Unit Titles Regulations (ACT)

AUSTRALIAN CAPITAL TERRITORY

unit titles regulations

This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

Updated as at 4 November 1996

TABLE OF PROVISIONS

Regulation

Citation

Commencement

Interpretation

Articles of corporation of 2 or 3 members

Appointment of conciliator by Minister

Citation

1.  These Regulations may be cited as the Unit Titles Regulations.1

Commencement

2.  These Regulations commence on the day on which they are notified in the Gazette.

Interpretation

3.  In these Regulations, unless the contrary intention appears—

“Act” means the Unit Titles Act 1970;

“conciliator” means a person appointed by the Minister under subregulation 5 (1).

Articles of corporation of 2 or 3 members

4.  For the purposes of paragraph 78 (1) (b) of the Act—

(a)in respect of a corporation that has only 2 members, the articles specified in Schedule 1 are prescribed; and

(b)in respect of a corporation that has only 3 members, the articles specified in Schedule 2 are prescribed.

Appointment of conciliator by Minister

5.  (1)  Where the Minister is notified in writing—

(a)by a member of a corporation of only 2 members, that a quorum was not present within half an hour after the time fixed for a general meeting of the corporation adjourned under subsection 65 (2) of the Act; or

(b)by a member of a corporation of only 2 or 3 members, that the members of the corporation are in dispute about a specified matter;

the Minister may, if he or she considers it appropriate in the circumstances, appoint a person as a conciliator to assist the members—

(c)to achieve a quorum and resolve any matter on the agenda for that general meeting; or

(d)to resolve the matter in dispute.

(2)  Where the Minister appoints a conciliator under subregulation (1), he or she shall specify, in writing, the terms and conditions, as to remuneration or otherwise, on which the conciliator is appointed.

(3)  The remuneration of a conciliator and the expenses incurred by him or her in the performance of his or her duties and functions and the exercise of his or her powers as a conciliator shall be deemed to be expenditure incurred by the corporation.

SCHEDULE 1  Paragraph 4 (a)

Articles

1.  (1)  In these articles, “conciliator” means a person appointed under subregulation 5 (1) of the Unit Titles Regulations.

(2)  Where a quorum is not present within half an hour after the time fixed for a general meeting adjourned under subsection 65 (2) of the Act, the person who called the meeting shall notify the Minister, in writing, accordingly and request the Minister to appoint a person to assist the members to achieve a quorum and reach agreement on the matters on the agenda for that general meeting.

(3)  Where the members of the corporation are in dispute in relation to a specified matter, a member of the corporation may notify the Minister, in writing, accordingly and request the Minister to appoint a person to assist the members to reach agreement on the matter in dispute.

(4)  A conciliator appointed by the Minister pursuant to a request under subarticle (2) or (3) shall notify, in writing, both members of the corporation, of the time and place of a conference to address the matters that were on the agenda referred to in subarticle (2) or to attempt to reach agreement on the matter in dispute, as the case requires.

(5)  Where a quorum is present at the conference—

(a)   the conciliator shall assist the members to reach agreement on the matters on the agenda referred to in subarticle (2) or on the matter in dispute, as the case requires; and

(b)any agreement reached shall be taken to be a unanimous resolution of the members for the purposes of the Act.

(6)  Where—

(a)a quorum is not present at the conference; or

(b)agreement is not reached on any matter on the agenda referred to in subarticle (2) or on the matter in dispute;

the conciliator shall, in writing, advise both members of the corporation of the right of a member to apply to the Supreme Court for an order under section 77 or 92 of the Act.

SCHEDULE 2  Paragraph 4 (b)

Articles

1.  (1)  In these articles, “conciliator” means a person appointed under subregulation 5 (1) of the Unit Titles Regulations.

(2)  Where the members of a corporation are in dispute in relation to a specified matter, a member of the corporation may notify the Minister, in writing, accordingly and request the Minister to appoint a person to assist the members to reach agreement on the matter in dispute.

(3)  A conciliator shall notify, in writing, each member of the corporation, of the time and place of a conference to attempt to reach agreement on the matter in dispute.

(4)  Where a quorum is present at the conference—

(a)the conciliator shall assist the members to reach agreement on the matter in dispute; and

(b)any agreement reached shall be taken to be a unanimous resolution of the members for the purposes of the Act.

(5)  Where—

(a)a quorum is not present at the conference; or

(b)agreement is not reached on the matter in dispute;

the conciliator shall, in writing, advise each member of the corporation of the right of a member to apply to the Supreme Court for an order under section 77 or 92 of the Act.

NOTES

1.  Subordinate Law No. 29, 1994; made on 5 September 1994; notified in the ACT Gazette on 15 September 1994; commenced on 15 September 1994.

2.  The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.

Table of Subordinate Laws

Regulation No. Date of making Date of notification in Gazette Date of commencement Application, saving or transitional provisions

Table of Amendments

ad. = added or inserted   am. = amended     rep. = repealed   rs. = repealed and substituted

Provision                   How affected