Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 7

Interpretation

7 Interpretation

(1) In this Act and in all instruments purporting to be made or executed thereunder unless the contrary intention appears—

"administrative fund" means the fund established by a body corporate under section 38 (1) , and includes a fund established under the Building Units and Group Titles Act 1980 , section 38 (1) (l) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988 .

"aggregate lot entitlement" means the sum of the lot entitlements of all lots on a plan.

"approved form" means a form approved under section 133B .

"body corporate" means a body corporate incorporated by section 27 .

"body corporate manager" means a person appointed under section 50 or 94 for the time being a body corporate manager of a body corporate, and includes a person who immediately prior to the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 6 is a managing agent for so long as the person’s appointment continues.

"building" , in relation to a building units plan, means the building or buildings shown on the plan each of which contains 2 or more lots or parts of lots and, where more than 1 building is shown on the plan, means any 1 or more of those buildings.

"building units plan" means a plan which—
(a) is described in the title or heading thereto as a building units plan; and
(b) shows the building comprised therein as being divided into lots; and
(c) shows the common property comprised therein; and
(d) complies with the requirements of section 9 ;
and includes a plan of resubdivision of a lot or common property or a lot and common property in a building units plan registered under this Act.

"cadastral surveyor" , for part 4 , division 3 , see section 48D .
and includes a plan of resubdivision of a lot or common property or a lot and common property in a group titles plan registered under this Act.
For the purpose of determining the number of proprietors pursuant to paragraph (a) , each lot has 1 proprietor.

"ceiling" does not include a false ceiling.

"chief executive (valuations)" ...

"committee" means the committee of a body corporate constituted under this Act.

"common property" means so much of a parcel as from time to time is not comprised in any lot.

"company nominee" , in relation to a corporation, means the individual (if any) for the time being authorised under section 52 by the corporation.

"council" ...

"Court" means the Supreme Court.

"Crown law officer" ...

"group titles plan" means a plan which—
(a) is described in the title or heading thereto as a group titles plan; and
(b) shows the land comprised therein as being divided into lots and common property; and
(c) complies with the requirements of section 9 ;

"land" means land under the provisions of the Land Title Act 1994 held by the registered proprietor in fee simple.

"law practice" , for part 4 , division 3 , subdivision 2 , see section 49C .

"local authority" ...

"lot" means a lot shown as such on a plan.

"lot entitlement" means the lot entitlement of a lot specified or apportioned in accordance with the provisions of section 10 (5) or (6) or 19 , as the case may be.

"managing agent" ...

"Minister" ...

"mortgage" includes a charge for securing money or money’s worth.

"occupier" , in relation to a lot, means a person in lawful occupation of that lot.

"original plan" means—
(a) in relation to a plan of resubdivision—the registered plan containing the lots or common property the subject of the plan of resubdivision;
(b) in relation to a plan of amalgamation—the registered plan containing the lots the subject of the plan of amalgamation;
(c) in relation to a conversion of lots into common property—the registered plan containing those lots.

"original proprietor" means the person by whom a parcel the subject of a plan was held in fee simple at the time of registration of the plan, and includes any successor or assignee of that person, but does not include a bona fide purchaser for value of a lot or any successor or assignee of that purchaser.

"parcel" means the land comprised in a plan.

"plan" means a building units plan or a group titles plan.

"planning scheme" means a planning scheme under the Local Government (Planning and Environment) Act 1990 .
Editor’s note—
Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

"prescribed arrangement" means any agreement or arrangement (including an arrangement set out in the by-laws in respect of the plan) between—
(a) in the case of a registered lot—the body corporate or the original proprietor and any other person; or
(b) in the case of a proposed lot—the original proprietor and any other person;
being an agreement or arrangement—
(c) by instrument in writing appointing, pursuant to section 50 , a body corporate manager; or
(d) for the carrying out of any of the duties of the body corporate under section 37 (1) (a) , (b) or (c) ; or
(e) entered into pursuant to section 37 (2) (a) , (b) , (c) , (d) or (e) or section 38C ; or
(f) for the protection of the parcel or any part thereof or of the security of the occupants of the lots; or
(g) for the conduct of a business upon the parcel (whether upon a lot or the common property) of letting of lots on behalf of any proprietors of lots; or
(h) under which the rights of the proprietor of a lot are or are likely to be affected to a material extent.

"prescribed trust account" , for part 4 , division 3 , subdivision 2 , see section 49C .

"proprietor" means the person for the time being registered or entitled to immediate registration under the Land Title Act 1994 as the proprietor of a lot.

"public trustee" means the public trustee within the meaning of the Public Trustee Act 1978 .

"qualified auditor" means—
(a) a person registered as an auditor under the Corporations Act; or
(b) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or
(c) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or
(d) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’.

"real estate agent" , for part 4 , division 3 , subdivision 2 , see section 49C .

"Real Property Acts" ...

"recognised entity" , for part 4 , division 3 , subdivision 2 , see section 49C .

"referee" means a referee appointed under section 69 .

"registered plan" means a plan as amended from time to time registered under this Act.

"registrar of titles" means the registrar of titles under the Land Title Act 1994 .

"resolution without dissent" means a resolution which is passed at a duly convened general meeting of a body corporate and against which no vote is cast.

"roll" means the roll referred to in section 39 that relates to a plan or to a plan that has been extinguished.

"service obligation" means a service obligation created or implied by section 17 or 18 .

"service right" means a service right created or implied by section 17 or 18 .

"sinking fund" means the fund established by a body corporate under section 38 (4) , and includes a fund established under the Building Units and Group Titles Act 1980 , section 38 (1) (m) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988 .

"special resolution" means a resolution which is passed at a duly convened general meeting of a body corporate by the proprietors where the proprietors who vote against the motion proposed as a special resolution do not together—
(a) constitute more than 25% of the total number of proprietors; and
(b) hold more than 25% of the aggregate lot entitlement.

"titles registry fee" , for a matter mentioned in a provision of this Act, means the fee payable for the matter under section 133C .

"titles registry function" see the Queensland Future Fund (Titles Registry) Act 2021 , section 5 .

"town planning scheme" ...

"tribunal" means a tribunal constituted under section 96 .

"unanimous resolution" means a resolution which is unanimously passed at a duly convened general meeting of a body corporate at which all persons entitled to exercise the powers of voting conferred by or under this Act are present personally or by proxy or vote in writing at the time of the motion.

"wall" includes door, window or other structure dividing a lot from common property or from another lot.
(2) A reference in this Act to a resubdivision of a lot or common property or of a lot and common property is a reference to the alteration of the boundaries of—
(a) 1 or more lots so as to create only 2 or more different lots; or
(b) 1 or more lots so as to create 1 or more different lots and common property; or
(c) 1 or more lots and common property so as to create 1 or more different lots or 1 or more different lots and common property; or
(d) common property so as to create 1 or more lots;
but does not include a reference to the amalgamation of 2 or more lots into 1 lot or the conversion of 1 or more lots into common property.
(3) In this Act, a reference to the Local Government (Planning and Environment) Act 1990 includes a reference to a planning scheme.
Editor’s note—
Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback