Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 362A

362A Section 212 to have retrospective effect

(1) Section 212, as inserted by the Body Corporate and Community Management Amendment Act 2009, (the
"inserted section" ) applies, to the exclusion of existing section 212(1), to a contract mentioned in the inserted section whether entered into before or after the commencement.

(2) Subject to subsection (3), subsection (1) applies for all purposes (including a legal proceeding started but not decided before the commencement).

(3) Subsection (1)—

(a) does not apply for the purpose of a contract settled before 5 June 2009; and

(b) does not apply for the purpose of—

(i) a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or

(ii) a legal proceeding relating to the lawfulness of the cancellation; and

(c) does not apply for the purpose of a legal proceeding decided before the commencement.

(4) In this section—

"commencement" means the commencement of this section.

"existing section 212(1)" means section 212(1) as in force before the commencement.

"legal proceeding" , in subsection (2), includes an appeal from a legal proceeding mentioned in subsection (3)(c).