at least half of the number of lots in the scheme.

(2)

The tenants of lots in a strata scheme (being tenants notified in a tenancy notice given in accordance with this Act) may nominate one tenant representative for the strata committee.

(3)

The tenant representative on a strata committee, in that capacity—

  • (a)

    is not entitled to vote on decisions of the committee or to put a motion or nominate a person for office, and

  • (b)

    is not entitled to act as an officer of the owners corporation for committee purposes, and

  • (c)

    cannot be counted in determining whether there is a quorum of the committee.

(4)

The strata committee, at any meeting or for the purpose of all meetings, may determine that a tenant representative is not entitled to be present when the following matters are being discussed or determined—

  • (a)

    financial statements and auditor’s reports,

  • (b)

    levying of contributions,

  • (c)

    recovery of unpaid contributions,

  • (d)

    a strata renewal proposal under Part 10 of the Strata Schemes Development Act 2015 or any related matter,

  • (e)

    any other financial matter specified by the regulations.

(5)

The regulations may provide for the procedures for nomination of a tenant representative, including the term for which a tenant representative is appointed, the notification of an appointment and the end of an appointment.

34Acting members of strata committee(1)

A member of a strata committee may, with the consent of the strata committee, appoint an owner or company nominee of a corporation that is an owner who is eligible to be a member to act in his or her place as a member at any meeting of the strata committee.

(2)

The owner or company nominee appointed is, while so acting as a member, taken to be a member.

(3)

An owner or company nominee of a corporation may be appointed whether or not he or she is already a member of the strata committee.

(4)

If a person so appointed is a member of the strata committee, the person may, at any meeting of the strata committee, separately vote in the person’s capacity as such a member and on behalf of the member in whose place the person has been appointed to act.

35Vacation of office of elected member of strata committee(1)

An elected member of a strata committee vacates office as a member—

  • (a)

    if the person was eligible to be a member at the time of election and the person ceases to be so eligible (other than because the person is an unfinancial owner), or

  • (b)

    if the person was not an owner at the time of election or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee ceases to be an owner or gives written notice to the owners corporation that the person’s office is vacated, or

  • (c)

    on the receipt by the owners corporation from the person of notice in writing of the person’s resignation as a member, or

  • (d)

    at the end of the next meeting at which a new strata committee is elected by the owners corporation, or

  • (e)

    if the owners corporation, by resolution at a general meeting, determines that the person’s office as a member is vacated, or

  • (f)

    if the person dies.

(2)

A strata committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the strata committee, other than a vacancy arising under subsection (1) (d) or a vacancy in the office of an officer of the owners corporation. Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.

Note.

Section 45 (2) provides for the filling of vacancies in the office of members who are officers of the owners corporation.

(3)

A resolution that the office of a member is vacated may relate to more than one member of a strata committee or to all members of a strata committee.

s 35: Am 2023 No 45, Sch 3[13] [14].

Division 2Functions of strata committee36Functions of strata committee(1)

A strata committee has the functions conferred on it by or under this or any other Act.

(2)

A decision of a strata committee is taken to be the decision of the owners corporation. However, in the event of a disagreement between the owners corporation and the strata committee, the decision of the owners corporation prevails.

(3)

The following decisions cannot be made by the strata committee—

  • (a)

    a decision that is required by or under any Act to be made by the owners corporation by unanimous resolution or special resolution or in general meeting,

  • (b)

    a decision on any matter or type of matter that the owners corporation has determined in general meeting is to be decided only by the owners corporation in general meeting.

(4)

An owners corporation may in general meeting continue to exercise all or any of the functions conferred on it by this Act or the by-laws even though a strata committee holds office.

37Duty of members of strata committee(1)

Each member of a strata committee of an owners corporation has the following duties—

  • (a)

    to exercise the member’s functions—

    • (i)

      with honesty and fairness, and

    • (ii)

      with due care and diligence, and

    • (iii)

      for the benefit, as far as practicable, of the owners corporation,

  • (b)

    to comply with this Act and the regulations,

  • (c)

    to only use or disclose information obtained as a member, including information about an owner of a lot—

    • (i)

      as required to carry out strata committee functions, or

    • (ii)

      as authorised or required by law,

  • (d)

    to not behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot in the strata scheme or the common property.

s 37: Am 2025 No 14, Sch 1[8].

38Acts and proceedings of strata committee valid despite vacancies or defects(1)

This section applies if, when any act or proceeding of a strata committee was done, taken or commenced there was—

  • (a)

    a vacancy in the office of an officer of the owners corporation or any other member of the strata committee, or

  • (b)

    any defect in the appointment, or any disqualification, of any such officer or member.

(2)

Any act or proceeding of a strata committee done in good faith is as valid as if the vacancy, defect or disqualification did not exist and the strata committee were fully and properly constituted.

Division 3Meetings of strata committee39Convening meetings(1)

The secretary of the owners corporation may convene a meeting of the strata committee at any time.

(2)

The secretary of the owners corporation, or any other member of the strata committee, must convene a meeting of the committee if requested to do so by at least one-third of the members of the committee.

(3)

The meeting must be held—

  • (a)

    in the case of a large strata scheme, not later than 28 days after the request is made, or

  • (b)

    in the case of any other strata scheme, not later than 14 days after the request is made.

40Meeting procedures and voting

Other procedures for meetings of a strata committee and voting at those meetings are set out in Schedule 2.

Division 4Office holders41Strata committee to appoint officers(1)

The members of a strata committee must, at the first meeting of the strata committee after they assume office as members, appoint a chairperson, secretary and treasurer of the strata committee in accordance with this Act.

(2)

The chairperson, secretary and treasurer of the strata committee are also, respectively, the chairperson, secretary and treasurer of the owners corporation.

(3)

A person may be appointed to one or more of the offices of chairperson, secretary and treasurer.

(4)

Nomination for election as an officer of the owners corporation may be made before or at the meeting at which the election is held.

(5)

The regulations may provide for the procedures for nomination of officers of the strata committee.

42Functions of chairperson of owners corporation(1)

The functions of the chairperson of an owners corporation include the following—

  • (a)

    to preside at meetings,

  • (b)

    to make determinations, in accordance with this Act, as to quorums and procedural matters at meetings,

  • (c)

    to ensure the agenda is followed at meetings,

  • (d)

    to maintain order at meetings,

  • (e)

    to facilitate the fair, constructive and open discussion of matters at meetings,

  • (f)

    to encourage discussion by meeting attendees.

(2)

In this section—

meetings means meetings of the owners corporation and the strata committee of the owners corporation.

s 42: Am 2025 No 14, Sch 1[9]–[11].

43Functions of secretary of owners corporation

The functions of a secretary of an owners corporation include the following—

  • (a)

    to prepare and distribute minutes of meetings of the owners corporation and submit a motion for confirmation of the minutes of any meeting of the owners corporation at the next such meeting,

  • (b)

    to give on behalf of the owners corporation and the strata committee of the owners corporation notices required to be given under this Act,

  • (c)

    to maintain the strata roll,

  • (d)

    to enable the inspection of documents on behalf of the owners corporation in accordance with this Act,

  • (e)

    to answer communications addressed to the owners corporation,

  • (f)

    to convene meetings of the strata committee and (apart from its first annual general meeting) of the owners corporation,

  • (g)

    to attend to matters of an administrative or secretarial nature in connection with the exercise of functions by the owners corporation or the strata committee of the owners corporation,

  • (h)

    any other functions conferred on the secretary under any other Act or law.

44Functions of treasurer of owners corporation(1)

The functions of a treasurer of an owners corporation include the following—

  • (a)

    to notify owners of any contributions levied in accordance with this Act,

  • (b)

    to receive, acknowledge, bank and account for any money paid to the owners corporation,

  • (c)

    to prepare any strata information certificate,

  • (d)

    to keep the accounting records and prepare the financial statements.

(2)

The treasurer of an owners corporation may delegate the exercise of any of the treasurer’s functions (other than this power of delegation) to another member of the strata committee of the owners corporation if—

  • (a)

    the delegation is specifically approved by the strata committee, and

  • (b)

    the strata committee specifically approves of the function being delegated to that member, and

  • (c)

    the delegation is subject to any limitations as to time or otherwise that the strata committee requires.

(3)

While a delegate is acting in accordance with the terms of the delegation, the delegate is taken to be the treasurer of the owners corporation.

(4)

The strata committee of an owners corporation may, by a written notice given to the treasurer of the owners corporation, order the treasurer not to exercise any of the treasurer’s functions that are specified in the notice unless the treasurer does so jointly with another person so specified.

45Vacation of office by officer(1)

An officer of an owners corporation vacates office as an officer—

  • (a)

    if the person ceases to be a member of the strata committee, or

  • (b)

    on the receipt by the owners corporation from the person of written notice of the person’s resignation as an officer, or

  • (c)

    if another person is appointed by the strata committee to hold that office, or

  • (d)

    if the owners corporation, by resolution, declares that the person’s office is vacated, or

  • (e)

    if the person dies.

(2)

A strata committee is to appoint a person who is a member of the strata committee, or who is eligible to be a member of the strata committee, to fill a vacancy in the office of an officer of an owners corporation, other than a vacancy referred to in section 35 (1) (d). Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.

s 45: Am 2025 No 14, Sch 1[12].

46Payment of officers of owners corporation

An owners corporation may pay to a person who is an officer of the owners corporation or another member of the strata committee of the owners corporation an amount determined by the owners corporation at an annual general meeting in recognition of services performed by the person for the owners corporation in the period since the last annual general meeting.

47Original owner to exercise officers’ functions before appointment of officers

The functions of the chairperson, secretary and treasurer of an owners corporation are to be exercised by the original owner of the strata scheme, or an agent of the original owner authorised in writing, until the offices are filled or until the end of the first annual general meeting of the owners corporation, whichever first occurs.

48Tribunal may order meeting if no officers or strata committee(1)

The Tribunal may, on application by an owner, mortgagee or covenant chargee of a lot in a strata scheme, make an order appointing a person to convene and hold a meeting of the owners corporation if there is not a chairperson, secretary and treasurer of the owners corporation, or if no strata committee exists, after the first annual general meeting of the owners corporation has been held.

(2)

The Tribunal may make any other ancillary orders it thinks fit, including the following orders—

  • (a)

    orders relating to giving notice of the meeting,

  • (b)

    orders relating to the person who is to preside at the meeting.

(3)

The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.

(4)

The meeting is to be convened and held within the time (if any) specified in the order.

(5)

A person appointed by an order under this section to preside at a meeting is taken, while so presiding, to be the chairperson of the owners corporation.

Part 4Strata managing agents and building managersDivision 1Appointment of strata managing agents49Appointment of strata managing agents(1)

An owners corporation for a strata scheme may appoint a person who is the holder of a strata managing agent’s licence under the Property and Stock Agents Act 2002 to be the strata managing agent of the scheme.

(2)

The appointment is to be made by instrument in writing authorised by a resolution at a general meeting of the owners corporation.

(3)

The developer of a strata scheme, or a person connected with the developer, is not entitled to be appointed as the strata managing agent of the scheme until after the end of the period of 10 years commencing on the date of registration of the strata plan.

(3A)

The Secretary may approve—

  • (a)

    the form of agency agreements for the appointment of strata managing agents, and

  • (b)

    the terms, conditions and other provisions that agency agreements for the appointment of strata managing agents must or must not contain.

(3B)

The Secretary may approve 1 or more standard form of agency agreements for the appointment of strata managing agents.

(4)

A reference in this section to a strata managing agent’s licence under the Property and Stock Agents Act 2002 includes a reference to a corporation licence under that Act that authorises the holder to act as, or carry on the business of, a strata managing agent.

(5)

An owner who is seeking appointment as a strata managing agent is not entitled to vote or cast a proxy vote on the appointment at a meeting of the owners corporation.

s 49: Am 2018 No 5, Sch 2.16[2]; 2025 No 14, Sch 1[13].

50Term of appointment of strata managing agents(1)

The term of appointment (including any additional term under an option to renew) of a strata managing agent for a strata scheme expires (if the term of the appointment does not end earlier or is not ended earlier for any other reason)—

  • (a)

    if the strata managing agent is appointed by the owners corporation at the first annual general meeting, at the end of the period of 12 months following that appointment, or

  • (b)

    in any other case, at the end of the period of 3 years following the appointment.

(2)

A person may be reappointed by the owners corporation by resolution at a general meeting as the strata managing agent for a strata scheme at the end of the person’s term of appointment.

(3)

The appointment of a strata managing agent may be terminated in accordance with the instrument of appointment if authorised by a resolution at a general meeting of the owners corporation.

(4)

The term of appointment of a strata managing agent may be extended by the strata committee for successive periods of up to 3 months after it would otherwise expire (but not for any period that would extend beyond the date of the next annual general meeting of the owners corporation) pending a decision as to the reappointment of the strata managing agent.

(5)

However, if a strata committee has extended a term of appointment of a strata managing agent under this section, the strata committee must give the strata managing agent at least 1 month’s notice of a decision not to reappoint the strata managing agent or not to further extend the appointment.

(6)

A strata managing agent must give the owners corporation written notice of the end of a term of appointment—

  • (a)

    at least 3 months, but not more than 6 months, before the end of the term of appointment, and

  • (b)

    at least 1 month before the end of each extension of a term permitted by this section.

(7)

An instrument of appointment of a strata managing agent for a period of 3 years (as referred to in subsection (1) (b)) is taken to include an option for the agent to extend the term of the appointment for a maximum period of 3 months after the end of the term of 3 years, if the owners corporation decides not to reappoint the agent and does not extend the term of appointment under subsection (4). The agent must give the owners corporation written notice of the exercise of the option.

(8)

A strata managing agent is not entitled to exercise an option under subsection (7) if the owners corporation gives the agent written notice that the agent will not be reappointed at least 3 months before the end of the term.

(9)

In this section, a reference to the appointment of a strata managing agent includes a reference to the reappointment of a strata managing agent.

s 50: Am 2023 No 45, Sch 3[15].

51Transfer of functions of strata managing agent(1)

A strata managing agent may transfer his or her functions as a strata managing agent, but only if the transfer is authorised by a resolution at a general meeting of the owners corporation for the strata scheme.

(2)

A person to whom the functions are transferred is taken to be appointed under this Division as a strata managing agent for the strata scheme.

(3)

The term of appointment as a strata managing agent of the person to whom the functions are transferred ends on the same day as the term of the person by whom the functions were transferred would have ended if the transfer had not taken place.

Division 2Functions of strata managing agent52Owners corporation may delegate functions to strata managing agent(1)

An owners corporation may, by the instrument appointing a strata managing agent or some other instrument, delegate to the strata managing agent—

  • (a)

    all of its functions, or

  • (b)

    any one or more of its functions specified in the instrument, or

  • (c)

    all of its functions except those specified in the instrument.

(2)

An owners corporation must not delegate to a strata managing agent its power to make—

  • (a)

    a delegation under this section, or

  • (b)

    a decision on a matter that is required to be decided by the owners corporation, or

  • (c)

    a determination relating to the levying or payment of contributions.

(3)

A delegation may be made subject to the conditions or limitations as to the exercise of all or any of the functions, or as to time or circumstances, that may be specified in the instrument of delegation.

(4)

An owners corporation may delegate the functions only if authorised to do so by a resolution at a general meeting.

(5)

An owners corporation may, if authorised to do so by a resolution at a general meeting, revoke or vary a delegation under this section.

53Exercise of delegated functions by strata managing agent(1)

A function delegated under this Division may, while the delegation remains unrevoked, be exercised from time to time in accordance with the delegation.

(2)

Despite any delegation made under this Division, the owners corporation may continue to exercise all or any of the functions delegated.

(3)

Any act or thing done or suffered by a strata managing agent while acting in the exercise of a delegation under this Division—

  • (a)

    has the same effect as if it had been done or suffered by the owners corporation, and

  • (b)

    is taken to have been done or suffered by the owners corporation.

(4)

This section is subject to section 56.

54Functions of officers and strata committee may be given to strata managing agent(1)

The instrument of appointment of a strata managing agent may provide that the strata managing agent has and may exercise all the functions of the chairperson, secretary, treasurer or strata committee of an owners corporation or the functions of those officers or the strata committee specified in the instrument.

(2)

However, the chairperson, secretary, treasurer and strata committee of an owners corporation may continue to exercise all or any of the functions that the strata managing agent is authorised to exercise.

(3)

Any act or thing done or suffered by a strata managing agent in the exercise of any function of the chairperson, secretary, treasurer or strata committee conferred on the strata managing agent in accordance with this section—

  • (a)

    has the same effect as if it had been done or suffered by the chairperson, secretary, treasurer or strata committee, and

  • (b)

    is taken to have been done or suffered by the chairperson, secretary, treasurer or strata committee.

(4)

This section is subject to section 56.

55Strata managing agent to record exercise of functions(1)

A strata managing agent who exercises a function of the owners corporation or of an officer of the owners corporation must, immediately after its exercise, make a record specifying the function and the manner in which it was exercised.

(2)

The strata managing agent must, every 6 months, give the owners corporation a copy of the records kept for the preceding 6 months.

s 55: Am 2025 No 14, Sch 1[14].

56Exercise of functions of strata managing agent appointed by Tribunal

If a strata managing agent is appointed by the Tribunal, or by an owners corporation on an order of the Tribunal, to exercise a function—

  • (a)

    the function cannot, while the strata managing agent holds office, be exercised by any other person, and

  • (b)

    anything done or suffered by the strata managing agent in the exercise of the function has the same effect as it would have if it had been done or suffered by the person who, but for paragraph (a), could have exercised it.

57Breaches by strata managing agent(1)

If a strata managing agent has been delegated a function by an owners corporation and a breach of the duty by the owners corporation would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the owners corporation) for any breach of the duty by the agent occurring while the delegation remains in force.

(1A)

It is a defence to a prosecution under subsection (1) if the agent establishes that—

  • (a)

    the breach of the duty was caused by the owners corporation, and

  • (b)

    the agent took all reasonable steps to prevent the breach of the duty.

(2)

A strata managing agent must not, in connection with the provision of services as a strata managing agent or the exercise of functions as a strata managing agent, request or accept a gift or other benefit from another person for himself or herself or for another person.

Maximum penalty—

  • (a)

    for a corporation—500 penalty units, or

  • (b)

    otherwise—100 penalty units.

(3)

Subsection (2) does not apply to—

  • (a)

    remuneration paid to a strata managing agent or an employee or contractor of a strata managing agent by an owners corporation, or

  • (b)

    a monetary commission provided to a strata managing agent, if the provision of such a commission is in accordance with the terms of appointment of the strata managing agent by the owners corporation or has been otherwise approved by the owners corporation, or

  • (c)

    a training service provided to, or paid for, a strata managing agent, if it was related to strata management functions and the provision or payment is in accordance with the terms of appointment of the strata managing agent by the owners corporation or has been otherwise approved by the owners corporation, or

  • (d)

    a gift or other benefit that has a value that is less than the amount prescribed by the regulations for the purposes of this subsection.

(3A)

An owners corporation may only give approval under subsection (3)(b) or (c) by a resolution at a general meeting.

(3B)

The motion for the resolution must be accompanied by a document prepared by the strata managing agent containing—

  • (a)

    details about the commission or training service, including—

    • (i)

      for a commission—the amount of the commission and the method of its calculation, or

    • (ii)

      for a training service—the monetary value of the training service or, if that is not known, an estimate of the monetary value of the training service, and

  • (b)

    details about the nature of the relationship between the person providing the commission or training service and the strata managing agent, and

  • (c)

    details about why the approval is in the owners corporation’s best interest, and

  • (d)

    a statement that the strata managing agent believes that accepting the gift or other benefit does not contravene the Property and Stock Agents Regulation 2022, Schedule 1, section 11 and the reasons for the belief.

(4)

In this section—

gift has the same meaning as it has in the Electoral Funding Act 2018.

training service means a training course or service (including attendance at industry events such as conferences).

s 57: Am 2018 No 20, Sch 3.7; 2024 No 65, Sch 1[2] [3]; 2025 No 14, Sch 1[15].

Division 3Accountability of strata managing agent58Strata managing agent may be required to provide information about trust account and other accounts(1)

An owners corporation may require a strata managing agent to provide the following information relating to the trust account that the agent is required to operate under the Property and Stock Agents Act 2002

  • (a)

    the name and number of the account,

  • (b)

    the name of the authorised deposit-taking institution in which the account is current,

  • (c)

    the balance in the account standing to the credit of the owners corporation on a specified date,

  • (d)

    particulars of all cheques drawn on the account on behalf of the owners corporation as at that date and not presented and duly paid.

(2)

An owners corporation may require a strata managing agent to provide the following information relating to any other accounts on which the agent operates in the exercise of functions of the owners corporation—

  • (a)

    the names and numbers of the accounts,

  • (b)

    the names of the authorised deposit-taking institutions in which the accounts are current,

  • (c)

    the balance in each of the accounts standing to the credit of the owners corporation on a specified date,

  • (d)

    particulars of all cheques drawn on each of the accounts as at that date and not presented and duly paid.

s 58: Am 2018 No 5, Sch 2.16[2].

59Provision of information about money received and other transactions(1)

An owners corporation may require a strata managing agent to provide—

  • (a)

    full particulars relating to the payment of money to, or the receipt of money by, the agent on behalf of the owners corporation, and

  • (b)

    if the money is not still held by the agent, the manner and time of disposal of the money.

(2)

An owners corporation may require a strata managing agent to provide full particulars of any specified transaction that has been entered into by the agent on behalf of the owners corporation.

60Disclosure by strata managing agents(1)

A strata managing agent for a strata scheme must report the following at the annual general meeting of the owners corporation for the scheme—

  • (a)

    whether any commissions or training services have been provided to or paid for the agent (other than by the owners corporation) in connection with the exercise by the agent of functions for the scheme during the preceding 12 months and particulars of any such commissions or training services,

  • (b)

    any such commissions or training services and the estimated amount or value of any such commissions or training services that the agent believes are likely to be provided to or paid for the agent in the following 12 months,

  • (c)

    whether, during the preceding 12 months—

    • (i)

      a supplier of goods or services for the strata scheme has become connected with the agent, or

    • (ii)

      an original owner of the strata scheme has become connected with the agent,

  • (d)

    the following information—

    • (i)

      the suppliers of goods or services for the strata scheme who are connected with the agent,

    • (ii)

      the original owners of the strata scheme who are connected with the agent,

    • (iii)

      for subparagraphs (i) and (ii)—details about the nature of the relationship between the agent and the supplier or original owner,

    • (iv)

      for subparagraph (i)—details about the goods and services provided by the supplier.

Maximum penalty—

  • (a)

    for a corporation—500 penalty units, or

  • (b)

    otherwise—100 penalty units.

Note.

It will be an offence for an agent to receive commissions or training services that are not of a kind permitted by the agent’s terms of appointment or approved by the owners corporation (see section 57).

(2)

A strata managing agent must, as soon as practicable after becoming aware that commissions or training services provided to or paid for the agent (other than by the owners corporation) differ from the commissions or training services or any estimate of them disclosed at the annual general meeting, disclose to the strata committee the variation and give an explanation for the variation.

Maximum penalty—

  • (a)

    for a corporation—500 penalty units, or

  • (b)

    otherwise—100 penalty units.

(2A)

A strata managing agent must give written notice to the owners corporation before entering into a contract for the purchase of goods or services if either or both of the following apply—

  • (a)

    under the contract, a commission or training service of the kind referred to in section 57(3)(b) or (c) may be provided to or paid for the agent,

  • (b)

    the contract is with a person connected with the agent.

Maximum penalty—

  • (a)

    for a corporation—500 penalty units, or

  • (b)

    otherwise—100 penalty units.

(2B)

The notice must include the following—

  • (a)

    details, including the specific provision of the terms of appointment of the agent, if relevant, that demonstrate the payment of the commission or provision of the training service is permitted under section 57(3),

  • (b)

    details about the commission or training service, including the following—

    • (i)

      for a commission—the amount of the commission and the method of its calculation,

    • (ii)

      for a training service—the monetary value of the training service or, if that is not known, an estimate of the monetary value of the training service,

  • (c)

    details about the nature of the relationship between the person providing the commission or training service and the strata managing agent,

  • (d)

    details about why the contract is in the owners corporation’s best interest,

  • (e)

    a statement that the strata managing agent believes that entering into the contract does not contravene the Property and Stock Agents Regulation 2022, Schedule 1, section 11 and the reasons for the belief.

(2C)

A strata managing agent must give written notice to the owners corporation as soon as practicable after becoming aware of the following—

  • (a)

    a supplier of goods or services for the strata scheme becomes connected with the agent,

  • (b)

    the original owner of the strata scheme becomes connected with the agent,

  • (c)

    the agent acquires a direct or indirect pecuniary interest in the strata scheme.

Maximum penalty—

  • (a)

    for a corporation—500 penalty units, or

  • (b)

    otherwise—100 penalty units.

(2D)

The notice must include—

  • (a)

    for subsection (2C)(a) and (b)—details about the nature of the relationship between the agent and the supplier or original owner, and

  • (b)

    for subsection (2C)(a)—details about the goods and services provided by the supplier.

(3)

The Tribunal may, on application by an owners corporation or the Secretary, order a strata managing agent to pay to the owners corporation—

  • (a)

    the whole or part of the amount or value of any commissions or training services provided to or paid for the agent and not disclosed in accordance with this section, or

  • (b)

    the whole or part of the amount or value of any commissions or training services provided to or paid for the agent that are not of a kind or an amount disclosed by the agent under this section, if the Tribunal is satisfied that the disclosure of those things at the previous annual general meeting was not made in good faith.

(4)

In this section—

training service means a training course or service (including attendance at industry events such as conferences).

s 60: Am 2024 No 65, Sch 1[2] [4]–[7].

61Procedure for requiring information from strata managing agent(1)

An owners corporation is to require information from a strata managing agent under this Division by written notice given to the strata managing agent.

(2)

The notice must specify a member of the strata committee to whom the information is to be delivered.

62Offences for strata managing agent failing to give information(1)

A strata managing agent must comply with a notice to provide information under this Division by giving a written statement, containing the information required, within 14 days after the notice is given.

Maximum penalty—20 penalty units.

(2)

A person is not guilty of failing to comply with the notice if reasonable cause for the failure is shown.

(3)

A strata managing agent must not knowingly provide information that is false or misleading in a material particular in a statement given in response to a notice to provide information under this Division.

Maximum penalty—20 penalty units.

s 62: Am 2025 No 14, Sch 1[16].

63Responsibility for providing information if a strata managing agent ceases to hold a licence or dies

If a strata managing agent ceases to hold a licence under the Property and Stock Agents Act 2002 to carry on business as a strata managing agent or dies—

  • (a)

    this Division (except section 59) applies to any person who is required by that Act to maintain a trust account in connection with the business of the former licensee, and

  • (b)

    this Division (except section 58 (1)) and section 188 apply to any person who is required by that Act to preserve records kept by the former licensee,

and so apply as if the person concerned were the strata managing agent.

s 63: Am 2018 No 5, Sch 2.16[2].

64Exemption for information relating to certain transactions

A strata managing agent or other person is not required to provide information under this Division in relation to a transaction that took place more than 5 years before notice requiring the information was given.

65Provision of other Act requiring agents to provide information not to apply to affairs of owners corporation

Section 101 of the Property and Stock Agents Act 2002 does not apply to or in respect of a transaction if information about the transaction may be required to be provided to an owners corporation under this Division.

Note.

Section 101 of the Property and Stock Agents Act 2002 enables a person directly concerned in a transaction with a licensee under that Act to require an itemised account of the transaction from the licensee.

s 65: Am 2018 No 5, Sch 2.16[2].

Division 4Appointment and functions of building managers

pt 4, div 4, hdg: Am 2025 No 14, Sch 1[17].

66Building managers(1)

A building manager is a person who assists in exercising any one or more of the following functions of the owners corporation—

  • (a)

    managing common property,

  • (b)

    controlling the use of common property by persons other than the owners and occupiers of lots,

  • (c)

    maintaining and repairing common property.

(2)

However, a person is not a building manager if—

  • (a)

    the person exercises the functions of a building manager only—

    • (i)

      on a voluntary or casual basis, or

    • (ii)

      as a member of the strata committee, or

  • (b)

    the person, or a class of persons to which the person belongs, is prescribed as not being a building manager.

(3)

A person may be both a building manager and an on-site residential property manager.

(4)

A building manager may be a person who is entitled to exclusive possession (whether or not jointly with any other person) of a lot or common property in a strata scheme.

(5)

For the purposes of this Act, a person is taken to be a building manager for a strata scheme if the person meets the description of a building manager set out in this section, regardless of whether the title given to the person’s position is building manager, caretaker, resident manager or any other title.

(2)

A motion proposed to be put to a meeting is taken to have been validly passed even if the meeting was not held if—

  • (a)

    notice was given of the meeting in accordance with this Schedule, and

  • (b)

    a copy of the motion was given to each member of the strata committee, and

  • (c)

    the motion was approved in writing by a majority of the members of the committee (other than the tenant member).

(3)

A decision of a strata committee has no force or effect if, before the decision is made, notice is given to the secretary of the owners corporation by one or more owners, the sum of whose unit entitlements exceeds one-third of the aggregate unit entitlement, that the making of the decision is opposed by those owners.

(4)

A member of the strata committee is not entitled to vote on any motion put or proposed to be put to the strata committee if the member was, or was nominated as a member by a member who was, an unfinancial owner of a lot in the strata scheme at the date notice of the meeting was given and the amounts owed by the unfinancial owner were not paid before the meeting.

(5)

A tenant member of a strata committee is not entitled to vote on any motion put or proposed to be put to a strata committee.

10Way of voting(1)

A vote at a meeting by a person entitled to vote may be cast—

  • (a)

    in person, or

  • (b)

    if another means has been specified in the notice—by the other means.

Note—

A person may be present at a meeting even if not actually at the meeting. See section 4(1), definition of person present.

(2)

If a means of voting has been specified in the notice under subclause (1)(b), the secretary of the owners corporation or, if a strata managing agent is exercising the functions of the secretary, the strata managing agent must take reasonable steps to ensure that each person entitled to vote at the meeting can participate in, and vote at, the meeting by that means.

(3)

The regulations may make provision about the following—

  • (a)

    the means of voting that may be specified under subclause (1)(b),

  • (b)

    the circumstances in which a particular means of voting may be specified under subclause (1)(b),

  • (c)

    without limiting paragraph (a), procedures for voting by a specified means,

  • (d)

    restricting, prohibiting or requiring the use of specified means of voting,

  • (e)

    what may or may not constitute reasonable steps taken by the secretary of the owners corporation or strata managing agent for the purposes of subclause (2).

11Chairperson’s declaration of vote

The declaration of the chairperson of the result of the voting on any motion at a meeting is conclusive without proof of the votes recorded for and against the motion.

12Quorum(1)

A motion submitted at a meeting of a strata committee must not be considered unless there is a quorum present to consider and vote on the motion.

(2)

A quorum is present at a meeting only in the following circumstances—

  • (a)

    in the case of a strata committee which has only one member, if the member is present,

  • (b)

    in any other case, if not less than one-half of the persons entitled to vote on the motion are present.

(3)

A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum.

(4)

The quorum for meetings of a strata committee is to be calculated on the basis of the number of members last determined by the owners corporation for the committee.

13Non-member owner may attend

An owner or, if the owner of a lot is a corporation, any company nominee of that corporation is entitled to attend a meeting but is not entitled to address the meeting unless authorised to do so by resolution of the strata committee.

14Only person who may vote can move motion

A person is not entitled to move a motion unless the person is entitled to vote on the motion.

15Chairperson may rule certain motions out of order

The chairperson at a meeting may rule a motion out of order if the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws of the strata scheme or would otherwise be unlawful or unenforceable.

16Adjournments(1)

A meeting may be adjourned for any reason if a motion is passed at the meeting for the adjournment.

(2)

The time and place at which a meeting adjourned under this Part is to be resumed must be fixed by the person who was presiding at the meeting.

(3)

The secretary of the owners corporation must give to the members of the owners corporation, at least 1 day before the resumed meeting, a notice specifying the time and place of the meeting.

(4)

Notice is to be given by displaying the notice on the notice board maintained by the owners corporation or, if there is no notice board, in writing (including by email or other electronic means).

17Minutes and other records(1)

A strata committee must cause to be kept a record of its decisions, any notices given under this Schedule and full and accurate minutes of its meetings.

(2)

The minutes must include minutes of all resolutions passed in accordance with this Schedule.

(3)

Within 7 days after a meeting of a strata committee or the passing of a resolution by the strata committee, the strata committee must provide copies of the minutes of the meeting or of the resolution in the following manner—

  • (a)

    by giving each member of the strata committee a copy,

  • (b)

    by giving each owner a copy, if the strata scheme is not a large strata scheme,

  • (c)

    by giving an owner a copy, if the strata scheme is a large strata scheme and the owner requests a copy within the period of 7 days.

18Disclosure of pecuniary interests(1)

If—

  • (a)

    a member of a strata committee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting, and

  • (b)

    the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the strata committee.

Maximum penalty—10 penalty units.

(2)

A disclosure by a member at a meeting of the strata committee that the member—

  • (a)

    is a member, or is in the employment, of a specified corporation or other body, or

  • (b)

    is a partner, or is in the employment, of a specified person, or

  • (c)

    has some other specified interest relating to a specified corporation or other body or to a specified person,

is a sufficient disclosure of the nature of the interest in any matter relating to that corporation or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).

(3)

Particulars of any disclosure made under this clause must be recorded by the strata committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the strata committee.

(4)

After a member has disclosed the nature of an interest in any matter, the member must not—

  • (a)

    be present during any deliberation of the strata committee with respect to the matter, or

  • (b)

    take part in any decision of the strata committee with respect to the matter.

(5)

(Repealed)

(6)

A contravention of this clause does not invalidate any decision of the strata committee.

(7)

Without limiting subclause (1), a person has an indirect pecuniary interest in a matter if a person connected with the person has a direct interest in the matter.

sch 2: Am 2022 No 5, Sch 1.17[10]; 2023 No 45, Sch 3[49] [50].

Schedule 3Savings, transitional and other provisionsPart 1General1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—

  • (a)

    to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

  • (b)

    to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

(4)

The regulations under this Part have effect despite anything to the contrary in this Schedule.

(5)

The regulations under this Part may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.

Part 2Provisions consequent on enactment of this Act2Definitions

In this Part—

existing strata scheme means a strata scheme in existence immediately before the commencement of this clause.

former Act means the Strata Schemes Management Act 1996.

3General savings(1)

Any act, matter or thing done or omitted to be done under a provision of the former Act and having any force or effect immediately before the commencement of a provision of this Act that replaces that provision is, on that commencement, taken to have been done or omitted to be done under the provision of this Act.

(2)

This clause does not apply—

  • (a)

    to the extent that its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or

  • (b)

    to the extent that its application would be inappropriate in a particular case.

4By-laws(1)

An owners corporation of an existing strata scheme is to review the by-laws for the scheme not later than 12 months after the commencement of section 134.

(2)

A by-law continued in force by this Act is taken to be a valid by-law if—

  • (a)

    the by-law was a valid by-law immediately before this clause commenced, and

  • (b)

    the by-law does not contravene this Act.

5Existing owners corporations

An owners corporation constituted, or taken to have been constituted, under section 11 of the former Act is taken to have been constituted under section 8 of this Act.

6Existing executive committees(1)

A person who, immediately before the commencement of this clause, was a member of the executive committee of an owners corporation is, on that commencement, taken to have been appointed to be a member of the strata committee of the owners corporation for the balance of the person’s term as a member of the executive committee.

(2)

A person who, immediately before the commencement of this clause, was an officer of an executive committee is, on that commencement, taken to have been appointed as an officer of the same kind of the owners corporation for the balance of the person’s term as an officer.

7Existing proceedings

Any proceedings commenced but not determined or finalised under a provision of the former Act are to be dealt with and determined as if the former Act had not been repealed.

8Adjudicators(1)

A person who held office as an Adjudicator under the former Act immediately before the commencement of this clause ceases to hold the office on a day appointed by the Secretary, being a day not earlier than the determination or finalisation of all proceedings referred to in clause 7.

(2)

(Repealed)

(3)

An Adjudicator who ceases to be an Adjudicator under this clause is not entitled to any compensation for loss of office.

9Existing orders under former Act

An order made by an Adjudicator or a Tribunal under the former Act, and in force immediately before the commencement of this clause, is taken to have been made by the Tribunal under the corresponding provision of this Act.

10Contributions

Any contributions levied under the former Act are taken to have been levied under this Act and this Act applies to the recovery and payment of any unpaid contributions.

11Approved insurers

An insurer that was an approved insurer under the former Act immediately before the commencement of section 160 of this Act is taken to be an approved insurer under this Act.

12Previous decisions by owners corporations and executive committees(1)

A decision, consent or approval of an owners corporation under the former Act, or that is taken to have been made under the former Act, is taken to have been made by the owners corporation under this Act.

(2)

A decision, consent or approval of the executive committee of an owners corporation under the former Act, or that is taken to have been made under the former Act, is taken to have been made by the strata committee of the owners corporation under this Act.

13Window safety devices(1)

Despite any other provision of this Act, an owners corporation is not required to comply with section 118 until 13 March 2018.

(2)

Accordingly, an order cannot be sought under section 129 in respect of a failure to exercise a function under section 118 until on or after 13 March 2018.

14Terms of appointment of strata managing agents(1)

The term of appointment of a strata managing agent appointed or reappointed before the commencement of section 50 (1) of this Act, that is in force on that commencement, ends on the following day—

  • (a)

    if the agent was appointed or reappointed for a term (including any roll over or extension period) of 3 years or more, on the day that is 3 years after the term commenced or that is 6 months after the commencement of section 50 (1) of this Act, whichever is the later,

  • (b)

    if the agent was appointed or reappointed for a term (including any roll over or extension period) of less than 3 years, on the day that the term ends or that is 6 months after the commencement of section 50 (1) of this Act, whichever is the later.

(2)

Section 50 (1) applies to the term of any reappointment of the strata managing agent after that commencement.

(3)

Section 49 (3) does not apply to a strata managing agent appointed before the commencement of that subsection.

15Caretakers and building managers(1)

An agreement in force immediately before the commencement of this clause is taken to be a building manager agreement for the purposes of this Act, despite any of the provisions of the agreement, if—

  • (a)

    the agreement provides for the appointment of a person to carry out any of the functions specified in section 66 (1) in relation to the owners corporation for a strata scheme, and

  • (b)

    the primary purpose of the agreement is to provide for that appointment and related matters, and

  • (c)

    the person is not entitled to exclusive possession of a lot or common property in the strata scheme.

(2)

Any such building manager agreement expires 10 years after the commencement of this clause unless the terms of the agreement provide that it expires on an earlier day or the agreement is terminated on an earlier day.

(3)

A reference in any instrument to a caretaker in relation to a strata scheme is taken to be a reference to a building manager in relation to that scheme.

16Building defects

Part 11 of this Act does not apply to building work if the contract for carrying out the building work was entered into before the commencement of this clause or, if there is no contract for the carrying out of the building work, the building work commenced before the commencement of this clause.

17Saving of a variation of a time period prescribed by regulation for COVID-19

A regulation made under section 271A(1)(d) continues to have effect until the end of the time period specified by the regulation, despite the repeal of section 271A or the expiry of the regulation.

Part 3Provisions consequent on enactment of Strata Schemes Management Amendment (Sustainability Infrastructure) Act 202118

(Repealed)

19Notice of application to Tribunal

The amendments made to section 228 by the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 do not apply in relation to an application made before those amendments and that section, as in force immediately before those amendments, continues to apply to those applications.

20Civil penalties for contravention of orders

Section 247A extends to an order made before the commencement of that section but only if the contravention of the order occurs after that commencement.

Part 4Provisions consequent on enactment of Strata Schemes Legislation Amendment Act 202521Definition

In this part—

amending Act means the Strata Schemes Legislation Amendment Act 2025.

22Payment for legal services

Section 103(3)(c), as substituted by the amending Act, is taken to have been in force from the beginning of 30 November 2016.

sch 3: Am 2016 (501), cll 67, 68; 2020 No 5, Sch 1.31[2]; 2021 No 1, Sch 1[17]; 2022 No 59, Sch 2.44; 2023 No 45, Sch 3[51]; 2025 No 14, Sch 1[62].

Schedule 4

(Repealed)

sch 4: Rep 1987 No 15, sec 30C.

Historical notes

See also the Strata Schemes Development Act 2015.

Table of amending instruments

Strata Schemes Management Act 2015 No 50. Assented to 5.11.2015. Date of commencement, Part 11, cl 15 of Sch 1 and cl 16 of Sch 3 excepted, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016; date of commencement of Part 11, cl 15 of Sch 1 and cl 16 of Sch 3, 1.1.2018, sec 2 and 2016 (492) LW 12.8.2016. The proclamation published on the legislation website on 12.8.2016 was amended by the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 No 25. Assented to 27.6.2017. Date of commencement, assent, sec 2. This Act has been amended as follows—

2016

(501)

Strata Schemes Management Regulation 2016. LW 12.8.2016.

Date of commencement of cll 67 and 68, 30.11.2016, cl 2 (1).

No 54

Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016.

Date of commencement, assent, sec 2.

No 55

Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016.

Date of commencement of Sch 1.30, 6.1.2017, sec 2 (1).

2017

No 22

Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017.

Date of commencement of Sch 3, 7.7.2017, sec 2 (3).

No 28

Home Building Amendment (Compensation Reform) Act 2017. Assented to 27.6.2017.

Date of commencement of Sch 2.7, 1.1.2018, sec 2 and 2017 (701) LW 15.12.2017.

No 63

Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017.

Date of commencement of Sch 4.49, 14.1.2018, sec 2 (3).

2018

No 5

Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018.

Date of commencement of Sch 2.16, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019.

No 20

Electoral Funding Act 2018. Assented to 30.5.2018.

Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018.

No 41

Fair Trading Amendment (Short-term Rental Accommodation) Act 2018. Assented to 21.8.2018.

Date of commencement, 10.4.2020, sec 2 and 2020 (86) LW 13.3.2020.

No 49

Strata Schemes Management Amendment (Building Defects Scheme) Act 2018. Assented to 27.9.2018.

Date of commencement, 1.7.2020, sec 2 and 2020 (299) LW 26.6.2020.

No 65

Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018.

Date of commencement of Sch 4.5, 1.10.2019, sec 2 (2) and 2019 (270) LW 28.6.2019; date of commencement of Sch 7.15, assent, sec 2 (1); date of commencement of Sch 8.10, 1.2.2020, sec 2(2) and 2019 (634) LW 20.12.2019.

No 79

Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018.

Date of commencement of Sch 3, 1.7.2020, sec 2.

2020

No 5

COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020.

Date of commencement of Sch 1.31, assent, sec 2(1).

2021

No 1

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021. Assented to 24.2.2021.

Date of commencement of Sch 1[1]–[5][7]–[9] and [15]–[17], assent, sec 2(1); date of commencement of Sch 1[6], 25.8.2021, sec 2(2)(b); date of commencement of Sch 1[10]–[14], 1.7.2021, sec 2(3) and 2021 (271) LW 11.6.2021.

No 5

COVID-19 Recovery Act 2021. Assented to 25.3.2021.

Date of commencement of Sch 1.28, assent, sec 2(1).

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

No 7

Community Land Management Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021.

No 10

Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021.

Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021.

No 32

Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021.

Date of commencement of Sch 1.19, assent, sec 2(1).

2022

No 5

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022.

Date of commencement of Sch 1.17[1] and [2], assent, sec 2(1); date of commencement of Sch 1.17[3]–[10], 30.9.2022, sec 2(3) and 2022 (555) LW 23.9.2022.

No 59

Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022.

Date of commencement, 13.1.2023, sec 2.

No 61

Building and Other Fair Trading Legislation Amendment Act 2022. Assented to 14.11.2022.

Date of commencement, assent, sec 2.

2023

No 44

Building Legislation Amendment Act 2023. Assented to 11.12.2023.

Date of commencement of Sch 3.1, assent, sec 2(b).

No 45

Strata Legislation Amendment Act 2023. Assented to 11.12.2023.

Date of commencement of Sch 3[1]–[27] and [29]–[51], assent, sec 2(b); date of commencement of Sch 3[28], 1.11.2024, sec 2(a) and 2024 (542) LW 1.11.2024.

2024

No 53

Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024.

Date of commencement of Sch 1.14[1], assent, sec 2(b); date of commencement of Sch 1.14[2]: not in force.

No 65

Strata Managing Agents Legislation Amendment Act 2024. Assented to 30.9.2024.

Date of commencement of Sch 1[1] [3]–[6] [8] and [11], 3.2.2025, sec 2 and 2024 (559) LW 8.11.2024; date of commencement of Sch 1[2] [7] [9] [10] and [12], 8.11.2024, sec 2 and 2024 (559) LW 8.11.2024.

2025

No 14

Strata Schemes Legislation Amendment Act 2025. Assented to 2.3.2025.

Date of commencement of Sch 1[1], to the extent it inserts the definitions of accessibility infrastructure, accessibility infrastructure resolution and disability, [2]–[6] [8], to the extent it substitutes sec 37(1), [9]–[11] [13]–[16] [19] [22] [23] [34] [36]–[40] [42]–[52] and [58], 1.7.2025, sec 2(b) and 2025 (238) LW 30.5.2025; date of commencement of Sch 1[1], to the extent it inserts the definitions of independent surveyor, multi-storey scheme and storey, [7] [8], except to the extent it substitutes sec 37(1), [24] [31] [41] [53] and [54]: not in force; date of commencement of Sch 1[12] [35] and [59]–[62], assent, sec 2(a); date of commencement of Sch 1[17] [18] [20] [21] [25]–[30] [32] [33] and [55]–[57], 27.10.2025, sec 2(b) and 2025 (497) LW 19.9.2025.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sec 4

Am 2016 No 55, Sch 1.30; 2018 No 5, Sch 2.16[1]; 2018 No 49, Sch 1[1]; 2021 No 1, Sch 1[1]; 2021 No 6, Sch 5.19; 2022 No 59, Sch 3.65[1] [2]; 2023 No 45, Sch 3[1] [2]; 2024 No 65, Sch 1[1]; 2025 No 14, Sch 1[1].

Sec 5

Am 2021 No 1, Sch 1[2]; 2023 No 45, Sch 3[3]; 2025 No 14, Sch 1[2].

Sec 14

Am 2025 No 14, Sch 1[3].

Sec 15

Am 2025 No 14, Sch 1[4] [5].

Sec 16

Am 2021 No 10, Sch 3.23[1] [2]; 2023 No 45, Sch 3[4]; 2025 No 14, Sch 1[6].

Sec 26

Am 2023 No 45, Sch 3[5].

Sec 29

Am 2023 No 45, Sch 3[6].

Sec 30

Am 2023 No 45, Sch 3[7] [8].

Sec 32

Am 2023 No 45, Sch 3[9]–[12].

Sec 35

Am 2023 No 45, Sch 3[13] [14].

Sec 37

Am 2025 No 14, Sch 1[8].

Sec 42

Am 2025 No 14, Sch 1[9]–[11].

Sec 45

Am 2025 No 14, Sch 1[12].

Sec 49

Am 2018 No 5, Sch 2.16[2]; 2025 No 14, Sch 1[13].

Sec 50

Am 2023 No 45, Sch 3[15].

Sec 55

Am 2025 No 14, Sch 1[14].

Sec 57

Am 2018 No 20, Sch 3.7; 2024 No 65, Sch 1[2] [3]; 2025 No 14, Sch 1[15].

Sec 58

Am 2018 No 5, Sch 2.16[2].

Sec 60

Am 2024 No 65, Sch 1[2] [4]–[7].

Sec 62

Am 2025 No 14, Sch 1[16].

Sec 63

Am 2018 No 5, Sch 2.16[2].

Sec 65

Am 2018 No 5, Sch 2.16[2].

Part 4, Div 4, heading

Am 2025 No 14, Sch 1[17].

Sec 66

Am 2025 No 14, Sch 1[18].

Sec 67

Am 2025 No 14, Sch 1[19].

Sec 70A

Ins 2025 No 14, Sch 1[20].

Sec 71

Am 2024 No 65, Sch 1[2] [8].

Sec 72

Am 2024 No 65, Sch 1[9]; 2025 No 14, Sch 1[21].

Sec 76

Subst 2023 No 45, Sch 3[16].

Sec 79

Am 2025 No 14, Sch 1[22].

Sec 80

Am 2025 No 14, Sch 1[23].

Sec 83

Am 2023 No 45, Sch 3[17] [18]; 2025 No 14, Sch 1[25].

Sec 85

Am 2016 No 54, Sch 1.15 [1] [2]; 2025 No 14, Sch 1[26]–[30].

Sec 86

Am 2016 No 54, Sch 1.15 [3]; 2025 No 14, Sch 1[32] [33].

Sec 94

Am 2018 No 65, Sch 8.10[1].

Sec 102

Subst 2023 No 45, Sch 3[19].

Sec 103

Am 2025 No 14, Sch 1[34] [35].

Sec 105

Ins 2023 No 45, Sch 3[20].

Sec 106

Am 2025 No 14, Sch 1[36] [37].

Sec 108

Am 2021 No 1, Sch 1[3]; 2025 No 14, Sch 1[38] [39].

Sec 110

Am 2025 No 14, Sch 1[40].

Part 6, Div 5 (sec 125)

Rep 2020 No 79, Sch 3.10.

Sec 128

Am 2017 No 63, Sch 4.49 [1].

Part 6, Div 7, heading

Ins 2018 No 65, Sch 4.5 [1]. Am 2021 No 1, Sch 1[4].

Part 6, Div 7

Ins 2018 No 65, Sch 4.5 [1].

Sec 132A

Ins 2018 No 65, Sch 4.5 [1]. Am 2025 No 14, Sch 1[42]–[44].

Sec 132B

Ins 2021 No 1, Sch 1[5].

Sec 132C

Ins 2025 No 14, Sch 1[45].

Sec 137A

Ins 2018 No 41, Sch 2.

Sec 137B

Ins 2021 No 1, Sch 1[6].

Sec 139

Am 2023 No 45, Sch 3[21].

Sec 139A

Ins 2023 No 45, Sch 3[22]. Am 2025 No 14, Sch 1[46].

Sec 139B

Ins 2025 No 14, Sch 1[47].

Sec 141

Am 2021 No 1, Sch 1[7]. Subst 2023 No 45, Sch 3[23].

Sec 143

Am 2025 No 14, Sch 1[48]–[50].

Sec 146

Am 2023 No 45, Sch 3[24].

Sec 166

Am 2024 No 65, Sch 1[10] [11].

Sec 176

Subst 2023 No 45, Sch 3[25].

Sec 181

Am 2018 No 5, Sch 2.16[2].

Sec 182

Am 2021 No 1, Sch 1[8]; 2021 No 10, Sch 3.23[3].

Sec 183

Am 2025 No 14, Sch 1[51] [52].

Sec 184

Am 2018 No 65, Sch 8.10[1].

Sec 186

Am 2021 No 1, Sch 1[9]. Subst 2023 No 45, Sch 3[26]. Am 2024 No 53, Sch 1.14[1].

Part 10A

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 1

Ins 2025 No 14, Sch 1[55].

Sec 188A

Ins 2025 No 14, Sch 1[55].

Sec 188B

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 2

Ins 2025 No 14, Sch 1[55].

Sec 188C

Ins 2025 No 14, Sch 1[55].

Sec 188D

Ins 2025 No 14, Sch 1[55].

Sec 188E

Ins 2025 No 14, Sch 1[55].

Sec 188F

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 3

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 3, Subdiv 1

Ins 2025 No 14, Sch 1[55].

Sec 188G

Ins 2025 No 14, Sch 1[55].

Sec 188H

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 3, Subdiv 2

Ins 2025 No 14, Sch 1[55].

Sec 188I

Ins 2025 No 14, Sch 1[55].

Sec 188J

Ins 2025 No 14, Sch 1[55].

Sec 188K

Ins 2025 No 14, Sch 1[55].

Sec 188L

Ins 2025 No 14, Sch 1[55].

Sec 188M

Ins 2025 No 14, Sch 1[55].

Sec 188N

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 3, Subdiv 3

Ins 2025 No 14, Sch 1[55].

Sec 188O

Ins 2025 No 14, Sch 1[55].

Sec 188P

Ins 2025 No 14, Sch 1[55].

Sec 188Q

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 4

Ins 2025 No 14, Sch 1[55].

Sec 188R

Ins 2025 No 14, Sch 1[55].

Sec 188S

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 5

Ins 2025 No 14, Sch 1[55].

Sec 188T

Ins 2025 No 14, Sch 1[55].

Sec 188U

Ins 2025 No 14, Sch 1[55].

Sec 188V

Ins 2025 No 14, Sch 1[55].

Sec 188W

Ins 2025 No 14, Sch 1[55].

Part 10A, Div 6

Ins 2025 No 14, Sch 1[55].

Sec 188X

Ins 2025 No 14, Sch 1[55].

Sec 188Y

Ins 2025 No 14, Sch 1[55].

Sec 188Z

Ins 2025 No 14, Sch 1[55].

Sec 188ZA

Ins 2025 No 14, Sch 1[55].

Sec 188ZB

Ins 2025 No 14, Sch 1[55].

Sec 188ZC

Ins 2025 No 14, Sch 1[55].

Sec 191

Am 2017 No 28, Sch 2.7 [1] [2].

Sec 194

Am 2018 No 49, Sch 1[2]–[5].

Sec 196

Am 2018 No 49, Sch 1[6] [7].

Sec 198A

Ins 2018 No 49, Sch 1[8].

Sec 207

Am 2018 No 49, Sch 1[9]–[11]; 2023 No 44, Sch 3.1[1] [2].

Sec 207A

Ins 2018 No 49, Sch 1[12].

Sec 208

Am 2018 No 49, Sch 1[13] [14].

Sec 209

Am 2018 No 49, Sch 1[15]–[20]; 2023 No 44, Sch 3.1[3].

Sec 209A

Ins 2018 No 49, Sch 1[21].

Sec 210

Am 2018 No 49, Sch 1[22] [23].

Sec 210A

Ins 2018 No 49, Sch 1[24].

Sec 211

Am 2018 No 49, Sch 1[25]–[27].

Sec 211A

Ins 2018 No 49, Sch 1[28].

Part 11, Div 3AA

Ins 2022 No 61, Sch 1.6. Subst 2023 No 44, Sch 3.1[4].

Sec 211AA

Ins 2022 No 61, Sch 1.6. Subst 2023 No 44, Sch 3.1[4].

Sec 211AB

Ins 2023 No 44, Sch 3.1[4].

Sec 211AC

Ins 2023 No 44, Sch 3.1[4].

Sec 211AD

Ins 2023 No 44, Sch 3.1[4].

Sec 211AE

Ins 2023 No 44, Sch 3.1[4].

Sec 211AF

Ins 2023 No 44, Sch 3.1[4].

Sec 211AG

Ins 2023 No 44, Sch 3.1[4].

Sec 211AH

Ins 2023 No 44, Sch 3.1[4].

Sec 211AI

Ins 2023 No 44, Sch 3.1[4].

Sec 211AJ

Ins 2023 No 44, Sch 3.1[4].

Sec 211AK

Ins 2023 No 44, Sch 3.1[4].

Part 11, Div 3A (secs 211B–211M)

Ins 2018 No 49, Sch 1[29].

Sec 213

Am 2018 No 49, Sch 1[30].

Secs 213A, 213B

Ins 2018 No 49, Sch 1[31].

Sec 214

Am 2018 No 49, Sch 1[25] [32] [33].

Sec 215A

Ins 2018 No 49, Sch 1[34].

Sec 227

Am 2023 No 44, Sch 3.1[5].

Sec 228

Am 2021 No 1, Sch 1[10]–[12].

Sec 236

Am 2017 No 63, Sch 4.49 [2] [3].

Sec 237

Am 2018 No 5, Sch 2.16[2]; 2023 No 45, Sch 3[27] [28].

Sec 246

Am 2021 No 10, Sch 3.23[4].

Sec 247A

Ins 2021 No 1, Sch 1[13].

Sec 248

Am 2021 No 1, Sch 1[14].

Sec 250

Subst 2017 No 22, Sch 3.73. Am 2018 No 49, Sch 1[30].

Sec 250A

Ins 2018 No 49, Sch 1[35].

Sec 251

Am 2018 No 49, Sch 1[36] [37].

Sec 253

Am 2021 No 7, Sch 4.21[1].

Sec 256

Am 2025 No 14, Sch 1[56].

Sec 257

Am 2018 No 49, Sch 1[30].

Sec 257A

Ins 2018 No 49, Sch 1[38].

Sec 258

Am 2023 No 45, Sch 3[29]–[35].

Sec 260

Am 2018 No 49, Sch 1[39].

Sec 261

Am 2018 No 65, Sch 7.15 [1]; 2023 No 45, Sch 3[36].

Sec 262

Am 2018 No 65, Sch 7.15 [2]; 2023 No 45, Sch 3[37].

Sec 263

Am 2018 No 65, Sch 7.15 [3]; 2022 No 5, Sch 1.17[1] [2]; 2023 No 45, Sch 3[38]–[40].

Sec 264

Am 2018 No 65, Sch 7.15 [4] [5]; 2023 No 45, Sch 3[41] [42].

Sec 271

Am 2018 No 49, Sch 1[40]; 2021 No 7, Sch 4.21[2] [3]; 2023 No 44, Sch 3.1[6]; 2023 No 45, Sch 3[43]; 2025 No 14, Sch 1[57].

Sec 271A

Ins 2020 No 5, Sch 1.31[1]. Am 2021 No 5, Sch 1.28; 2021 No 32, Sch 1.19[1]. Rep 2022 No 5, Sch 1.17[3].

Sec 272

Am 2022 No 5, Sch 1.17[4]–[6].

Sec 273

Am 2022 No 5, Sch 1.17[7] [8].

Sec 276A

Ins 2021 No 1, Sch 1[15].

Sch 1

Am 2018 No 65, Schs 4.5 [2], 8.10[2]; 2021 No 1, Sch 1[16]; 2022 No 5, Sch 1.17[9]; 2023 No 45, Sch 3[44]–[48]; 2024 No 65, Sch 1[12]; 2025 No 14, Sch 1[58]–[61].

Sch 2

Am 2022 No 5, Sch 1.17[10]; 2023 No 45, Sch 3[49] [50].

Sch 3

Am 2016 (501), cll 67, 68; 2020 No 5, Sch 1.31[2]; 2021 No 1, Sch 1[17]; 2022 No 59, Sch 2.44; 2023 No 45, Sch 3[51]; 2025 No 14, Sch 1[62].

Sch 4

Rep 1987 No 15, sec 30C.

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