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This is a Bill, not an Act. For current law, see the Acts databases.


COMMUNITY TITLES BILL 2018

                    Western Australia


       Community Titles Bill 2018

                        Contents

      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Terms used                                           2
4.    Notes and examples not part of Act                  18
5.    Act binds Crown                                     18
      Part 2 -- Community schemes
6.    Legislative framework                               19
7.    Community scheme                                    19
8.    Community titles scheme -- tier 1 scheme             20
9.    Community titles scheme -- tier 2 scheme             21
10.   Community titles scheme -- tier 3 scheme             21
11.   Lots -- community titles (building) schemes and
      community titles (land) schemes                     22
12.   Common property                                     24
13.   Relationships in and between schemes                25
14.   Subdivision of land by community scheme             26
15.   Registration of community titles scheme             26
16.   Community titles                                    27
17.   Community corporation                               31
      Part 3 -- Planning and development
      Division 1 -- Introduction
18.   Planning requirements for subdivision by
      community scheme                                    33
19.   Effect of community development statement on
      planning approvals                                  33
20.   Waiver of other requirements relating to plans or
      instruments                                         35


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Community Titles Bill 2018



Contents



              Division 2 -- Community development
                     statement
      21.     Application to approve statement or amendment     35
      22.     Comments from local government and others         36
      23.     Decision as to appropriate form of subdivision    37
      24.     Approval of community development statement or
              amendment                                         38
      25.     Content of statement                              39
      26.     Development period for community scheme           42
      27.     Statement or amendment ceases to have effect in
              certain circumstances                             44
      28.     Availability of statement                         45
              Division 3 -- Planning approvals
      29.     Planning approvals                                46
      30.     Modification of Planning and Development Act      46
      31.     Approval of modification of restricted use
              condition                                         50
      32.     Approval under planning (scheme by-laws)
              condition                                         50
              Division 4 -- Miscellaneous
      33.     Applications under Part                           50
      34.     Review of decisions                               51
              Part 4 -- Scheme documents
              Division 1 -- Scheme notice
      35.     Scheme notice                                     53
      36.     Name and address for service of community
              corporation                                       53
              Division 2 -- Scheme plan
      37.     Scheme plan                                       54
      38.     Short form easements or restrictive covenants     56
      39.     Requirements for registration of scheme plan      57
      40.     Requirements for registration of amendment of
              scheme plan                                       58
              Division 3 -- Schedule of unit entitlements
      41.     Schedule of unit entitlements                     63
      42.     Requirements for registration of amendment of
              schedule of unit entitlements                     65



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                                                          Contents



      Division 4 -- Scheme by-laws
43.   Scheme by-laws                                        65
44.   Application of scheme by-laws                         66
45.   Content of scheme by-laws                             67
46.   Exclusive use by-laws                                 70
47.   Invalidity of scheme by-laws                          72
48.   Enforcement of scheme by-laws                         73
49.   Requirement for registration of amendment to give
      effect to scheme by-laws                               76
      Part 5 -- Registration and land titles
      Division 1 -- Schemes and amendments of
             schemes
50.   Application for registration                          77
51.   Effect of registration                                78
52.   Registration process                                  80
53.   No presumption of validity of scheme by-laws          81
      Division 2 -- Statutory easements
54.   Easement for support, shelter and projections --
      lot                                                    82
55.   Easement for support, shelter and projections --
      common property                                       83
56.   Utility service easement                              85
57.   Common property infrastructure easement               86
58.   Entry under statutory easement                        88
59.   Rectification of damage                               89
      Division 3 -- Rates, taxes and charges
60.   Arrangements for sharing of information               90
61.   Valuation for rating and taxing                       90
62.   Objections                                            93
63.   Rating and taxing                                     93
64.   Charges for water supplied                            94
      Part 6 -- Original subdivision owner
65.   First statutory general meeting                        95
66.   Key documents                                          95
67.   Disclosure of remuneration and other benefits          96
68.   Defects in scheme buildings or infrastructure          97
69.   Contracting out prohibited                             98


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Community Titles Bill 2018



Contents



              Part 7 -- Lot owners and occupiers
      70.     Offence to contravene restricted use condition          99
      71.     Use and enjoyment                                       99
      72.     Information and agent                                   99
      73.     Insurance for lot                                      100
      74.     Person to act for lot owner in certain circumstances   101
              Part 8 -- Community corporation
              Division 1 -- Functions
              Subdivision 1 -- Property
      75.     Control and management of common property              102
      76.     Rights over common property                            103
      77.     Personal property                                      103
      78.     Temporary common property                              103
      79.     Transactions relating to land                          104
      80.     Carrying out work and recovering cost                  105
      81.     Power of community corporation to enter any part
              of parcel                                              106
      82.     Recovery of property                                   107
              Subdivision 2 -- Insurance
      83.     Required insurance                                     107
      84.     Notice to member of community corporation              110
              Subdivision 3 -- Financial management
      85.     Funds and investment                                   110
      86.     Accounting records and statement of accounts           112
      87.     Budget                                                 112
      88.     Contributions                                          113
              Subdivision 4 -- Participation in community scheme
      89.     Functions as member of another community
              corporation                                            115
      90.     Cooperation between community corporations             116
              Subdivision 5 -- Records and correspondence
      91.     Records and correspondence                             117
      92.     Scheme contacts register                               119
      93.     Letterbox and electronic communications                121
              Subdivision 6 -- Provision of information
      94.     Application by person with proper interest in
              information                                            121
      95.     Information from scheme contacts register              122

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96.    Inspection of material                                122
97.    Certificates                                          123
98.    Legal professional privilege and defamation           125
       Subdivision 7 -- Miscellaneous powers
99.    Compliance with scheme by-laws                        125
100.   Enforcement of road laws                              125
101.   Enforcement of local laws                             126
102.   Termination of certain services or amenities
       contracts                                             126
       Subdivision 8 -- Limitations
103.   Limitations on exercise of powers                     127
104.   Common seal and execution of documents                128
       Division 2 -- Objectives
105.   Objectives                                            129
       Division 3 -- Procedures
106.   Voting and resolutions                                130
107.   Voting by proxy                                       133
108.   Annual general meeting                                134
109.   Convening of general meetings                         134
110.   Procedure at general meetings                         136
       Division 4 -- Council and officers
111.   Council and officers of community corporation         137
112.   Functions and procedures of council                   139
113.   General duties and conflicts of interest              139
       Division 5 -- Miscellaneous
114.   Performance of council functions in general
       meeting                                               140
115.   Protection from liability                             141
116.   Exclusion of Corporations Act                         141
       Part 9 -- Scheme managers
117.   Authorisation of functions of scheme manager          142
118.   Requirements to be met by scheme manager              144
119.   Scheme management contract: minimum
       requirements                                          144
120.   General duties and conflict of interest               146
121.   Disclosure of remuneration and other benefits         147
122.   Operation of accounts                                 147
123.   Accounting information                                148

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Community Titles Bill 2018



Contents



      124.    Audits                                                 149
      125.    Termination of scheme management contract              149
      126.    Return of property                                     151
      127.    Provision of information about industry                152
      128.    Contracting out prohibited                             152
      129.    Protection from liability                              153
              Part 10 -- Protection of buyers
      130.    Information to be given before contract                154
      131.    Information to be given after contract                 157
      132.    Delay in settlement for failure to give information    159
      133.    Avoidance of contract for failure to give
              information                                            159
      134.    Avoidance of contract on notification of variation
              for material prejudice                                 160
      135.    Avoidance of contract for failure to disclose type 1
              notifiable variation                                   160
      136.    Avoidance of contract for failure to disclose type 2
              notifiable variation                                   160
      137.    Proposed lot contract                                  161
      138.    Avoidance of contract -- manner and effect              162
      139.    Contracting out prohibited                             163
              Part 11 -- Termination
              Division 1 -- Termination proposals
      140.    Introduction                                           164
      141.    Outline of termination proposal                        164
      142.    Content of outline of termination proposal             166
      143.    Ordinary resolution required to proceed further        167
      144.    Approval of plan of subdivision                        167
      145.    Full proposal                                          168
      146.    Content of full proposal                               170
      147.    Meetings and submissions                               174
      148.    Vote                                                   174
      149.    Confirmation of termination resolution by Tribunal     177
      150.    Endorsement of subdivision approval on plan            184
      151.    Order for directions about winding up of
              community corporation                                  185
      152.    Application for termination                            186
      153.    Registration process for termination                   188


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154.   Effect of termination of scheme                      188
155.   Withdrawal of termination proposal                   190
156.   Notice that termination proposal cannot proceed
       further                                              191
157.   Notices received by Registrar of Titles              192
158.   Costs of process                                     192
159.   Arrangements for independent advice or
       representation for owners                            193
       Division 2 -- Termination by single owner
160.   Termination by single owner                          193
       Part 12 -- Tribunal proceedings
161.   Scheme disputes                                      195
162.   Procedure                                            198
163.   Declarations                                         200
164.   Orders                                               200
165.   Interim orders                                       204
166.   Decision not to make order or declaration            204
167.   Certain powers only exercisable by judicial
       member or legally qualified member                   204
168.   Limitations on orders                                205
169.   Administrator of community corporation               206
170.   Contributions for money payable by community
       corporation                                          207
171.   Enforcement of order to act                          207
172.   Order overrides existing scheme by-laws              208
173.   Original jurisdiction                                208
174.   Internal review of order or declaration              209
       Part 13 -- Miscellaneous
175.   Refusal or failure to perform function               210
176.   Address for service                                  210
177.   Termination or amendment of community titles
       scheme as consequence of compulsory acquisition      210
178.   Entry to common property                             211
179.   Court or tribunal may refer matters to Tribunal      211
180.   Service of documents on community corporations,
       members and others                                   211
181.   Correction of errors by Registrar of Titles          213
182.   Delegation by Registrar of Titles                    214


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Community Titles Bill 2018



Contents



      183.    Money received by Registrar of Titles              215
      184.    Disposition statement                              215
      185.    Requirements under Transfer of Land Act            215
      186.    Regulations                                        215
      187.    Certain prescribed fees may exceed cost recovery   216
      188.    Expiry of section 187                              216
      189.    Review of this Act                                 217
              Part 14 -- Other Acts amended
              Division 1 -- Building Act 2011 amended
      190.    Act amended                                        218
      191.    Section 3 amended                                  218
              Division 2 -- Commercial Tenancy (Retail
                    Shops) Agreements Act 1985 amended
      192.    Act amended                                        218
      193.    Section 3 amended                                  218
      194.    Section 12 amended                                 218
              Division 3 -- Credit (Administration) Act 1984
                    amended
      195.    Act amended                                        219
      196.    Section 4 amended                                  219
              Division 4 -- Credit Act 1984 amended
      197.    Act amended                                        219
      198.    Section 5 amended                                  219
              Division 5 -- Dividing Fences Act 1961 amended
      199.    Act amended                                        220
      200.    Section 5 amended                                  220
      201.    Section 6 amended                                  221
              Division 6 -- Duties Act 2008 amended
      202.    Act amended                                        222
      203.    Section 17 amended                                 222
      204.    Section 87 amended                                 222
      205.    Section 90 amended                                 223
              Division 7 -- Electronic Conveyancing Act 2014
                    amended
      206.    Act amended                                        223
      207.    Section 3 amended                                  223



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                                           Community Titles Bill 2018



                                                               Contents



       Division 8 -- Environmental Protection Act 1986
             amended
208.   Act amended                                              224
209.   Section 3 amended                                        224
       Division 9 -- First Home Owner Grant Act 2000
             amended
210.   Act amended                                              224
211.   Section 14B amended                                      224
       Division 10 -- Home Building Contracts
             Act 1991 amended
212.   Act amended                                              225
213.   Section 3 amended                                        225
       Division 11 -- Land Information Authority
             Act 2006 amended
214.   Act amended                                              225
215.   Section 94A amended                                      225
       Division 12 -- Land Tax Assessment Act 2002
             amended
216.   Act amended                                              226
217.   Section 43A amended                                      226
218.   Glossary amended                                         226
       Division 13 -- Perth Parking Management
             Act 1999 amended
219.   Act amended                                              227
220.   Section 4 amended                                        227
       Division 14 -- Planning and Development
             Act 2005 amended
221.   Act amended                                              229
222.   Section 136 amended                                      229
223.   Section 148 deleted                                      229
224.   Section 162 amended                                      230
225.   Part 10 Division 5A inserted                             230
       Division 5A -- Integration of subdivision and
              development
       164A.     Integration of subdivision and
                 development                             230




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Community Titles Bill 2018



Contents



              Division 15 -- Property Law Act 1969 amended
     226.     Act amended                                               233
     227.     Section 6 amended                                         233
     228.     Section 7 amended                                         233
              Division 16 -- Rates and Charges (Rebates and
                    Deferments) Act 1992 amended
     229.     Act amended                                               234
     230.     Section 28 amended                                        234
              Division 17 -- Real Estate and Business Agents
                    Act 1978 amended
     231.     Act amended                                               234
     232.     Section 4 amended                                         234
     233.     Section 61 amended                                        235
     234.     Section 131A amended                                      235
              Division 18 -- Residential Tenancies Act 1987
                    amended
     235.     Act amended                                               235
     236.     Section 48 amended                                        235
              Division 19 -- Retirement Villages Act 1992
                    amended
     237.     Act amended                                               236
     238.     Section 15 amended                                        236
     239.     Section 23 amended                                        236
     240.     Section 54A inserted                                      236
              54A.     Jurisdiction of Tribunal under Community
                       Titles Act 2018                            236
     241.     Section 75 amended                                        237
              Division 20 -- Sale of Land Act 1970 amended
     242.     Act amended                                               237
     243.     Section 11 amended                                        237
     244.     Section 13 amended                                        238
     245.     Section 14 amended                                        238
              Division 21 -- Settlement Agents Act 1981
                    amended
     246.     Act amended                                               239
     247.     Section 46 amended                                        239
     248.     Schedule 2 clause 1 amended                               239




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                                                       Contents



       Division 22 -- Swan and Canning Rivers
             Management Act 2006 amended
249.   Act amended                                       239
250.   Schedule 5 amended                                239
       Division 23 -- Transfer of Land Act 1893
             amended
251.   Act amended                                       240
252.   Section 11 amended                                240
253.   Section 65A amended                               240
254.   Section 129A amended                              240
255.   Section 136A amended                              241
256.   Section 136F amended                              241
257.   Section 181 amended                               241
258.   Section 182A amended                              243
259.   Section 192B amended                              244
260.   Section 192C amended                              244
261.   Section 192D amended                              245
262.   Section 198 amended                               245
263.   Section 214 amended                               245
264.   Section 239 amended                               245
265.   Section 242 amended                               246
       Division 24 -- Valuation of Land Act 1978
             amended
266.   Act amended                                       246
267.   Section 24 amended                                246
268.   Section 37 amended                                246
       Division 25 -- Water Services Act 2012 amended
269.   Act amended                                       246
270.   Section 3 amended                                 246
271.   Section 71 amended                                247
272.   Section 124 amended                               247
273.   Section 125 amended                               247
       Defined terms




                                                        page xi
                           Western Australia


                     LEGISLATIVE ASSEMBLY


               Community Titles Bill 2018

                               A Bill for


An Act --
•  to provide for the subdivision of land by community schemes, the
   creation of community titles, and the governance and operation
   of community schemes; and
•  to make consequential and related amendments to other Acts;
   and
•  for related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Community Titles Bill 2018
     Part 1         Preliminary

     s. 1



1                             Part 1 -- Preliminary
2    1.         Short title
3               This is the Community Titles Act 2018.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 -- on the day on which this Act
7                      receives the Royal Assent;
8                (b) the rest of the Act -- on a day fixed by proclamation,
9                      and different days may be fixed for different provisions.

10   3.         Terms used
11        (1)   In this Act, unless the contrary intention appears --
12              address for service -- see section 176;
13              ADI means an authorised deposit-taking institution within the
14              meaning given in the Banking Act 1959 (Commonwealth)
15              section 5(1);
16              administrative fund -- see section 85(1)(a);
17              administrator of a community corporation means a person
18              appointed by the Tribunal as an administrator of the community
19              corporation under section 164(2)(q);
20              amendment of a community titles scheme -- see section 15(2);
21              amendment in relation to common property or a lot in a
22              community titles scheme -- see subsection (2);
23              approved form -- a document, evidence or information is in an
24              approved form only if it is in the form approved under the
25              regulations or Transfer of Land Act requirements and it
26              complies with any requirements of the regulations or Transfer of
27              Land Act requirements;
28              assistance animal has the meaning given in the Disability
29              Discrimination Act 1992 (Commonwealth) section 9(2);


     page 2
                                           Community Titles Bill 2018
                                           Preliminary         Part 1

                                                                   s. 3



1    associate -- 2 persons are associates if --
2      (a) 1 is the spouse or de facto spouse of the other; or
3      (b) 1 is the child or grandchild of the other; or
4      (c) they have a parent or grandparent in common; or
5      (d) they are partners; or
6      (e) they are directors of the same body corporate; or
7       (f) 1 is employed by the other; or
8      (g) 1 is a body corporate and the other is a director, officer
9            or employee of the body corporate or a person who is
10           otherwise in a position to control or substantially
11           influence the conduct of the body corporate; or
12     (h) they are bodies corporate and the same person is a
13           director of both bodies corporate;
14   Australian legal practitioner has the meaning given in the
15   Legal Profession Act 2008 section 3;
16   Authority means the Western Australian Land Information
17   Authority established by the Land Information Authority
18   Act 2006 section 5;
19   belongs -- see section 13 --
20     (a) for when a lot, tier parcel or common property belongs
21           to a community titles scheme; and
22     (b) for when a community titles scheme belongs to another
23           community titles scheme;
24   building includes structure;
25   capital value has the meaning given in the Valuation of Land
26   Act 1978 section 4(1);
27   Commissioner of Titles means the person holding or acting in
28   the office of the Commissioner of Titles under the Transfer of
29   Land Act 1893;
30   common property means --
31     (a) tier 1 common property; or
32     (b) tier 2 common property; or

                                                               page 3
     Community Titles Bill 2018
     Part 1         Preliminary

     s. 3



1                  (c)     tier 3 common property;
2             Note for this definition:
3             1.         See, for tier 1, section 8(4), for tier 2, section 9(4) and, for tier 3,
4                        section 10(4).
5             2.         Section 12 determines what comprises common property, regardless
6                        of the tier of the community titles scheme to which the common
7                        property belongs.
8             common property infrastructure easement means a statutory
9             easement under section 57;
10            community corporation means --
11              (a) a tier 1 corporation; or
12              (b) a tier 2 corporation; or
13              (c) a tier 3 corporation;
14            Note for this definition:
15                       Section 17 establishes a community corporation for a community titles
16                       scheme, regardless of the tier of the scheme.
17            community development statement means a document
18            approved as a community development statement by the
19            Planning Commission under Part 3 Division 2;
20            community scheme means the community titles schemes that
21            together subdivide a parcel of land;
22            community title -- see section 16;
23            community titles (building) scheme -- see section 11(7);
24            community titles (land) scheme -- see section 11(8);
25            community titles scheme means --
26              (a) a tier 1 scheme; or
27              (b) a tier 2 scheme; or
28              (c) a tier 3 scheme;
29            Note for this definition:
30            1          See, for tier 1, section 8(1), for tier 2, section 9(1) and, for tier 3,
31                       section 10(1).
32            2.         A community titles scheme is either a community titles (building)
33                       scheme or a community titles (land) scheme depending on how the
34                       lots are defined.


     page 4
                                           Community Titles Bill 2018
                                           Preliminary         Part 1

                                                                  s. 3



1    contact details means the name, address, address for service,
2    telephone or other contact number and, if available, electronic
3    address of a person;
4    contract means a contract, agreement or other document that
5    legally binds a person, whether conditionally or
6    unconditionally;
7    contributions means the amount determined by a community
8    corporation as the amount it requires from its members under
9    section 88;
10   council means the governing body of a community corporation
11   established under section 111;
12   development has the meaning given in the Planning and
13   Development Act 2005 section 4(1);
14   development period for a community scheme means the period
15   after registration of the tier 1 scheme that applies under
16   section 26;
17   disability has the meaning given in the Disability
18   Discrimination Act 1992 (Commonwealth) section 4(1);
19   disposition statement -- see section 184;
20   electronic address means --
21     (a) an email address; or
22     (b) anything included in this definition by the regulations;
23   encumbrance has the meaning given in the Transfer of Land
24   Act 1893 section 4(1);
25   exclusive use by-laws -- see section 46;
26   financial year for a community corporation means --
27     (a) if the scheme by-laws are silent on the matter, the period
28           of 12 months ending on 30 June; or
29     (b) if the scheme by-laws specify a period of 12 months
30           ending on a different date as the financial year for the
31           scheme, the period specified in the by-laws;
32   floor includes a stairway or ramp;


                                                              page 5
     Community Titles Bill 2018
     Part 1         Preliminary

     s. 3



1             infrastructure include public or private access ways, lifts,
2             swimming pools, gymnasiums, other recreational facilities,
3             shared carparks, loading bays, infrastructure for utility services
4             and other fixtures and, in each case, associated equipment;
5             infrastructure contract -- see section 57(1)(a);
6             infrastructure owner -- see section 57(3);
7             insurable asset of a community titles scheme --
8               (a) means --
9                        (i) the common property of the scheme (including
10                           the fixtures and improvements on the common
11                           property); or
12                      (ii) the parts of scheme buildings that comprise lots
13                           in the scheme (including the paint and
14                           wallpaper); or
15                     (iii) anything included in this definition by the
16                           regulations;
17                    but
18              (b) does not include --
19                       (i) fixtures or improvements on the common
20                           property that are not themselves common
21                           property; or
22                      (ii) carpet and temporary wall, floor and ceiling
23                           coverings in a scheme building; or
24                     (iii) fixtures removable by a lessee at the expiration
25                           of a tenancy; or
26                     (iv) anything excluded from this definition by the
27                           regulations;
28            interested community corporations for a termination
29            proposal -- see section 141(1);
30            interim development order has the meaning given in the
31            Planning and Development Act 2005 section 4(1);



     page 6
                                                   Community Titles Bill 2018
                                                   Preliminary         Part 1

                                                                               s. 3



1    item registered or recorded for a community titles scheme --
2    see section 52(5);
3    Note for this definition:
4           For example, an item may comprise an estate, interest, right,
5           encumbrance, notification, memorial or caveat.
6    judicial member has the meaning given in the State
7    Administrative Tribunal Act 2004 section 3(1);
8    key document in relation to a subdivision of land by a
9    community titles scheme means each of the following --
10     (a) the application for registration of the scheme or
11           amendment of the scheme to give effect to the
12           subdivision and everything that accompanies the
13           application;
14     (b) the scheme documents, or amendments of the scheme
15           documents, as registered for the subdivision;
16     (c) planning approvals for the subdivision and development
17           associated with the scheme;
18     (d) occupancy permits and building approval certificates
19           under the Building Act 2011 relating to development
20           associated with the subdivision;
21     (e) official notices relating to the subdivision or
22           development associated with the subdivision;
23      (f) specifications, diagrams and drawings relating to the tier
24           parcel or a building on the tier parcel affected by the
25           subdivision (including any specifications, diagrams and
26           drawings that show utility conduits, utility infrastructure
27           or sustainability infrastructure);
28     (g) warranty documents and operational and servicing
29           manuals for infrastructure that ought reasonably to be
30           given to the community corporation;
31     (h) certificates and schedules relating to the insurance
32           required for, or relating to, the scheme taken out or
33           arranged by the original subdivision owner;



                                                                            page 7
     Community Titles Bill 2018
     Part 1         Preliminary

     s. 3



1                  (i)any contracts for the provision of services or amenities
2                     to the community corporation or to members of the
3                     community corporation entered into or arranged by the
4                     original subdivision owner or by the community
5                     corporation;
6                (j) any leases or licences over the common property of the
7                     scheme;
8               (k) accounting records and other documents that ought
9                     reasonably to be given to the community corporation;
10               (l) anything included in this definition by the regulations;
11            legally qualified member has the meaning given in the State
12            Administrative Tribunal Act 2004 section 3(1);
13            licensed surveyor has the meaning given in the Licensed
14            Surveyors Act 1909 section 3;
15            licensed valuer has the meaning given in the Land Valuers
16            Licensing Act 1978 section 4;
17            local government means a local government, regional local
18            government or regional subsidiary;
19            lot means --
20               (a) a tier 1 lot; or
21              (b) a tier 2 lot; or
22               (c) a tier 3 lot;
23            Notes for this definition:
24            1.         See, for tier 1, section 8(3), for tier 2, section 9(3) and, for tier 3,
25                       section 10(3).
26            2.         Section 11 determines how a lot may be defined, regardless of the tier
27                       of the community titles scheme to which the lot belongs.
28            member of a community corporation -- see section 17;
29            monetary order has the meaning given in the State
30            Administrative Tribunal Act 2004 section 3(1);
31            mortgage includes a charge for securing money or money's
32            worth;



     page 8
                                             Community Titles Bill 2018
                                             Preliminary         Part 1

                                                                     s. 3



1    notifiable variation means --
2      (a) a type 1 notifiable variation; or
3      (b) a type 2 notifiable variation;
4    occupier of a lot means a person who occupies the lot on a
5    temporary or permanent basis (either solely or jointly with other
6    persons) and includes a person who is unlawfully in occupation
7    of a lot;
8    officer of a community corporation means a person holding or
9    acting in an office established under, and assigned functions
10   under, the scheme by-laws;
11   on common property in relation to infrastructure means situated
12   in or on common property;
13   order to act means an order of the Tribunal that --
14     (a) is not a monetary order; and
15     (b) requires a person to take specified action or to refrain
16            from taking specified action;
17   ordinary resolution -- see section 106(6);
18   original subdivision owner for a subdivision means the person
19   who owns, will own or owned the lots in a community titles
20   scheme when first created on a subdivision of land given effect
21   by registration of the scheme or an amendment of the scheme;
22   owner of a lot means --
23     (a) a person who is registered as the proprietor of an estate
24            in fee simple in the lot; or
25     (b) if the fee simple is divided into a life estate with a
26            remainder or reversionary interest, the person who is
27            registered as the proprietor of a life estate in the lot to
28            the exclusion of the proprietor of the remainder or
29            reversionary interest in the lot; or
30     (c) if a mortgagee is in possession of the lot, the mortgagee
31            to the exclusion of the persons referred to in the
32            preceding paragraphs;



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1              owner of a parcel of land means a person who is registered as
2              the proprietor of an estate in fee simple in the parcel of land;
3              planning approval means an approval of the subdivision of land
4              or development required under the Planning and Development
5              Act 2005 and includes a request under that Act for approval of a
6              scheme plan or an amendment of a scheme plan;
7              Planning Commission means the Western Australian Planning
8              Commission established under the Planning and Development
9              Act 2005;
10             planning scheme has the meaning given in the Planning and
11             Development Act 2005 section 4(1);
12             planning (scheme by-laws) condition means a condition of a
13             planning approval requiring a community titles scheme to have
14             specified scheme by-laws, which may include by-laws that
15             provide that they cannot be amended or repealed without the
16             approval of the Planning Commission, each local government in
17             whose district the tier parcel is situated or some other specified
18             body (such as a government agency or a utility service
19             provider);
20             President has the meaning given in the State Administrative
21             Tribunal Act 2004 section 3(1);
22             proponent of a termination proposal -- see section 140(1);
23             public authority means --
24               (a) a Minister of the Crown in right of the State; or
25               (b) an agency or non-SES organisation within the meanings
26                     given in the Public Sector Management Act 1994
27                     section 3(1); or
28               (c) a person declared by the regulations to be a public
29                     authority;
30             rating and taxing Acts has the meaning given in the Valuation
31             of Land Act 1978 section 4(1) and includes the Water Services
32             Act 2012 under which a statutory water service charge (within
33             the meaning given in the Water Services Act 2012 section 71(1))


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1    is to be taken to be a rate imposed by the licensee to whom the
2    charge is payable as a rating authority;
3    Register has the meaning given in the Transfer of Land
4    Act 1893 section 4(1);
5    registered lease means a lease registered under the Transfer of
6    Land Act 1893;
7    registered mortgage means a mortgage or charge (including a
8    statutory charge) registered under the Transfer of Land
9    Act 1893;
10   Registrar of Titles means the person holding or acting in the
11   office of Registrar of Titles established under the Transfer of
12   Land Act 1893 section 7;
13   related community corporation -- see section 13(6);
14   related community titles scheme -- see section 13(6);
15   relative unit entitlement of a lot or tier parcel means the
16   proportion that the unit entitlement of the lot or tier parcel bears
17   to the sum of the unit entitlements of all the lots and tier parcels
18   in the community titles scheme to which the lot or tier parcel
19   belongs;
20   replacement value of an insurable asset means --
21     (a) the amount required to rebuild, replace, repair or restore
22            the asset so that, on completion of the work, the asset is
23            no less extensive and in no worse condition than when
24            the asset was new; and
25     (b) the amount required for costs of demolition, site
26            clearance and the remuneration of architects, surveyors,
27            engineers and other persons whose services are
28            necessary for the rebuilding, replacement, repair or
29            restoration of the asset;
30   reserve fund -- see section 85(1)(b);
31   restricted use condition -- see section 37(2)(a);
32   Note for this definition:
33          An example of a restricted use is use of a community titles scheme as
34          a retirement village.

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1              schedule of unit entitlements for a community titles scheme
2              means the schedule of unit entitlements registered, or proposed
3              to be registered, for the scheme as a scheme document;
4              scheme building means a building shown on a scheme plan for
5              a community titles (building) scheme and by reference to which
6              lots are defined;
7              scheme by-laws for a community titles scheme means the
8              by-laws registered, or proposed to be registered, for the scheme
9              as a scheme document;
10             scheme contacts register -- see section 92(1);
11             scheme dispute -- see section 161(1);
12             scheme document -- see section 15(1);
13             scheme function for a community titles scheme means --
14               (a) a function of the community corporation; or
15               (b) a function of the council of the community corporation;
16                      or
17               (c) a function of an officer of the community corporation;
18             scheme management contract -- see section 118(1)(a);
19             scheme manager -- see section 117(1);
20             scheme notice for a community titles scheme means the scheme
21             notice registered, or proposed to be registered, for the scheme as
22             a scheme document;
23             scheme participant -- see section 161(2);
24             scheme plan for a community titles scheme means the scheme
25             plan registered, or proposed to be registered, for the scheme as a
26             scheme document;
27             settlement date for a contract for the sale and purchase of a lot
28             means --
29               (a) the date on which the purchase price, or the balance of
30                      the purchase price, for the lot is paid in exchange for
31                      documents that enable the buyer to be registered as the
32                      owner of the lot; or


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1      (b)   if the contract for the lot is a terms contract within the
2            meaning given in the Sale of Land Act 1970 section 5,
3            the date on which the buyer becomes entitled to
4            possession or occupation of the lot;
5    short form easement or restrictive covenant -- see section 38;
6    site value has the meaning given in the Valuation of Land
7    Act 1978 section 4(1);
8    special common property -- see section 46(1);
9    special lot -- see section 46(1);
10   special resolution -- see section 106(7);
11   State planning policy has the meaning given in the Planning
12   and Development Act 2005 section 4(1);
13   statutory easement means an easement under Part 5 Division 2;
14   subdivision of land by a community scheme -- see section 14;
15   sustainability infrastructure means infrastructure that is
16   designed or is likely to avoid, remedy or mitigate adverse
17   effects on the environment;
18   Example for this definition:
19           Sustainability infrastructure includes solar panels, clothes lines and
20           rainwater tanks.
21   temporary common property means land leased by a
22   community corporation under section 78(1) and registered as
23   temporary common property in the community titles scheme as
24   a result of inclusion in the description of temporary common
25   property in the scheme plan;
26   termination infrastructure report -- see section 146(2);
27   termination proposal -- see section 141(1);
28   termination resolution -- see section 148;
29   termination valuation report -- see section 146(3);
30   tier 1 common property -- see section 8(4);
31   tier 1 corporation means the body corporate established under
32   section 17 on registration of a tier 1 scheme;


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1              tier 1 lot -- see section 8(3);
2              tier 1 parcel -- see section 8(2);
3              tier 1 scheme -- see section 8(1);
4              tier 2 common property -- see section 9(4);
5              tier 2 corporation means the body corporate established under
6              section 17 on registration of a tier 2 scheme;
7              tier 2 lot -- see section 9(3);
8              tier 2 parcel -- see section 9(2);
9              tier 2 scheme -- see section 9(1);
10             tier 3 common property -- see section 10(4);
11             tier 3 corporation means the body corporate established under
12             section 17 on registration of a tier 3 scheme;
13             tier 3 lot -- see section 10(3);
14             tier 3 parcel -- see section 10(2);
15             tier 3 scheme -- see section 10(1);
16             tier parcel means --
17                (a) a tier 1 parcel; or
18               (b) a tier 2 parcel; or
19                (c) a tier 3 parcel;
20             Note for this definition:
21                    See, for tier 1, section 8(2), for tier 2, section 9(2) and, for tier 3,
22                    section 10(2).
23             Transfer of Land Act requirements means requirements
24             determined under the Transfer of Land Act 1893 section 182A;
25             Tribunal means the State Administrative Tribunal;
26             type 1 interest means --
27               (a) the interest of a person who holds the remainder or
28                     reversionary interest in land comprised of a lot in a
29                     community titles scheme in a case where the owner of
30                     the lot holds a life estate in the land; or
31               (b) a registered mortgage; or

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1      (c)   the interest of a judgment creditor named in a property
2            seizure and sale order registered under section 133 of
3            the Transfer of Land Act 1893; or
4      (d) the interest of a person named in a memorial registered
5            under the Transfer of Land Act 1983 as having a
6            statutory right requiring the consent of the person to any
7            dealing with the land; or
8      (e) a plantation interest registered under the Transfer of
9            Land Act 1893; or
10      (f) a carbon covenant registered under the Transfer of Land
11           Act 1893;
12     (g) a carbon right registered under the Transfer of Land
13           Act 1893;
14     (h) a profit   prendre registered under the Transfer of Land
15           Act 1893;
16   type 2 interest means --
17     (a) a registered lease; or
18     (b) a caveat recorded under the Transfer of Land Act 1893;
19   type 1 notifiable variation means any of the following that
20   occur after a contract for the sale and purchase of a lot in a
21   community titles scheme is entered into but before the
22   settlement date for the contract --
23     (a) the area or size of the lot or proposed lot is reduced by
24           5% or more from the area or size notified to the buyer
25           before the buyer entered into the contract;
26     (b) the relative unit entitlement, or a reasonable estimate of
27           the relative unit entitlement, of the lot is increased by
28           5% or more, or decreased by 5% or more, from the
29           relative unit entitlement, or the estimate of the relative
30           unit entitlement, of the lot notified to the buyer before
31           the buyer entered into the contract;
32     (c) anything relating to a proposal for the termination of the
33           community titles scheme is served on the seller by the
34           community corporation;

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1               (d)    any other event classified by the regulations as a type 1
2                      notifiable variation;
3              type 2 notifiable variation means any of the following that
4              occur after a contract for the sale and purchase of a lot in a
5              community titles scheme is entered into but before the
6              settlement date for the contract and that do not give rise to a
7              type 1 notifiable variation --
8                (a) the community development statement or proposed
9                      community development statement or amendment of the
10                     community development statement is modified;
11               (b) the scheme plan, or proposed scheme plan or
12                     amendment of a scheme plan, for the scheme or a
13                     community titles scheme to which the scheme belongs is
14                     modified in a way that affects the lot or the common
15                     property in which the owner of the lot has an undivided
16                     share;
17               (c) the schedule of unit entitlements, or proposed schedule
18                     of unit entitlements or amendment of the schedule of
19                     unit entitlements, for the scheme is modified in a way
20                     that affects the lot;
21               (d) the scheme by-laws, or proposed scheme by-laws, for
22                     the scheme or a community titles scheme to which the
23                     scheme belongs are modified;
24               (e) the community corporation for the scheme, or the
25                     original subdivision owner for the subdivision by which
26                     the lot is created --
27                        (i) enters into a contract for the provision of services
28                              or amenities to the community corporation or to
29                              members of the community corporation or a
30                              contract that is otherwise likely to affect the
31                              rights of the buyer; or
32                       (ii) varies any existing contract of that kind in a way
33                              that is likely to affect the rights of the buyer;



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1       (f)     a lease, licence, right or privilege over the common
2               property in the scheme or a community titles scheme to
3               which the scheme belongs is granted or varied;
4      (g)      any other event classified by the regulations as a type 2
5               notifiable variation;
6    Note for this definition:
7             For when an amendment of a community titles scheme affects a lot or
8             common property see subsection (2).
9    unit entitlement of a lot or tier parcel -- see section 41(1)(a);
10   utility conduit means a conduit for the provision of a utility
11   service (including pipes, wires, cables and ducts);
12   utility infrastructure means infrastructure and equipment
13   necessary for, or related to, the provision of a utility service;
14   utility service means --
15     (a) the collection and passage of stormwater; or
16     (b) the supply of water for drinking or any other use; or
17     (c) a sewerage and drainage service; or
18     (d) a garbage collection service; or
19     (e) a gas, electricity or air service, including air
20            conditioning and heating; or
21      (f) a communication or data service, including telephone,
22            radio, television and internet; or
23     (g) a service classified by the regulations as a utility service;
24            or
25     (h) another like service;
26   utility service easement -- see section 56(1);
27   volunteer scheme manager means a scheme manager of a
28   community corporation who --
29     (a) is the owner of a lot in the community scheme; and
30     (b) does not receive any fee, reward or benefit for work
31            performed as a scheme manager other than an honorary



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1                        fee or reward not exceeding, if an amount is fixed by the
2                        regulations, that amount; and
3                 (c) personally performs the work of the scheme manager;
4               wall includes a door, window or other structure dividing a lot in
5               a community scheme from common property or from another
6               lot in the community scheme;
7               working day means a day other than a Saturday, a Sunday or a
8               public holiday throughout the State.
9         (2)   An amendment of a community titles scheme affects the
10              common property or a lot in the scheme as follows --
11                (a) an amendment of the scheme plan affects the common
12                    property if it --
13                      (i) modifies the common property; or
14                     (ii) creates or discharges an easement or restrictive
15                            covenant that benefits or burdens the common
16                            property;
17                (b) an amendment of the scheme plan affects a lot if it --
18                      (i) modifies the definition of the lot; or
19                     (ii) creates or discharges an easement or restrictive
20                            covenant that benefits or burdens the lot;
21                (c) an amendment of the schedule of unit entitlements
22                    affects a lot or tier parcel if it modifies the unit
23                    entitlement of the lot or tier parcel.

24   4.         Notes and examples not part of Act
25              A note or example set out at the foot of a provision of this Act is
26              provided to assist understanding and does not form part of this
27              Act.

28   5.         Act binds Crown
29              This Act binds the Crown in right of Western Australia and, so
30              far as the legislative power of the Parliament permits, the Crown
31              in all its other capacities.

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1                        Part 2 -- Community schemes
2    6.         Legislative framework
3         (1)   This Act provides for a form of subdivision of land referred to
4               as subdivision by a community scheme and sets out
5               requirements for that form of subdivision.
6         (2)   Relevant planning approvals must be obtained under the
7               Planning and Development Act 2005 for the subdivision of land
8               by a community scheme.
9         (3)   Each community titles scheme comprised in a community
10              scheme is to be incorporated in the Register, and certificates of
11              title for lots in the scheme are to be created for community
12              titles, under the Transfer of Land Act 1893.
13        (4)   Consequently, this Act must be read together with the Planning
14              and Development Act 2005 and the Transfer of Land Act 1893
15              to gain a proper understanding of the legislative framework for
16              the subdivision of land by a community scheme.
17        (5)   This Act also contains provisions about the governance and
18              operation of community schemes and about scheme managers.
19              Note for this section:
20                     The following sections explain how a community scheme is a scheme
21                     for the subdivision of a parcel of land by various tiers of community
22                     titles schemes.

23   7.         Community scheme
24        (1)   Land may be subdivided by a community scheme if --
25               (a) it comprises the whole of a parcel of land; and
26               (b) the parcel of land is freehold land held in fee simple and
27                    comprised in a single certificate of title under the
28                    Transfer of Land Act 1893; and
29               (c) the parcel of land is not already subdivided by a strata
30                    titles scheme under the Strata Titles Act 1985; and



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1                (d)    the parcel of land is not a caravan park or camping
2                       ground within the meanings given in the Caravan Parks
3                       and Camping Grounds Act 1995.
4         (2)   A community scheme can be comprised of up to, but not more
5               than, 3 tiers of community titles schemes.

6    8.         Community titles scheme -- tier 1 scheme
7         (1)   A tier 1 scheme is a scheme for the creation of community titles
8               on registration of the scheme so as to --
9                 (a) effect a physical division of a parcel of land into --
10                         (i) 2 or more lots; or
11                        (ii) 2 or more lots and common property;
12                      and
13               (b) allow for the lots to be owned and sold or otherwise
14                      dealt with separately (except for any lots that are
15                      subdivided by tier 2 schemes); and
16                (c) require the common property to be administered by a
17                      community corporation that comes into existence under
18                      this Act on registration of the community titles scheme;
19                      and
20               (d) limit how the common property may be dealt with.
21        (2)   A parcel of land subdivided by a tier 1 scheme is referred to as a
22              tier 1 parcel.
23        (3)   A lot in a tier 1 scheme is referred to as a tier 1 lot except if the
24              lot is subdivided by a tier 2 scheme.
25        (4)   The common property in a tier 1 scheme is referred to as tier 1
26              common property.




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1    9.          Community titles scheme -- tier 2 scheme
2          (1)   A tier 2 scheme is a scheme for the creation of community titles
3                on registration of the scheme so as to --
4                  (a) effect a physical division of a tier 1 lot into --
5                           (i) 2 or more lots; or
6                          (ii) 2 or more lots and common property;
7                        and
8                 (b) allow for the lots to be owned and sold or otherwise
9                        dealt with separately (except for any lots that are
10                       subdivided by tier 3 schemes); and
11                 (c) require the common property to be administered by a
12                       community corporation that comes into existence under
13                       this Act on registration of the community titles scheme;
14                       and
15                (d) limit how the common property may be dealt with.
16         (2)   A tier 1 lot subdivided by a tier 2 scheme is referred to as a
17               tier 2 parcel.
18         (3)   A lot in a tier 2 scheme is referred to as a tier 2 lot, except if the
19               lot is subdivided by a tier 3 scheme.
20         (4)   The common property in a tier 2 scheme is referred to as tier 2
21               common property.

22   10.         Community titles scheme -- tier 3 scheme
23         (1)   A tier 3 scheme is a scheme for the creation of community titles
24               on registration of the scheme so as to --
25                 (a) effect a physical division of a tier 2 lot into --
26                          (i) 2 or more lots; or
27                         (ii) 2 or more lots and common property;
28                       and
29                (b) allow for the lots to be owned and sold or otherwise
30                       dealt with separately; and

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1                  (c)     require the common property to be administered by a
2                          community corporation that comes into existence under
3                          this Act on registration of the community titles scheme;
4                          and
5                  (d)     limit how the common property may be dealt with.
6          (2)   A tier 2 lot subdivided by a tier 3 scheme is referred to as a tier
7                3 parcel.
8          (3)   A lot in a tier 3 scheme is referred to as a tier 3 lot.
9          (4)   The common property in a tier 3 scheme is referred to as tier 3
10               common property.

11   11.         Lots -- community titles (building) schemes and community
12               titles (land) schemes
13         (1)   Lots in a community titles scheme are defined on the scheme
14               plan for the community titles scheme.
15         (2)   A lot can be comprised of non-contiguous parts shown on the
16               scheme plan for the community titles scheme.
17               Example for this subsection:
18                       The non-contiguous parts may be to allow for a separate car parking
19                       space or shed to be part of the lot.

20         (3)   Lots may be defined on the scheme plan for a community titles
21               scheme in either of the following ways --
22                 (a) as lots with defined upper and lower boundaries as well
23                      as lateral boundaries, with at least part of each lot
24                      defined by reference to a building shown on the scheme
25                      plan (a scheme building);
26                 (b) as lots defined by reference to an area of land, regardless
27                      of whether or not there are buildings on the land.
28         (4)   For a lot defined by reference to a scheme building --
29                (a) if a boundary is defined by reference to a wall -- the
30                       reference is to the inner surface of the wall; and



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1           (b)   if a boundary is defined by reference to a floor -- the
2                 reference is to the upper surface of the floor; and
3           (c)   if a boundary is defined by reference to a ceiling -- the
4                 reference is to the under surface of the ceiling; and
5           (d)   the lot does not include the following --
6                    (i) space occupied by a vertical structural member,
7                         not being a wall, of a building;
8                   (ii) utility conduits except conduits that are for the
9                         exclusive use or enjoyment of the lot;
10                 (iii) space enclosed by a structure enclosing utility
11                        conduits except such a structure enclosing
12                        conduits that are for the exclusive use and
13                        enjoyment of the lot.
14   (5)   However --
15          (a) subject to paragraph (b), subsection (4) does not apply if
16              a lot is expressly defined in a contrary manner on a
17              scheme plan; and
18          (b) if any part of a lot defined by reference to a scheme
19              building is above or below any part of another lot
20              defined by reference to the scheme building,
21              subsection (4) cannot be excluded.
22   (6)   A lot defined by reference to an area of land may include upper
23         and lower boundaries as well as lateral boundaries, provided the
24         land above or below the lot (as the case requires) is common
25         property.
26   (7)   A community titles scheme in which lots are defined as set out
27         in subsection (3)(a) is a community titles (building) scheme.
28   (8)   A community titles scheme in which lots are defined as set out
29         in subsection (3)(b) is a community titles (land) scheme.
30   (9)   All lots and parts of lots in a community titles scheme must be
31         defined in the same way, that is, the way described in
32         subsection (3)(a) or the way described in subsection (3)(b).


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1      (10)      A lot in a community titles (building) scheme cannot be
2                subdivided by a community titles scheme that is a community
3                titles (land) scheme.
4      (11)      A tier 1 lot or tier 2 lot in a community titles (land) scheme can
5                be subdivided by a community titles scheme that is either a
6                community titles (building) scheme or a community titles (land)
7                scheme.
8      (12)      A change in the definition of a lot in a community titles scheme
9                does not, of itself, affect any item registered or recorded for the
10               scheme in the Register (even if the lot is assigned a new
11               identifying number).
12     (13)      Damage to, or destruction or removal of a wall, floor, ceiling or
13               other structural element by reference to which a lot in a
14               community titles (building) scheme is defined does not of itself
15               affect the definition of the boundaries of the lot (which remain
16               as defined on the scheme plan).
17     (14)      If a scheme plan identifies an encroachment outside the tier
18               parcel that is to be controlled and managed as part of a lot, the
19               encroachment is to be regarded, for this Act, as if it were part of
20               the lot.

21   12.         Common property
22         (1)   The common property in a community titles scheme is --
23                (a) that part of the tier parcel subdivided by the community
24                     titles scheme that does not form part of a lot in the
25                     community titles scheme; and
26                (b) temporary common property.
27         (2)   The common property includes, for a community titles
28               (building) scheme, those parts of a scheme building that do not
29               form part of a lot.




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1          (3)   The common property does not include --
2                 (a) any land vested in the Crown under the Planning and
3                      Development Act 2005 section 152; or
4                 (b) any dedicated road under the Planning and Development
5                      Act 2005 section 168.
6          (4)   If a scheme plan identifies an encroachment outside the tier
7                parcel that is to be controlled and managed as common
8                property, the encroachment is to be regarded, for this Act, as if
9                it were common property.

10   13.         Relationships in and between schemes
11         (1)   A lot or common property is in or belongs to the community
12               titles scheme under which it is created.
13         (2)   A tier 2 parcel belongs to the tier 1 scheme under which the lot
14               subdivided to become the tier 2 parcel is created.
15         (3)   A tier 3 parcel belongs to the tier 2 scheme under which the lot
16               subdivided to become the tier 3 parcel is created.
17         (4)   A tier 2 scheme belongs to the tier 1 scheme to which its tier 2
18               parcel belongs.
19         (5)   A tier 3 scheme belongs to the tier 2 scheme to which its tier 3
20               parcel belongs and also to the tier 1 scheme to which that tier 2
21               scheme belongs.
22         (6)   A community titles scheme is related to each community titles
23               scheme to which it belongs or that belongs to it and the
24               community corporations of the related schemes are related
25               community corporations.
26         (7)   The tier 1, 2 and 3 schemes that together comprise a community
27               scheme belong to the community scheme.




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     s. 14



1    14.         Subdivision of land by community scheme
2          (1)   Land is subdivided by a community scheme --
3                 (a) by registration of a community titles scheme that
4                       belongs to the community scheme; or
5                 (b) by registration of an amendment of a community titles
6                       scheme that belongs to the community scheme.
7          (2)   Registration of an amendment of a community titles scheme
8                gives effect to a subdivision if it --
9                  (a) effects a change to the definition of a lot that belongs to
10                       the community titles scheme; or
11                 (b) effects a change to the boundary of a tier parcel that
12                       belongs to the community titles scheme; or
13                 (c) effects a change to the boundary of the tier parcel of the
14                       community titles scheme.
15               Note for this section:
16                      Subdivision by registration of an amendment of a community titles
17                      scheme encompasses re-subdivision of lots or common property,
18                      consolidation of lots, conversion of lots into common property, adding
19                      land to, and removing land from, common property and changing the
20                      community titles scheme in the community scheme to which a lot or
21                      common property belongs.

22   15.         Registration of community titles scheme
23         (1)   A community titles scheme is registered when the following
24               documents (the scheme documents) are registered and
25               incorporated in the Register --
26                 (a) a scheme notice;
27                 (b) a scheme plan;
28                 (c) a schedule of unit entitlements;
29                 (d) scheme by-laws.
30         (2)   A registered community titles scheme is amended when
31               amendments of the relevant scheme documents, or replacements



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                                                     Community schemes          Part 2

                                                                                            s. 16



1                of the relevant scheme documents, are registered or recorded
2                and incorporated in the Register.
3                Note for this subsection:
4                      The amendment may be necessary to give effect to a subdivision of
5                      land as referred to in section 14(2)(b) or it may be unrelated to a
6                      subdivision of land, comprising, for example --
7                      •     the amendment of the scheme notice so as to amend the name or
8                           address for service of the community corporation; or
 9                     •     the amendment or replacement of the scheme plan for the
10                          community titles scheme for a purpose related to an easement or
11                          restrictive covenant or a restricted use condition; or
12                     •     the amendment or replacement of the schedule of unit
13                          entitlements for the community titles scheme because of a new
14                          valuation of lots; or
15                     •     the amendment or replacement of scheme by-laws.

16         (3)   In a community scheme --
17                 (a) the tier 1 scheme must be registered before any tier 2
18                      scheme can be registered; and
19                 (b) the tier 1 scheme and the tier 2 scheme to which a tier 3
20                      scheme belongs must be registered before the tier 3
21                      scheme can be registered.

22   16.         Community titles
23         (1)   The title to the land comprised in a lot is a community title.
24         (2)   A certificate of title must be created and registered for each
25               community title under the Transfer of Land Act 1893.
26               Note for this subsection:
27                     A separate certificate of title is not created for common property or for
28                     a tier parcel.

29         (3)   On registration of a community titles scheme or an amendment
30               of a community titles scheme to give effect to a subdivision of
31               land, community titles come into existence, cease to exist or are
32               varied as necessary to ensure that --
33                 (a) there is 1 community title registered for each lot in the
34                       scheme or the scheme as amended; and

                                                                                       page 27
     Community Titles Bill 2018
     Part 2         Community schemes

     s. 16



1               (b)    the community title for a lot confers rights on the owner
2                      of the lot as set out in this section.
3       (4)    When a new lot is created and a community title comes into
4              existence, it vests as follows --
5                (a) in the case of a parcel of land that is being subdivided,
6                      in the person who is, immediately before the new lot is
7                      created, the registered proprietor of the land under the
8                      Transfer of Land Act 1893;
9                (b) in the case of a lot that is being subdivided, in the person
10                     who is, immediately before the new lot is created, the
11                     owner of that lot;
12               (c) in the case of common property that is being subdivided,
13                     in the persons who are, immediately before the new lot
14                     is created, the owners of lots in the community scheme
15                     as tenants in common in shares proportional to their
16                     respective shares in the common property that is being
17                     subdivided.
18      (5)    If a lot that is created vests in 2 or more persons, they hold their
19             share in the lot as tenants in common or as joint tenants in the
20             same manner as they owned the land or lot and, if they owned it
21             as tenants in common, in the same proportions as they owned
22             the land or lot.
23      (6)    A community title for a lot confers on the owner of the lot --
24              (a) rights as the proprietor of the lot under the Transfer of
25                  Land Act 1893; and
26              (b) for a tier 1 lot -- an undivided share in the common
27                  property in the lot's tier 1 scheme as a tenant in common
28                  with the other owners of lots in the community scheme;
29                  and
30              (c) for a tier 2 lot --
31                    (i) an undivided share in the common property in
32                           the tier 1 scheme to which the lot's tier 2 scheme



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                                 Community schemes          Part 2

                                                                 s. 16



1                  belongs as a tenant in common with the other
2                  owners of lots in the community scheme; and
3           (ii)   an undivided share in the common property in
4                  the lot's tier 2 scheme as a tenant in common
5                  with --
6                      (I) the other owners of lots in that tier 2
7                             scheme; and
8                     (II) the owners of lots in any tier 3 scheme
9                             that belongs to that tier 2 scheme;
10         and
11   (d)   for a tier 3 lot --
12            (i) an undivided share in the common property in
13                  the tier 1 scheme to which the lot's tier 3 scheme
14                  belongs as a tenant in common with the other
15                  owners of lots in the community scheme; and
16           (ii) an undivided share in the common property in
17                  the tier 2 scheme to which the lot's tier 3 scheme
18                  belongs as a tenant in common with --
19                      (I) the owners of lots in that tier 2 scheme;
20                             and
21                     (II) the other owners of lots in that tier 3
22                             scheme; and
23                    (III) the owners of lots in any other tier 3
24                             scheme that belongs to that tier 2
25                             scheme;
26                  and
27          (iii) an undivided share in the common property in
28                  the lot's tier 3 scheme as a tenant in common
29                  with the other owners of lots in that tier 3
30                  scheme.




                                                              page 29
     Community Titles Bill 2018
     Part 2         Community schemes

     s. 16



1       (7)    The extent of the undivided share in the common property of a
2              community scheme of an owner of a lot is determined as
3              follows --
4                (a) a tier 1 lot owner has a share in the tier 1 common
5                     property of the same proportion as the relative unit
6                     entitlement of the tier 1 lot;
7                (b) a tier 2 lot owner has --
8                       (i) a share in the tier 1 common property of a
9                             proportion calculated by multiplying --
10                                (I) the relative unit entitlement of the tier 2
11                                      lot; and
12                               (II) the relative unit entitlement of the tier
13                                      parcel of the lot's tier 2 scheme;
14                            and
15                     (ii) a share in the common property in the lot's tier 2
16                            scheme of the same proportion as the relative
17                            unit entitlement of the tier 2 lot;
18               (c) a tier 3 lot owner has --
19                      (i) a share in the tier 1 common property of a
20                            proportion calculated by multiplying --
21                                (I) the relative unit entitlement of the tier 3
22                                      lot; and
23                               (II) the relative unit entitlement of the tier
24                                      parcel of the lot's tier 3 scheme; and
25                              (III) the relative unit entitlement of the tier
26                                      parcel of the tier 2 scheme to which the
27                                      lot's tier 3 scheme belongs;
28                            and
29                     (ii) a share in the common property of the tier 2
30                            scheme to which the lot's tier 3 scheme belongs
31                            of a proportion calculated by multiplying --
32                                (I) the relative unit entitlement of the tier 3
33                                      lot; and

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                                               Community schemes          Part 2

                                                                                s. 17



1                                  (II)   the relative unit entitlement of the tier
2                                         parcel of the lot's tier 3 scheme;
3                                and
4                        (iii)   a share in the common property in the lot's tier 3
5                                scheme of the same proportion as the relative
6                                unit entitlement of the tier 3 lot.
7          (8)   The owner of a lot cannot separately deal with or dispose of the
8                owner's share in the common property of the community
9                scheme.
10         (9)   A dealing under the Transfer of Land Act 1893 affecting the
11               owner's interest in a lot affects, without express reference, the
12               owner's interest in the common property in the same manner
13               and to the same extent.
14    (10)       A community title is subject to items registered or recorded for
15               the community titles scheme in the Register to the extent that
16               they affect the lot or common property to which the community
17               title relates.

18   17.         Community corporation
19         (1)   On registration of a community titles scheme, a community
20               corporation is established for the community titles scheme.
21         (2)   The name and address for service of the community corporation
22               is as provided in the scheme notice for the community titles
23               scheme.
24         (3)   A community corporation --
25                (a) is a body corporate; and
26                (b) has perpetual succession; and
27                (c) is capable of suing and being sued in its own name; and
28                (d) has, subject to this Act, all the powers of a natural
29                    person that are capable of being exercised by a body
30                    corporate.



                                                                             page 31
     Community Titles Bill 2018
     Part 2         Community schemes

     s. 17



1       (4)    The governing body of a community corporation is a council
2              established under section 111.
3       (5)    A community corporation may have a common seal, but it does
4              not have to do so.
5       (6)    A tier 1 corporation is comprised of the following members --
6               (a) the owners, for the time being, of the tier 1 lots;
7               (b) for each tier 2 parcel belonging to the tier 1 scheme, the
8                      tier 2 corporation.
9       (7)    A tier 2 corporation is comprised of the following members --
10              (a) the owners, for the time being, of the tier 2 lots;
11              (b) for each tier 3 parcel belonging to the tier 2 scheme, the
12                     tier 3 corporation.
13      (8)    A tier 3 corporation is comprised of the owners, for the time
14             being, of the tier 3 lots (who are the members of the community
15             corporation).




     page 32
                                                       Community Titles Bill 2018
                                        Planning and development           Part 3
                                                      Introduction    Division 1
                                                                             s. 18



1                   Part 3 -- Planning and development
2                            Division 1 -- Introduction
3    18.         Planning requirements for subdivision by community
4                scheme
5          (1)   Before land can be subdivided by a community scheme --
6                 (a) as set out in Division 2, the Planning Commission must
7                       approve a community development statement for the
8                       community scheme; and
9                 (b) if a community development statement is approved for
10                      the land then, as set out in Division 3 --
11                         (i) a plan of subdivision must be approved under the
12                              Planning and Development Act 2005; and
13                        (ii) a scheme plan, or an amendment of the scheme
14                              plan, for the community titles scheme must be
15                              approved under the Planning and Development
16                              Act 2005 after completion of --
17                                  (I) the works necessary for the subdivision;
18                                        and
19                                 (II) for a community titles (building)
20                                        scheme, the construction or
21                                        modification of the scheme buildings
22                                        necessary for the subdivision.
23         (2)   The Planning Commission will approve a community
24               development statement only if it makes a decision that
25               subdivision by a community scheme is an appropriate form of
26               subdivision for the particular land.

27   19.         Effect of community development statement on planning
28               approvals
29         (1)   A community development statement is an instrument that may
30               control --
31                 (a) subdivision of land by a community scheme; and

                                                                         page 33
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 1     Introduction
     s. 19



1               (b)   development of land subdivided or to be subdivided by a
2                     community scheme; and
3               (c)   the purposes for which land subdivided or to be
4                     subdivided by a community scheme may be used; and
5               (d)   staging and sequencing of such subdivision and
6                     development; and
7               (e)   other matters relevant to a community scheme.
8       (2)    While a community development statement is in force for a
9              community scheme (whether or not the scheme is registered) --
10               (a) a subdivision applied for before the commencement of
11                    the development period for the community scheme must
12                    be approved if it could be carried out consistently with
13                    the community development statement; and
14               (b) a subdivision applied for after the commencement of the
15                    development period for the community scheme must be
16                    approved if --
17                       (i) it could be carried out consistently with the
18                           community development statement; and
19                      (ii) there is at least 4 years until the end of the
20                           development period for the scheme to allow for
21                           an application to be made for registration of a
22                           community titles scheme or an amendment of a
23                           community titles scheme to give effect to the
24                           subdivision;
25                    and
26                     Note for this paragraph:
27                            An application may be made for extension of the
28                            development period.
29              (c)   an application for approval of a subdivision or
30                    development made before the end of the development
31                    period for the community scheme must not be approved
32                    if it is inconsistent with the community development
33                    statement; and


     page 34
                                                      Community Titles Bill 2018
                                        Planning and development          Part 3
                                  Community development statement    Division 2
                                                                            s. 20


1                        Note for this paragraph:
2                               The community development statement may be amended to
3                               accommodate a subdivision or development that would
4                               otherwise be inconsistent.
5                 (d)   due regard must be had to the community development
6                       statement in determining an application for approval of a
7                       subdivision or development in any other circumstances.
8          (3)   Subsection (2) does not limit the conditions that may be
9                imposed on a planning approval, although conditions that are
10               inconsistent with the community development statement must
11               not be imposed after the statement is approved and before the
12               end of the development period for the community scheme.
13         (4)   A community development statement comes into force at the
14               beginning of the day of its approval under this Part and remains
15               in force until it ceases to have effect under this Part.

16   20.         Waiver of other requirements relating to plans or
17               instruments
18         (1)   The Planning Commission may, by instrument in writing, waive
19               requirements for the preparation of particular plans or
20               instruments under a planning scheme or interim development
21               order for land that is or is proposed to be divided by a
22               community scheme if satisfied that the preparation of the plans
23               or instruments is not necessary taking into account the existence
24               of a community development statement.
25         (2)   Before waiving the requirements, the Planning Commission
26               must consult with each local government in whose district the
27               community scheme is, or is proposed to be, situated.

28               Division 2 -- Community development statement
29   21.         Application to approve statement or amendment
30         (1)   A person may apply to the Planning Commission for approval
31               of --
32                 (a) a community development statement; or

                                                                            page 35
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 2     Community development statement
     s. 22



1                 (b)   an amendment of a community development statement.
2          (2)   The application must be accompanied by --
3                 (a) if it is an application for approval of a community
4                       development statement --
5                          (i) a statement of the grounds on which it is
6                               proposed that subdivision by a community
7                               scheme is an appropriate form of subdivision for
8                               the particular land; and
9                         (ii) a draft community development statement;
10                      and
11                (b) if it is an application for approval of an amendment of a
12                      community development statement --
13                         (i) a draft amendment of the community
14                              development statement (in the form of a separate
15                              textual amendment that directly changes the
16                              material in the statement or a marked up version
17                              of the statement showing the changes); and
18                        (ii) a consolidated version of the community
19                              development statement including the
20                              amendments; and
21                       (iii) if the community scheme has been registered,
22                              evidence to the satisfaction of the Planning
23                              Commission that the tier 1 corporation has by
24                              special resolution approved of the amendment.
25         (3)   The Planning Commission may require the applicant to provide
26               additional information reasonably required for determination of
27               the application.
28         (4)   If the additional information is not provided, the Planning
29               Commission may refuse the application.

30   22.         Comments from local government and others
31         (1)   Within 7 days after an application for approval of a community
32               development statement or an amendment of a community

     page 36
                                                    Community Titles Bill 2018
                                      Planning and development          Part 3
                                Community development statement    Division 2
                                                                          s. 23



1                development statement is made to the Planning Commission,
2                the Planning Commission must refer the application for
3                comment to --
4                  (a) each local government in whose district the land is
5                        situated; and
6                  (b) each public authority or utility service provider the
7                        performance of whose functions the Planning
8                        Commission considers may be affected by the
9                        subdivision of the land.
10         (2)   A local government to which an application is referred may, and
11               must, if the Planning Commission so requires, advertise the
12               application for public comment.
13         (3)   A referral or advertisement of an application must --
14                (a) be accompanied by a copy of the draft community
15                       development statement or amendment of the community
16                       development statement or specify how a copy of the
17                       draft may be obtained; and
18                (b) specify how comments may be made and the period
19                       within which they must be made.
20         (4)   The regulations may specify a minimum period that must be
21               allowed for comments to be made.
22         (5)   If comments are received by a local government, the comments
23               must be passed on to the Planning Commission.
24         (6)   The Planning Commission must give due regard to comments
25               received on the application within the period for comment or
26               such longer period as the Planning Commission allows.

27   23.         Decision as to appropriate form of subdivision
28         (1)   On an application to approve a community development
29               statement, the Planning Commission must decide whether
30               subdivision by a community scheme is an appropriate form of
31               subdivision for the particular land.


                                                                        page 37
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 2     Community development statement
     s. 24



1          (2)   In making that decision, the Planning Commission must have
2                due regard --
3                  (a) to relevant State planning policies; and
4                  (b) to planning schemes or interim development orders that
5                       have effect in the locality in which the land is situated;
6                       and
7                  (c) to whether some other form of subdivision of land or no
8                       subdivision would be more appropriate in the
9                       circumstances to achieve orderly and proper planning,
10                      and the preservation of the amenity, of the locality in
11                      which the land is situated; and
12                 (d) to comments received under section 22; and
13                 (e) to any other matter set out in the regulations.
14         (3)   The Planning Commission must not make a decision that
15               conflicts with a relevant State planning policy or a planning
16               scheme or interim development order that has effect in the
17               locality in which the land is situated.
18         (4)   If the Planning Commission decides that subdivision by a
19               community scheme is not an appropriate form of subdivision for
20               the particular land, the Planning Commission must refuse the
21               application and give the applicant written notice of the refusal
22               and the reasons for the refusal.

23   24.         Approval of community development statement or
24               amendment
25         (1)   A community development statement, or an amendment of a
26               community development statement must not be approved if it
27               would conflict with a State planning policy or a planning
28               scheme or interim development order that has effect in the
29               locality in which the land is situated.
30         (2)   The Planning Commission may approve a draft community
31               development statement, or an amendment of a community
32               development statement, subject to the condition that the draft


     page 38
                                                     Community Titles Bill 2018
                                       Planning and development          Part 3
                                 Community development statement    Division 2
                                                                           s. 25



1                must be modified in a specified manner and returned to the
2                Planning Commission within a specified period.
3          (3)   If a condition is imposed, the applicant must provide the
4                Planning Commission with the following --
5                   (a) a copy of the draft modified in the specified manner
6                        within the specified period;
7                  (b) if the community scheme has been registered, evidence
8                        to the satisfaction of the Planning Commission that the
9                        tier 1 corporation has by special resolution approved of
10                       the modified draft within the specified period.
11         (4)   If subsection (3) is not complied with within the specified
12               period or such longer period as the Planning Commission
13               allows, the approval of the Planning Commission ceases to have
14               effect.
15         (5)   The date of approval of a community development statement or
16               an amendment of a community development statement is the
17               date on which subsection (3) is complied with or, if there are no
18               conditions of approval, the date on which the approval is given.

19   25.         Content of statement
20         (1)   A community development statement for a community
21               scheme --
22                 (a) must identify the location of the parcel of land
23                     subdivided by the community scheme; and
24                 (b) may specify requirements for subdivision of the land by
25                     the community scheme, including (without limitation)
26                     the following --
27                        (i) limitations on the number of tiers of community
28                             titles schemes belonging to the community
29                             scheme;
30                       (ii) limitations on the type of community titles
31                             schemes (that is, community titles (building)
32                             schemes or community titles (land) schemes);


                                                                          page 39
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 2     Community development statement
     s. 25



1                    (iii)   limitations on the number or location of tier 2
2                            parcels or tier 3 parcels;
3                    (iv)    limitations on the number, size or arrangement of
4                            lots;
5                     (v)    requirements for restricted use conditions (but
6                            not if the relevant planning scheme identifies the
7                            land as land that may be used for residential
8                            purposes, so as to prohibit the land being used
9                            for public housing or affordable housing);
10                   (vi)    requirements for the creation of easements or
11                           restrictive covenants or other interests;
12                  (vii)    requirements for land to be vested in the Crown
13                           under the Planning and Development Act 2005
14                           section 152;
15                  (viii)   requirements for roads to be delineated as new
16                           roads and dedicated under the Planning and
17                           Development Act 2005 section 168;
18                   (ix)    other arrangements for acquisition or
19                           management of land by a local government or
20                           public authority;
21                    (x)    open space requirements;
22                   (xi)    requirements for money to be paid to local
23                           government in lieu of setting aside land and
24                           vesting it in the Crown for parks, recreation
25                           grounds or open spaces under the Planning and
26                           Development Act 2005 section 153;
27                  (xii)    requirements for development contributions to
28                           fund public infrastructure;
29                  (xiii)   requirements that will or may apply under the
30                           Planning and Development Act 2005;
31                  and




     page 40
                                       Community Titles Bill 2018
                         Planning and development          Part 3
                   Community development statement    Division 2
                                                             s. 25



1    (c)   may specify requirements for development of the land as
2          a community scheme, including (without limitation) the
3          following --
4             (i) limitations as to the location and scale of
5                   improvements (including the number of levels in,
6                   and heights of, scheme buildings);
7            (ii) requirements for the provision of utility
8                   infrastructure, sustainability infrastructure or
9                   other infrastructure;
10          (iii) requirements for landscaping;
11          (iv) architectural and design themes;
12           (v) requirements for the collection and disposal of
13                  waste;
14         and
15   (d)   may specify requirements for a plan for the provision of
16         utility services in the community scheme and for utility
17         infrastructure to be constructed, commissioned and
18         maintained in accordance with standards or documents
19         specified by utility service providers; and
20   (e)   may specify requirements for the staging and
21         sequencing of subdivision and development of the land
22         by the community scheme, including (without
23         limitation) for each stage the following --
24            (i) requirements for when the stage must be
25                  commenced or completed;
26           (ii) arrangements for movement to, from and within
27                  the land for occupiers of existing lots and
28                  visitors;
29          (iii) arrangements for the continued provision of
30                  utility services to existing lots and common
31                  property and for access to existing infrastructure
32                  and common property;
33          (iv) the works required to be completed, including
34                  those required for utility services;

                                                              page 41
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 2     Community development statement
     s. 26



1                         (v)    the community titles schemes or amendments of
2                                community titles schemes required to be
3                                registered;
4                        and
5                  (f)   may specify requirements for a planning (scheme
6                        by-laws) condition to be imposed on approval of a
7                        community titles scheme or an amendment of a
8                        community titles scheme; and
9                 (g)    must include any other information specified in the
10                       regulations; and
11                (h)    may include any other matter considered appropriate by
12                       the Planning Commission.
13         (2)   The regulations may include model provisions that can be
14               included in a community development statement.
15         (3)   A community development statement may refer to, or
16               incorporate, wholly or partially and with or without
17               modification, a State Planning Policy, an Australian Standard
18               published by Standards Australia, or a document of a class
19               specified in the regulations, as in force at a specified time or, if
20               allowed by the regulations in a particular case, as in force from
21               time to time.
22         (4)   A community development statement or an amendment of a
23               community development statement must --
24                 (a) be in the approved form; and
25                 (b) be endorsed with the date of its approval by the Planning
26                     Commission.

27   26.         Development period for community scheme
28         (1)   The development period for a community scheme is 10 years
29               (or, if some other period is fixed in the regulations, that period)
30               after registration of the tier 1 scheme belonging to the
31               community scheme.



     page 42
                                              Community Titles Bill 2018
                                Planning and development          Part 3
                          Community development statement    Division 2
                                                                    s. 26



1    (2)   The Planning Commission may extend the development period
2          for a community scheme on the application of an applicant for a
3          planning approval for a subdivision affecting the community
4          scheme or a person who proposes to make such an application.
5    (3)   An application for an extension of a development period for a
6          community scheme must --
7            (a) be made at least 6 months before the expiry of the
8                 development period (although the Planning Commission
9                 may accept a late application); and
10           (b) be accompanied by a copy of a special resolution of the
11                tier 1 corporation approving the extension of the
12                development period.
13   (4)   If the Planning Commission accepts an application made after
14         the development period for a community scheme has already
15         expired, the Planning Commission may require the applicant to
16         provide a draft of an amendment of the community development
17         statement for approval of the Planning Commission and for
18         registration with the community titles scheme or amendment of
19         the community titles scheme proposed by the applicant.
20   (5)   The Planning Commission must refer the application for
21         comment to --
22           (a) each local government in whose district the land is
23                situated; and
24           (b) each public authority or utility service provider the
25                performance of whose functions the Planning
26                Commission considers may be affected by the extension
27                of the development period.
28   (6)   A local government to which an application is referred may, and
29         must, if the Planning Commission so requires, advertise the
30         application for public comment.




                                                                  page 43
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 2     Community development statement
     s. 27



1          (7)   A referral or advertisement of an application must --
2                 (a) be accompanied by a copy of any draft amendment of
3                        the community development statement or specify how a
4                        copy of the draft may be obtained; and
5                 (b) specify how comments may be made and the period
6                        within which they must be made.
7          (8)   The regulations may specify a minimum period that must be
8                allowed for comments to be made.
9          (9)   If comments are received by a local government, the comments
10               must be passed on to the Planning Commission.
11    (10)       The Planning Commission must give due regard to comments
12               received on the application within the period for comment or
13               such longer period as the Planning Commission allows.
14    (11)       If the Planning Commission extends the development period for
15               a community scheme, the Planning Commission must lodge
16               with the Registrar of Titles notice in the approved form of the
17               new date on which the development period ends.
18    (12)       The new date has effect when it is recorded for the scheme in
19               the Register.

20   27.         Statement or amendment ceases to have effect in certain
21               circumstances
22         (1)   A community development statement ceases to have effect if, at
23               the end of 4 years after approval of a community development
24               statement for a community scheme --
25                 (a) the tier 1 scheme has not been registered; and
26                 (b) there is no application for registration of the tier 1
27                       scheme lodged with the Registrar of Titles that has not
28                       been finally determined.
29         (2)   An amendment of the community development statement ceases
30               to have effect if, at the end of 4 years after approval of an
31               amendment of the community development statement proposed

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                                                     Community Titles Bill 2018
                                       Planning and development          Part 3
                                 Community development statement    Division 2
                                                                           s. 28



1                to be registered with a community titles scheme or an
2                amendment of a community titles scheme to give effect to a
3                subdivision of land --
4                  (a) the community titles scheme or amendment of the
5                        community titles scheme has not been registered; and
6                  (b) there is no application for registration of the community
7                        titles scheme or amendment of the community titles
8                        scheme lodged with the Registrar of Titles that has not
9                        been finally determined.
10         (3)   The Planning Commission can, on its own initiative, declare
11               that a community development statement for a community
12               scheme ceases to have effect if the development period for the
13               community scheme has expired.
14         (4)   If the Planning Commission declares that a community
15               development statement ceases to have effect it must give notice
16               of the declaration in the approved form to the Registrar of
17               Titles.
18         (5)   The declaration has effect when it is recorded for the scheme in
19               the Register.

20   28.         Availability of statement
21         (1)   The Planning Commission must ensure that an up-to-date
22               version of each community development statement as approved
23               by the Planning Commission (consolidated so as to include any
24               amendments) is available to members of the public free of
25               charge from an official location on the internet.
26         (2)   To the extent of any inconsistency between a community
27               development statement published under this section and a
28               community development statement incorporated in the Register,
29               the statement incorporated in the Register prevails.




                                                                          page 45
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 3     Planning approvals
     s. 29



1                        Division 3 -- Planning approvals
2    29.         Planning approvals
3          (1)   For subdivision of land by a community scheme, an application
4                must be made under the Planning and Development Act 2005
5                Part 10 for --
6                  (a) approval of a plan of subdivision as if it were an
7                        application for approval to subdivide land under that
8                        Act; and
9                 (b) as necessary in the circumstances, approval of
10                       development.
11         (2)   A person may submit to the Planning Commission a scheme
12               plan, or an amendment of a scheme plan, for a community titles
13               scheme giving effect to a subdivision of land for which there is
14               an approval of a plan of subdivision under the Planning and
15               Development Act 2005 and request the Planning Commission to
16               approve the plan or amendment.
17         (3)   Such a request is to be dealt with under the Planning and
18               Development Act 2005 as if it were a request for approval of a
19               diagram or plan of survey of the subdivision under section 145
20               of that Act.

21   30.         Modification of Planning and Development Act
22         (1)   For this Division, the Planning and Development Act 2005
23               applies subject to the following modifications --
24                 (a) a reference to subdivision is to be read as including
25                       subdivision of land by a community titles scheme as
26                       referred to in section 14;
27                 (b) a reference to a diagram or plan of survey of the
28                       subdivision is to be read as a reference to the scheme
29                       plan, or an amendment of the scheme plan, for the
30                       community titles scheme;
31                 (c) a reference to a lot is to be read as including a reference
32                       to a lot within the meaning of this Act;

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                                          Community Titles Bill 2018
                            Planning and development          Part 3
                                   Planning approvals    Division 3
                                                                s. 30



1    (d)   the Act is to be read as requiring the applicant to provide
2          a copy of an application for a planning approval for a
3          community titles scheme made after the community
4          corporation for the scheme has come into existence to be
5          given to the community corporation;
6    (e)   without limiting the conditions of an approval of a plan
7          of subdivision or a development approval, the Act is to
8          be read as providing that the conditions may include a
9          planning (scheme by-laws) condition;
10   (f)   the Act is to be read as if the Tribunal has jurisdiction to
11         carry out a review in accordance with the Planning and
12         Development Act 2005 Part 14 of a refusal of a body to
13         approve the amendment or revocation of scheme
14         by-laws as required by a planning (scheme by-laws)
15         condition;
16   (g)   the Act is to be read as requiring an application for
17         approval of a scheme plan or an amendment of the
18         scheme plan to be accompanied by --
19            (i) the scheme notice or any amendment of the
20                scheme notice proposed to be submitted for
21                registration with the scheme plan or amendment
22                of the scheme plan; and
23           (ii) any existing scheme by-laws made under a
24                planning (scheme by-laws) condition; and
25          (iii) for subdivision of land by a community titles
26                (building) scheme, an occupancy permit or
27                building approval certificate granted under the
28                Building Act 2011 Part 4 Division 3 for each
29                scheme building constructed or modified for the
30                subdivision (as the case requires);




                                                              page 47
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 3     Planning approvals
     s. 30



1              (h)   the Act is to be read as providing that the Planning
2                    Commission may refuse to endorse the scheme plan, or
3                    an amendment of the scheme plan, for a community
4                    titles scheme with the approval of the subdivision unless
5                    the Planning Commission is satisfied that --
6                       (i) the scheme plan or amendment of the scheme
7                             plan is an accurate depiction of the subdivision
8                             that has been prepared after completion of the
9                             works necessary for the subdivision and, for a
10                            community titles (building) scheme, the
11                            construction or modification of the scheme
12                            buildings necessary for the subdivision; and
13                     (ii) the subdivision and development has been
14                            undertaken consistently with --
15                                 (I) the community development statement;
16                                      and
17                                (II) any utility services plan required by that
18                                      statement; and
19                               (III) the approval of the plan of subdivision
20                                      under the Planning and Development
21                                      Act 2005 (including its conditions); and
22                              (IV) any relevant approval of development
23                                      under the Planning and Development
24                                      Act 2005 (including its conditions);
25                            and
26                    (iii) the requirements of the Building Act 2011 have
27                            been complied with for the development; and
28                    (iv) any restricted use condition proposed to be
29                            imposed by the scheme plan or amendment of
30                            the scheme plan is suitable for the community
31                            titles scheme; and
32                     (v) scheme by-laws have been or are proposed to be
33                            made in accordance with any planning (scheme
34                            by-laws) condition;


     page 48
                                                  Community Titles Bill 2018
                                    Planning and development          Part 3
                                           Planning approvals    Division 3
                                                                        s. 30



1            (i)   section 145(2) of the Act is to be read as if the
2                  prescribed period were defined as 4 years;
3            (j)   section 145(6) of the Act is to be read as not applying to
4                  a community scheme until the end of the development
5                  period for the scheme;
6           (k)    section 146(2) of the Act is to be read as if a title
7                  application were an application for registration of a
8                  community titles scheme or an amendment of a
9                  community titles scheme to give effect to the
10                 subdivision;
11           (l)   section 152(3) of the Act is to be read as if it provided
12                 that land vested under section 152(1) does not form part
13                 of a tier parcel;
14          (m)    section 159 of the Act is to be read as if a reference to a
15                 lot or lots were a reference to a lot, tier parcel or
16                 common property;
17          (n)    sections 165, 167 and 168 are to be read so as to apply
18                 to scheme plans in the same way as they apply to plans
19                 lodged under the Strata Titles Act 1985;
20          (o)    any other modifications set out in the regulations.
21   (2)   Subsection (1)(h) does not derogate from any other ground on
22         which the Planning Commission may refuse to approve the
23         scheme plan for a community titles scheme under the Planning
24         and Development Act 2005.
25   (3)   The Planning Commission may, by written notice, require a
26         local government, public authority or utility services provider to
27         provide a certificate (in a form approved by the Planning
28         Commission) as to compliance for subsection (1)(h) within a
29         period specified in the regulations.
30   (4)   The Planning Commission may rely on a certificate provided as
31         proof of the matters certified in the certificate.




                                                                      page 49
     Community Titles Bill 2018
     Part 3         Planning and development
     Division 4     Miscellaneous
     s. 31



1          (5)   The Planning Commission must have due regard to a certificate
2                provided within the period specified in the notice or such longer
3                period as the Planning Commission may allow.
4          (6)   The regulations may specify relevant factors for determining
5                whether the construction or modification of a scheme building
6                has been completed.

7    31.         Approval of modification of restricted use condition
8          (1)   The approval of the Planning Commission is required for the
9                amendment of the scheme plan for a community titles scheme
10               so as to impose, vary or revoke a restricted use condition.
11         (2)   The approval may be applied for and given in conjunction with an
12               approval of a plan of subdivision or by separate application.

13   32.         Approval under planning (scheme by-laws) condition
14         (1)   If, in accordance with scheme by-laws required under a
15               planning (scheme by-laws) condition, the amendment or repeal
16               of scheme by-laws requires the approval of the Planning
17               Commission or a local government, an application for that
18               approval can be made under this Part.
19         (2)   The approval may be applied for and given in conjunction with an
20               application for a planning approval or by separate application.

21                           Division 4 -- Miscellaneous
22   33.         Applications under Part
23         (1)   An application under this Part must --
24                (a) be made in writing to the Planning Commission or local
25                      government (as the case requires); and
26                (b) be in the form approved by the Planning Commission or
27                      local government (as the case requires); and




     page 50
                                                       Community Titles Bill 2018
                                         Planning and development          Part 3
                                                    Miscellaneous     Division 4
                                                                             s. 34



1                 (c)   be accompanied by any information required by the
2                       Planning Commission or local government (as the case
3                       requires); and
4                 (d)   be accompanied by the fee fixed by the regulations.
5          (2)   The Planning Commission or local government may require the
6                applicant to provide additional information reasonably required
7                for determining the application.
8          (3)   An application may be refused if the applicant does not comply
9                with a requirement for additional information.

10   34.         Review of decisions
11         (1)   A person who has made an application under this Part may
12               apply to the Tribunal for a review of --
13                 (a) a decision to refuse to approve the application, including
14                       by --
15                          (i) making a decision that subdivision by a
16                              community scheme is not an appropriate form of
17                              subdivision for the land the subject of the
18                              application; or
19                         (ii) refusing to extend the development period for a
20                              community scheme; or
21                        (iii) refusing to approve an amendment or repeal of
22                              scheme by-laws;
23                       or
24                 (b) a decision to approve a draft community development
25                       statement or an amendment of a community
26                       development statement subject to conditions.
27         (2)   The Tribunal has jurisdiction to carry out the review in
28               accordance with the Planning and Development Act 2005
29               Part 14.
30         (3)   Part 12 does not apply to a proceeding under this section (which
31               is a proceeding within the Tribunal's review jurisdiction).


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     Community Titles Bill 2018
     Part 3         Planning and development
     Division 4     Miscellaneous
     s. 34



1       (4)    If at the end of 120 days after an application is made under
2              section 21 (or any longer period agreed with an applicant), the
3              Planning Commission has not made a decision under section 23
4              or 24, the applicant may give written notice of default to the
5              Planning Commission.
6       (5)    If at the end of 28 days after an application is made under
7              section 26(2) (or any longer period agreed with an applicant),
8              the Planning Commission has not made a decision on the
9              application, the applicant may give written notice of default to
10             the Planning Commission.
11      (6)    If a notice of default is given to the Planning Commission, the
12             applicant may apply to the Tribunal for a review, in accordance
13             with the Planning and Development Act 2005 Part 14, as if the
14             Planning Commission had refused to approve the application on
15             the day on which the notice of default was given to the Planning
16             Commission.




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                                                     Community Titles Bill 2018
                                              Scheme documents           Part 4
                                                  Scheme notice     Division 1
                                                                           s. 35



1                        Part 4 -- Scheme documents
2                           Division 1 -- Scheme notice
3    35.         Scheme notice
4          (1)   A scheme notice for a community titles scheme must --
5                 (a) specify the name of the community corporation; and
6                 (b) specify the address for service of the community
7                      corporation.
8          (2)   A scheme notice, or an amendment of a scheme notice, for a
9                community titles scheme must be in the approved form.
10         (3)   On registration of a scheme notice, the community corporation
11               for the community titles scheme must give a copy of the scheme
12               notice to each related community corporation.

13   36.         Name and address for service of community corporation
14         (1)   A scheme notice, or an amendment of a scheme notice to alter
15               the name of the community corporation, must not be registered
16               if the Registrar of Titles is satisfied that the name of the
17               community corporation is undesirable or does not comply with a
18               naming convention set out in the regulations.
19         (2)   An amendment of a scheme notice to alter the name of the
20               community corporation must not be registered unless the
21               amendment is authorised by special resolution of the
22               community corporation.
23         (3)   An amendment of a scheme notice to alter the address for
24               service of the community corporation must not be registered
25               unless the amendment is authorised by ordinary resolution of
26               the community corporation.
27         (4)   On registration of an amendment of a scheme notice, the
28               community corporation for the community titles scheme must
29               give written notice of the amendment to each related community
30               corporation.

                                                                        page 53
     Community Titles Bill 2018
     Part 4         Scheme documents
     Division 2     Scheme plan
     s. 37



1                             Division 2 -- Scheme plan
2    37.         Scheme plan
3          (1)   A scheme plan for a community titles scheme must --
4                 (a) specify the address of the tier parcel; and
5                 (b) identify the title to the land that is to be the tier parcel;
6                      and
7                 (c) specify whether the scheme is a tier 1 scheme, tier 2
8                      scheme or tier 3 scheme; and
9                 (d) specify whether the scheme is a community titles
10                     (building) scheme or a community titles (land) scheme;
11                     and
12                (e) enable each lot in the scheme to be separately identified
13                     and located; and
14                 (f) define the boundaries of each lot as set out in section 11
15                     depending on whether the scheme is a community titles
16                     (building) scheme or a community titles (land) scheme;
17                     and
18                (g) if land is or is to be vested in the Crown under the
19                     Planning and Development Act 2005 section 152,
20                     delineate that land; and
21                (h) delineate areas that are roads or are to become new
22                     roads for the Planning and Development Act 2005
23                     section 168; and
24                 (i) identify the nature and extent of any part of a wall or
25                     building or material attached to a wall or building that
26                     encroaches on land outside the tier parcel and --
27                        (i) if an encroachment is to be controlled and
28                             managed as if it were common property, or as if
29                             it were part of a specified lot or specified lots, in
30                             the scheme, specify that fact; and
31                       (ii) if an encroachment is to be subject to an
32                             easement, specify that easement.


     page 54
                                               Community Titles Bill 2018
                                         Scheme documents          Part 4
                                              Scheme plan     Division 2
                                                                     s. 37



1    (2)   A scheme plan, or an amendment of a scheme plan, for a
2          community titles scheme may --
3            (a) restrict the purposes for which the whole or a part of the
4                parcel may be used (a restricted use condition); and
5            (b) in the case of an amendment --
6                   (i) describe, by reference to a lease accepted by the
7                         community corporation under section 78, land
8                         that is temporary common property in the
9                         scheme; and
10                 (ii) delete land from the description of temporary
11                        common property by referring to the surrender
12                        by the community corporation of the lease of the
13                        land under section 78;
14               and
15           (c) delineate or record easements (other than statutory
16               easements) and restrictive covenants over the tier parcel,
17               including --
18                  (i) short form easements or restrictive covenants;
19                        and
20                 (ii) easements created under the Planning and
21                        Development Act 2005 section 167; and
22                (iii) easements and restrictive covenants created
23                        under the Transfer of Land Act 1893 Part IVA;
24               and
25           (d) delineate different areas of common property and
26               allocate a reference number (being a unique series of
27               numbers or letters or both numbers and letters) to those
28               areas.
29   (3)   A scheme plan, or an amendment of a scheme plan, for a
30         community titles scheme --
31           (a) may consist of multiple plans, drawings and documents
32               containing descriptions or other matters; and
33           (b) must be in the approved form; and

                                                                   page 55
     Community Titles Bill 2018
     Part 4         Scheme documents
     Division 2     Scheme plan
     s. 38



1                  (c)   must be prepared and certified by a licensed surveyor
2                        (except for an amendment that relates only to a
3                        restricted use condition or temporary common property
4                        and does not involve any aspect of survey).
5          (4)   A licensed surveyor must comply with the regulations and
6                Transfer of Land Act requirements in preparing and certifying a
7                scheme plan for a community titles scheme.

8    38.         Short form easements or restrictive covenants
9          (1)   A scheme plan for a community titles scheme may contain an
10               easement or restrictive covenant of a class specified in the
11               regulations (a short form easement or restrictive covenant) that
12               benefits or burdens land in the tier parcel as follows --
13                 (a) the type of easement or restrictive covenant must be
14                       identified using the description specified in the
15                       regulations;
16                 (b) for an easement, its location must be delineated in the
17                       manner specified in the regulations;
18                 (c) the lots and common property benefited and burdened
19                       by the easement or restrictive covenant must be
20                       identified in the manner specified in the regulations;
21                 (d) any other requirements specified in the regulations must
22                       be complied with.
23         (2)   The nature of a short form easement or restrictive covenant and
24               the rights and liabilities under the easement or restrictive
25               covenant are as specified in the regulations.
26         (3)   The liabilities specified in the regulations may include positive
27               obligations.
28         (4)   A short form easement or restrictive covenant runs with the land
29               and is binding --
30                 (a) to the extent that common property is benefited or
31                       burdened by the easement or restrictive covenant, on the
32                       owners, from time to time, of lots in the community

     page 56
                                                     Community Titles Bill 2018
                                               Scheme documents          Part 4
                                                    Scheme plan     Division 2
                                                                           s. 39



1                       titles scheme or in a community titles scheme that
2                       belongs to the scheme; and
3                 (b)   to the extent that lots are benefited or burdened by the
4                       easement or restrictive covenant, on the owners, from
5                       time to time, of those lots.
6          (5)   A short form easement or restrictive covenant comes into force
7                when the scheme plan, or an amendment of the scheme plan, for
8                the community titles scheme containing the easement or the
9                restrictive covenant is registered.
10         (6)   A short form easement or restrictive covenant is discharged
11               by --
12                 (a) registration of an amendment of the scheme plan to give
13                      effect to the discharge; or
14                (b) termination of the community titles scheme.
15         (7)   A short form easement or restrictive covenant has effect even if
16               the lot benefited and the lot burdened have the same owner.
17         (8)   The Property Law Act 1969 section 121 does not apply to a
18               short form easement or restrictive covenant.
19         (9)   This section does not derogate from any other method by which
20               an easement or restrictive covenant may be created in a
21               community titles scheme.

22   39.         Requirements for registration of scheme plan
23               A scheme plan for a community titles scheme must not be
24               registered unless --
25                 (a) for a tier 1 scheme -- the owner of the parcel to be
26                       subdivided by the scheme is the applicant for
27                       registration or has given written consent to the
28                       subdivision of the parcel by the scheme; and
29                 (b) for a tier 2 or tier 3 scheme -- the owner of the lot that
30                       is to be subdivided by the scheme is the applicant for



                                                                           page 57
     Community Titles Bill 2018
     Part 4         Scheme documents
     Division 2     Scheme plan
     s. 40



1                        registration or has given written consent to the
2                        subdivision of the lot by the scheme; and
3                 (c)    the holder of each type 1 interest, or type 2 interest, over
4                        the whole or a part of the parcel of land or lot to be
5                        subdivided by registration of the scheme --
6                           (i) has been given notice in the approved form of
7                                 the subdivision and schedule of unit entitlements;
8                                 and
9                          (ii) has given written consent to the subdivision;
10                       and
11                (d)    the scheme plan is approved by the Planning
12                       Commission; and
13                (e)    for a community titles (building) scheme, the scheme
14                       plan is accompanied by an occupancy permit or building
15                       approval certificate under the Building Act 2011 Part 4
16                       Division 3 for each scheme building; and
17                 (f)   if the scheme plan identifies an encroachment that is not
18                       on to a public road, street or way and is to be managed
19                       and controlled as if it were common property or part of a
20                       lot or lots, an appropriate easement has been granted and
21                       lodged with the Registrar of Titles.

22   40.         Requirements for registration of amendment of scheme plan
23         (1)   An amendment of a scheme plan for a community titles scheme
24               must not be registered unless --
25                (a) to the extent that the amendment gives effect to a
26                      subdivision of land and affects the common property in
27                      the scheme -- the amendment is authorised by special
28                      resolution of the community corporation; and




     page 58
                                       Community Titles Bill 2018
                                 Scheme documents          Part 4
                                      Scheme plan     Division 2
                                                             s. 40



1    (b)   to the extent that the amendment gives effect to a
2          subdivision of land and affects a lot in the scheme --
3             (i) each owner of a lot affected by the amendment
4                  who is not an applicant for registration of the
5                  amendment --
6                      (I) has been given notice in the approved
7                            form of the subdivision and any
8                            associated amendment of the schedule
9                            of unit entitlements; and
10                    (II) has given written consent to the
11                           amendment;
12                 and
13           (ii) the holder of each type 1 interest over the whole
14                 or a part of a lot affected by the amendment --
15                     (I) has been given notice in the approved
16                           form of the amendment and any
17                           associated amendment of the schedule
18                           of unit entitlements; and
19                    (II) has given written consent to the
20                           amendment;
21                 and
22          (iii) the holder of each type 2 interest over the whole
23                 or a part of a lot affected by the amendment --
24                     (I) has been given notice in the approved
25                           form of the amendment and any
26                           associated amendment of the schedule
27                           of unit entitlements; and
28                    (II) either --
29                             (A) has given written consent to the
30                                    amendment; or




                                                           page 59
     Community Titles Bill 2018
     Part 4         Scheme documents
     Division 2     Scheme plan
     s. 40



1                                      (B)   has not, at the end of 60 days
2                                            after being given notice, made a
3                                            written objection to the
4                                            amendment;
5                    and
6              (c)   to the extent that the amendment gives effect to a
7                    subdivision of land --
8                       (i) the amendment of the scheme plan is approved
9                            by the Planning Commission; and
10                     (ii) for a community titles (building) scheme, the
11                           amendment of the scheme plan is accompanied
12                           by an occupancy permit or building approval
13                           certificate under the Building Act 2011 Part 4
14                           Division 3 for each scheme building affected by
15                           the amendment;
16                   and
17             (d)   to the extent that the amendment imposes, varies or
18                   revokes a restricted use condition, the imposition,
19                   variation or revocation --
20                      (i) has been approved by the Planning Commission
21                           under section 31; and
22                     (ii) is authorised by special resolution of the
23                           community corporation;
24                   and
25             (e)   to the extent that the amendment describes land as
26                   temporary common property in the scheme --
27                      (i) the acceptance of the lease of the temporary
28                           common property by the community corporation
29                           is authorised by special resolution of the
30                           community corporation; and




     page 60
                                        Community Titles Bill 2018
                                  Scheme documents          Part 4
                                       Scheme plan     Division 2
                                                              s. 40



1           (ii)   the holder of each type 1 interest over the land
2                  leased as temporary common property --
3                      (I) has been given notice in the approved
4                           form of the lease; and
5                     (II) has given written consent to the lease;
6                  and
7          (iii)   the holder of each type 2 interest over the land
8                  leased as temporary common property --
9                      (I) has been given notice in the approved
10                          form of the lease; and
11                    (II) either --
12                            (A) has given written consent to the
13                                  lease; or
14                             (B) has not, at the end of 60 days
15                                  after being given notice, made a
16                                  written objection to the lease;
17         and
18   (f)   to the extent that the amendment deletes land from the
19         description of land as temporary common property --
20         the surrender of the lease of the temporary common
21         property by the community corporation is authorised by
22         special resolution of the community corporation; and
23   (g)   to the extent that the amendment creates or discharges
24         an easement or restrictive covenant --
25            (i) for a short form easement or restrictive
26                 covenant -- the amendment is approved by the
27                 Planning Commission; and
28           (ii) in the case of an amendment affecting the
29                 common property -- the amendment is
30                 authorised by special resolution of the
31                 community corporation; and




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1                        (iii)   in the case of an amendment affecting a lot --
2                                the owner of the lot has given written consent to
3                                the amendment; and
4                         (iv)   the holder of each type 1 interest over common
5                                property, or a lot, affected by the amendment --
6                                    (I) has been given notice in the approved
7                                          form of the amendment; and
8                                   (II) has given written consent to the
9                                          amendment;
10                               and
11                        (v)    the holder of each type 2 interest over common
12                               property, or a lot, affected by the amendment --
13                                   (I) has been given notice in the approved
14                                         form of the amendment; and
15                                  (II) either --
16                                           (A) has given written consent to the
17                                                  amendment; or
18                                           (B) has not, at the end of 60 days
19                                                  after being given notice, made a
20                                                  written objection to the
21                                                  amendment;
22                       and
23               (h)     if the amendment of the scheme plan identifies an
24                       encroachment that is not on to a public road, street or
25                       way and is to be managed and controlled as if it were
26                       common property or part of a lot or lots, an appropriate
27                       easement has been granted and lodged with the Registrar
28                       of Titles.
29             Note for this subsection:
30                     For when an amendment of the scheme plan affects the common
31                     property or a lot, see section 3(2).

32      (2)    The Tribunal may, on the application of an applicant for
33             registration of an amendment of a community titles scheme that


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1                involves the amendment of the scheme plan, order that an
2                objection to the application of a person with a type 2 interest be
3                disregarded on the grounds that the objection is unreasonable.
4          (3)   In considering whether an objection is unreasonable, the
5                Tribunal may consider --
6                  (a) the merits of the proposed amendment of the community
7                        titles scheme; and
8                  (b) the grounds for the objection; and
9                  (c) any other factor the Tribunal considers relevant.
10         (4)   If the Tribunal makes such an order, the applicant must lodge a
11               copy of the order certified by the Tribunal with the Registrar of
12               Titles.
13         (5)   The notice of a proposed resolution for an amendment of a
14               scheme plan must include details of the proposed amendment,
15               and any associated amendment of the schedule of unit
16               entitlements, in the approved form.

17                   Division 3 -- Schedule of unit entitlements
18   41.         Schedule of unit entitlements
19         (1)   The schedule of unit entitlements for a community titles scheme
20               must --
21                (a) allocate a whole number (a unit entitlement) to each lot
22                      and each tier parcel in the scheme; and
23                (b) state the number that is the sum of the unit entitlements
24                      of all the lots and tier parcels belonging to the
25                      community titles scheme.
26               Note for this subsection:
27                     The unit entitlement of a lot or tier parcel determines --
28                     •     the interest of the owner of the lot in the common property in the
29                          community scheme: see section 16; and
30                     •     subject to the scheme by-laws, the contributions payable by a
31                          member of the community corporation: see section 88; and



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1                   •    the voting rights that attach to the lot or tier parcel: see
2                       section 106.

3       (2)    When allocated, the relative unit entitlement of a lot or tier
4              parcel must not be greater than 5% more, or 5% less, than the
5              proportion that the value of the lot or tier parcel bears to the sum
6              of the value of all the lots and tier parcels in the community
7              titles scheme to which the lot or tier parcel belongs.
8       (3)    The value of a lot or tier parcel is --
9               (a) in a community titles (building) scheme -- the capital
10                    value; and
11              (b) in a community titles (land) scheme -- the site value.
12      (4)    Without limitation, the regulations --
13              (a) may prescribe matters relating to the determination of
14                   the value of a lot or tier parcel; and
15              (b) may specify a number or a method for determining a
16                   number that the number allocated to a lot or tier parcel
17                   in the schedule of unit entitlements for a community
18                   titles scheme must not be less than.
19      (5)    A schedule of unit entitlements, or an amendment of a schedule
20             of unit entitlements, for a community titles scheme must --
21               (a) be in the approved form; and
22               (b) be prepared and certified by a licensed valuer.
23      (6)    A licensed valuer must comply with the regulations or Transfer
24             of Land Act requirements in preparing and certifying a schedule
25             of unit entitlements for a community titles scheme.
26      (7)    A schedule of unit entitlements, or an amendment of a schedule
27             of unit entitlements, must not be registered unless it is certified
28             by a licensed valuer within a period specified in the regulations
29             before an application is made for registration of the schedule or
30             amendment.




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1    42.         Requirements for registration of amendment of schedule of
2                unit entitlements
3          (1)   An amendment of a schedule of unit entitlements may only be
4                registered --
5                  (a) in conjunction with an amendment of the scheme plan to
6                        give effect to a subdivision; or
7                  (b) if the amendment is authorised by special resolution of
8                        the community corporation; or
9                  (c) if the amendment is authorised by order of the Tribunal.
10         (2)   The Tribunal may, on the application of a community
11               corporation or the owner of a lot in a community titles scheme,
12               authorise the amendment of the schedule of unit entitlements for
13               the scheme if satisfied that, if unit entitlements were to be
14               allocated at the time of the application, the schedule of unit
15               entitlements would require amendment for compliance with
16               section 41(2).
17         (3)   If the Tribunal makes an order under this section, the applicant
18               for the order must lodge a copy of the order certified by the
19               Tribunal with the Registrar of Titles for registration of the
20               amendment of the schedule of unit entitlements.

21                         Division 4 -- Scheme by-laws
22   43.         Scheme by-laws
23         (1)   Scheme by-laws registered when a community titles scheme is
24               registered will be taken to have been made by the community
25               corporation for the community titles scheme.
26         (2)   Subject to this Act, the community corporation may make
27               further scheme by-laws by special resolution.
28         (3)   The power to make scheme by-laws includes power to amend or
29               repeal scheme by-laws in the same manner and on the same
30               conditions as they are made.



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1          (4)   If scheme by-laws purport to be made in exercise of a particular
2                power or powers, they are also taken to be made in exercise of
3                all powers under which they can be made.
4          (5)   Scheme by-laws may refer to, or incorporate, wholly or partially
5                and with or without modification, scheme by-laws for any other
6                community titles scheme in the community scheme as in force
7                from time to time.
8          (6)   Scheme by-laws must be in the approved form.

9    44.         Application of scheme by-laws
10         (1)   Scheme by-laws may apply to the following --
11                 (a) the community corporation for the community titles
12                     scheme;
13                (b) a member, for the time being, of the community
14                     corporation for the community titles scheme;
15                 (c) the members of a community corporation for a
16                     community titles scheme that belongs to the community
17                     titles scheme;
18                (d) an occupier or lessee, for the time being, of a lot in the
19                     community titles scheme;
20                 (e) an occupier or lessee, for the time being, of common
21                     property in the community titles scheme or in a
22                     community titles scheme that belongs to the community
23                     titles scheme;
24                 (f) in the case of exclusive use by-laws --
25                        (i) the owners and occupiers, for the time being, of
26                              special lots; and
27                       (ii) if the special lots are all lots in a community
28                              titles scheme, the community corporation for that
29                              community titles scheme.
30         (2)   Each person to whom scheme by-laws apply must comply with
31               the by-laws as if the by-laws were a deed (signed and sealed by


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1                each person to whom they apply) containing mutual covenants
2                to observe and perform the matters set out in the by-laws.
3          (3)   A lease of a lot or common property in a community titles
4                scheme is taken to contain an agreement by the lessee that the
5                lessee will comply with the scheme by-laws.
6          (4)   The owner, occupier or lessee of a lot or common property in a
7                community titles scheme must take all steps that are reasonable
8                in the circumstances to ensure that every person who they
9                permit to use or who they invite on to the lot or common
10               property complies with by-laws that apply to the owner,
11               occupier or lessee.
12         (5)   Scheme by-laws are not by-laws or subsidiary legislation within
13               the meaning of the Interpretation Act 1984.
14         (6)   An interest created under scheme by-laws does not have effect
15               as an interest registered under the Transfer of Land Act 1893.

16   45.         Content of scheme by-laws
17         (1)     Scheme by-laws --
18                (a) may determine the membership of the council of the
19                     community corporation and establish a scheme for the
20                     appointment or election of members of the council of
21                     the community corporation; and
22                (b) may determine procedures of the council of the
23                     community corporation, including how it holds meetings
24                     and how it makes decisions; and
25                (c) must assign each of the following functions (relating to
26                     procedural matters) to a specified officer of the
27                     community corporation --
28                       (i) the function of presiding at meetings of the
29                            community corporation and making decisions on
30                            quorum or other procedural matters at those
31                            meetings;



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1                     (ii)   the function of presiding at meetings of the
2                            council of the community corporation and
3                            making decisions on quorum or other procedural
4                            matters at those meetings;
5                    and
6              (d)   must assign each of the following functions (relating to
7                    financial matters) to a specified officer of the
8                    community corporation --
9                       (i) the function of receiving, acknowledging,
10                          banking and accounting for money paid to the
11                          community corporation;
12                     (ii) the function of keeping proper accounting
13                          records and preparing financial statements and
14                          budgets for the community corporation;
15                   and
16             (e)   must assign each of the following functions (relating to
17                   matters of administration) to a specified officer of the
18                   community corporation --
19                      (i) the function of notifying members of the
20                          community corporation of contributions to be
21                          raised from them under this Act;
22                     (ii) the function of keeping the records of the
23                          community corporation and of the council of the
24                          community corporation;
25                    (iii) the function of arranging meetings of the
26                          community corporation and of the council of the
27                          community corporation;
28                    (iv) the function of preparing and distributing
29                          minutes of meetings of the community
30                          corporation and of the council of the community
31                          corporation;
32                     (v) the function of giving and receiving notices on
33                          behalf of the community corporation under this
34                          Act;

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1                   (vi)    the function of answering communications
2                           addressed to the community corporation or to the
3                           council of the community corporation;
4                  (vii)    the function of keeping documents and making
5                           them available for inspection as required under
6                           this Act;
7                  (viii)   the function of attending to matters of an
8                           administrative or secretarial nature in connection
9                           with the functions of the community corporation
10                          or the council of the community corporation;
11                 and
12           (f)   for each officer of the community corporation to whom
13                 a function is assigned, must establish a scheme for the
14                 appointment or election of the officer; and
15          (g)    may specify arrangements for the day-to-day control and
16                 management of the common property in the scheme,
17                 including infrastructure on the common property; and
18          (h)    may specify arrangements for the day-to-day control and
19                 management of utility services subject to a utility
20                 service easement.
21   (2)   Scheme by-laws can provide for other matters as contemplated
22         by this Act or as necessary or expedient --
23           (a) for the management, control, use or enjoyment of a lot
24                 or common property in the community titles scheme; or
25          (b) to govern the functions or procedures of the community
26                 corporation; or
27           (c) to manage the relationships between the community
28                 corporation, related community corporations and their
29                 members.
30   (3)   Without limiting subsection (2), scheme by-laws can --
31          (a) prohibit or regulate the conduct of a person on the tier
32               parcel; and



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1                 (b)    require the taking of particular safety or security
2                        measures by members of the community corporation;
3                        and
4                 (c)    provide for, and make rules about, the provision of
5                        services or amenities to owners or occupiers of lots in
6                        the community titles scheme or in a related community
7                        titles scheme, including for the payment of fees and
8                        charges for the services or the use of the amenities; and
9                 (d)    prohibit or regulate the construction or modification of
10                       buildings or improvements on a lot or common property
11                       in the community titles scheme; and
12                (e)    provide for a method of apportioning contributions
13                       between members of the community corporation other
14                       than according to the relative unit entitlements of their
15                       lots and tier parcels for all or specified purposes; and
16                 (f)   include exclusive use by-laws.

17   46.         Exclusive use by-laws
18         (1)   Exclusive use by-laws of a community titles scheme are scheme
19               by-laws that confer exclusive use and enjoyment of, or special
20               privileges over, the common property in the community titles
21               scheme or specified common property in the community titles
22               scheme (the special common property) on the occupiers, for the
23               time being, of the following (the special lots) --
24                 (a) a specified lot or lots in the community scheme;
25                 (b) all lots in a specified community titles scheme belonging
26                       to the community scheme.
27         (2)   Exclusive use by-laws may include the following --
28                (a) terms and conditions on which the occupiers of special
29                      lots may use the special common property;
30                (b) particulars relating to access to the special common
31                      property and the provision and keeping of any key
32                      necessary;


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1            (c)   particulars of the hours during which the special
2                  common property may be used;
3           (d)    provisions relating to the condition, maintenance, repair,
4                  renewal or replacement of the special common property;
5            (e)   provisions relating to insurance of the special common
6                  property to be maintained by the owners of special lots
7                  or, if the special lots are all lots in a community titles
8                  scheme, the community corporation for the community
9                  titles scheme;
10           (f)   matters relating to the determination of amounts payable
11                 to the community corporation by the owners of the
12                 special lots or, if the special lots are all lots in a
13                 community titles scheme, the community corporation
14                 for the community titles scheme, and the imposition and
15                 collection of the amounts;
16          (g)    provision for the expiry of the by-laws.
17   (3)   Exclusive use by-laws may displace obligations that would
18         otherwise fall on the community corporation under its function
19         of managing and controlling the special common property.
20   (4)   An amount payable by a person to a community corporation
21         under exclusive use by-laws must be paid (together with interest
22         on any outstanding amount) and may be recovered by the
23         community corporation, as if --
24           (a) the special lots were lots in the community titles scheme
25                (in a case where that is not so); and
26           (b) the amount payable were an unpaid contribution levied
27                on the person as a member of the community
28                corporation.
29   (5)   Exclusive use by-laws can only be made or amended if the
30         owner of each lot that is or is proposed to be a special lot or, if
31         the special lots are or are proposed to be all of the lots in a
32         community titles scheme, the community corporation for the
33         community titles scheme has given written consent to the
34         by-laws (although they may be repealed without such consent).

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1    47.       Invalidity of scheme by-laws
2              Scheme by-laws are invalid as follows --
3                (a) to the extent that there is no power to make the by-laws;
4               (b) to the extent that they are inconsistent with this Act or
5                    any other written law;
6                (c) to the extent that they are inconsistent with the
7                    community development statement for the community
8                    scheme;
9               (d) to the extent that they are inconsistent with a restricted
10                   use condition;
11               (e) for by-laws for a tier 2 scheme, to the extent that they
12                   are inconsistent with by-laws for the tier 1 scheme to
13                   which the tier 2 scheme belongs;
14               (f) for by-laws for a tier 3 scheme, to the extent that they
15                   are inconsistent with by-laws for a related community
16                   titles scheme;
17              (g) to the extent that they purport to deny or limit the right
18                   of a member of a community corporation to vote on a
19                   proposed resolution of the community corporation other
20                   than by preventing the member from voting on a
21                   resolution that is not required to be a special resolution
22                   if there are outstanding contributions or other amounts
23                   owed by the member to the community corporation;
24              (h) to the extent that they prohibit or restrict the devolution
25                   of a lot or a transfer, lease, mortgage or other dealing
26                   with a lot;
27               (i) to the extent that they purport to discharge or modify an
28                   easement or restrictive covenant;
29               (j) to the extent that they prohibit or restrict the keeping on
30                   a lot of an animal that is used as an assistance animal by
31                   a person with a disability who is an owner or occupier of
32                   a lot;



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1                 (k)    to the extent that they prohibit or restrict the use on the
2                        tier parcel of an assistance animal by a person with a
3                        disability;
4                  (l)   to the extent that, having regard to the interests of all of
5                        the owners of lots in the community titles scheme or in a
6                        community titles scheme that belongs to the community
7                        titles scheme in the use and enjoyment of their lots and
8                        the common property --
9                           (i) they are unfairly prejudicial to, or unfairly
10                                discriminatory against, 1 or more of the owners
11                                of lots; or
12                         (ii) they are oppressive or unreasonable.

13   48.         Enforcement of scheme by-laws
14         (1)   A community corporation may --
15                (a) give a written notice to a person alleged to have
16                    contravened the scheme by-laws; or
17                (b) apply to the Tribunal under this section for an order
18                    enforcing the scheme by-laws if --
19                       (i) the contravention has had serious adverse
20                            consequences for a person other than the person
21                            alleged to have contravened the scheme by-laws;
22                            or
23                      (ii) the person has contravened the particular scheme
24                            by-law on at least 3 separate occasions; or
25                     (iii) the person has been given notice under
26                            paragraph (a) and has contravened the notice.
27         (2)   A written notice given by the community corporation to a
28               person alleged to have contravened the scheme by-laws must --
29                 (a) specify the particular scheme by-law that is alleged to
30                      have been contravened; and
31                 (b) specify the particular facts relied on as evidence of the
32                      contravention; and


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1                (c)   specify the action that must be taken or refrained from
2                      being taken in order to avoid a continuing or further
3                      contravention of the particular scheme by-law; and
4               (d)    contain an explanation of the effect of this section in
5                      terms set out in the regulations.
6       (3)    An application may also be made to the Tribunal for
7              enforcement of scheme by-laws by --
8                (a) a member of the community corporation; or
9                (b) a mortgagee of a lot in the community titles scheme; or
10               (c) an occupier of a lot in the community titles scheme; or
11               (d) for exclusive use by-laws, the owner of a lot that is a
12                    special lot or, if the special lots are all of the lots in a
13                    community titles scheme, the community corporation
14                    for that community titles scheme.
15      (4)    An application can only be made under subsection (3) on the
16             grounds that --
17               (a) if a person other than the community corporation is
18                    alleged to have contravened the scheme by-laws -- the
19                    person has been given notice under subsection (1)(a) and
20                    has contravened the notice; or
21               (b) the contravention has had serious adverse consequences
22                    for a person other than the person alleged to have
23                    contravened the scheme by-laws; or
24               (c) the person has contravened the particular scheme by-law
25                    on at least 3 separate occasions.
26      (5)    The Tribunal may, if satisfied that a person has contravened the
27             scheme by-laws, by order require the person to do 1 or more of
28             the following --
29               (a) pay a specified amount to the community corporation by
30                     way of penalty for the contravention;




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1           (b)    take specified action within a period stated in the order
2                  to remedy the contravention or prevent further
3                  contraventions;
4            (c)   refrain from taking specified action to prevent further
5                  contraventions.
6    (6)   The Tribunal's power to impose a penalty is subject to the
7          following limitations --
8            (a) a penalty must not be imposed on the community
9                 corporation;
10           (b) a penalty may only be imposed if the Tribunal is
11                satisfied of the matters set out in subsection (1)(b)
12                or (4), as the case requires;
13           (c) the penalty must not exceed an amount fixed by the
14                regulations;
15           (d) a daily penalty may be imposed for a continuing
16                contravention only if that is authorised by the
17                regulations.
18   (7)   The regulations may --
19          (a) specify a maximum amount that may be imposed by the
20                Tribunal by way of penalty for contravention of scheme
21                by-laws; and
22          (b) specify circumstances in which a daily penalty may be
23                imposed for a continuing contravention and a maximum
24                amount that may be imposed as a daily penalty.
25   (8)   If an order is made under this section requiring a member of a
26         community corporation to pay an amount to a community
27         corporation, the amount may be recovered by the community
28         corporation, and interest is payable on any outstanding amount,
29         as if --
30            (a) the member were a member of the community
31                 corporation (which may be the case if the order relates
32                 to contravention of exclusive use by-laws); and



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1                 (b)   the amount payable were an unpaid contribution levied
2                       on the member as a member of the community
3                       corporation.
4          (9)   An amount otherwise ordered to be paid by way of penalty
5                under this section is recoverable as a debt in a court of
6                competent jurisdiction.

7    49.         Requirement for registration of amendment to give effect to
8                scheme by-laws
9          (1)   A community corporation must apply to the Registrar of Titles
10               for registration of an amendment of the community titles
11               scheme to register scheme by-laws as soon as reasonably
12               practicable and, in any event, within 3 months, after they are
13               made, amended or repealed.
14         (2)   An amendment of a community titles scheme to give effect to
15               scheme by-laws may only be registered if the scheme by-laws
16               have been made, amended or repealed in accordance with this
17               Division.




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1                    Part 5 -- Registration and land titles
2                Division 1 -- Schemes and amendments of schemes
3    50.          Application for registration
4          (1)    An application for registration of a community titles scheme or
5                 an amendment of a community titles scheme can be made --
6                   (a) for registration to give effect to a subdivision, by the
7                        owner of the parcel of land or lot to be subdivided by the
8                        scheme; or
9                   (b) for registration of an amendment of a community titles
10                       scheme, by --
11                         (i) the community corporation for the scheme; or
12                        (ii) a member of the community corporation for the
13                               scheme.
14                Note for this subsection:
15                      The application must be made within 2 years of subdivision approval
16                      being endorsed on a scheme plan or amendment of the scheme plan
17                      because of the Planning and Development Act 2005 section 146.

18         (2)    An application for registration of a community titles scheme or
19                an amendment of a community titles scheme must --
20                  (a) be lodged with the Registrar of Titles; and
21                  (b) be in the approved form; and
22                  (c) if a community development statement, or an
23                       amendment of the community development statement,
24                       for the community scheme has been approved by the
25                       Planning Commission for registration with the scheme
26                       or amendment, be accompanied by a copy of the
27                       statement or amendment certified by the Planning
28                       Commission; and
29                  (d) be accompanied by --
30                         (i) for registration of a scheme -- the scheme
31                               documents; or


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1                         (ii)   for an amendment of a scheme -- amendments
2                                or replacements of the scheme documents that
3                                require modification as a consequence of the
4                                amendment of the scheme (including, if scheme
5                                by-laws are to be amended, a consolidated
6                                version of the by-laws);
7                        and
8                 (e)    be accompanied by evidence, in the approved form, that
9                        the requirements of this Act for the making and
10                       registration of the scheme documents or amendments of
11                       the scheme documents have been complied with; and
12                 (f)   be accompanied, if applicable, by --
13                          (i) a statement (in the approved form) of how each
14                               item registered or recorded for the scheme in the
15                               Register is to be dealt with; and
16                         (ii) disposition statements, instruments or documents
17                               necessary for that purpose;
18                       and
19                (g)    be accompanied by the fee fixed by the regulations.
20         (3)   The Registrar of Titles may accept an application for
21               registration of a scheme plan or amendment of a scheme plan,
22               or a scheme plan or amendment of a scheme plan for lodgment,
23               before the plan or amendment is endorsed with the approval of
24               the Planning Commission as required under Part 3 Division 3,
25               but the plan or amendment cannot be registered until it is so
26               endorsed.

27   51.         Effect of registration
28         (1)   On registration of a tier 1 scheme --
29                (a) the title to the parcel of land that existed immediately
30                      before registration of the scheme ceases to exist; and
31                (b) a tier 1 parcel is created.



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1    (2)   On registration of a tier 2 scheme --
2           (a) the community title to the tier 1 lot subdivided by the
3                 tier 2 scheme that existed immediately before
4                 registration of the scheme ceases to exist; and
5           (b) a tier 2 parcel is created.
6    (3)   On registration of a tier 3 scheme --
7           (a) the community title to the tier 2 lot subdivided by the
8                 tier 3 scheme that existed immediately before
9                 registration of the scheme ceases to exist; and
10          (b) a tier 3 parcel is created.
11   (4)   A tier parcel cannot be dealt with (including by registration of a
12         mortgage) or disposed of as such under the Transfer of Land
13         Act 1893.
14   (5)   If a title ceases to exist, the certificate of title must be cancelled
15         under the Transfer of Land Act 1893.
16   (6)   On registration of a community titles scheme or an amendment
17         of a community titles scheme to give effect to a subdivision of
18         land --
19           (a) the relevant lots are created, cease to exist or are varied
20                as required by the subdivision; and
21           (b) the relevant common property (if any) comes into
22                existence, ceases to exist or is varied as required by the
23                subdivision.
24   (7)   A scheme document, or an amendment of a scheme document,
25         has effect from when it is registered or recorded by the Registrar
26         of Titles.




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1    52.         Registration process
2          (1)   To register a community titles scheme or an amendment of a
3                community titles scheme, the Registrar of Titles must --
4                  (a) allocate a reference number (being a unique series of
5                       numbers or letters or both numbers and letters) to the
6                       scheme; and
7                  (b) register or record, in the manner that the Registrar
8                       considers appropriate for incorporation in the Register
9                       under the Transfer of Land Act 1893 --
10                         (i) the scheme documents or amendments of the
11                               scheme documents; and
12                        (ii) if a community development statement or an
13                               amendment of a community development
14                               statement has been approved by the Planning
15                               Commission for registration with the community
16                               titles scheme or the amendment of the
17                               community titles scheme -- the statement or
18                               amendment; and
19                       (iii) if the Planning Commission notifies the Registrar
20                               that the development period for a community
21                               scheme is extended -- the new date on which the
22                               development period will end; and
23                       (iv) if the Planning Commission notifies the Registrar
24                               that a registered community development
25                               statement has ceased to have effect -- that fact;
26                      and
27                 (c) as appropriate in the circumstances, register or record a
28                      disposition statement, transfers or other documents
29                      lodged with the application for registration in the
30                      manner that the Registrar considers appropriate for
31                      incorporation in the Register under the Transfer of Land
32                      Act 1893; and




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1                  (d)     on registration of a community titles scheme or an
2                          amendment of a community titles scheme to give effect
3                          to a subdivision of land --
4                             (i) ensure that there is a separate certificate of title
5                                  registered under the Transfer of Land Act 1893
6                                  for each lot in the community titles scheme; and
7                            (ii) create and register or cancel, or enter a memorial
8                                  on, certificates of title as necessary for that
9                                  purpose.
10         (2)   A separate certificate of title is not to be created for common
11               property or for a tier parcel.
12         (3)   The Transfer of Land Act 1893 section 48B does not apply to a
13               certificate of title for a lot in a community scheme.
14         (4)   The Transfer of Land Act 1893 section 166 does not apply to a
15               subdivision of land by a community scheme.
16         (5)   Without limiting how the Registrar of Titles incorporates
17               material into the Register, an item will be taken to be registered
18               or recorded for a community titles scheme in the Register if it is
19               registered or recorded on the scheme plan, a certificate of title
20               for a lot in the scheme or on a separate record of information
21               relating to the scheme.
22               Note for this subsection:
23                       For example, an item may comprise an estate, interest, right,
24                       encumbrance, notification, memorial or caveat.

25   53.         No presumption of validity of scheme by-laws
26         (1)   The Registrar of Titles may, but is not obliged to, examine
27               scheme by-laws lodged for registration for compliance with this
28               Act.
29         (2)   It must not be presumed that, because the Registrar of Titles has
30               registered scheme by-laws, the by-laws are valid or enforceable.
31         (3)   The State does not guarantee the validity or enforceability of
32               scheme by-laws.

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1                        Division 2 -- Statutory easements
2    54.         Easement for support, shelter and projections -- lot
3          (1)   For each lot in a community scheme there is an easement
4                benefiting the lot --
5                  (a) for the subjacent and lateral support of the lot --
6                          (i) by every other lot in the scheme capable of
7                                 affording support; and
8                         (ii) by all the common property in the scheme
9                                 capable of affording support;
10                       and
11                 (b) if the community scheme is a community titles (building)
12                       scheme --
13                         (i) for the support and shelter of the parts of a
14                                scheme building within the lot by every other
15                                part of the scheme building capable of affording
16                                support or shelter; and
17                        (ii) for the projection of window sills, windows,
18                                window awnings, eaves, guttering and other
19                                minor parts of a scheme building within the lot.
20         (2)   The easement entitles the owner of a lot benefited by the
21               easement to examine, maintain, repair, modify and replace the
22               support, shelter or projection to which the easement relates.
23         (3)   The rights conferred by the easement must be exercised so as to
24               minimise, as far as reasonably practicable, interference with the
25               use and enjoyment of lots and common property in the
26               community scheme.
27         (4)   For each lot in a community scheme there is an easement
28               burdening the lot --
29                 (a) for the subjacent and lateral support of --
30                         (i) every other lot in the scheme capable of enjoying
31                               support; and


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1                         (ii)   all the common property in the scheme capable
2                                of enjoying support;
3                       and
4                 (b)   if the community scheme is a community titles (building)
5                       scheme --
6                          (i) for the support and shelter by the parts of a
7                                scheme building within the lot of all other parts
8                                of the scheme building capable of enjoying
9                                support or shelter; and
10                        (ii) for the projection over the lot by window sills,
11                               windows, window awnings, eaves, guttering and
12                               other minor parts of a scheme building within
13                               another lot or the common property.
14         (5)   An owner or occupier of a lot must not do anything or permit
15               anything to be done that would interfere with rights under the
16               easement burdening the lot under this section.
17         (6)   An easement under this section has effect even if the lot
18               benefited and the lot burdened have the same owner.

19   55.         Easement for support, shelter and projections -- common
20               property
21         (1)   For common property in a community scheme there is an
22               easement benefiting the common property --
23                 (a) for the subjacent and lateral support of the common
24                      property --
25                        (i) by every lot in the community scheme capable of
26                             affording support; and
27                       (ii) by all the other common property in the
28                             community scheme capable of affording support;
29                      and




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1               (b)   if the community scheme is a community titles (building)
2                     scheme --
3                        (i) for the support and shelter of the parts of a
4                              scheme building within the common property by
5                              every other part of the scheme building capable
6                              of affording support or shelter; and
7                       (ii) for the projection of window sills, windows,
8                              window awnings, eaves, guttering and other
9                              minor parts of a scheme building within the
10                             common property.
11      (2)    The easement entitles a community corporation for a
12             community titles scheme benefited by the easement to examine,
13             maintain, repair, modify and replace the support, shelter or
14             projection to which the easement relates.
15      (3)    The rights conferred by the easement must be exercised so as to
16             minimise, as far as reasonably practicable, interference with the
17             use and enjoyment of lots and common property in the
18             community scheme.
19      (4)    For common property in a community scheme there is an
20             easement burdening the common property --
21               (a) for the subjacent and lateral support of --
22                      (i) every lot in the community scheme capable of
23                            enjoying support; and
24                     (ii) all the other common property in the community
25                            scheme capable of enjoying support;
26                    and
27               (b) if the community scheme is a community titles (building)
28                    scheme --
29                      (i) for the support and shelter by the parts of a
30                            scheme building within the common property of
31                            all other parts of the scheme building capable of
32                            enjoying support or shelter; and



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1                         (ii)   for the projection over the common property by
2                                window sills, windows, window awnings, eaves,
3                                guttering and other minor parts of a scheme
4                                building within a lot.
5          (5)   A community corporation must not do anything or permit
6                anything to be done that would interfere with rights under the
7                easement burdening the common property under this section.

8    56.         Utility service easement
9          (1)   An easement (a utility service easement) exists for the benefit
10               and burden of each lot and the common property in a
11               community scheme to the extent reasonably required for the
12               provision of utility services to each lot and the common
13               property.
14         (2)   A utility service easement entitles each community corporation,
15               and each owner of a lot, in the community scheme --
16                 (a) to install and remove utility conduits; and
17                 (b) to examine, maintain, repair, modify and replace utility
18                       conduits.
19         (3)   The rights conferred by a utility service easement must be
20               exercised so as to minimise, as far as reasonably practicable,
21               interference with the use and enjoyment of lots and common
22               property in the community scheme.
23         (4)   A community corporation must not interfere or permit
24               interference with utility conduits or a utility service provided by
25               means of utility conduits in a way that may prejudice the use or
26               enjoyment of a lot or the common property, other than --
27                 (a) in the reasonable exercise of rights under a utility
28                       service easement of which it has the benefit; or
29                 (b) in the performance of its function of controlling and
30                       managing common property in its community titles
31                       scheme.



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1          (5)   An owner or occupier of a lot must not, either within or outside
2                the lot, interfere or permit interference with utility conduits or a
3                utility service provided by means of utility conduits in a way
4                that may prejudice the use or enjoyment of another lot or the
5                common property in the community scheme, other than in the
6                reasonable exercise of rights under a utility service easement.
7          (6)   A utility service easement has effect even if the lot benefited
8                and the lot burdened have the same owner.
9          (7)   In any dispute about the location of utility conduits under a
10               utility service easement, the objective must be to resolve the
11               matter fairly taking into account the options that are reasonably
12               available to give effect to the easement.
13         (8)   If, in the course of exercising rights under a utility service
14               easement, the owner of a lot comes into possession of
15               documents specifying the location of utility conduits or other
16               information relating to utility conduits that ought reasonably to
17               be kept by the community corporation, the owner of the lot must
18               ensure that the documents are provided to the community
19               corporation.
20         (9)   If, in the course of exercising rights under a utility service
21               easement, the community corporation comes into possession of
22               documents specifying the location of utility conduits or other
23               information relating to utility conduits that ought reasonably to
24               be kept by the community corporation, the community
25               corporation must keep the documents.

26   57.         Common property infrastructure easement
27         (1)   This section applies if --
28                (a) a community corporation has entered into a contract (an
29                      infrastructure contract) with a person under which the
30                      person owns and operates infrastructure on common
31                      property in the community titles scheme; and




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1           (b)   this section is applied to the infrastructure contract as
2                 follows --
3                    (i) if the infrastructure is utility infrastructure or
4                         sustainability infrastructure, by ordinary
5                         resolution of the community corporation;
6                   (ii) in any other case, by special resolution of the
7                         community corporation.
8    (2)   An infrastructure contract must --
9           (a) specify the common property over which there is an
10                easement under this section; and
11          (b) specify the infrastructure to which the easement applies.
12   (3)   The person (the infrastructure owner) who, from time to time,
13         owns the infrastructure the subject of an infrastructure contract
14         has an easement over the common property specified in the
15         infrastructure contract that entitles the infrastructure owner --
16           (a) to install and remove the infrastructure specified in the
17                 contract; and
18           (b) to operate that infrastructure; and
19           (c) to examine, maintain, repair, modify and replace that
20                 infrastructure.
21   (4)   The easement is subject to any conditions set out in the
22         infrastructure contract (as in force from time to time).
23   (5)   The infrastructure contract may be varied by agreement between
24         the community corporation and the person who is the
25         infrastructure owner from time to time.
26   (6)   The easement ceases to exist if the infrastructure contract is
27         terminated or otherwise ceases to have effect.
28   (7)   The rights conferred by the easement must be exercised so as to
29         minimise, as far as reasonably practicable, interference with the
30         enjoyment and use of the common property.



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1          (8)   The regulations may --
2                 (a) specify special procedures for notice or voting on the
3                       resolution required for the application of this section;
4                       and
5                 (b) set out terms and conditions that are to be taken to be
6                       implied in an infrastructure contract; and
7                 (c) otherwise regulate the rights and obligations of the
8                       community corporation and the infrastructure owner.

9    58.         Entry under statutory easement
10         (1)   A community corporation has a right to enter the common
11               property of its community titles scheme to exercise its rights
12               under a statutory easement without notice to any person.
13         (2)   If a person needs to enter a lot or common property in order to
14               exercise rights under a statutory easement (other than as set out
15               in subsection (1)), the person must give notice --
16                  (a) for entry to a lot -- to the occupier of the lot; and
17                 (b) for entry to common property other than special
18                       common property -- to the community corporation for
19                       the community titles scheme to which the common
20                       property belongs; and
21                  (c) for special common property -- to the occupiers of the
22                       special lots who have exclusive use and enjoyment of, or
23                       special privileges over, the special common property
24                       under an exclusive use by-law or, if the special lots are
25                       all of the lots in a community titles scheme, the
26                       community corporation for that community titles
27                       scheme.
28         (3)   Notice is unnecessary --
29                (a) in an emergency if there is insufficient time to give
30                       notice; or
31                (b) for entry to a lot, if the occupier of the lot dispenses with
32                       the requirement for notice; or


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1                  (c)   for entry to common property other than special
2                        common property if --
3                           (i) the person has the right to enter and enters only
4                                for the purposes of inspection; or
5                          (ii) the community corporation dispenses with the
6                                requirement for notice;
7                        or
8                 (d)    for entry to special common property -- if the
9                        requirement for notice is dispensed with by the
10                       occupiers of the special lots, or, if the special lots are all
11                       of the lots in a community titles scheme, the community
12                       corporation for the community titles scheme.
13         (4)   Notice must be given in the approved form.
14         (5)   The length of the notice must be at least --
15                (a) for entry by a community corporation -- 7 days unless a
16                      shorter period is agreed to by the occupier of the lot; and
17                (b) in any other case -- 28 days unless a shorter period is
18                      agreed to by the occupier of the lot or community
19                      corporation, as the case requires.
20         (6)   If notice is not given (in an emergency) or the period of the
21               notice has expired and it is not possible for the person, or a
22               person acting on behalf of the person, to gain entry without
23               using force, the person wishing to enter may use such force as is
24               reasonable in the circumstances.
25         (7)   Rights of entry under a statutory easement include rights of
26               entry by the person's agents, employees and contractors, with
27               vehicles, equipment, materials and other items as reasonably
28               necessary for the purpose of exercising rights under the
29               easement.

30   59.         Rectification of damage
31         (1)   Any damage caused to a lot or common property in the course
32               of exercising rights under a statutory easement must be repaired

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1                and made good as soon as practicable by the person exercising
2                those rights.
3          (2)   Subsection (1) does not apply to the extent that the damage was
4                the result of an unreasonable act or omission on the part of the
5                owner of the lot damaged or, in the case of damage to the
6                common property, on the part of the community corporation for
7                the community titles scheme to which the common property
8                belongs.

9                     Division 3 -- Rates, taxes and charges
10   60.         Arrangements for sharing of information
11               The Registrar of Titles must enter into arrangements with the
12               Valuer-General and rating and taxing authorities (within the
13               meaning of the Valuation of Land Act 1978 section 4(1)) for the
14               sharing of information about community schemes as reasonably
15               required for the administration of rating and taxing Acts.

16   61.         Valuation for rating and taxing
17         (1)   In determining under the Valuation of Land Act 1978 for rating
18               and taxing Acts the unimproved value of land subdivided by a
19               community titles (land) scheme, the Valuer-General must carry
20               out a separate valuation of each lot as a separate parcel of land
21               owned by the owner of the lot.
22         (2)   However, if a tier 1 or tier 2 community titles (land) scheme
23               includes a tier parcel that is subdivided by a community titles
24               (building) scheme, the valuation of lots in that community titles
25               (building) scheme for rating and taxing Acts is to be governed
26               by subsection (3).
27         (3)   In determining under the Valuation of Land Act 1978 for rating
28               and taxing Acts the unimproved value of land subdivided by a
29               community titles (building) scheme --
30                 (a) the Valuer-General must value the tier parcel of the
31                       community titles (building) scheme as if it were a


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1          separate parcel of land owned by the community
2          corporation; and
3    (b)   the value of tier parcels and lots is to be determined as
4          follows --
5             (i) if the scheme is a tier 1 scheme --
6                      (I) for the tier 1 parcel -- as the
7                            unimproved value detemined by the
8                            Valuer-General under paragraph (a);
9                     (II) for a tier 2 parcel or tier 1 lot -- by
10                           multiplying the unimproved value of
11                           the tier 1 parcel by the relative unit
12                           entitlement of the tier 2 parcel or tier 1
13                           lot;
14                   (III) for a tier 3 parcel or tier 2 lot -- by
15                           multiplying the value, determined under
16                           item (II), of the tier 2 parcel to which
17                           the tier 3 parcel or tier 2 lot belongs by
18                           the relative unit entitlement of the tier 3
19                           parcel or tier 2 lot;
20                  (IV) for a tier 3 lot -- by multiplying the
21                           value, determined under item (III), of
22                           the tier 3 parcel to which the tier 3 lot
23                           belongs by the relative unit entitlement
24                           of the tier 3 lot;
25           (ii) if the scheme is a tier 2 scheme --
26                     (I) for the tier 2 parcel -- as the
27                           unimproved value determined by the
28                           Valuer-General under paragraph (a);
29                    (II) for a tier 3 parcel or tier 2 lot -- by
30                           multiplying the unimproved value of
31                           the tier 2 parcel to which the tier 3
32                           parcel or tier 2 lot belongs by the
33                           relative unit entitlement of the tier 3
34                           parcel or tier 2 lot;


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     Division 3     Rates, taxes and charges
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1                                (III)   for a tier 3 lot -- by multiplying the
2                                        value, determined under item (II), of the
3                                        tier 3 parcel to which the tier 3 lot
4                                        belongs by the relative unit entitlement
5                                        of the tier 3 lot;
6                      (iii)   if the scheme is a tier 3 scheme --
7                                   (I) for the tier 3 parcel -- as the
8                                        unimproved value determined by the
9                                        Valuer General under paragraph (a);
10                                 (II) for a tier 3 lot -- by multiplying the
11                                       unimproved value of the tier 3 parcel by
12                                       the relative unit entitlement of the tier 3
13                                       lot.
14      (4)    In determining under the Valuation of Land Act 1978 for rating
15             and taxing Acts the gross rental value of land subdivided by a
16             community scheme, the Valuer-General --
17               (a) may determine a valuation of a number of lots together
18                     as if they were 1 lot if the lots are lots in a community
19                     titles (building) scheme owned by the same person and
20                     occupied by the same person; but
21               (b) must otherwise carry out a separate valuation of each
22                     lot.
23      (5)    In determining under the Valuation of Land Act 1978 for rating
24             and taxing Acts the value of land subdivided by a community
25             scheme, the Valuer-General must take into account benefits and
26             disadvantages applicable to a lot as part of a community
27             scheme.
28      (6)    Until a valuation is first carried out after a lot is created by
29             subdivision of land by a community titles scheme, the valuation
30             of the lot for rating and taxing purposes is to be calculated by
31             multiplying the most recent valuation of the parcel or lot
32             subdivided by the community titles scheme to which the lot
33             belongs by the relative unit entitlement of the lot.



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1    62.         Objections
2          (1)   For an objection to a valuation of a tier parcel of a community
3                titles scheme under the Valuation of Land Act 1978, the
4                community corporation is to be regarded as a person liable to
5                pay a rate or tax assessed in respect of the tier parcel.
6          (2)   On receiving an objection made by the owner of a lot in a
7                community scheme under the Valuation of Land Act 1978 to a
8                valuation, the Valuer-General --
9                  (a) must inform the community corporation for the
10                       community titles scheme to which the lot belongs of the
11                       objection and the grounds on which it has been made;
12                       and
13                 (b) may consolidate the objection with any other objection
14                       made in respect of the valuation of other land
15                       subdivided by the community scheme and may deal with
16                       the objections together.
17         (3)   An objection made by the owner of a lot in a community
18               scheme under the Valuation of Land Act 1978 to a valuation
19               may involve an objection to a valuation of the tier parcel of the
20               community titles scheme to which the lot belongs or to any
21               community titles scheme to which that scheme belongs.

22   63.         Rating and taxing
23         (1)   For rating and taxing Acts --
24                (a) the owner of a lot is liable for the rate or tax as if the lot
25                       were a separate parcel of land (subject to any
26                       exemptions or concessions); and
27                (b) no rate or tax is payable by a community corporation.
28         (2)   If part of a tier parcel is rateable for rates for water, sewerage or
29               drainage services, the rateable value of that part is to be the
30               value of the tier parcel after deducting the value of any lot
31               assessed and rated separately and in which the water, sewerage



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1                or drainage service, as the case may be, is exclusively for the
2                use and benefit of the lot.
3          (3)   If part only of a lot is liable to a rate or tax, that rate or tax is to
4                be applied to an amount that bears the same proportion to the
5                value of the lot as the gross rental value of the part so liable
6                bears to the gross rental value of the lot.

7    64.         Charges for water supplied
8                If an authority (including a licensee within the meaning given in
9                the Water Services Act 2012 section 3(1)) provides 1 water
10               supply connection to a tier parcel and the quantity of water used
11               by each lot belonging to the tier parcel is not measured, the
12               charges that may become payable according to the quantity of
13               water used are payable by the community corporation to the
14               authority and are recoverable as a debt in a court of competent
15               jurisdiction.




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                                         Original subdivision owner         Part 6

                                                                              s. 65



1                   Part 6 -- Original subdivision owner
2    65.         First statutory general meeting
3          (1)   An original subdivision owner for the initial subdivision of land
4                by registration of a community titles scheme must, within
5                3 months after that registration, convene a general meeting of
6                the community corporation for the scheme.
7          (2)   The original subdivision owner must do so even if the original
8                subdivision owner is no longer a member of the community
9                corporation and even if there are no other members of the
10               community corporation.
11         (3)   If there is another member of the community corporation, a
12               member of the community corporation may convene the
13               meeting if the original subdivision owner fails to do so.
14         (4)   The first statutory general meeting is to be conducted as an
15               annual general meeting of the community corporation and the
16               obligations that would usually fall on the community
17               corporation fall instead on the original subdivision owner.
18         (5)   The person who convenes the meeting is to preside at the
19               meeting or nominate someone to preside at the meeting.

20   66.         Key documents
21         (1)   An original subdivision owner for a subdivision of land by a
22               community titles scheme must ensure that --
23                 (a) all the key documents for the subdivision that come into
24                      the possession or control of the original subdivision
25                      owner are retained; and
26                 (b) all the key documents for the subdivision that the
27                      original subdivision owner possesses or controls are
28                      given to the community corporation for the scheme --
29                        (i) at the first general meeting of the community
30                              corporation following the subdivision; or


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     Part 6         Original subdivision owner

     s. 67



1                         (ii)   if the key document comes into the possession or
2                                control of the original subdivision owner after
3                                that meeting -- as soon as reasonably practicable
4                                after it comes into the possession or control of
5                                the original subdivision owner.
6          (2)   An original subdivision owner is bound by this section whether
7                or not the original subdivision owner is the owner of a lot in the
8                community titles scheme when the general meeting is held.

9    67.         Disclosure of remuneration and other benefits
10         (1)   This section applies to the following --
11                (a) a contract for the provision of services or amenities to
12                      the community corporation or to members of the
13                      community corporation entered into or arranged by the
14                      original subdivision owner for the subdivision or by the
15                      community corporation;
16                (b) any other contract that binds the community
17                      corporation;
18                (c) a lease or licence of the common property of the
19                      community titles scheme.
20         (2)   An original subdivision owner for a subdivision of land by a
21               community titles scheme must disclose in writing to the
22               community corporation for the scheme the following for each
23               contract, lease or licence to which this section applies --
24                 (a) details of any remuneration or other benefit (including
25                       savings connected with installation or commissioning of
26                       infrastructure for the provision of services under the
27                       contract) that the original subdivision owner or an
28                       associate of the original subdivision owner has received
29                       or has a reasonable expectation of receiving arising out
30                       of the contract, lease or licence;
31                 (b) details of any other direct or indirect pecuniary interest
32                       that the original subdivision owner or an associate of the
33                       original subdivision owner has in the contract, lease or


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                                         Original subdivision owner         Part 6

                                                                               s. 68



1                       licence, other than as a member of the community
2                       corporation.
3          (3)   The disclosure --
4                 (a) must be made as soon as reasonably practicable after the
5                       original subdivision owner becomes aware of the facts
6                       giving rise to the requirement to disclose; and
7                 (b) must include information as to the value of the
8                       remuneration or other benefit.

9    68.         Defects in scheme buildings or infrastructure
10         (1)   On establishment of a community corporation for a community
11               titles scheme, the community corporation is subrogated to all
12               the rights and remedies of the original subdivision owner in
13               respect of --
14                  (a) in a community titles (building) scheme, each scheme
15                        building; and
16                  (b) in any community titles scheme, infrastructure
17                        comprising common property of the scheme.
18         (2)   If, within 10 years after completion of a scheme building or
19               infrastructure comprising common property of a community
20               titles scheme, a proposed resolution is put to a community
21               corporation about a defect in the scheme building or
22               infrastructure, a member of the community corporation must be
23               excluded from voting on the resolution if the member is --
24                  (a) a person who became an original subdivision owner on
25                        registration of the community titles scheme; or
26                  (b) an associate of such a person.
27         (3)   If a member is excluded under subsection (2), the unit
28               entitlement of the lot of the member must be disregarded in
29               determining whether the proposed resolution is passed as a
30               special resolution of the community corporation.




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    s. 69



1   69.         Contracting out prohibited
2         (1)   A contract or arrangement is of no effect to the extent that it
3               purports to exclude or restrict the operation of this Part.
4         (2)   A purported waiver of a right, remedy or benefit conferred on a
5               person under this Part is of no effect.




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                                           Lot owners and occupiers         Part 7

                                                                               s. 70



1                    Part 7 -- Lot owners and occupiers
2    70.         Offence to contravene restricted use condition
3                An owner or occupier of a lot in a community titles scheme
4                commits an offence if the owner or occupier uses, or permits to
5                be used, an area or space in a manner that contravenes a
6                restricted use condition set out in the scheme plan for the
7                scheme.
8                Penalty:
9                      (a) a fine of $10 000;
10                    (b) a daily penalty of a fine of $1 000 for each day or
11                           part of a day during which the offence continues.

12   71.         Use and enjoyment
13               The owner or occupier of a lot must not use, or permit the use
14               of, the lot, or common property of the community titles scheme
15               or a community titles scheme to which the scheme belongs, in a
16               way that interferes unreasonably with the use or enjoyment of
17               another lot or the common property by a person who is lawfully
18               on the lot or common property.

19   72.         Information and agent
20         (1)   The owner of a lot must ensure that the community corporation
21               has up-to-date information as to the owner's contact details.
22         (2)   If the owner of a lot is ordinarily resident overseas or is a body
23               corporate that is not registered in Australia --
24                  (a) the owner must nominate in writing to the community
25                       corporation a person who is ordinarily resident in
26                       Australia or a body corporate registered in Australia to
27                       be the owner's agent; and
28                 (b) the agent's address for service is taken to be the address
29                       for service of the owner.



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     s. 73



1          (3)   The owner of a lot must ensure that the community corporation
2                has up-to-date information as to the agent's contact details.
3          (4)   The owner of a lot must ensure that the community corporation
4                has up-to-date information as to the contact details of --
5                  (a) a person who leases the lot; or
6                  (b) a person who occupies (other than as the owner) the lot.

7    73.         Insurance for lot
8          (1)   The owner of a lot in a community titles scheme may enter into
9                a contract of insurance (a contract of mortgage insurance)
10               against damage to or destruction of the lot or a building or other
11               improvement on the lot for an amount equal to the amount
12               secured by mortgages of the lot at the date of any loss referred
13               to in the contract.
14         (2)   If a contract of mortgage insurance is in force --
15                 (a)   payment must be made by the insurer under the contract
16                       to the mortgagees whose interests are noted in the
17                       contract in order of their respective priorities, subject to
18                       the terms and conditions of the contract; and
19                (b)    subject to the terms and conditions of the contract, the
20                       insurer is liable to pay the lesser of the following --
21                          (i) the value stated in the contract;
22                         (ii) the amount of the loss;
23                        (iii) the amount sufficient, at the date of the loss, to
24                               discharge mortgages of the lot;
25                       and
26                 (c)   if the amount so paid by the insurer equals the amount
27                       necessary to discharge a mortgage of the lot, the insurer
28                       is entitled to an assignment of that mortgage; and
29                (d)    if the amount so paid by the insurer is less than the
30                       amount necessary to discharge a mortgage of the lot, the
31                       insurer is entitled, in order to secure the amount so paid,

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                                                                                s. 74



1                        to have the mortgage transferred to the insurer and the
2                        mortgagee as tenants in common in undivided shares
3                        proportional to the amount paid by the insurer and the
4                        balance necessary to discharge the mortgagee's interest.
5          (3)   A contract of mortgage insurance is not liable to be brought into
6                contribution with any other contract of mortgage insurance
7                unless both contracts cover the same lot and relate to the same
8                mortgage debt.
9          (4)   Nothing in this Act limits the right of the owner of a lot to effect
10               insurance for the lot.

11   74.         Person to act for lot owner in certain circumstances
12         (1)   If the owner of a lot cannot be located after reasonable enquiry
13               or the owner lacks the capacity to vote or consent to a matter
14               under this Act, an application for an order under this section
15               may be made to the Tribunal by the community corporation or a
16               person who the Tribunal considers has a proper interest in the
17               matter.
18         (2)   The Tribunal may, on an application under this section, by
19               order --
20                 (a)   dispense with the requirement for the owner to vote or
21                       consent on a particular matter; or
22                (b)    authorise the Public Trustee under the Public Trustee
23                       Act 1941 or another specified person (with that person's
24                       consent) to exercise all or specified powers of the person
25                       under this Act as the owner of a lot.




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     Community Titles Bill 2018
     Part 8         Community corporation
     Division 1     Functions
     s. 75



1                      Part 8 -- Community corporation
2                                 Division 1 -- Functions
3                                 Subdivision 1 -- Property

4    75.         Control and management of common property
5          (1)   The principal function of a community corporation is to control
6                and manage the common property in the community titles
7                scheme for the benefit of --
8                  (a) the members of the community corporation; and
9                  (b) if there are other community titles schemes that belong
10                      to the community titles scheme, the members of the
11                      community corporations of those other schemes.
12         (2)   The function includes the following --
13                (a) an obligation to keep in good and serviceable repair,
14                      properly maintain and renew and replace the common
15                      property (including its fixtures and fittings) as necessary
16                      because of damage or deterioration arising from fair wear
17                      and tear, inherent defect or any other cause;
18                (b) a power to improve or alter the common property;
19                (c) a power to use, or allow the use of, the common
20                      property for any lawful purpose, including a commercial
21                      purpose.
22         (3)   The function must be exercised subject to any limitations
23               imposed --
24                 (a) by the scheme by-laws; or
25                 (b) by ordinary resolution of the community corporation.
26               Note for this subsection:
27                     An ordinary resolution is invalid if it conflicts with scheme by-laws
28                     unless the by-laws expressly contemplate that: see section 106.

29         (4)   A community corporation may sue and be sued for rights and
30               liabilities related to the common property of its community titles

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                                             Community corporation         Part 8
                                                        Functions     Division 1
                                                                             s. 76



1                scheme as if it were the owner and occupier of the common
2                property.

3    76.         Rights over common property
4          (1)   A community corporation is entitled, subject to this Act --
5                 (a) to install and remove infrastructure on the common
6                     property; and
7                 (b) to operate infrastructure on the common property; and
8                 (c) to examine, maintain, repair, modify and replace
9                     infrastructure on the common property; and
10                (d) to take other action as necessary for the performance of
11                    its function of controlling and managing the common
12                    property.
13         (2)   For temporary common property, this section applies subject to
14               the terms of the lease of the temporary common property.
15         (3)   This section does not derogate from the application of other
16               written laws including, for example, a requirement to obtain
17               approval of development under the Planning and Development
18               Act 2005.

19   77.         Personal property
20               A community corporation must keep in good and serviceable
21               repair, properly maintain and, if necessary, renew and replace
22               personal property owned by the community corporation.

23   78.         Temporary common property
24         (1)   A community corporation may, by special resolution, for the
25               purpose of creating temporary common property accept a lease
26               of land that is a lot in the community scheme or land that is
27               contiguous to the tier parcel or separated only by a road, railway
28               or waterway.




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     Part 8         Community corporation
     Division 1     Functions
     s. 79



1          (2)   A community corporation may, by special resolution (made
2                with the concurrence of the lessor if required under the lease),
3                surrender a lease accepted by it under this section.
4          (3)   If a special resolution is passed under this section, the
5                community corporation may enter into the necessary
6                transactions in its own name.

7    79.         Transactions relating to land
8          (1)   If a community corporation is authorised to do so by special
9                resolution, the community corporation may enter into a
10               transaction to which this section applies and execute documents
11               related to the transaction in its own name, as if it were the
12               owner of an estate in fee simple in the tier parcel.
13         (2)   This section applies to the following transactions for a
14               community titles scheme --
15                 (a) the acceptance of a transfer of land that --
16                         (i) is contiguous to the tier parcel or separated only
17                              by a road, railway or waterway; and
18                        (ii) is not subject to a type 1 or type 2 interest; and
19                       (iii) is to be added to the common property in the
20                              community titles scheme in connection with a
21                              subdivision to be given effect by registration of
22                              an amendment of the scheme;
23                 (b) the disposal of land comprising common property (other
24                      than temporary common property) in the scheme in
25                      connection with a subdivision to be given effect by
26                      registration of an amendment of the scheme;
27                 (c) a lease of common property in the scheme;
28                 (d) the surrender of or re-entry under a lease of common
29                      property in the scheme;




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                                                               Functions     Division 1
                                                                                    s. 80



1                  (e)     the execution, acceptance, discharge or surrender of an
2                          easement or restrictive covenant burdening or benefiting
3                          the tier parcel.
4                Note for this subsection:
5                        If land is being transferred from 1 community titles scheme to another
6                        or is being added to or removed from the community scheme, a series
7                        of transactions by various community corporations will be required. For
8                        land to be added to the tier 1 parcel, the tier 1 corporation must enter a
9                        transaction to acquire the land.

10         (3)   The Property Law Act 1969 section 121 does not apply to a
11               right, arising from an instrument executed under this section, to
12               access or to the use of light or air.

13   80.         Carrying out work and recovering cost
14         (1)   A community corporation may carry out work on a lot or tier
15               parcel and recover the costs of that work in the following
16               circumstances --
17                 (a) if a member of a community corporation or the occupier
18                       of a lot does not carry out work on a lot or tier parcel
19                       required to be carried out by order of a court or tribunal
20                       or by a notice or order given under a written law by a
21                       local government, public authority or other person --
22                       the community corporation may carry out the work and
23                       recover the costs from the member or occupier;
24                 (b) if a person does not carry out work on common property
25                       required to be carried out under exclusive use
26                       by-laws -- the community corporation may carry out
27                       the work and recover the costs from the person;
28                 (c) if the work is to be carried out at the request, or with the
29                       consent, of a member of the community corporation and
30                       the work wholly or substantially benefits the lot or tier
31                       parcel of the member to the exclusion of other lots and
32                       tier parcels in the community scheme -- the community
33                       corporation may carry out the work and, subject to any
34                       agreement to the contrary, recover the costs from the
35                       member;

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     Community Titles Bill 2018
     Part 8         Community corporation
     Division 1     Functions
     s. 81



1                 (d)   if a person does not carry out work necessary to remedy
2                       a contravention of a duty that the person has under a
3                       statutory easement -- the community corporation may
4                       carry out the work and recover the costs from the
5                       person.
6          (2)   If the costs are recoverable from 2 or more members of a
7                community corporation, the members are liable jointly and
8                severally for the costs and are entitled to contribution amongst
9                each other according to the relative unit entitlements of their
10               lots or tier parcels.
11         (3)   If an amount recoverable from the owner of a lot under this
12               section is outstanding when ownership of the lot is transferred,
13               the amount is recoverable against any subsequent owner of the
14               lot.
15         (4)   If an amount is recoverable under this section from a member of
16               a community corporation, the amount may be recovered and
17               interest is payable on any outstanding amount, as if the amount
18               payable were an unpaid contribution levied on the member.
19         (5)   An amount otherwise recoverable under this section is
20               recoverable as a debt in a court of competent jurisdiction.

21   81.         Power of community corporation to enter any part of parcel
22         (1)   A community corporation has a right to enter any part of the tier
23               parcel of its community titles scheme for the purpose of --
24                 (a) exercising rights conferred on it under section 76; or
25                 (b) carrying out work under section 80; or
26                 (c) carrying out work that the community corporation is
27                       required to carry out under an order of a court or
28                       tribunal or a notice issued, or other order made, under a
29                       written law; or
30                 (d) ascertaining whether scheme by-laws or this Act has
31                       been, or is being, complied with.



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                                                       Functions     Division 1
                                                                            s. 82



1          (2)   Sections 58 and 59 apply to entry to common property or a lot
2                by a community corporation under this section as if the
3                community corporation were exercising rights under a statutory
4                easement.
5          (3)   A person must not obstruct or hinder a person exercising a
6                power under this section.

7    82.         Recovery of property
8          (1)   A community corporation may give written notice to a person
9                requiring the person to deliver all records, keys or other
10               property of the community corporation in the person's
11               possession or control to a specified person within a specified
12               period (being a period that is reasonable in the circumstances).
13         (2)   A person commits an offence if the person fails, without
14               reasonable excuse to deliver property in the person's possession
15               or control as required by the notice.
16               Penalty for this subsection: a fine of $3 000.
17         (3)   A person cannot exercise any claim or lien against or on the
18               property of a community corporation that the person is required,
19               under this section, to deliver to the community corporation.

20                            Subdivision 2 -- Insurance

21   83.         Required insurance
22         (1)   A community corporation must ensure that the following
23               insurance is in place for the community titles scheme --
24                 (a) all insurable assets of the scheme must be insured
25                      against fire, storm and tempest (excluding damage by
26                      sea, flood or erosion), lightning, explosion and
27                      earthquake --
28                         (i) to replacement value; or
29                        (ii) to replacement value up to, for an event of a
30                               specified kind, a maximum amount specified in


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     Part 8         Community corporation
     Division 1     Functions
     s. 83



1                                      the contract of insurance that is a reasonable
2                                      limitation in the circumstances;
3                            and
4                    (b)     the community corporation must be insured against
5                            damage to property, death, bodily injury or illness for
6                            which the community corporation could become liable
7                            in damages to an amount of not less than an amount
8                            determined in accordance with the regulations.
9               Notes for this subsection:
10              1.         The owner of a lot in a community titles (land) scheme is responsible
11                         for insurance of the kind referred to in paragraph (a) for infrastructure
12                         on the lot.
13              2.         The owner of a lot is responsible for insurance of the kind referred to in
14                         paragraph (b) for damages for which the owner could become liable.

15      (2)     However, if a community corporation has taken all reasonably
16              practicable steps available to it to obtain the required insurance
17              but no insurer is willing to enter into a contract of insurance on
18              reasonable terms that meets the requirements, the community
19              corporation must obtain whatever insurance it can obtain on
20              reasonable terms that most closely meets the requirements.
21      (3)     The Tribunal may, on application by a community corporation,
22              exempt it from compliance with this section subject to
23              conditions specified in the exemption.
24      (4)     A community corporation may enter into a contract of insurance
25              relating to the insurable assets of its community titles scheme
26              and execute documents relating to the contract in its own name,
27              as if it were the owner of the assets.
28      (5)     Subject to subsection (6), if a community corporation receives
29              money from an insurer in the event of damage to or destruction
30              of an insurable asset of its community titles scheme, that money
31              must be applied by the community corporation in rebuilding,
32              replacing, repairing or restoring the insurable asset so far as that
33              may lawfully be done.



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                                                 Functions     Division 1
                                                                      s. 83



1    (6)   Subsection (5) does not apply if --
2           (a) the community titles scheme is a community titles (land)
3                 scheme; and
4           (b) the community corporation passes a special
5                 resolution --
6                    (i) determining that a specified part or all of the
7                         money is not to be used for the purposes of
8                         rebuilding, replacing, repairing or restoring the
9                         insurable asset of its community titles scheme;
10                        and
11                  (ii) specifying how that money is to be distributed
12                        amongst members of the community corporation
13                        or used;
14                and
15          (c) the insurable asset of its community titles scheme or, if
16                the insurable asset has been destroyed or removed, the
17                area affected by the damage or destruction, is left in a
18                safe condition; and
19          (d) the insurable asset is not one the existence of which is
20                required by the community development statement.
21   (7)   Nothing in this section derogates from --
22          (a) any other requirement imposed on a community
23                corporation to obtain insurance (for example, for
24                workers' compensation or by resolution of the
25                community corporation); or
26          (b) the power of the community corporation to obtain other
27                insurance in its capacity as a body corporate.




                                                                  page 109
     Community Titles Bill 2018
     Part 8         Community corporation
     Division 1     Functions
     s. 84



1    84.         Notice to member of community corporation
2          (1)   If it is reasonably necessary in order for a community
3                corporation to obtain the required insurance on reasonable
4                terms, the community corporation may give written notice to a
5                member of the community corporation requiring the member to
6                do 1 or more of the following --
7                   (a) to take specified action within a specified period;
8                  (b) to refrain from taking specified action;
9                   (c) to pay a specified amount to the community corporation
10                         within a specified period, being an amount equal to that
11                         part of the premium payable by the community
12                         corporation for the required insurance attributable solely
13                         to the risk associated with something within the
14                         member's control.
15         (2)   A member of a community corporation given such a notice may
16               negotiate with the community corporation to take some step
17               other than that specified in the notice to enable the required
18               insurance to be obtained by the community corporation on
19               reasonable terms.
20         (3)   The community corporation must negotiate with the member
21               with a view to achieving a fair and reasonable outcome.

22                     Subdivision 3 -- Financial management

23   85.         Funds and investment
24         (1)   A community corporation must establish --
25                (a) a fund (an administrative fund) out of which the
26                    operating costs of the community corporation are to be
27                    paid; and
28                (b) a fund (a reserve fund) for the purpose of accumulating
29                    funds to meet contingent expenses, other than those of a
30                    routine nature, and other major expenses of the
31                    community corporation likely to arise in the future.


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                                                  Functions     Division 1
                                                                       s. 85



1    (2)   A community corporation must ensure --
2           (a) that there is a 10 year plan for the reserve fund that sets
3               out --
4                  (i) the common property and the personal property
5                       of the community corporation that is anticipated
6                       to require maintenance, repair, renewal or
7                       replacement (other than of a routine nature) in
8                       the period covered by the plan; and
9                 (ii) the estimated costs for the maintenance, repair,
10                      renewal or replacement; and
11               (iii) other information required to be included by the
12                      regulations;
13              and
14          (b) that the 10 year plan is revised at least once in each
15              5 years and that, when revised, the plan is extended to
16              cover the 10 years following the revision.
17   (3)   All money received by the community corporation must be
18         credited to either its administrative fund or its reserve fund and
19         must --
20           (a) be paid into an ADI account in the name of the
21                 community corporation; or
22           (b) be paid into a trust account of a scheme manager of the
23                 community corporation under section 122.
24   (4)   Interest on money in an administrative fund must be paid into
25         the administrative fund and interest on money in the reserve
26         fund must be paid into the reserve fund.
27   (5)   The regulations may impose conditions on the way in which the
28         community corporation may invest money held by the
29         community corporation that is not immediately required.




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     Part 8         Community corporation
     Division 1     Functions
     s. 86



1    86.         Accounting records and statement of accounts
2          (1)   A community corporation must keep proper accounting records
3                of its income and expenditure.
4          (2)   A community corporation must prepare a statement of accounts
5                for each financial year showing --
6                  (a) the assets and liabilities of the community corporation at
7                        the end of the financial year; and
8                  (b) the income and expenditure of the community
9                        corporation for the financial year.

10   87.         Budget
11         (1)   A community corporation must prepare a budget for each
12               financial year and submit it for approval to its annual general
13               meeting.
14         (2)   The budget must be prepared --
15                (a) taking into account the 10 year plan for the reserve fund;
16                      and
17                (b) in accordance with any requirements set out in the
18                      regulations and the scheme by-laws.
19         (3)   The community corporation may, by ordinary resolution at its
20               annual general meeting or at a subsequent general meeting,
21               approve a budget with or without modification.
22         (4)   The community corporation may, by ordinary resolution, vary
23               its approved budget.
24         (5)   If a budget or a variation of a budget provides for expenditure
25               on common property under section 75(2)(b) (other than
26               expenditure on sustainability infrastructure) exceeding an
27               amount determined under the regulations --
28                  (a) information regarding that expenditure must be provided
29                       to the members of the community corporation as
30                       required by the regulations; and


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                                                        Functions     Division 1
                                                                             s. 88



1                 (b)   the budget or variation must be approved by special
2                       resolution.
3          (6)   A community corporation must not make any expenditure that is
4                not authorised by an approved budget except for --
5                  (a) expenditure of an amount not exceeding, in a financial
6                        year, for each lot or tier parcel in the community titles
7                        scheme --
8                           (i) the amount fixed by the community corporation
9                                by special resolution; or
10                        (ii) if the community corporation has not fixed the
11                               amount by special resolution, the amount fixed
12                               by the regulations;
13                       or
14                (b) expenditure required by a court or tribunal or by a notice
15                       or order given under a written law to the community
16                       corporation.
17         (7)   This section has effect subject to any regulations or scheme
18               by-laws that require a special resolution or other steps to be
19               taken for expenditure of a particular class.

20   88.         Contributions
21         (1)   A community corporation can, by ordinary resolution at its
22               annual general meeting or at any other general meeting --
23                 (a) fix the amount it requires by way of contributions from
24                      its members; and
25                 (b) fix the amount of contributions received that are to be
26                      credited to either its administrative fund or its reserve
27                      fund; and
28                 (c) fix the intervals at which it requires a member's
29                      contribution to be paid; and
30                 (d) allow a contribution to be paid in instalments specified
31                      in the resolution; and


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1                 (e)   inflate the contribution or instalment payable to allow
2                       for a discount if a contribution or instalment is paid on
3                       or before the due date (subject to any limitations
4                       imposed by the regulations); and
5    '            (f)   if the contribution or instalment is not inflated and
6                       discounted, fix a rate of interest payable for a
7                       contribution, or an instalment of a contribution, that is in
8                       arrears (subject to any limitations imposed by the
9                       regulations); and
10               (g)    determine not to charge interest or to charge a lesser rate
11                      of interest in a particular case or in a class of cases.
12       (2)    Contributions must be apportioned between the members of the
13              community corporation according to the relative unit
14              entitlements of their lots or tier parcels, unless the scheme
15              by-laws provide for a different method of apportionment.
16       (3)    A contribution payable by a community corporation that is a
17              member of another community corporation must be apportioned
18              between its members according to the relative unit entitlements
19              of their lots or tier parcels, unless the scheme by-laws provide
20              for a different method of apportionment.
21       (4)    A contribution, or an instalment of a contribution, is payable on
22              the date specified for payment in a notice served by the
23              community corporation on the member of the community
24              corporation.
25       (5)    The notice must --
26               (a) specify --
27                        (i) the amount of the contribution or instalment; and
28                       (ii) the date for payment; and
29                      (iii) if a contribution, instalment or interest is in
30                            arrears, the amount outstanding; and
31                      (iv) the amount that will become payable if the
32                            contribution or instalment is not paid on or


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1                               before the due date or the rate of interest payable
2                               on any amount in arrears; and
3                         (v)   the apportionment of the contribution and any
4                               interest between the administrative fund and the
5                               reserve fund;
6                       and
7                 (b)   be served at least 14 days before the date for payment.
8          (6)   Payment of a contribution, instalment or interest is enforceable
9                jointly and severally against the members of a community
10               corporation and the subsequent members of the community
11               corporation.
12         (7)   A contribution, instalment or interest may be recovered as a
13               debt in a court of competent jurisdiction.
14         (8)   Interest paid on contributions is subject to the same
15               apportionment as between the administrative fund and the
16               reserve fund as the contributions.
17         (9)   If a community corporation is the respondent to a successful
18               appeal to the Supreme Court from the Tribunal by a member of
19               the community corporation, the community corporation cannot
20               levy a contribution on the member towards the expenses of the
21               community corporation on the appeal.

22               Subdivision 4 -- Participation in community scheme

23   89.         Functions as member of another community corporation
24         (1)   If a community corporation is a member of another community
25               corporation in the community scheme, the first mentioned
26               community corporation has the following functions --
27                  (a) to participate in meetings of that other community
28                       corporation;
29                 (b) to ensure relevant matters are communicated to the
30                       members of the community corporation and directions
31                       are obtained as to how the community corporation

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1                       should vote or make representations at meetings of the
2                       other community corporation;
3                 (c)   to participate on the council of that other community
4                       corporation if required under this Act or the scheme
5                       by-laws for the other community corporation or to stand
6                       for election as a member of that council if that is
7                       allowed under the scheme by-laws for the other
8                       community corporation.
9          (2)   Subject to the scheme by-laws --
10                (a) the person assigned the function of presiding at meetings
11                      of the community corporation under the by-laws has the
12                      function of --
13                         (i) representing the community corporation at
14                               meetings of the community corporation of which
15                               it is a member; and
16                        (ii) casting the vote of the community corporation;
17                      and
18                (b) if that person is unable or unwilling to perform the
19                      function, the council of the community corporation may
20                      authorise another individual to do so.
21         (3)   A scheme manager of the community corporation may not be
22               assigned functions or authorised to perform functions under
23               subsection (2).

24   90.         Cooperation between community corporations
25               A community corporation must cooperate with each other
26               community corporation in the community scheme, especially in
27               coordinating voting or meetings of its community corporation
28               with voting or meetings of the other community corporations to
29               facilitate participation and decision making of all tiers of the
30               community titles schemes in the community scheme.




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1                   Subdivision 5 -- Records and correspondence

2    91.         Records and correspondence
3          (1)   A community corporation for a community titles scheme
4                must --
5                 (a) keep a copy of each of the following --
6                         (i) if there is a community development statement in
7                             force for the community scheme, the community
8                             development statement;
9                        (ii) any proposed amendments of the community
10                            development statement of which it is aware and
11                            that remain current;
12                      (iii) the current scheme documents;
13                      (iv) any proposed amendments of the scheme
14                            documents of which it is aware and that remain
15                            current;
16                     and
17                (b) make and keep for a period fixed by the regulations --
18                        (i) minutes of its general meetings and meetings of
19                            its council; and
20                       (ii) records of its resolutions and the decisions of its
21                            council; and
22                      (iii) such other records as are required by the
23                            regulations;
24                     and
25                (c) keep for a period fixed by the regulations --
26                        (i) records and statements of account made or kept
27                            under section 86; and
28                       (ii) notices of its general meetings and meetings of
29                            its council; and
30                      (iii) notices of proposed resolutions and material
31                            submitted to members of the community


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1                            corporation in connection with proposed
2                            resolutions; and
3                    (iv)    notices of disclosures made under
4                            section 67, 119(2) or 121; and
5                     (v)    all correspondence, other notices and orders it or
6                            its council sends or receives; and
7                    (vi)    each lease accepted under section 78 and any
8                            instrument of surrender of such a lease; and
9                    (vii)   each contract entered into by the community
10                           corporation and any variation, extension or
11                           termination of such a contract, including
12                           (without limitation) the following --
13                                (I) a scheme management contract;
14                               (II) an insurance contract;
15                              (III) an infrastructure contract;
16                             (IV) a contract for services or amenities
17                                     provided to the community corporation
18                                     or members of the community
19                                     corporation;
20                           and
21                  (viii)   each lease, licence or other document granting a
22                           special privilege over the common property
23                           (other than exclusive use by-laws); and
24                   (ix)    each key document it has received; and
25                    (x)    each document it has kept or received under
26                           section 56;
27                    (xi)   each certificate given under section 97;
28                   and




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1                 (d)   keep the following in a manner that facilitates access to
2                       the information, in particular, for use by the members of
3                       the council and officers of the community
4                       corporation --
5                          (i) the terms of any current resolution about the use
6                               of the common seal of the community
7                               corporation or authorising persons to execute
8                               documents on its behalf;
9                         (ii) the current balance of the administrative fund
10                              and the reserve fund of the community
11                              corporation;
12                       (iii) the current budget (showing estimated income
13                              and expenditure) of the community corporation;
14                       (iv) the terms of the most recent resolution
15                              determining contributions, the period for which
16                              they are determined, the basis on which the
17                              contributions are apportioned amongst the
18                              members of the community corporation and the
19                              date on which they fall due;
20                        (v) the most recent 10 year plan;
21                       (vi) any termination proposal submitted to the
22                              community corporation that remains current.
23         (2)   The regulations may impose additional requirements for the
24               making or keeping of records by a community corporation or
25               about the manner in which this section is to be complied with.

26   92.         Scheme contacts register
27         (1)   A community corporation for a community titles scheme must
28               maintain a register (a scheme contacts register) containing the
29               following --
30                 (a) the contact details of each related community
31                      corporation;




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1                (b)   the contact details of each member of the community
2                      corporation and the unit entitlement of the member's lot
3                      or tier parcel;
4                 (c) as notified to the community corporation, the contact
5                      details of an agent of a member of the community
6                      corporation;
7                (d) the contact details of each member of the council of the
8                      community corporation and each officer of the
9                      community corporation;
10                (e) the contact details of each scheme manager of the
11                     community corporation;
12                (f) the contact details of a person (other than a member of
13                     the community corporation) who is the owner of a
14                     special lot or holds a lease or licence over the common
15                     property, or otherwise occupies common property, in the
16                     scheme;
17               (g) as notified to the community corporation, the contact
18                     details of --
19                        (i) a mortgagee of a lot in the community titles
20                              scheme; or
21                       (ii) a person who leases a lot in the community titles
22                              scheme; or
23                      (iii) a person who occupies (other than as the owner)
24                              a lot in the community titles scheme;
25               (h) if there is a common property infrastructure easement,
26                     the contact details of the infrastructure owner within the
27                     meaning of section 57.
28              Penalty for this subsection: a fine of $3 000.
29      (2)     An entry in the scheme contacts register for a member of the
30              community corporation who is an original subdivision owner
31              must identify the member as such.




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1    93.         Letterbox and electronic communications
2                A community corporation must ensure that --
3                 (a) a letterbox with the name of the community corporation
4                     clearly shown on it is continuously available and
5                     suitably placed on the tier parcel; and
6                 (b) a mechanism for corresponding with the community
7                     corporation electronically is reasonably available to --
8                        (i) members of the community corporation; and
9                       (ii) members of other community corporations in the
10                            community scheme; and
11                     (iii) occupiers of lots in the community scheme.

12                    Subdivision 6 -- Provision of information

13   94.         Application by person with proper interest in information
14         (1)   A person with a proper interest in information about a
15               community titles scheme, or a person authorised in writing by
16               such a person, may apply in writing to the community
17               corporation for --
18                 (a) information under section 95; or
19                 (b) inspection of material under section 96; or
20                 (c) a certificate under section 97.
21         (2)   A person has a proper interest in information about a
22               community titles scheme if the person is --
23                 (a) a member of the community corporation for the
24                      community titles scheme; or
25                 (b) a related community corporation or a member of a
26                      related community corporation; or
27                 (c) a buyer who has entered into a contract for the sale and
28                      purchase of a lot in the community titles scheme or a
29                      related community titles scheme; or



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1                 (d)    a mortgagee of a lot in the community titles scheme or a
2                        related community titles scheme; or
3                  (e)   a person of a class specified in the regulations.
4          (3)   A community corporation may charge a fee for an application
5                under this section.
6          (4)   However, any fee that is charged must not exceed an amount
7                fixed by the regulations.

8    95.         Information from scheme contacts register
9                A community corporation commits an offence if, on application
10               under section 94, it does not provide to the applicant as soon as
11               reasonably practicable and, in any event, within 14 days,
12               information in its scheme contacts register.
13               Penalty: a fine of $3 000.

14   96.         Inspection of material
15         (1)   A community corporation commits an offence if, on application
16               under section 94, it does not make material to which this section
17               applies available for inspection by the applicant at a place and
18               time --
19                 (a) agreed between the community corporation and the
20                       person; or
21                 (b) if agreement is not reached within 3 days after the
22                       community corporation is given the application,
23                       specified in a written notice given by the community
24                       corporation to the person.
25               Penalty for this subsection: a fine of $3 000.
26         (2)   The time specified in a notice under subsection (1)(b) must be
27               between 9am and 5pm on a day not more than 10 days after the
28               community corporation is given the application.
29         (3)   The material may be made available in electronic or hard copy
30               form.


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1          (4)   A person inspecting material under this section --
2                 (a) may take extracts from, or make a copy of, the material,
3                       including by photographing it, subject to any limitations
4                       specified in the regulations; and
5                 (b) must not, without the consent of the community
6                       corporation, remove physical material from the custody
7                       of the community corporation; and
8                 (c) must not alter, damage, conceal or destroy any material
9                       or entry.
10         (5)   A community corporation may, but is not obliged to, provide a
11               copy of any material at the request of the applicant, and, if it
12               does so, it may charge a fee for the copy of an amount not
13               exceeding an amount fixed by the regulations.
14         (6)   This section applies to the following --
15                (a) material kept under section 91;
16                (b) the scheme contacts register;
17                (c) other documents in the possession or control of the
18                      community corporation.

19   97.         Certificates
20         (1)   A community corporation commits an offence if it does not,
21               within 14 days after being given an application under
22               section 94, provide the applicant with a certificate certifying, as
23               at the date of the certificate, the following matters as stated in
24               the application --
25                 (a) whether or not a scheme management contract or
26                       infrastructure contract is in effect and, if so, when the
27                       contract starts and ends;
28                 (b) details of any contracts of insurance maintained by the
29                       community corporation, including the name and contact
30                       details of the insurer, the contract number, the type and
31                       amount of cover, and the expiry day;



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1                 (c)  whether any transfer, lease or other disposition has been
2                      entered into or exclusive use by-laws have been made in
3                      favour of a person over the common property but not
4                      registered by the Registrar of Titles, and, if so, the name
5                      of the person and the nature and effect of the transaction
6                      or by-laws.
7               Penalty for this subsection: a fine of $3 000.
8       (2)     A community corporation commits an offence if it does not,
9               within 14 days after being given an application under
10              section 94, provide the applicant with a certificate certifying, as
11              at the date of the certificate, the following matters as they relate
12              to a lot or tier parcel specified in the application --
13                (a) the amount and due date of contributions determined for
14                       the lot or tier parcel --
15                          (i) at the most recent annual general meeting of the
16                                community corporation; and
17                         (ii) at any time subsequent to that meeting; and
18                        (iii) in the previous 12 months;
19                (b) any amount owed to a community corporation by the
20                       owner or occupier of the lot, or the community
21                       corporation for the tier parcel, that is outstanding, the
22                       date on which it became outstanding, and the nature of
23                       the payment;
24                Note for this paragraph:
25                           For example, the amount may be an amount of --
26                           •    contributions; or
27                           •    an amount payable under exclusive use by-laws; or
28                           •    an amount payable for work undertaken on the part of the
29                               owner of the lot; or
30                           •    any penalty or other amount ordered to be paid by the
31                               Tribunal; or
32                           •    any amount payable for utility services or other services or
33                               amenities.




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1                  (c)  the rate of interest payable in respect of the outstanding
2                       amount.
3                Penalty for this subsection: a fine of $3 000.
4          (3)   A certificate under this section is conclusive evidence of the
5                matters stated in the certificate, as at the date of the certificate,
6                in favour of a person taking an estate or interest in a lot for
7                valuable consideration.
8    98.         Legal professional privilege and defamation
9          (1)   Nothing in this Subdivision requires a community
10               corporation --
11                 (a) to give or certify any information that is the subject of
12                      legal professional privilege; or
13                 (b) to make available a document or a part of a document if
14                      that would disclose information that is the subject of
15                      legal professional privilege.
16         (2)   It is a defence to an action for defamation if the defendant
17               proves that --
18                  (a) the defamatory matter was contained in information or a
19                        document mentioned in this Subdivision; and
20                  (b) the publication consisted of giving or certifying the
21                        information, or making the document available, in
22                        accordance with this Subdivision.

23                       Subdivision 7 -- Miscellaneous powers

24   99.         Compliance with scheme by-laws
25               A community corporation has the function of complying with
26               the scheme by-laws and monitoring compliance with those
27               by-laws by others to whom they apply.

28   100.        Enforcement of road laws
29               A community corporation may enter into a contract or
30               arrangement with a local government about the enforcement of

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1               laws relating to roads on the tier parcel of its community titles
2               scheme.

3    101.       Enforcement of local laws
4               A community corporation may enter into a contract or
5               arrangement with a local government about the enforcement of
6               a local law on the tier parcel of its community titles scheme.

7    102.       Termination of certain services or amenities contracts
8       (1)     This section applies to a contract if --
9                (a) it relates to the provision of services or amenities to a
10                     community corporation or members of the community
11                     corporation; and
12               (b) it was made before registration of the community titles
13                     scheme or when --
14                        (i) the lots in the community titles scheme of
15                             1 member of the community corporation had a
16                             relative unit entitlement of 50% or more; or
17                       (ii) the relative unit entitlement of 1 tier parcel in the
18                             community titles scheme had a relative unit
19                             entitlement of 50% or more and the lots of
20                             1 member of the community corporation for the
21                             community titles scheme for that parcel had a
22                             relative unit entitlement of 50% or more; or
23                      (iii) 1 person otherwise controlled 50% or more of
24                             the voting power of the members of the
25                             community corporation.
26      (2)     There is implied in a contract to which this section applies a
27              provision that the community corporation may terminate the
28              contract, by written notice to every other party to the contract,
29              after 5 years have passed since the contract was made.
30      (3)     No cause of action against a person arises from the exercise of
31              the power referred to in subsection (2).



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1       (4)   A contract or arrangement is of no effect to the extent that it
2             purports to exclude or restrict the operation of this section.
3       (5)   A purported waiver of a right, remedy or benefit conferred on a
4             community corporation under this section is of no effect.
5       (6)   The Tribunal may, on the application of a party to a contract to
6             which this section applies, by order extend the period of 5 years
7             provided for by subsection (2), so far as it applies to that
8             contract, if satisfied that the contract --
9               (a) is fair to all members of the community corporation; and
10              (b) will remain fair to all those members during the
11                    extended period.
12      (7)   An extended period under subsection (6) is not to exceed the
13            term specified in the contract or a period of 10 years from the
14            time when the contract was made, whichever is the lesser.

15                         Subdivision 8 -- Limitations

16   103.     Limitations on exercise of powers
17      (1)   A community corporation must not --
18             (a) acquire or dispose of land, or an interest in land, except
19                 as authorised under section 78 or 79; or
20             (b) mortgage common property; or
21             (c) act as a guarantor; or
22             (d) establish a corporation or subsidiary of a corporation; or
23             (e) engage in an activity that a community corporation must
24                 not engage in under the regulations.




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1       (2)     A community corporation must not, except as authorised by
2               special resolution, perform or exercise a function that the
3               regulations allow to be exercised only as authorised by special
4               resolution.
5               Note for this subsection:
6                     This Act specifies a number of other functions of a community
7                     corporation that can be performed only as authorised by special
8                     resolution.

9    104.       Common seal and execution of documents
10      (1)     If a community corporation has a common seal --
11                 (a) the seal may be used only as authorised by ordinary
12                      resolution of the community corporation; and
13                (b) its use must be attested by the signatures of 2 members
14                      of the council of the community corporation.
15      (2)     A community corporation may, by ordinary resolution,
16              authorise any of the following to execute documents on its
17              behalf subject to any conditions or limitations specified in the
18              resolution --
19                (a) a member of the council of the community corporation;
20                      or
21                (b) members of the council of the community corporation
22                      acting jointly; or
23                (c) a scheme manager of the community corporation.
24      (3)     A document is duly executed by a community corporation if --
25               (a) the common seal of the community corporation is
26                    applied to it in accordance with this section; or
27               (b) the document is signed on behalf of the community
28                    corporation by a person or persons in accordance with
29                    an authority conferred under this section.
30      (4)     For a document in an electronic form that bears a facsimile of
31              the common seal and a facsimile of the signatures required to
32              attest its use, the sealed document as it appears electronically, or

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1             as it appears when printed on paper, has the same effect as if the
2             common seal had been applied and attested in accordance with
3             this section, unless there is evidence that the document was not
4             executed by the community corporation.

5                           Division 2 -- Objectives
6    105.     Objectives
7       (1)   In performing its functions, a community corporation is to have
8             the objective of implementing processes and achieving
9             outcomes that are not, having regard to the use and enjoyment
10            of lots and common property in the community scheme --
11              (a) unfairly prejudicial to or discriminatory against a
12                     person; or
13              (b) oppressive or unreasonable.
14      (2)   In achieving that objective, a community corporation --
15              (a) must take into account any failure of a person to act
16                    consistently with this Act or the scheme by-laws; and
17              (b) must consider the merits of any proposal put to it and
18                    the options that are reasonably available in any
19                    particular circumstances; and
20              (c) must be aware that --
21                       (i) a resolution or other conduct may be overturned
22                            for failure to meet that objective despite the fact
23                            that it reflects the will of the majority of
24                            members of a community corporation as
25                            expressed through the exercise of their voting
26                            powers; and
27                      (ii) the fact that a person has chosen to become the
28                            owner of a lot does not prevent the person
29                            challenging the performance of a function for
30                            failure to meet that objective.




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1       (3)     Without limitation, a community corporation acts oppressively
2               or unreasonably in passing a resolution if --
3                 (a) the resolution would not have been passed, or not have
4                       been passed as a particular type of resolution, but for the
5                       fact that a person was improperly denied a vote on the
6                       resolution; or
7                 (b) the resolution would have been passed, or would have
8                       been passed as a particular type of resolution, if a person
9                       had properly been given an opportunity to vote on the
10                      resolution.

11                           Division 3 -- Procedures
12   106.       Voting and resolutions
13      (1)     A proposed resolution can be put to the members of a
14              community corporation --
15                (a) at a general meeting; or
16                (b) outside of a general meeting.
17      (2)     A resolution can be proposed only by a member of the
18              community corporation who is entitled to vote on the resolution.
19      (3)     A proposed resolution can only be put to the members if --
20               (a) written notice of the proposed resolution is given to all
21                     members of the community corporation at least 14 days
22                     before the vote is taken at the meeting or the period for
23                     voting by electronic or other means opens; and
24               (b) the notice includes --
25                       (i) the terms of the proposed resolution; and
26                      (ii) details of the voting system to be used and any
27                             requirements for its use.




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1    (4)   The voting system, whether it is electronic or by other means,
2          must --
3           (a) enable votes to be cast in a manner designed to protect
4                 the integrity of the voting system; and
5           (b) comply with any requirements specified in the
6                 regulations.
7    (5)   A vote on a proposed resolution is to be taken as follows --
8           (a) 1 vote may be cast for each lot and each tier parcel in the
9                 community titles scheme;
10          (b) the value of the vote is the unit entitlement of the lot or
11                tier parcel.
12   (6)   A resolution is passed as an ordinary resolution of the
13         community corporation if the value of the votes cast in favour of
14         a proposed resolution is more than the value of the votes cast
15         against the proposed resolution.
16   (7)   A resolution is passed as a special resolution of the community
17         corporation if --
18           (a) the value of the votes cast in favour of a proposed
19                resolution total more than ¾ of the sum of the unit
20                entitlements of all the lots and tier parcels in the
21                community titles scheme; or
22           (b) for a community corporation with only 2 or 3 members,
23                the value of the votes cast in favour of a proposed
24                resolution total more than ⅔ of the sum of the unit
25                entitlements of all the lots and tier parcels in the
26                community titles scheme.
27   (8)   The vote attached to a lot --
28          (a) is exercisable by the owner of the lot; and
29          (b) if 2 or more persons own the lot, is exercisable only
30                through the owners jointly appointing a proxy.




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     Division 3     Procedures
     s. 106



1       (9)     The vote attached to a tier parcel --
2                (a) is exercisable by the community corporation for the
3                      community titles scheme that subdivides the parcel; and
4                (b) is exercisable only if the vote of the community
5                      corporation is cast according to an ordinary resolution of
6                      the members of the community corporation.
7     (10)      A decision about how a community corporation is to vote on a
8               proposed resolution of a community corporation of which it is a
9               member can be made by ordinary resolution whether or not the
10              proposed resolution is required to be a special resolution.
11    (11)      Meetings of community corporations in the community scheme
12              and voting arrangements must be organised so as to enable
13              decisions to be made as required under this section.
14    (12)      The community corporations of a community scheme can be
15              considering and voting on the same resolution during the same
16              period.
17    (13)      Scheme by-laws --
18                (a) can impose requirements for the operation of an
19                    electronic or other voting system; and
20               (b) can exclude the application of subsection (3) to a
21                    decision on a specified class of matters that may be
22                    determined by ordinary resolution; and
23                (c) can exclude a member of the community corporation
24                    whose contributions to the community corporation are
25                    overdue from voting on a resolution that may be passed
26                    as an ordinary resolution.
27    (14)      Scheme by-laws --
28                (a) cannot exclude the application of subsection (3) on a
29                    matter that must be determined by special resolution;
30                    and




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                                           Community corporation         Part 8
                                                     Procedures     Division 3
                                                                         s. 107



1              (b)    cannot exclude a member of the community corporation
2                     from voting on a resolution that is required to be a
3                     special resolution.
4     (15)    An ordinary resolution of a community corporation is of no
5             effect to the extent that it purports to exclude or restrict the
6             operation of scheme by-laws unless that is expressly
7             contemplated by the by-laws.

8    107.     Voting by proxy
9       (1)   A member of a community corporation can, by instrument in
10            writing, appoint a person to vote for the member as the
11            member's proxy.
12      (2)   Subject to any limitations expressed in the instrument of
13            appointment, the appointment of a proxy is for all purposes.
14      (3)   The instrument of appointment of a proxy may limit the
15            appointment --
16              (a) to a specified general meeting or to a vote on a specified
17                   proposed resolution; or
18              (b) to general meetings held, or to resolutions that are
19                   proposed, within a specified period; or
20              (c) to a specified purpose; or
21              (d) in any other specified way.
22      (4)   A person appointed as a proxy may be, but is not required to be,
23            a member of the community corporation.
24      (5)   If a member of a community corporation who is an individual
25            and who is the sole owner of a lot is present at a meeting of the
26            community corporation, the member must cast the member's
27            vote personally rather than by proxy.
28      (6)   If a member's proxy has a direct or indirect pecuniary or other
29            interest in the subject of a proposed resolution, the proxy --
30               (a) must inform the member of the details of the interest;
31                     and

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     Part 8         Community corporation
     Division 3     Procedures
     s. 108



1                (b)   can vote for the member as the member's proxy only if
2                      the member expressly directs the proxy in writing to do
3                      so in the particular case and only in accordance with
4                      those express directions.
5       (7)     The regulations may impose limitations on a scheme manager
6               being appointed as a proxy, including limitations as to the
7               number of members or unit entitlements of lots or tier parcels
8               for which a scheme manager may be appointed as a proxy.

9    108.       Annual general meeting
10              A community corporation must hold an annual general meeting
11              of the members of the corporation once in each 12 months and
12              not later than 15 months after its previous annual general
13              meeting.

14   109.       Convening of general meetings
15      (1)     A general meeting of the members of a community corporation
16              may be convened by the council of the community corporation.
17      (2)     The council must convene a general meeting on the written
18              request of a member or members of the community corporation
19              with lots or tier parcels with an aggregate relative unit
20              entitlement of 25% or more.
21      (3)     If the council does not, within 21 days after a request has been
22              made under subsection (2), take steps to convene a general
23              meeting, any of the members making the request may do so
24              within 3 months after the date of the request.
25      (4)     A general meeting of the community corporation is convened by
26              giving written notice of the meeting to all members of the
27              community corporation at least 14 days before the date of the
28              meeting.
29      (5)     The notice must --
30               (a) specify the day, time and place of the meeting (which
31                     must be fixed taking into account what might be


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                               Community corporation         Part 8
                                         Procedures     Division 3
                                                             s. 109



1          reasonably expected to be convenient to a majority of
2          the members of the community corporation); and
3    (b)   set out the agenda for the meeting, which must
4          include --
5             (i) a motion confirming the minutes of the previous
6                  general meeting; and
7            (ii) the terms of any resolutions to be put to the
8                  members of the community corporation at the
9                  meeting and, if the resolution is required to be a
10                 special resolution, a statement of that fact; and
11          (iii) other items of business that have been notified in
12                 writing to the council of the community
13                 corporation by a member of the community
14                 corporation in time for it to be reasonable for
15                 them to be included in the agenda; and
16          (iv) for an annual general meeting --
17                     (I) presentation of the statement of
18                           accounts for the previous financial year;
19                           and
20                    (II) presentation of the budget (including
21                           estimates of income and expenditure)
22                           for the current financial year for
23                           approval; and
24                   (III) presentation of the 10 year plan for the
25                           reserve fund; and
26                   (IV) determination of contributions to be
27                           paid by members for the current
28                           financial year or any part of that year;
29                           and
30                    (V) presentation of schedules and
31                           certificates relating to the insurance
32                           required for the community titles
33                           scheme for the current financial year or
34                           any part of that year; and


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     Part 8         Community corporation
     Division 3     Procedures
     s. 110



1                               (VI)    as necessary, the appointment or
2                                       election of members of the council of
3                                       the community corporation or officers
4                                       of the community corporation;
5                              and
6                        (v)   any other matters required to be included by the
7                              regulations.

8    110.       Procedure at general meetings
9       (1)     A general meeting of a community corporation can be held with
10              all persons or with some persons (including proxies)
11              participating by telephone, video link, internet connection or
12              similar means of remote communication.
13      (2)     A person attending a meeting by remote communication is taken
14              to be present at the meeting.
15      (3)     The officer of the community corporation assigned the function
16              of presiding at the meeting under the scheme by-laws is to
17              preside at the meeting.
18      (4)     Subject to the scheme by-laws, in the absence of that person, a
19              person present may be appointed to preside at the meeting by
20              the persons present and entitled to vote at the meeting.
21      (5)     No business may be transacted at a general meeting unless a
22              quorum is present at the time when the meeting proceeds to
23              business.
24      (6)     A quorum is constituted as follows --
25               (a) by persons entitled to cast votes for lots or tier parcels
26                     that together have a relative unit entitlement of 50% or
27                     more;
28               (b) if such persons are not present after 30 minutes has
29                     elapsed from the time appointed for the meeting, by
30                     persons entitled to vote who are present at that time.



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                                                Council and officers   Division 4
                                                                            s. 111


1             Note for this subsection:
2                   A special resolution cannot be passed at a meeting if a quorum is
3                   constituted under paragraph (b).

4                       Division 4 -- Council and officers
5    111.     Council and officers of community corporation
6       (1)   Unless the scheme by-laws provide otherwise, the council of a
7             community corporation for a community titles scheme is to be
8             constituted of --
9               (a) each community corporation of another community
10                    titles scheme that belongs to the scheme; and
11              (b) for each lot in the scheme, a person who is the owner,
12                    or, if the owner is a body corporate or if 2 or more
13                    persons own the lot, a nominee of the owner, of the lot.
14      (2)   The following persons are not eligible to be, or to be nominated
15            as, a member of the council of a community corporation --
16              (a) a scheme manager of any community corporation in the
17                    community scheme;
18              (b) according to the Interpretation Act 1984 section 13D, a
19                    bankrupt or a person whose affairs are under insolvency
20                    laws;
21              (c) a Chapter 5 body corporate within the meaning given in
22                    the Corporations Act 2001 (Commonwealth) section 9.
23      (3)   A person is not entitled to nominate a candidate for appointment
24            or election as a member of the council or an officer of the
25            community corporation unless the person is entitled to vote on
26            the appointment or election.
27      (4)   If a member of the council of a community corporation becomes
28            a person who is not eligible to be a member or to be nominated
29            as a member, the person ceases to hold office.
30      (5)   For any period for which a member of a community corporation
31            owes an outstanding amount of contributions to the community


                                                                                page 137
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     Part 8         Community corporation
     Division 4     Council and officers
     s. 111



1               corporation, the member or nominee of the member cannot vote
2               on any matter as a member of the council of the community
3               corporation.
4       (6)     An officer of a community corporation must be a member of the
5               council of the community corporation.
6       (7)     If a community corporation is a member of the council or an
7               officer of another community corporation, subject to its scheme
8               by-laws --
9                  (a) the person assigned the function of presiding at meetings
10                      of the community corporation is taken to be authorised
11                      to perform on its behalf its functions as a member or
12                      officer; and
13                (b) if that person is absent or is unable or unwilling to act,
14                      the council of the community corporation --
15                         (i) must authorise another individual to do so; and
16                        (ii) may revoke the authority of an individual so
17                              authorised.
18      (8)     Subject to subsection (2), a body corporate other than a
19              community corporation is eligible to be a member of the council
20              of a community corporation or an officer of a community
21              corporation.
22      (9)     A body corporate other than a community corporation that is a
23              member of the council of a community corporation or an officer
24              of a community corporation --
25                (a) must authorise an individual to perform on its behalf its
26                     functions as a member or officer; and
27                (b) may revoke the authority of an individual so authorised.
28    (10)      Neither the council of a community corporation nor an officer
29              of a community corporation can delegate functions under this
30              Act or the scheme by-laws.
31    (11)      An act or proceeding of a council of a community corporation is
32              not rendered invalid by reason only of a vacancy in its

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                                               Council and officers   Division 4
                                                                           s. 112



1             membership or a defect in the appointment or election of a
2             member.

3    112.     Functions and procedures of council
4       (1)   Subject to this Act, the scheme by-laws and any ordinary
5             resolution of the community corporation, the council of a
6             community corporation is responsible for performing the
7             functions of the community corporation.
8       (2)   If the performance of a function of a community corporation
9             requires an ordinary or special resolution, the council can
10            perform the function only if a vote has been taken on a proposed
11            resolution and it has been passed as an ordinary or special
12            resolution, as the case requires.
13            Note for this subsection:
14                  For example, money cannot generally be spent outside the budget
15                  unless that is authorised by ordinary resolution of the community
16                  corporation: see section 87.

17      (3)   Subject to this Act, the scheme by-laws and any ordinary
18            resolution of the community corporation, the council of a
19            community corporation may determine its own procedures.

20   113.     General duties and conflicts of interest
21      (1)   This section applies to a person who is --
22             (a) a member of the council of a community corporation
23                   (including when acting as an officer of the community
24                   corporation); or
25             (b) an individual who performs the functions of a
26                   community corporation or other body corporate that is a
27                   member of the council or an officer of a community
28                   corporation.
29      (2)   A person to whom this section applies --
30             (a) must at all times act honestly and in good faith in the
31                   performance of functions as a member of the council or
32                   an officer of the community corporation; and

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     Part 8         Community corporation
     Division 5     Miscellaneous
     s. 114



1                (b)    must at all times exercise the degree of care and
2                       diligence in the performance of those functions that a
3                       reasonable person in the person's position and the
4                       circumstances of the community corporation would
5                       reasonably be expected to exercise; and
6                 (c)   must not make improper use of the person's position --
7                          (i) to gain, directly or indirectly, an advantage for
8                              the person or any other person; or
9                         (ii) to cause detriment to the community corporation.
10      (3)     A person to whom this section applies --
11               (a) must inform the council of the community corporation
12                     in writing of any direct or indirect pecuniary or other
13                     interest that the person has that conflicts or may conflict
14                     with the performance of a function as a member of the
15                     council or, if applicable, as an officer of the community
16                     corporation; and
17               (b) must do so as soon as is practicable after the person
18                     becomes aware of the relevant facts; and
19               (c) in the case of a member of the council, must not vote on
20                     a matter in which the member has an interest required to
21                     be disclosed under paragraph (a).
22      (4)     Subsection (3) does not apply to an interest arising solely from
23              the fact that the person is a member of the community
24              corporation.

25                          Division 5 -- Miscellaneous
26   114.       Performance of council functions in general meeting
27      (1)     If the council of a community corporation is prohibited from
28              performing a function by reason of the scheme by-laws or a
29              resolution of the community corporation, the function may be
30              performed by the members of the community corporation in
31              general meeting.



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                                          Community corporation         Part 8
                                                Miscellaneous      Division 5
                                                                        s. 115



1       (2)   If, at any time, there is no council of a community corporation
2             or there are insufficient members of the council to constitute a
3             quorum, the functions of the council may be performed by the
4             members of the community corporation in general meeting.

5    115.     Protection from liability
6       (1)   This section applies to a person who is or has been --
7              (a) a member of the council of a community corporation
8                    (including when acting as an officer of the community
9                    corporation); or
10             (b) an individual who performs the functions of a
11                   community corporation or other body corporate that is a
12                   member of the council or an officer of a community
13                   corporation.
14      (2)   No civil liability attaches to a person to whom this section
15            applies for anything that the person has, in good faith, done or
16            omitted to be done --
17              (a) in the performance of a function under this Act or the
18                    scheme by-laws; or
19              (b) in the reasonable belief that the act or omission was in
20                    the performance of a function under this Act or the
21                    scheme by-laws.
22      (3)   A liability that would, but for subsection (2), attach to a person
23            attaches instead to the community corporation.

24   116.     Exclusion of Corporations Act
25            The following matters are declared to be excluded matters for
26            the purposes of the Corporations Act 2001 (Commonwealth)
27            section 5F in relation to the whole of the Corporations
28            legislation to which Part 1.1A of that Act applies --
29              (a) a community corporation;
30              (b) an act or omission of a person, body or other entity in
31                     relation to a community corporation.


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     Community Titles Bill 2018
     Part 9         Scheme managers

     s. 117



1                        Part 9 -- Scheme managers
2    117.       Authorisation of functions of scheme manager
3       (1)     A community corporation may, subject to this Part, authorise a
4               person (a scheme manager) to perform a specified scheme
5               function.
6       (2)     An authorisation under this section --
7                (a) is subject to any conditions specified by the community
8                      corporation; and
9                (b) may be varied or revoked by the community
10                     corporation.
11      (3)     If the performance of a function of a community corporation
12              requires a special resolution or ordinary resolution and a scheme
13              manager is authorised to perform the function, the scheme
14              manager may perform the function only if a vote has been taken
15              on a proposed resolution and it has been passed as an ordinary
16              or special resolution, as the case requires.
17      (4)     An Australian legal practitioner does not act as a scheme
18              manager in providing services that can, under the Legal
19              Profession Act 2008, be provided only by an Australian legal
20              practitioner.
21      (5)     A scheme manager cannot be authorised to perform any of the
22              following functions --
23                (a) authorising a person to perform a scheme function other
24                     than as an agent, employee or contractor of the scheme
25                     manager;
26                (b) determining contributions;
27                (c) entering into a contract with another scheme manager,
28                     varying, extending or terminating such a contract or
29                     making a decision relating to such a contract or the
30                     meaning of such a contract;



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                                        Scheme managers            Part 9

                                                                     s. 117



1           (d)    the functions of a community corporation as a member
2                  of the council or an officer of another community
3                  corporation;
4           (e)    terminating a contract for services or amenities under
5                  section 102;
6            (f)   commencing proceedings on behalf of the community
7                  corporation in the Tribunal or in a court or other
8                  tribunal;
9           (g)    authorising the community corporation's common seal
10                 to be applied to a document;
11          (h)    authorising a person to sign documents on behalf of the
12                 community corporation or on behalf of the council or an
13                 officer of the community corporation;
14           (i)   a scheme function declared by the regulations to be a
15                 scheme function that may not be performed by a scheme
16                 manager.
17   (6)   An act or thing done by a scheme manager under this section --
18          (a) has effect as if it were done by the community
19                corporation, council or officer of the community
20                corporation (as the case requires); and
21          (b) is taken to have been done by the community
22                corporation, council or officer of the community
23                corporation (as the case requires).
24   (7)   The authority of a scheme manager to perform a scheme
25         function does not prevent the function from being performed by
26         the community corporation or the council or officer of the
27         community corporation (as the case requires).
28   (8)   However, if the community corporation or the council or officer
29         of the community corporation performs such a function, the
30         community corporation, council or officer must notify the
31         scheme manager authorised to perform the function of that fact.




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     Part 9         Scheme managers

     s. 118




1    118.       Requirements to be met by scheme manager
2       (1)     Despite an authorisation under section 117, a person is not
3               authorised to perform functions as a scheme manager unless --
4                 (a) a contract (a scheme management contract) is in force
5                       between the scheme manager and the community
6                       corporation; and
7                 (b) the requirements of the regulations are met by the
8                       scheme manager and each agent, employee or contractor
9                       of the scheme manager for --
10                         (i) the conduct of, and verification of the conduct of,
11                              criminal record checks; and
12                        (ii) educational or other qualifications; and
13                       (iii) any other matter relevant to the performance of
14                              functions as a scheme manager;
15                      and
16                (c) the scheme manager maintains professional indemnity
17                      insurance as required by the regulations.
18      (2)     This section does not apply to a volunteer scheme manager.

19   119.       Scheme management contract: minimum requirements
20      (1)     A scheme management contract must be in writing and --
21               (a) state the scheme manager's name and address for
22                    service; and
23               (b) state the community corporation's name and address for
24                    service; and
25               (c) state the Australian Company Number or Australian
26                    Business Number of each party with such a number; and
27               (d) specify when the contract starts and ends; and
28               (e) specify each scheme function to be performed by the
29                    scheme manager under the contract; and



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                                         Scheme managers            Part 9

                                                                       s. 119



1            (f)   specify any conditions that are to apply to the
2                  performance of the functions; and
3           (g)    provide that the scheme manager must give the
4                  community corporation written reports about the scheme
5                  manager's performance of functions under the contract
6                  and set out the reporting requirements as to content and
7                  timing of the reports; and
8           (h)    specify the remuneration that is payable under the
9                  contract or the manner in which the remuneration that is
10                 payable under the contract is to be calculated; and
11           (i)   specify the accounts to be used under section 122; and
12           (j)   set out the text of, or give notice drawing attention to,
13                 section 125; and
14          (k)    provide for any other matter that is required by the
15                 regulations.
16   (2)   Before entering into a scheme management contract, the scheme
17         manager must disclose in writing to the community
18         corporation --
19           (a) any direct or indirect pecuniary or other interest that the
20                scheme manager has that conflicts or may conflict with
21                the performance of the scheme manager's functions; and
22           (b) the amount or value of any remuneration or other benefit
23                that the scheme manager has a reasonable expectation of
24                receiving (other than from the community corporation)
25                in connection with the performance of the scheme
26                manager's functions.
27   (3)   Any variation to, or extension or renewal of, a scheme
28         management contract must be in writing.
29   (4)   This section does not limit the matters that may be included in a
30         scheme management contract.




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     Part 9         Scheme managers

     s. 120



1    120.       General duties and conflict of interest
2       (1)     A scheme manager of a community corporation --
3                (a) must at all times act honestly and in good faith in the
4                     performance of the scheme manager's functions; and
5                (b) must at all times exercise a reasonable degree of skill,
6                     care and diligence in the performance of the scheme
7                     manager's functions; and
8                (c) must have a good working knowledge of this Act; and
9                (d) must not make improper use of information acquired as
10                    the community corporation's scheme manager --
11                       (i) to gain, directly or indirectly, an advantage for
12                            the scheme manager or any other person; or
13                      (ii) to cause detriment to the community corporation
14                            or a member of the community corporation;
15                    and
16               (e) must not make improper use of the position of scheme
17                    manager --
18                       (i) to gain, directly or indirectly, an advantage for
19                            the scheme manager or any other person; or
20                      (ii) to cause detriment to the community corporation
21                            or a member of the community corporation;
22                    and
23                (f) must take reasonable steps to ensure that the scheme
24                    manager's agents, employees and contractors comply
25                    with this Act when performing the scheme manager's
26                    functions.
27      (2)     A scheme manager of a community corporation --
28               (a) must inform the community corporation in writing of
29                    any direct or indirect pecuniary or other interest that the
30                    scheme manager has that conflicts or may conflict with
31                    the performance of the scheme manager's functions; and



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                                            Scheme managers            Part 9

                                                                             s. 121



1              (b)   must do so as soon as is practicable after the scheme
2                    manager becomes aware of the relevant facts.

3    121.     Disclosure of remuneration and other benefits
4       (1)   A scheme manager of a community corporation --
5              (a) must inform the community corporation in writing of the
6                   amount or value of any remuneration or other benefit
7                   that the scheme manager receives, or has a reasonable
8                   expectation of receiving, (other than from the
9                   community corporation) in connection with the
10                  performance of the scheme manager's functions; and
11             (b) must do so as soon as is practicable after the scheme
12                  manager becomes aware of the relevant facts.
13      (2)   Subsection (1) does not apply to remuneration or any other
14            benefit that is less than an amount or value specified in or
15            calculated in accordance with the regulations.

16   122.     Operation of accounts
17      (1)   A scheme manager (other than a volunteer scheme manager)
18            must pay all money received on behalf of a community
19            corporation into 1 of the following accounts --
20              (a) a separate ADI trust account for the community
21                   corporation;
22              (b) a pooled ADI trust account solely for a number of
23                   community corporations for which the person is a
24                   scheme manager;
25              (c) an ADI account of the community corporation
26                   nominated to the scheme manager for the purpose by the
27                   community corporation.
28      (2)   If a community corporation has a volunteer scheme manager,
29            the community corporation must have an ADI account and the
30            volunteer scheme manager must pay all money received on
31            behalf of the community corporation into an ADI account of the
32            community corporation.

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     Community Titles Bill 2018
     Part 9         Scheme managers

     s. 123



1       (3)     A scheme manager must be able to account separately for
2               money that the scheme manager is paid or receives on behalf of
3               a community corporation.
4       (4)     A scheme manager may pay out of an account mentioned in
5               subsection (1) an amount that is payable by the community
6               corporation on whose behalf money is received.
7       (5)     Money paid into a trust account is not available for the payment
8               of the debt of any creditor of the scheme manager and cannot be
9               attached or taken in execution under an order or process of any
10              court at the instance of a creditor of the scheme manager.
11      (6)     The regulations may provide for other matters relating to the
12              operation of trust accounts by scheme managers.

13   123.       Accounting information
14      (1)     A community corporation can, by written notice, require a
15              scheme manager to provide the following information to the
16              community corporation --
17                (a) the name and number of each account operated by the
18                    scheme manager in performing scheme functions and
19                    the name and identifying number or code of the ADI
20                    with which each account is held;
21                (b) the balance in each such account standing to the credit
22                    of the community corporation on a specified date;
23                (c) particulars of cheques drawn or amounts transferred out
24                    of an account by the scheme manager on behalf of the
25                    community corporation but for which amounts have not,
26                    as at a specified date, been paid out of the account;
27                (d) particulars relating to the payment of money to, or the
28                    receipt of money by, the scheme manager on behalf of
29                    the community corporation;
30                (e) particulars relating to the manner and time of disposal of
31                    money paid to, or received by, the scheme manager on
32                    behalf of the community corporation that is not still held
33                    by the scheme manager;

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1               (f)    particulars relating to a specified transaction that has
2                      been entered into by the scheme manager on behalf of
3                      the community corporation.
4       (2)   The scheme manager must comply with the notice within a
5             reasonable time but, in any event, within 7 days after the day the
6             notice was given.
7       (3)   However, a scheme manager does not have to provide the
8             community corporation with information in relation to a matter
9             as it was, or that occurred, more than 7 years before notice
10            requiring the information is given.

11   124.     Audits
12      (1)   A scheme manager who operates an account in performing
13            scheme functions must, if the community corporation has an
14            auditor, give the auditor access to statements of the account, or
15            otherwise authorise the auditor's access to statements of the
16            account, if required by the auditor to do so.
17      (2)   A scheme manager of a community corporation must provide
18            such an auditor with --
19              (a) any document in the scheme manager's possession or
20                   control relating to money paid to, or received by, the
21                   scheme manager on behalf of the community
22                   corporation that the auditor reasonably requires; and
23              (b) any other information relating to money paid to, or
24                   received by, the scheme manager on behalf of the
25                   community corporation that the auditor reasonably
26                   requires.

27   125.     Termination of scheme management contract
28      (1)   There are proper grounds for termination of a scheme
29            management contract by a community corporation if --
30             (a) the scheme manager has contravened this Act; or
31             (b) the scheme manager has contravened the contract; or


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1                 (c)   the scheme manager is, according to the Interpretation
2                       Act 1984 section 13D, a bankrupt or a person whose
3                       affairs are under insolvency laws; or
4                (d)    the scheme manager is a Chapter 5 body corporate
5                       within the meaning given in the Corporations Act 2001
6                       (Commonwealth) section 9; or
7                 (e)   the scheme manager, or a director or chief executive
8                       officer of the scheme manager, is convicted in this State
9                       of an offence punishable by imprisonment for 12 months
10                      or longer and the community corporation is satisfied that
11                      the offence affects the scheme manager's suitability to
12                      perform the scheme manager's functions; or
13                (f)   the scheme manager, or a director or chief executive
14                      officer of the scheme manager, is convicted outside this
15                      State, in Australia or elsewhere, of an offence that, if it
16                      had been committed in this State, would be punishable
17                      by imprisonment for 12 months or longer and the
18                      community corporation is satisfied that the offence
19                      affects the scheme manager's suitability to perform the
20                      scheme manager's functions.
21      (2)     If a community corporation is satisfied that there are proper
22              grounds for termination of a scheme management contract, the
23              community corporation may terminate the contract by giving
24              the scheme manager written notice of termination --
25                 (a) specifying the date (being not less than 28 days after the
26                      date of the notice) on which the termination will take
27                      effect; and
28                (b) informing the scheme manager of the right to apply to
29                      the Tribunal for review of the decision to terminate the
30                      contract.
31      (3)     Before a community corporation terminates a scheme
32              management contract under subsection (2), the community
33              corporation must give the scheme manager a notice (a show
34              cause notice).


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1       (4)   A show cause notice must --
2              (a) be in writing; and
3              (b) state that the community corporation proposes to
4                   terminate the scheme management contract; and
5              (c) specify the grounds on which it is proposed to terminate
6                   the scheme management contract; and
7              (d) set out particulars of the facts relied on as evidence of
8                   those grounds; and
9              (e) invite the scheme manager to make written submissions
10                  to the community corporation as to why the scheme
11                  management contract should not be terminated; and
12              (f) specify the period (being at least 14 days after the date
13                  of the notice) within which the written submissions must
14                  be received by the community corporation.
15      (5)   A community corporation must give proper consideration to any
16            written submissions made by the scheme manager within the
17            period specified in the show cause notice.
18      (6)   Nothing in this section affects the operation of section 102 in
19            relation to a scheme management contract or any other right that
20            the community corporation may have to terminate the contract.

21   126.     Return of property
22      (1)   If a scheme management contract is terminated, the scheme
23            manager must return to the community corporation --
24               (a) all records of the community corporation, including
25                    records of account, in the scheme manager's possession
26                    or control; and
27              (b) all keys and other property of the community
28                    corporation in the scheme manager's possession or
29                    control.
30      (2)   The property must be returned to the community corporation
31            within 28 days after the day on which the contract is terminated


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1               (even if the scheme manager has made an application for review
2               of the decision to terminate the contract).
3       (3)     The community corporation may agree to the property being
4               made available for collection by another scheme manager
5               engaged by the community corporation or being returned in
6               some other manner.
7       (4)     A scheme manager cannot exercise any claim or lien against or
8               on the property of a community corporation that the scheme
9               manager is required, under this section, to return to the
10              community corporation.

11   127.       Provision of information about industry
12              The regulations may require a scheme manager (other than a
13              volunteer scheme manager) to lodge a periodic return at the
14              office of the Authority containing aggregated information about
15              community titles schemes managed by the scheme manager
16              (being information ordinarily kept by a scheme manager and
17              readily available) for the purposes of the Authority --
18                (a) publishing, if it chooses to do so, a list of scheme
19                      managers; and
20                (b) using the information to develop policy and advise the
21                      Minister on matters related to scheme managers.

22   128.       Contracting out prohibited
23      (1)     A contract or arrangement is of no effect to the extent that it
24              purports to exclude or restrict the operation of this Part.
25      (2)     A purported waiver of a right, remedy or benefit conferred on a
26              person under this Part is of no effect.




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1    129.     Protection from liability
2       (1)   No civil liability attaches to a volunteer scheme manager for
3             anything that the manager has, in good faith, done or omitted to
4             be done --
5               (a) in the performance of a function under this Act or the
6                    scheme by-laws; or
7               (b) in the reasonable belief that the act or omission was in
8                    the performance of a function under this Act or the
9                    scheme by-laws.
10      (2)   A liability that would, but for subsection (1), attach to a
11            volunteer scheme manager attaches instead to the community
12            corporation.




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     Part 10        Protection of buyers

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1                      Part 10 -- Protection of buyers
2    130.       Information to be given before contract
3       (1)     Before a buyer signs a contract for the sale and purchase of a lot
4               in a community titles scheme, the seller of the lot must give the
5               buyer the following --
6                 (a) the name and address of the seller;
7                 (b) the following information --
8                         (i) if there is a community development statement in
9                              force for the community scheme, the community
10                             development statement;
11                       (ii) the scheme documents (and any scheme by-laws
12                             that have been made but not yet registered) for
13                             the community titles scheme to which the lot
14                             belongs and for any community titles scheme to
15                             which the scheme belongs;
16                      (iii) the name and address for service of the
17                             community corporation and of each related
18                             community corporation;
19                      (iv) either --
20                                 (I) the minutes of the most recent annual
21                                       general meeting and of any subsequent
22                                       extraordinary general meetings of the
23                                       community corporation; or
24                                (II) a statement of why the seller has been
25                                       unable to obtain the minutes;
26                       (v) either --
27                                 (I) the statement of accounts last prepared
28                                       by the community corporation; or
29                                (II) a statement of why the seller has been
30                                       unable to obtain a statement of
31                                       accounts;



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1          (vi)    a copy of any notice received by the seller from
2                  the community corporation in relation to any
3                  current termination proposal for the community
4                  titles scheme;
5    (c)   the following information relating to the lot --
6             (i) its exact location shown on the scheme plan, or
7                  an extract from the scheme plan, for the
8                  community titles scheme;
9            (ii) its definition, as contained in the scheme plan for
10                 the community titles scheme;
11          (iii) the unit entitlement of the lot and the sum of the
12                 unit entitlements of all the lots and tier parcels in
13                 the community titles scheme;
14          (iv) if contributions have been determined by the
15                 community corporation within the previous
16                 12 months, the amount and due date of the
17                 contributions payable by the lot owner;
18           (v) if contributions have not been so determined, a
19                 reasonable estimate of the amount of the
20                 contributions likely to be payable for the
21                 12 months following the proposed settlement
22                 date;
23          (vi) details of any debt owed by the owner of the lot
24                 to the community corporation, including how the
25                 debt arose, the date on which it arose and the
26                 amount outstanding;
27         (vii) if the lot is a special lot, details of the exclusive
28                 use by-laws that apply to the lot;
29   (d)   details of the terms and conditions of any lease, licence,
30         right of exclusive use and enjoyment or special privilege
31         (or proposed lease, licence, right of exclusive use and
32         enjoyment or special privilege) over common property
33         in the community titles scheme or any related
34         community titles scheme;


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1                 (e)   any other information required by the regulations.
2       (2)     If the lot has not yet been created, a reference in
3               subsection (1) --
4                  (a) to a community development statement or scheme
5                        document is to be read as a reference to the latest
6                        version of the draft community development statement,
7                        amendment of a community development statement,
8                        scheme document or amendment of a scheme document
9                        as relevant to the lot as proposed to be created; and
10                (b) to a unit entitlement of the lot or to contributions is to be
11                       read as a reference to a reasonable estimate of that unit
12                       entitlement or contributions; and
13                 (c) to any other matter (such as leases, licences or special
14                       privileges) is to be read as a reference to a reasonable
15                       expectation about the matter as relevant to the lot as
16                       proposed to be created.
17      (3)     Subsection (4) applies if --
18               (a) the community titles scheme has not been registered; or
19               (b) the first annual general meeting of the community
20                     corporation has not been held; or
21               (c) the original subdivision owner owns lots in the
22                     community titles scheme with an aggregate relative unit
23                     entitlement of 50% or more; or
24               (d) if the relative unit entitlement of a tier parcel in the
25                     community titles scheme is 50% or more, and the
26                     original subdivision owner owns lots in the community
27                     titles scheme of that tier parcel with an aggregate
28                     relative unit entitlement of 50% or more; or
29               (e) the original subdivision owner otherwise controls 50%
30                     or more of the voting power of members of the
31                     community corporation.
32      (4)     Before a buyer signs a contract for the sale and purchase of a lot
33              in circumstances in which this subsection applies, if the original

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1             subdivision owner for the subdivision by which the lot is
2             created is the seller of the lot, the seller must also give the
3             buyer --
4               (a) a statement of the estimated income and expenditure of
5                     the community corporation for the 12 months after the
6                     proposed settlement date; and
7               (b) details of any disclosure that the original subdivision
8                     owner is required to make under section 67; and
9               (c) details of any contract (or proposed contract) for the
10                    provision of services or amenities to the community
11                    corporation or to members of the community
12                    corporation entered into or arranged by the original
13                    subdivision owner or by the community corporation,
14                    including --
15                       (i) its terms and conditions; and
16                      (ii) the consideration and the estimated costs to the
17                            members of the community corporation.
18      (5)   The seller must comply with this section either --
19             (a) by giving the buyer a notice in the approved form; or
20             (b) by including the information and statements in the
21                    contract to be signed by the buyer in the manner set out
22                    in the regulations.
23      (6)   In any court or tribunal proceedings arising out of or connected
24            with a contract for the sale and purchase of a lot, the onus of
25            proving that the required information and statements were given
26            in accordance with this section lies on the seller.

27   131.     Information to be given after contract
28      (1)   If a notifiable variation occurs after a buyer signs a contract for
29            the sale and purchase of a lot, the seller must, by notice in
30            writing, inform the buyer of particulars of the notifiable
31            variation that a reasonable person would consider sufficient to
32            enable the buyer to make an adequately informed assessment as


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1               to whether the buyer is materially prejudiced by the notifiable
2               variation.
3       (2)     The regulations may provide that if the notice contains specified
4               particulars of a notifiable variation of a specified type it will be
5               conclusively presumed to contain the particulars required by
6               subsection (1).
7       (3)     The seller must comply with subsection (1) --
8                (a) if the seller becomes aware of the notifiable variation
9                       less than 15 working days before the settlement date for
10                      the contract -- as soon as practicable; and
11               (b) in any other case -- not later than 10 working days after
12                      the seller becomes aware of the notifiable variation.
13      (4)     Subsection (1) does not apply if --
14               (a) the seller has in the contract informed the buyer of any
15                     proposed action or matter that would be a notifiable
16                     variation; and
17               (b) the action or matter when completed does not differ
18                     from that described in the contract; and
19               (c) the seller gives the buyer written notice of completion of
20                     the action or matter within the time required by
21                     subsection (5), with particulars which a reasonable
22                     person would consider sufficient to enable the buyer to
23                     make an adequately informed assessment as to whether
24                     the action or matter as completed differs from that
25                     described in the contract.
26      (5)     For subsection (4)(c), the time required for notice of completion
27              is --
28                (a) if the seller becomes aware of the completion of the
29                     action or matter less than 15 working days before the
30                     settlement date for the contract -- as soon as
31                     practicable; and




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1              (b)    in any other case -- not later than 10 working days after
2                     the seller becomes aware of completion of the action or
3                     matter.
4       (6)   In any court or tribunal proceedings arising out of or connected
5             with a contract for the sale and purchase of a lot, the onus of
6             proving that a notice required by subsection (1) or a notice
7             referred to in subsection (4)(c) was given in accordance with
8             this section lies on the seller.
9    132.     Delay in settlement for failure to give information
10      (1)   A buyer may, by written notice to the seller, postpone the
11            settlement date for a contract for the sale and purchase of a lot if
12            the seller has not complied with section 130 or 131.
13      (2)   The settlement date may be postponed by no more than 15
14            working days after the latest date on which the seller complies
15            with the relevant requirements (even though that may be after
16            the contract has been entered into).

17   133.     Avoidance of contract for failure to give information
18      (1)   A buyer may avoid a contract for the sale and purchase of a lot
19            at any time before the settlement date for the contract --
20              (a) if the seller has not complied with section 130; and
21              (b) if the seller were now to comply with that section, the
22                    buyer would receive information or a document that
23                    would disclose material prejudice to the buyer (proof of
24                    which lies on the buyer).
25      (2)   However, if the seller gives the buyer a notice substantially
26            complying with section 130 before the buyer avoids the contract
27            under this section, the buyer may avoid the contract under this
28            section only if the buyer does so within 15 working days after
29            the seller's notice is given to the buyer.




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1    134.       Avoidance of contract on notification of variation for
2               material prejudice
3               A buyer may avoid a contract for the sale and purchase of a lot
4               at any time within 15 working days after the seller gives the
5               buyer a notice under section 131(1) if --
6                 (a) the notifiable variation is not one to which
7                       section 131(4) applies; and
8                 (b) the buyer is materially prejudiced by the information or
9                       document disclosed (proof of which lies on the buyer).

10   135.       Avoidance of contract for failure to disclose type 1 notifiable
11              variation
12      (1)     A buyer may avoid a contract for the sale and purchase of a lot
13              at any time before the settlement date for the contract if --
14                (a) a type 1 notifiable variation occurs in relation to the
15                      contract; and
16                (b) the seller does not substantially comply with the
17                      requirement under section 131 to give notice of the
18                      variation to the buyer within the required time.
19      (2)     However, if the seller gives a notice substantially complying
20              with the requirement under section 131 before the buyer avoids
21              the contract under this section, the buyer may not avoid the
22              contract under this section more than 15 working days after the
23              seller's notice is given.

24   136.       Avoidance of contract for failure to disclose type 2 notifiable
25              variation
26      (1)     A buyer may avoid a contract for the sale and purchase of a lot
27              at any time before the settlement date for the contract --
28                (a) if --
29                        (i) a type 2 notifiable variation occurs in relation to
30                             the contract; and



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                                                                           s. 137



1                      (ii)   the seller does not substantially comply with the
2                             requirement under section 131 to give notice of
3                             the variation to the buyer within the required
4                             time; and
5              (b)   if the seller were now to comply with that section, the
6                    buyer would receive information or a document that
7                    would disclose material prejudice to the buyer (proof of
8                    which lies on the buyer).
9       (2)   However, if the seller gives a notice substantially complying
10            with the requirement under section 131 before the buyer avoids
11            the contract under this section, the buyer may not avoid the
12            contract under this section more than 15 working days after the
13            seller's notice is given.

14   137.     Proposed lot contract
15      (1)   This section applies to a contract for the sale and purchase of a
16            lot in a community titles scheme entered into before the lot is
17            created on registration of the scheme or an amendment of the
18            scheme.
19      (2)   A contract to which this section applies must --
20             (a) require any deposit or other amount payable by the
21                   buyer prior to registration of the community titles
22                   scheme or amendment of the community titles scheme
23                   to be paid by the buyer to an Australian legal
24                   practitioner, real estate agent or settlement agent to be
25                   held on trust for the buyer until the scheme is registered;
26                   and
27             (b) specify the practitioner or agent to whom payment is to
28                   be made by the buyer and how the payment may be
29                   made.
30      (3)   The buyer may, at any time before registration of the
31            community titles scheme or amendment of the community titles
32            scheme, avoid a contract to which this section applies if --
33              (a) the contract does not comply with subsection (2); or

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1                (b)    the lot is not created --
2                          (i) within a period after the date of the contract
3                                agreed in writing by the buyer and seller; or
4                         (ii) in the absence of such an agreement, within
5                                6 months after that date.
6       (4)     In this section --
7               date of the contract means the day on which the contract was
8               signed or, if the parties signed it on different days, the last of
9               those days;
10              real estate agent means a person licensed as a real estate agent
11              under the Real Estate and Business Agents Act 1978;
12              settlement agent means a person licensed as a settlement agent
13              under the Settlement Agents Act 1981.

14   138.       Avoidance of contract -- manner and effect
15      (1)     A notice of avoidance of a contract for the sale and purchase of
16              a lot must --
17                (a) be given by the buyer to the seller in writing; and
18                (b) specify the grounds on which the contract is avoided,
19                      including details of the material prejudice to the buyer if
20                      required as grounds for avoidance.
21      (2)     On the avoidance under this Part of a contract for the sale and
22              purchase of a lot --
23                (a) the buyer may recover from the seller as a debt all
24                     money paid by the buyer under the contract; and
25               (b) a person who is holding a deposit or other amount on
26                     behalf of the buyer for the contract must repay the
27                     deposit or other amount to the buyer, minus any amount
28                     due to the seller as rent for any period during which the
29                     buyer was in occupation of the lot or entitled to receive
30                     the rents and profits of the lot.




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1   139.     Contracting out prohibited
2      (1)   A contract or arrangement is of no effect to the extent that it
3            purports to exclude or restrict the operation of this Part.
4      (2)   No penalty is payable by a buyer under a contract or
5            arrangement for exercising a right under this Part.
6      (3)   A purported waiver of a right, remedy or benefit conferred on a
7            buyer by this Part is of no effect.




                                                                       page 163
     Community Titles Bill 2018
     Part 11        Termination
     Division 1     Termination proposals
     s. 140



1                           Part 11 -- Termination
2                     Division 1 -- Termination proposals
3    140.       Introduction
4       (1)     The termination of a community titles scheme may be proposed
5               by a person (the proponent) who is --
6                 (a) the owner of a lot in the community scheme; or
7                (b) a person who has a contractual right to purchase a lot in
8                       the community scheme; or
9                 (c) a body corporate formed by 2 or more such persons.
10      (2)     If it is proposed to terminate a tier 2 scheme, the proposal must
11              include a proposal to terminate each tier 3 scheme that belongs
12              to the tier 2 scheme.
13      (3)     If it is proposed to terminate a tier 1 scheme, the proposal must
14              include a proposal to terminate each tier 2 scheme that belongs
15              to the tier 1 scheme.

16   141.       Outline of termination proposal
17      (1)     The proponent of a proposal to terminate 1 or more community
18              titles schemes in a community scheme (a termination proposal)
19              must submit an outline of the proposal to each of the following
20              community corporations (the interested community
21              corporations for the termination proposal) --
22                 (a) the community corporation for a community titles
23                       scheme proposed to be terminated;
24                 (b) each community corporation that is related to that
25                       community corporation.
26      (2)     However, an outline of a termination proposal cannot be
27              submitted to a community corporation for a community titles
28              scheme proposed to be terminated --
29                (a) during any period commencing when an ordinary
30                     resolution has been passed by the community

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                                                 Termination       Part 11
                                       Termination proposals    Division 1
                                                                     s. 141



1                  corporation in support of an outline of another
2                  termination proposal and ending when that proposal
3                  cannot proceed further under this Division; or
4           (b)    during any period (not exceeding 12 months) for which
5                  the community corporation has, by ordinary resolution,
6                  prohibited termination proposals being submitted to it;
7                  or
8            (c)   during any period for which the Tribunal has, on
9                  application by the community corporation or a related
10                 community corporation, prohibited termination
11                 proposals being submitted to the community
12                 corporation.
13   (3)   If an outline of a termination proposal cannot be submitted to a
14         community corporation for a community titles scheme proposed
15         to be terminated, it cannot be submitted to the community
16         corporations related to that community corporation.
17   (4)   A community corporation to which an outline of a termination
18         proposal is submitted in accordance with this section must,
19         within 14 days after being given the proposal serve it on each
20         owner, and each registered mortgagee, of a lot in its community
21         titles scheme.
22   (5)   A community corporation must, on completion of the
23         requirements under subsection (4), give written notice of that
24         fact to the proponent of the termination proposal.
25   (6)   The tier 1 corporation must, within 14 days after being given an
26         outline of a termination proposal, lodge with the Registrar of
27         Titles notice of receipt of the outline in the approved form.
28   (7)   Any modification of an outline of a termination proposal
29         proposed by the proponent of the proposal must be submitted
30         and served in the same manner as for the outline.




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     Part 11        Termination
     Division 1     Termination proposals
     s. 142



1    142.       Content of outline of termination proposal
2       (1)     An outline of a termination proposal must --
3                (a) specify the name and address for service of the
4                      proponent of the proposal; and
5                (b) identify the community titles schemes proposed to be
6                      terminated; and
7                (c) provide an explanation of the reasons for proposing
8                      termination of the community titles schemes, including
9                      (without limitation) --
10                        (i) if the difficulty of raising sufficient contributions
11                             for repair of scheme buildings or infrastructure
12                             on common property is a reason for the proposal,
13                             a statement of that reason; and
14                       (ii) if community titles schemes are to be
15                             amalgamated, the reasons for amalgamation;
16                     and
17               (d) describe, in general terms, any proposals for contracts to
18                     be offered to owners of lots in a community titles
19                     scheme proposed to be terminated; and
20               (e) for each community titles scheme proposed to be
21                     terminated, describe, in general terms, what is proposed
22                     in terms of subdivision and development of the tier
23                     parcel following termination of the scheme; and
24                (f) describe the planning approvals required for the
25                     proposal described under paragraph (e) and the extent to
26                     which the proposal does not comply with any
27                     community development statement that is in force or
28                     any applicable planning scheme or interim development
29                     order under the Planning and Development Act 2005;
30                     and
31               (g) indicate, in general terms, the stages and timeframes for
32                     progress of the proposal if it proceeds; and




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                                                     Termination       Part 11
                                           Termination proposals    Division 1
                                                                         s. 143



1              (h)    provide an explanation, in the approved form, of the
2                     process for, and consequences of, termination of a
3                     community titles scheme under this Division; and
4               (i)   if, under the regulations, the proponent will be required
5                     to make arrangements for the obtaining of independent
6                     advice or representation for owners of lots affected by
7                     the proposal, provide details of the proposed
8                     arrangements; and
9               (j)   include any other information required by the
10                    regulations.
11      (2)   This section does not limit the matters that can be included in an
12            outline of a termination proposal.
13      (3)   An outline of a termination proposal must be in the approved
14            form.

15   143.     Ordinary resolution required to proceed further
16      (1)   A termination proposal can only proceed further if, within
17            3 months after an outline of the proposal has been submitted to
18            the interested community corporations for the proposal, each of
19            those community corporations passes an ordinary resolution
20            supporting consideration of a full proposal.
21      (2)   If there are only 2 lots in a community titles scheme, an
22            ordinary resolution is taken to be passed supporting
23            consideration of a full proposal if the vote attached to 1 of the
24            lots is cast in favour of the resolution (regardless of the unit
25            entitlement of the lot).

26   144.     Approval of plan of subdivision
27      (1)   If the requirements of section 143 are met and a termination
28            proposal can proceed further, the proponent of the proposal can
29            then make an application under the Planning and Development
30            Act 2005 Part 10 for approval of a plan of subdivision for the
31            proposal (that is, for 1 or more tier parcels to cease being
32            subdivided by a community titles scheme).

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1       (2)     The application must --
2                (a) to the extent that the subdivision of land is subdivision
3                      by a community scheme, be made in accordance with
4                      Part 3 Division 3; and
5                        Note for this paragraph:
6                               It may also be necessary to apply for an amendment of the
7                               community development statement under Part 3 Division 2.
8                (b)     to the extent that the subdivision of land involves land
9                        that is to cease being subdivided by a community
10                       scheme, be made under the Planning and Development
11                       Act 2005 Part 10 as an application for approval to
12                       subdivide land under that Act.
13      (3)     It is not necessary under subsection (2)(a) for a plan of
14              subdivision to show an amendment of a community titles
15              scheme as a consequence of the termination of a community
16              titles scheme that belongs to that scheme if the community titles
17              scheme (as amended) is, itself, also to be terminated.
18      (4)     The Planning and Development Act 2005 applies to the
19              application subject to the following modifications --
20                (a) a reference to subdivision is to be read as including a
21                      reference to termination of a community titles scheme;
22                (b) any other modifications set out in the regulations.
23                Note for this subsection:
24                     For an application under subsection (2)(a) the modifications to the
25                     Planning and Development Act 2005 are in addition to the
26                     modifications set out in section 30.

27   145.       Full proposal
28      (1)     If approval of a plan of subdivision is obtained as referred to in
29              section 144, the proponent of the proposal can then submit a full
30              proposal for the termination of the community titles schemes
31              to each community corporation in the community scheme.




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                                        Termination proposals    Division 1
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1    (2)   However, a full proposal cannot be submitted to a community
2          corporation --
3            (a) if it is more than 12 months since the requirements of
4                 section 143 were met for the proposal; or
5            (b) during any period for which the Tribunal has, on
6                 application by the community corporation or a related
7                 community corporation, prohibited termination
8                 proposals being submitted to the community
9                 corporation.
10   (3)   A community corporation to which a full proposal is submitted
11         in accordance with this section must, within 14 days after being
12         given the proposal, serve it on --
13           (a) each owner, occupier, registered mortgagee, or caveator,
14                 of a lot in its community titles scheme; and
15           (b) each person whose interest in a lot in the community
16                 titles scheme as a lessee, tenant or mortgagee is recorded
17                 in the scheme contacts register; and
18           (c) each occupier of common property in its community
19                 titles scheme.
20   (4)   A community corporation must, as soon as practicable, after
21         serving the proposal as required, give written notice to the tier 1
22         corporation of the date of service.
23   (5)   The tier 1 corporation must, within 14 days after being given a
24         full proposal, lodge with the Registrar of Titles notice of receipt
25         of the full proposal in the approved form.
26   (6)   Any modification of the full proposal proposed by the
27         proponent must be submitted and served in the same manner as
28         for the full proposal.
29   (7)   However, a modification cannot be submitted within 14 days
30         before voting on the termination proposal opens.




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1    146.       Content of full proposal
2       (1)     A full proposal for the termination of community titles schemes
3               must --
4                (a) include the material required to be included in an outline
5                       of a termination proposal; and
6                (b) be accompanied by the approved plan of subdivision for
7                       the proposal; and
8                (c) describe, in detail, what is proposed in terms of
9                       contracts to be offered to owners of lots, including --
10                         (i) contracts for the sale and purchase of lots in a
11                              community titles scheme before termination of
12                              the scheme, including --
13                                  (I) the name and address of the buyer; and
14                                 (II) the purchase price or a description of
15                                        how the purchase price is to be
16                                        determined; and
17                                (III) the terms and conditions of the
18                                        contracts for sale and purchase,
19                                        including proposed settlement dates, or
20                                        a description of how those terms and
21                                        conditions are to be determined; and
22                                (IV) any deductions proposed to be made out
23                                        of the purchase price or a description of
24                                        how those deductions are to be
25                                        determined;
26                              and
27                        (ii) contracts under which the owner of a lot in a
28                              community titles scheme proposed to be
29                              terminated acquires an interest in land in
30                              exchange for the lot, including --
31                                  (I) the choices available to owners or the
32                                        basis for determining those choices; and



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                                 Termination proposals    Division 1
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1                     (II)   the interests in land proposed to be
2                            acquired by the owners; and
3                    (III)   other terms and conditions of the
4                            exchange;
5                  and
6          (iii)   contracts under which the owner of a lot in a
7                  community titles scheme proposed to be
8                  terminated retains an interest in land following
9                  termination of the scheme or is to acquire a right
10                 or option relating to an interest in the land
11                 following its subdivision or development;
12         and
13   (d)   for each community titles scheme proposed to be
14         terminated, describe, in detail, what is proposed to
15         happen on termination in terms of the discharge,
16         withdrawal, removal or bringing forward of registered
17         mortgages over the lots and other estates and interests in
18         a lot or common property in the scheme that are
19         registered or recorded in the Register; and
20   (e)   for each community titles scheme proposed to be
21         terminated, describe, in detail, what is proposed to
22         happen on termination in terms of the contractual rights
23         of occupiers of lots or common property in the scheme;
24         and
25   (f)   for each community titles scheme proposed to be
26         terminated, describe, in detail, what is proposed in terms
27         of subdivision and development of the tier parcel
28         following termination, including --
29            (i) plans for demolition; and
30           (ii) plans for subdivision, including by registration of
31                  community titles schemes or amendments of
32                  community titles schemes; and
33          (iii) architectural plans for development;
34         and


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1                (g)    describe the planning approvals required for the
2                       proposal described under paragraph (f) and the extent to
3                       which the proposal does not comply with any
4                       community development statement that is in force or
5                       any applicable planning scheme or interim development
6                       order under the Planning and Development Act 2005;
7                       and
8                (h)    indicate, in detail, the stages and timeframes proposed
9                       for progress of the proposal if it proceeds, including
10                      expectations for when vacant possession of lots and
11                      common property will be required; and
12                (i)   describe any proposals for the temporary relocation of
13                      owners of lots in a community titles scheme proposed to
14                      be terminated, including any payments proposed to be
15                      made to owners of lots to enable them to arrange
16                      temporary relocation; and
17                (j)   for each community titles scheme proposed to be
18                      terminated, include a statement obtained from the
19                      community corporation of --
20                         (i) its current assets and liabilities; and
21                        (ii) any legal proceedings or pending legal
22                               proceedings to which the community corporation
23                               is or proposes to become a party;
24                      and
25               (k)    for each community titles scheme proposed to be
26                      terminated, specify the steps that will be taken to wind
27                      up the community corporation, including for the
28                      realisation of assets and the discharge or transfer of
29                      liabilities for termination of the scheme; and
30                (l)   any other information required by the regulations.
31      (2)     A full proposal must incorporate a report (a termination
32              infrastructure report) comprised of --
33                (a) a report of a structural engineer on the state and
34                      condition of each scheme building, and infrastructure

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                                        Termination proposals    Division 1
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1                  comprising common property, in each community titles
2                  scheme proposed to be terminated; and
3           (b)    a report of a person of a class specified in the
4                  regulations on the scope of works reasonably required to
5                  repair or replace the scheme buildings or infrastructure
6                  taking into account the report of the structural engineer;
7                  and
8            (c)   a report of a quantity surveyor estimating the cost of the
9                  works identified in the report under paragraph (b).
10   (3)   A full proposal must incorporate a report (a termination
11         valuation report) prepared and certified by a licensed valuer
12         setting out a valuation of the market value of each lot in a
13         community titles scheme proposed to be terminated.
14   (4)   The regulations may prescribe matters relating to the
15         determination of the market value of a lot for a termination
16         valuation report.
17   (5)   The valuation must be current as at a date that is not more than
18         21 days (or, if some other period is specified in the regulations,
19         that period) before submission of the full proposal to the
20         community corporation.
21   (6)   A person must, in preparing or certifying a termination
22         infrastructure report or a termination valuation report, comply
23         with the requirements of the regulations.
24   (7)   This section does not limit the matters that can be included in a
25         full proposal.
26   (8)   The terms of a termination proposal set out in the full proposal
27         are in substitution for the terms set out in the outline of the
28         termination proposal.
29   (9)   A full proposal, including the termination infrastructure report
30         and the termination valuation report must be in the approved
31         form.



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1    147.       Meetings and submissions
2       (1)     After receipt of a full proposal by a community corporation, 1
3               or more general meetings of the community corporation must be
4               convened to consider the termination proposal.
5       (2)     The members of the community corporation present at a
6               meeting may, by ordinary resolution (for which notice is not
7               required), require the proponent of the termination proposal to
8               leave the meeting while the proposal is discussed or, if the
9               proponent is not a member of the community corporation, to be
10              absent for the whole of the meeting.
11      (3)     The persons on whom a full proposal for the termination of a
12              community titles scheme must be served by the community
13              corporation for the scheme must be given a reasonable
14              opportunity to make submissions to the proponent of the
15              proposal and the community corporation.
16      (4)     The council of the community corporation may --
17               (a) discuss a termination proposal with the proponent; and
18               (b) inform the members of the community corporation of
19                     those discussions and of any clarifications or additional
20                     information provided by the proponent; and
21               (c) make recommendations to its members regarding the
22                     proposal.
23      (5)     The regulations may impose additional requirements about the
24              process required for consideration of a termination proposal.

25   148.       Vote
26      (1)     A termination proposal must be put to the vote of the owners of
27              the lots in the community scheme and it can only proceed
28              further if a termination resolution is passed.
29              Note for this subsection:
30                     The terms of the termination proposal are as set out in the full proposal
31                     rather than the outline: see section 146(8).




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1    (2)   A termination resolution is only effective if the voting period
2          opens at least 2 months after, and closes not more than 6 months
3          after, service of the full proposal by the community corporations
4          under this Division.
5    (3)   A termination proposal may be modified and a further vote
6          taken on the proposal, but no more than 3 such votes may be
7          taken and each vote must be taken within the period referred to
8          in subsection (2).
9    (4)   A person who is independent of the community corporations
10         and the proponent of the termination proposal must be
11         appointed to tally and count the votes on the proposal.
12   (5)   The vote must be taken as follows --
13          (a) 1 vote may be cast for each lot in the community
14                scheme;
15          (b) the value of each vote is 1.
16   (6)   A termination resolution is passed if the number of votes cast in
17         favour of the termination proposal equals the number of lots in
18         the community scheme.
19   (7)   A termination resolution is passed subject to confirmation of the
20         Tribunal as follows --
21           (a) for a proposal for the termination of all of the
22                community titles schemes in the community scheme --
23                   (i) if there are only 2 lots in the community
24                         scheme -- at least 1 vote is cast in favour of the
25                         termination proposal; or
26                  (ii) if there are 3 lots in the community scheme -- at
27                         least 2 votes are cast in favour of the termination
28                         proposal; or
29                 (iii) if there are more than 3 lots in the community
30                         scheme -- the number of votes cast in favour of
31                         the termination proposal is ¾ or more of the total
32                         number of lots in the community scheme;


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1                (b)   for a proposal for the termination of 1 or more tier 2
2                      schemes (together with their related tier 3 schemes) --
3                        (i) if there are 3 lots in the community scheme -- at
4                              least 2 votes are cast in favour of the termination
5                              proposal; or
6                       (ii) if there are more than 3 lots in the community
7                              scheme --
8                                  (I) for each tier 2 scheme proposed to be
9                                        terminated, the number of votes cast in
10                                       favour of the termination proposal by
11                                       the owners of lots in the tier 2 scheme
12                                       and any related tier 3 scheme is ¾ or
13                                       more of the total number of lots in those
14                                       related community titles schemes; and
15                                (II) the number of votes cast in favour of
16                                       the termination proposal by the owners
17                                       of lots in the community scheme is ½ or
18                                       more of the total number of lots in the
19                                       community scheme;
20               (c)   for a proposal for termination of 1 or more tier 3
21                     schemes --
22                       (i) for each tier 3 scheme proposed to be terminated,
23                             the number of votes cast in favour of the
24                             termination proposal by the owners of lots in the
25                             tier 3 scheme is ¾ or more of the total number of
26                             lots in the tier 3 scheme; and
27                      (ii) the number of votes cast in favour of the
28                             termination proposal by the owners of lots in the
29                             community scheme is ½ or more of the total
30                             number of lots in the community scheme.
31      (8)     A termination proposal must not be modified in a material
32              particular by the proponent after a termination resolution has
33              been passed unless the modification is supported under the same
34              voting arrangements as apply to the termination resolution.


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1       (9)   The independent person appointed to tally and count the votes
2             must --
3              (a) make a record of each vote identifying the lot for which
4                    it is cast and the date on which it was cast, and the tally
5                    of the votes; and
6              (b) as soon as reasonably practicable, give written notice to
7                    each community corporation in the community scheme
8                    of whether the termination resolution was passed and
9                    whether confirmation of the resolution by the Tribunal is
10                   required; and
11             (c) if confirmation of the resolution by the Tribunal is
12                   required, the independent person must provide the
13                   record made under paragraph (a) to the tier 1 corporation
14                   in the manner required by the regulations, but must not
15                   otherwise disclose information about who cast votes for
16                   or against the proposal or for which lots the votes were
17                   cast.
18    (10)    The tier 1 corporation must, as soon as practicable after a
19            termination resolution is passed --
20              (a) lodge with the Registrar of Titles notice of that fact in
21                    the approved form; and
22              (b) give written notice of that fact to the proponent of the
23                    termination proposal.
24    (11)    The notice must include a statement of whether or not
25            confirmation of the termination resolution by the Tribunal is
26            required.
27    (12)    The regulations may impose additional requirements about the
28            process required for voting on a termination proposal.

29   149.     Confirmation of termination resolution by Tribunal
30      (1)   If a termination proposal can proceed further only if the
31            Tribunal confirms the termination resolution, the proponent of
32            the proposal can apply to the Tribunal for that confirmation.


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1       (2)     The application must be made within 28 days after the close of
2               voting on the termination proposal or within an extension of that
3               period given by the Tribunal.
4       (3)     The application must be accompanied by --
5                (a) the full proposal for the termination of the community
6                      titles schemes; and
7                (b) all written submissions made to the proponent about the
8                      termination proposal; and
9                (c) any other material specified in the regulations.
10      (4)     For the State Administrative Tribunal Act 2004 section 45(1)(b),
11              each community corporation in the community scheme is
12              entitled to a copy of, or notice of, the application.
13      (5)     Each community corporation in the community scheme will be
14              taken to be a party to the proceedings.
15      (6)     A community corporation must, within 14 days after being
16              given notice of the application --
17                (a) serve notice of the application on --
18                        (i) each owner, occupier or registered mortgagee of
19                             a lot in its community titles scheme; and
20                       (ii) each occupier of common property in its
21                             community titles scheme; and
22                      (iii) each person whom the Tribunal requires to be
23                             served with notice of the application;
24                     and
25                (b) if the community titles scheme constitutes or includes a
26                     retirement village within the meaning of the Retirement
27                     Villages Act 1992 -- serve notice of the application on
28                     the Commissioner within the meaning of that Act; and




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1            (c)   provide the following to the Tribunal (which may then
2                  be released by the Tribunal to any person entitled to
3                  appear and be heard or to make submissions) --
4                     (i) in the case of the tier 1 corporation --
5                              (I) the record (as provided by the
6                                   independent person who counted the
7                                   votes) of each vote on the termination
8                                   resolution, identifying the lot for which
9                                   it was cast and the date on which it was
10                                  cast, and a tally of the votes;
11                            (II) any community development statement
12                                  in force;
13                   (ii) minutes of all meetings of the community
14                         corporation or the council of the community
15                         corporation at which the termination proposal
16                         was considered;
17                  (iii) all written submissions made to the community
18                         corporation about the termination proposal;
19                  (iv) if its community titles scheme is proposed to be
20                         terminated -- the scheme documents for the
21                         scheme;
22                   (v) anything else required by the regulations.
23   (7)   The tier 1 corporation must, within 14 days after being given
24         notice of the application, lodge with the Registrar of Titles
25         notice of the application in the approved form.
26   (8)   A person who is required to be served with notice of the
27         application is entitled to appear and be heard or make written
28         submissions to the Tribunal (as the Tribunal determines).
29   (9)   In proceedings for confirmation of a termination resolution, the
30         Tribunal may --
31           (a) make an order confirming the termination resolution
32                (which may be subject to the termination proposal being



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1                       modified in a specified manner as set out in
2                       subsection (14)); or
3                (b)    make a decision not to make such an order.
4      (10)     The Tribunal can only confirm a termination resolution if --
5                (a) for a tier 2 scheme, each tier 3 scheme that belongs to
6                      the tier 2 scheme can be terminated; and
7                (b) for a tier 1 scheme, each tier 2 scheme that belongs to
8                      the tier 1 scheme can be terminated; and
9                (c) in any case, the proponent of the termination proposal
10                     satisfies the Tribunal that --
11                        (i) the process required by this Division has been
12                              complied with; and
13                       (ii) under the termination proposal, the owner of a
14                              lot in a community titles scheme that is proposed
15                              to be terminated who does not support that
16                              termination will receive fair market value for the
17                              lot or a like for like exchange for the lot; and
18                      (iii) the termination proposal is otherwise just and
19                              equitable having regard to --
20                                  (I) the interests of the owners of the lots in
21                                         the community scheme; and
22                                 (II) the interests of the occupiers of the lots
23                                         and the occupiers of the common
24                                         property in the community scheme; and
25                                (III) the interests of registered mortgagees of
26                                         the lots in the community scheme; and
27                                (IV) the interests of any infrastructure
28                                         owners; and
29                                 (V) the interests of any other person with an
30                                         estate or interest in, or right over, a lot
31                                         or common property in the community
32                                         scheme that is registered or recorded in
33                                         the Register.

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1    (11)   In determining under subsection (10)(c)(ii) whether an owner of
2           a lot will receive fair market value for the lot --
3             (a) the Tribunal must be satisfied that --
4                      (i) the owner will receive an amount that is at least
5                            the amount of compensation that would be
6                            required to be paid by an acquiring authority
7                            under the Land Administration Act 1997 for
8                            taking of the lot without agreement; and
9                     (ii) the owner will not be disadvantaged in terms of
10                           the owner's financial position as a result of the
11                           termination of the community titles scheme;
12                  and
13            (b) in considering the amount of compensation that would
14                  be payable under the Land Administration
15                  Act 1997 section 241 --
16                     (i) that section is to be read as if the owner of the lot
17                           were the claimant and the proponent of the
18                           termination proposal were the acquiring
19                           authority; and
20                    (ii) no regard is to be had to any reference to
21                           proposed public works nor to the undertaking of
22                           improvements after there is a notice of intention;
23                           and
24                   (iii) an amount appropriate to compensate for the
25                           taking without agreement may be added to the
26                           award or offer (but it may not be more than 10%
27                           of the amount otherwise awarded or offered
28                           unless the Tribunal is satisfied that exceptional
29                           circumstances justify a higher amount);
30                  and
31            (c) without limitation, regard is to be had to the loss or
32                  damage, if any, sustained by the owner by reason of any
33                  of the following --
34                     (i) removal expenses;

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1                        (ii)   disruption and reinstatement of a business;
2                       (iii)   liability for capital gains tax, goods and services
3                               tax or other tax or duty;
4                       (iv)    conveyancing and legal costs and other costs
5                               associated with the creation or discharge of
6                               mortgages and other interests, including for the
7                               acquisition of a replacement property.
8      (12)     In determining under subsection (10)(c)(ii) whether an owner of
9               a lot will receive a like for like exchange for the lot, the
10              Tribunal must consider --
11                (a) whether the value of what is offered in exchange is
12                      equivalent to the fair market value of the lot (as set out
13                      in subsection (11)); and
14                (b) how the location, facilities and amenity of what is
15                      offered in exchange compares to that of the lot
16                      (including if the lot is proposed to be incorporated into
17                      another community titles scheme in the community
18                      scheme without a change in ownership).
19     (13)     Without limiting the factors that the Tribunal can take into
20              account under subsection (10)(c)(iii), the Tribunal must
21              consider the following --
22                (a) any evidence of impropriety in the termination process,
23                     including, for example --
24                        (i) evidence of proxy votes being exercised
25                             invalidly or votes being affected by undue
26                             influence in connection with the termination
27                             resolution; and
28                       (ii) evidence of false or misleading information
29                             (whether by inclusion or omission) having been
30                             included in the outline or the full proposal for the
31                             termination of the community titles schemes;
32                (b) the proportion of owners of lots in favour of and against
33                     the termination proposal in terms of numbers of lots and
34                     unit entitlements of lots and in terms of each community

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1                   titles scheme to be terminated and across the community
2                   scheme;
3             (c)   the termination infrastructure report and options
4                   reasonably available to address problems identified in
5                   the report (including the extent to which contributions
6                   would need to be increased for implementation of an
7                   option);
8            (d)    any arrangements for the owner of a lot in a community
9                   titles scheme that is to be terminated to buy back into
10                  the subdivided land following redevelopment;
11            (e)   the benefits and detriments of the termination proposal
12                  proceeding or not proceeding for all those whose
13                  interests must be taken into account in terms of each
14                  community titles scheme terminated, each community
15                  titles scheme not terminated and across the community
16                  scheme.
17   (14)   If the Tribunal is not satisfied of the matters set out in
18          subsection (10)(c)(ii) or (iii) but would be satisfied of those
19          matters if the termination proposal were modified in a specified
20          manner, the Tribunal may confirm the termination resolution
21          subject to the termination proposal being modified in the
22          specified manner.
23   (15)   Without limitation, the modifications may include a requirement
24          for the proponent to make a payment to a party to a lease or
25          tenancy agreement over a lot or common property in a
26          community titles scheme that will terminate as a consequence of
27          the termination of the scheme.
28   (16)   The modifications must not have the effect of being less
29          advantageous to any owner of a lot than the termination
30          proposal without modification.
31   (17)   Subsection (16) does not apply to an owner of a lot in the
32          capacity of a proponent of the termination proposal.




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     Division 1     Termination proposals
     s. 150



1      (18)     Without limiting other powers of the Tribunal to make ancillary
2               orders, if the Tribunal makes an order confirming a termination
3               resolution, it may also order that, on specified conditions
4               connected with the termination being met --
5                 (a) the owner of a lot must execute a transfer of ownership
6                       of the lot; or
7                 (b) a person with an estate or interest in, or right over, the
8                       whole or a part of a tier parcel that is registered or
9                       recorded in the Register must take steps necessary for
10                      the discharge, withdrawal or other removal, or for the
11                      bringing forward, of the estate, interest or right; or
12                (c) the occupier of a lot or the common property must
13                      vacate the lot or common property.
14     (19)     The Tribunal's powers under this section are exercisable only
15              by a judicial member (or by the Tribunal constituted of a
16              judicial member and other members).
17     (20)     A community corporation must, as soon as practicable after
18              being given notice of the decision of the Tribunal on an
19              application under this section --
20                (a) lodge with the Registrar of Titles notice of the decision
21                      in the approved form; and
22                (b) give written notice of the decision to each person
23                      entitled to receive notice of the application.

24   150.       Endorsement of subdivision approval on plan
25      (1)     If the termination proposal can proceed further under
26              section 148 (including, if required, because the Tribunal
27              confirms the termination resolution under section 149), the
28              proponent of the proposal can then request the Planning
29              Commission --
30                 (a) to the extent that the subdivision of land is subdivision
31                       by a community scheme, to approve a scheme plan or an
32                       amendment of a scheme plan in accordance with Part 3
33                       Division 3 and to endorse the approval of the plan of

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                                          Termination proposals    Division 1
                                                                        s. 151



1                    subdivision for the proposal obtained under section 144
2                    on the plan or amendment; and
3              (b)   to the extent that the subdivision of land will result in
4                    land no longer being subdivided by a community
5                    scheme, to approve a diagram or plan of survey under
6                    the Planning and Development Act 2005 section 145 and
7                    to endorse the approval of the plan of subdivision for the
8                    proposal obtained under section 144 on the diagram or
9                    plan of survey.
10      (2)   It is not necessary under subsection (1) for an amendment of a
11            scheme plan for a tier 1 or tier 2 scheme to be prepared to show
12            an amendment of the scheme as a consequence of the
13            termination of a community titles scheme that belongs to the
14            scheme if the tier 1 or tier 2 scheme is, itself, also to be
15            terminated.
16      (3)   The Planning and Development Act 2005 applies to a request
17            under subsection (1) subject to any modifications set out in the
18            regulations.

19   151.     Order for directions about winding up of community
20            corporation
21      (1)   Before a community titles scheme is terminated, an application
22            may be made to the Tribunal for an order for directions about
23            winding up the community corporation by --
24             (a) the community corporation; or
25             (b) a member of a community corporation; or
26             (c) a registered mortgagee of a lot in the scheme; or
27             (d) a judgment creditor of the community corporation.
28      (2)   If proceedings are before the Tribunal under section 149, the
29            application may be made in those proceedings.




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     Division 1     Termination proposals
     s. 152



1       (3)     Without limitation, an order under this section may include
2               directions for --
3                 (a) the sale or disposition of property of the community
4                       corporation (including to whom and how proceeds must
5                       be disbursed); or
6                 (b) the discharge of the liabilities of the community
7                       corporation; or
8                 (c) the administration and functions of the community
9                       corporation.
10      (4)     The applicant and any person to whom a copy of the application
11              has been given under the State Administrative Tribunal
12              Act 2004 section 45, is entitled to appear and be heard on the
13              hearing of the application.
14      (5)     The Tribunal may vary an order made under this section on the
15              application of any person who was entitled to appear and be
16              heard on the hearing of the application for the order.
17      (6)     An order under this section prevails over steps specified in a
18              termination proposal for winding up of the community
19              corporation to the extent of any inconsistency.

20   152.       Application for termination
21      (1)     The proponent of a termination proposal can make an
22              application for termination of a community titles scheme if --
23                (a) the relevant approvals have been obtained as set out in
24                      section 150; and
25                (b) the steps required to be taken before termination of the
26                      scheme for winding up the community corporation
27                      under the termination proposal or an order under
28                      section 151 have been taken.
29      (2)     The application must be made within 12 months after the
30              termination resolution has been passed or, if the proposal can
31              only proceed if the Tribunal confirms the termination resolution,


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                                              Termination proposals    Division 1
                                                                            s. 152



1          after the Tribunal has made an order under section 149
2          confirming the termination resolution.
3    (3)   If the tier 1 scheme is not to be terminated, an application must
4          also be made under Part 5 Division 1 for registration of 1 or
5          more community titles schemes or the amendment of 1 or more
6          community titles schemes as necessary in the circumstances.
7    (4)   However, it is not necessary to make an application for
8          registration of an amendment of a tier 2 scheme as a
9          consequence of the termination of 1 or more related tier 3
10         schemes if the tier 2 scheme is, itself, also to be terminated.
11   (5)   An application for termination of a community titles scheme
12         must --
13          (a) be made to the Registrar of Titles; and
14          (b) be in the approved form; and
15          (c) be accompanied by evidence in the approved form that
16                the requirements of this Act for the termination of the
17                scheme have been complied with; and
18          (d) be accompanied, for any land that is to cease being
19                subdivided by a community scheme, by any diagrams or
20                plans of survey endorsed with the approval of the
21                Planning Commission under the Planning and
22                Development Act 2005; and
23                 Note for this paragraph:
24                         If the tier 1 scheme is not to be terminated, necessary
25                         scheme plans or amendments of scheme plans will
26                         accompany an application for registration of a community
27                         titles scheme or amendments of community titles schemes
28                         made under Part 3 Division 3.
29           (e)   be accompanied, if applicable, by --
30                   (i) a statement (in the approved form) of how each
31                        item registered or recorded for the scheme in the
32                        Register is to be dealt with; and
33                  (ii) disposition statements, instruments or documents
34                        necessary for that purpose;

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     Division 1     Termination proposals
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1                       and
2                 (f)   be accompanied by the fee fixed by the regulations.

3    153.       Registration process for termination
4               The Registrar of Titles must, on an application for termination
5               made in accordance with section 152 --
6                (a) cancel the registration of the community titles scheme;
7                      and
8                (b) cancel the certificates of title for the lots in the
9                      community titles scheme.

10   154.       Effect of termination of scheme
11      (1)     A community titles scheme is terminated when cancellation of
12              the registration of the scheme is registered or recorded by the
13              Registrar of Titles.
14      (2)     On termination of a community titles scheme, the following
15              occur --
16                (a) the scheme documents cease to have any effect;
17                (b) if it is a tier 3 scheme --
18                       (i) the lots and common property that belonged to
19                              the tier 3 scheme cease to exist; and
20                      (ii) the tier 3 parcel becomes a tier 2 lot in the tier 2
21                              scheme to which the tier 3 scheme belonged; and
22                     (iii) the persons who were owners of the tier 3 lots
23                              immediately before termination of the scheme
24                              become the owners of the tier 2 lot as tenants in
25                              common in shares of the same proportions as the
26                              relative unit entitlements of their respective tier 3
27                              lots immediately before termination of the
28                              scheme (or, if there was only 1 such owner, the
29                              person becomes the owner of the tier 2 lot);




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                                 Termination proposals    Division 1
                                                               s. 154



1    (c)   if it is a tier 2 scheme --
2             (i) the lots and common property that belonged to
3                    the tier 2 scheme cease to exist; and
4            (ii) the tier 2 parcel becomes a tier 1 lot in the tier 1
5                    scheme to which the tier 2 scheme belonged; and
6           (iii) the persons who were owners of the tier 2 lots
7                    immediately before termination of the scheme
8                    become the owners of the tier 1 lot as tenants in
9                    common in shares in the same proportions as the
10                   relative unit entitlements of their respective tier 2
11                   lots immediately before termination of the
12                   scheme (or, if there was only 1 such owner, the
13                   person becomes the owner of the tier 1 lot);
14   (d)   if it is a tier 1 scheme --
15            (i) any community development statement ceases to
16                   have effect and
17           (ii) the lots and common property that belonged to
18                   the tier 1 scheme cease to exist; and
19          (iii) the tier 1 parcel becomes a parcel of land that is
20                   not subdivided by a community scheme; and
21          (iv) the persons who were owners of the tier 1 lots
22                   immediately before termination of the scheme
23                   become the owners of the parcel of land as
24                   tenants in common in shares in the same
25                   proportions as the relative unit entitlements of
26                   their respective tier 1 lots immediately before
27                   termination of the scheme (or, if there was only 1
28                   such owner, the person becomes the owner of the
29                   parcel of land);
30   (e)   the community corporation ceases to exist;
31   (f)   all rights vested in the community corporation
32         immediately before it ceased to exist are vested in the
33         persons who become owners of the lot or parcel of land
34         on termination of the scheme;


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     Division 1     Termination proposals
     s. 155



1                (g)   the persons who become owners of the lot or parcel of
2                      land on termination of the scheme become jointly and
3                      severally liable for all of the liabilities of the community
4                      corporation subsisting immediately before it ceased to
5                      exist (and those persons are liable to contribute amongst
6                      themselves in shares in the same proportions as apply to
7                      their ownership of the lot or parcel);
8                (h)   legal proceedings begun by or against the community
9                      corporation may be completed by or against the persons
10                     who were owners of lots in the scheme immediately
11                     before its termination.
12      (3)     If 2 or more persons own a lot in a community titles scheme that
13              is terminated, the owners hold their share in the new lot or
14              parcel of land as tenants in common or as joint tenants in the
15              same manner as they owned the lot and, if they owned it as
16              tenants in common, in the same proportions as they owned the
17              lot.

18   155.       Withdrawal of termination proposal
19      (1)     If the proponent of a termination proposal makes a decision not
20              to proceed with the proposal, the proponent must, as soon as
21              reasonably practicable, withdraw the proposal by written notice
22              to the community corporations to which the proposal or an
23              outline of the proposal was required to be submitted.
24      (2)     A community corporation that is given a written notice of
25              withdrawal of a termination proposal from the proponent of the
26              proposal must, within 14 days after being given the notice, serve
27              the notice on --
28                (a) each member of the community corporation; and
29                (b) if the full proposal has been served by the community
30                      corporation -- each occupier of a lot or common
31                      property in its community titles scheme other than a
32                      member of the community corporation; and



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                                          Termination proposals    Division 1
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1              (c)   each registered mortgagee of a lot in its community
2                    titles scheme.
3       (3)   A tier 1 corporation that is given a written notice of withdrawal
4             of a termination proposal from the proponent of the proposal
5             must, within 14 days after being given the notice, lodge with the
6             Registrar of Titles a notice of the withdrawal of the proposal in
7             the approved form.

8    156.     Notice that termination proposal cannot proceed further
9       (1)   This section applies if a termination proposal cannot proceed
10            further in respect of a community scheme for any of the
11            following reasons --
12              (a) at the end of 3 months after service of the outline of the
13                    termination proposal on the interested community
14                    corporations for the proposal, the requirements of
15                    section 143 have not been met;
16              (b) at the end of 6 months after service of the full proposal
17                    by the community corporations, a termination resolution
18                    has not been passed;
19              (c) at the end of 12 months after a termination resolution
20                    that does not require the confirmation of the Tribunal
21                    has been passed, no application for termination of the
22                    community titles schemes has been made;
23              (d) the termination resolution passed requires confirmation
24                    of the Tribunal and --
25                       (i) the Tribunal makes a decision not to confirm the
26                            resolution; or
27                      (ii) at the end of 12 months after the making of an
28                            order under section 149 confirming the
29                            termination resolution, no application for
30                            termination of the community titles schemes has
31                            been made.




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     Division 1     Termination proposals
     s. 157



1       (2)     If this section applies, the tier 1 corporation must --
2                  (a) lodge with the Registrar of Titles notice, in the approved
3                        form, that the termination proposal cannot proceed
4                        further; and
5                 (b) give written notice confirming that fact to --
6                          (i) the proponent of the termination proposal; and
7                         (ii) each member of the community corporation and
8                                each related community corporation.

9    157.       Notices received by Registrar of Titles
10              If a notice is lodged with the Registrar of Titles under this
11              Division, the Registrar of Titles must --
12                 (a) record a notification in the Register; and
13                (b) for a notice of withdrawal of a termination proposal or a
14                       notice that a termination proposal cannot proceed
15                       further, record the notice as a withdrawal of all earlier
16                       notifications recorded in the Register about the
17                       termination proposal.

18   158.       Costs of process
19      (1)     A community corporation may charge the proponent of a
20              termination proposal reasonable fees to cover costs associated
21              with undertaking an activity under this Division.
22      (2)     The fees must not exceed any limit imposed by the regulations.
23      (3)     A community corporation need not undertake the relevant
24              activity until the fees have been paid.
25      (4)     If the community corporation undertakes the relevant activity
26              before receiving payment for the activity, the community
27              corporation can recover, in a court of competent jurisdiction, the
28              fees for the activity as a debt owed to it by the proponent of the
29              termination proposal.




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                                         Termination by single owner    Division 2
                                                                             s. 159



1    159.     Arrangements for independent advice or representation for
2             owners
3       (1)   The regulations may require the proponent of a termination
4             proposal to enter into specified arrangements for the owners of
5             lots in a community titles scheme proposed to be terminated to
6             obtain independent advice or representation in connection with
7             the proposal.
8       (2)   Without limitation, the arrangements may include a requirement
9             for the proponent of a termination proposal to pay an amount to
10            a trustee to be held in trust for owners of lots who meet
11            specified criteria to obtain independent legal advice or
12            representation, valuation advice or reports or financial or
13            taxation advice in connection with the proposal.
14            Note for this section:
15                   The main purpose of the arrangements is to ensure that vulnerable
16                   owners have access to independent advice about a termination
17                   proposal.

18                Division 2 -- Termination by single owner
19   160.     Termination by single owner
20      (1)   If all the lots in a community scheme are owned by the same
21            person, that person can make an application for termination of
22            each community titles scheme in the community scheme if --
23               (a) a plan of subdivision for the termination of the scheme
24                     has been approved (that is, for the parcel to cease being
25                     subdivided by a community scheme); and
26              (b) a diagram or plan of survey has been endorsed with that
27                     approval.
28      (2)   An application for the required approvals must be made under
29            the Planning and Development Act 2005 Part 10 as an
30            application for approval to subdivide land under that Act.




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     Division 2     Termination by single owner
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1       (3)     The Planning and Development Act 2005 applies to the required
2               approval subject to the following modifications --
3                 (a) a reference to subdivision is to be read as including a
4                      reference to termination of a community scheme;
5                 (b) any other modifications set out in the regulations.
6       (4)     If an application for termination of a community scheme is
7               made under this section, sections 151, 152(5), 153 and 154
8               apply and any reference to "this Division" in those sections is to
9               be read as if it were a reference to this section.
10      (5)     The regulations may modify the application of Division 1 if all
11              the lots in a community titles scheme proposed to be terminated
12              (but not all of the lots in the community scheme) are owned by
13              the same person.




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                                                                         s. 161



1                   Part 12 -- Tribunal proceedings
2    161.     Scheme disputes
3       (1)   This Part provides for resolution by the Tribunal of the
4             following disputes (scheme disputes) --
5               (a) a dispute between scheme participants about --
6                       (i) the community development statement; or
7                      (ii) the scheme documents, including the validity of
8                             scheme by-laws; or
9                     (iii) the performance of, or the failure to perform, a
10                            function conferred or imposed on a person by
11                            this Act or scheme by-laws; or
12                    (iv) an alleged contravention of this Act (other than
13                            an offence); or
14                     (v) a resolution or decision of a community
15                            corporation or the council of a community
16                            corporation, including its validity; or
17                    (vi) the appointment or election of a member of the
18                            council or an officer of a community corporation,
19                            including its validity; or
20                   (vii) any other matter arising under this Act or the
21                            scheme by-laws;
22              (b) a dispute between an applicant for the registration of a
23                   community titles scheme or amendment of a community
24                   titles scheme and a person whose consent to the
25                   application is required, or who may object to the
26                   application, relating to the consent or objection;
27              (c) if the scheme by-laws (other than exclusive use by-laws)
28                   require the approval or consent of a person (other than
29                   the Planning Commission or a local government) to the
30                   amendment or repeal of certain scheme by-laws, a
31                   dispute between that person and the community
32                   corporation about a refusal to give an approval or
33                   consent;

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     s. 161



1                (d)    a dispute between an infrastructure owner and a
2                       community corporation about a matter connected with a
3                       common property infrastructure easement;
4                (e)    a dispute between an original subdivision owner and a
5                       community corporation about a matter arising under
6                       Part 6;
7                 (f)   a dispute between an applicant under section 94 and the
8                       community corporation about a matter arising under
9                       Part 8 Division 1 Subdivision 6;
10               (g)    a dispute between a scheme manager, or former scheme
11                      manager, of a community corporation and the
12                      community corporation about --
13                         (i) a matter arising under Part 9; or
14                        (ii) the scheme management contract; or
15                       (iii) the performance of, or the failure to perform, a
16                              function conferred or imposed on the scheme
17                              manager;
18               (h)    a dispute between a buyer or prospective buyer of a lot
19                      in a community scheme and the seller of the lot about a
20                      matter arising under Part 10;
21                (i)   a dispute of a class specified in the regulations.
22      (2)     The following are scheme participants --
23               (a) a community corporation in the community scheme;
24               (b) a person who is appointed as an administrator of a
25                      community corporation in the community scheme;
26               (c) a member of a community corporation in the community
27                      scheme;
28               (d) the occupier of a lot in the community scheme;
29               (e) the registered mortgagee of a lot in the community titles
30                      scheme;
31                (f) a member of the council of a community corporation, or
32                      an officer of a community corporation, in the


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                                                                       s. 161



1                 community scheme, who is not a member of the
2                 community corporation.
3    (3)   The following are not scheme disputes --
4           (a) a dispute with the Planning Commission or some other
5                  planning authority or that can be the subject of a review
6                  under the Planning and Development Act 2005 Part 14;
7           (b) a dispute with the Registrar of Titles;
8           (c) a dispute with the Valuer-General or a rating or taxing
9                  authority;
10          (d) a dispute about a contract of mortgage insurance under
11                 section 73;
12          (e) a contractual dispute, or a dispute about an estate or
13                 interest in land, between --
14                    (i) a scheme participant and a person who is not a
15                         scheme participant (other than a dispute arising
16                         out of a termination of a contract under
17                         section 102); or
18                   (ii) the owner of a lot and a buyer, mortgagee or
19                         prospective buyer or mortgagee of the lot (other
20                         than a dispute of a kind referred to in
21                         subsection (1)(f) or (h));
22           (f) a dispute about an amount owed as a debt;
23          (g) a dispute of a kind declared by the regulations not to be
24                 a scheme dispute.
25   (4)   An application for resolution of a scheme dispute can be made
26         to the Tribunal by a party to the dispute.
27   (5)   However, the occupier of a lot in a community titles scheme can
28         only apply for resolution of a scheme dispute under
29         subsection (1)(a) if the dispute is about --
30           (a) the scheme by-laws; or
31           (b) a resolution or decision of the community corporation
32                that directly affects the occupier; or


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     s. 162



1                (c)   an obligation or right of the occupier under this Act or
2                      the scheme by-laws.

3    162.       Procedure
4       (1)     The Tribunal may, on application by a member of a community
5               corporation, if it is satisfied that a community corporation has
6               unreasonably refused to make an application to the Tribunal
7               under this Act --
8                 (a) authorise the member to make the application on behalf
9                       of the community corporation; and
10                (b) authorise expenditure from a fund of the community
11                      corporation for legal advice and legal action for the
12                      proceedings.
13      (2)     For the State Administrative Tribunal Act 2004 section 45(1)(b),
14              the following persons are entitled to a copy of, or notice of, an
15              application to the Tribunal under this Act to which a community
16              corporation is a party --
17                (a) each member of the community corporation;
18                (b) each mortgagee of a lot who has given written notice of
19                      the mortgagee's interest to the community corporation;
20                (c) the occupier of each lot in the scheme that would be
21                      affected if the order sought were made.
22      (3)     Despite the State Administrative Tribunal Act 2004
23              section 45 --
24                (a) the entitlement is to a copy of the application unless
25                      there is an approved form for the purpose, in which case,
26                      the entitlement is to notice in the approved form; and
27                (b) if the applicant is not the community corporation --
28                        (i) the obligation to give a copy of, or notice of, the
29                              application to the persons entitled under
30                              subsection (2) falls on the community
31                              corporation rather than on the applicant; and



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                                                                                       s. 162



1                     (ii)    section 45(3) of that Act applies as if the
2                             community corporation were the applicant.
3    (4)   In addition to the circumstances in which the State
4          Administrative Tribunal Act 2004 section 47 applies, that
5          section applies to a scheme dispute if the Tribunal --
6            (a) is not satisfied that the nature of the dispute is more than
7                  trivial; or
8            (b) is not satisfied that the applicant has an interest in the
9                  matter that is more than trivial and warrants recourse by
10                 the applicant to the Tribunal; or
11           (c) is satisfied that the purpose of the application is to
12                 harass or annoy, or to cause delay or detriment, or is
13                 otherwise wrongful; or
14           (d) is satisfied that the nature and gravity of the dispute is
15                 such that it is reasonable to expect the parties to resolve
16                 the dispute without recourse to the Tribunal.
17   (5)   The Tribunal may make a final decision in proceedings under
18         this Act at a directions hearing if the Tribunal considers that
19         appropriate.
20         Note for this section:
21                Under the State Administrative Tribunal Act 2004 Part 4 Division 2 the
22                Tribunal may, amongst other things --
23                •     strike out all, or any part, of a proceeding if it considers that the
24                     matter, or any aspect of it, would be more appropriately dealt with
25                     by another tribunal, a court or any other person; or
26                •     dismiss or strike out a proceeding if it believes that it is frivolous,
27                     vexatious, misconceived or lacking in substance, is being used for
28                     an improper purpose or is otherwise an abuse of process; or
29                •     direct that proceedings be consolidated or split.
30                Under section 38 of that Act, the Tribunal may order that a person be
31                joined as a party to a proceeding.




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     s. 163



1    163.       Declarations
2       (1)     In proceedings under this Act, the Tribunal can make a
3               declaration concerning a matter in the proceedings instead of
4               any order the Tribunal could make, or in addition to any order
5               the Tribunal makes, in the proceedings.
6       (2)     The Tribunal's power to make a declaration is exercisable only
7               by a legally qualified member (or by the Tribunal constituted of
8               a legally qualified member and other members).
9       (3)     Without limitation, a declaration may be made that --
10               (a) a specified person has or has not contravened a specified
11                    provision of this Act or scheme by-laws; or
12               (b) a specified scheme by-law is or is not invalid; or
13               (c) a specified decision or resolution of a community
14                    corporation is or is not invalid; or
15               (d) a specified appointment or election of a member of a
16                    council of a community corporation or an officer of a
17                    community corporation is or is not invalid; or
18               (e) a settlement date for a contract for the sale and purchase
19                    of a lot was or was not validly postponed under this Act;
20                    or
21                (f) a contract for the sale and purchase of a lot was or was
22                    not validly avoided under this Act.

23   164.       Orders
24      (1)     In a proceeding under this Act, the Tribunal may make any
25              order it considers appropriate to resolve the dispute or
26              proceeding.
27      (2)     Without limitation, the orders that can be made by the Tribunal
28              on an application under this Act include the following --
29                (a) an order requiring a scheme document to be amended in
30                     a specified manner;



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                                                                         s. 164



1    (b)   an order requiring a structural element by reference to
2          which a lot in a community titles (building) scheme is
3          defined to be reinstated following its damage,
4          destruction or removal;
5    (c)   an order determining the form and location of utility
6          conduits to provide specified utility services subject to a
7          utility service easement;
8    (d)   an order requiring an original subdivision owner to pay
9          a specified amount to a community corporation, being
10         the whole or a part of the remuneration or the value of a
11         benefit that the original subdivision owner failed to
12         disclose as required under section 67;
13   (e)   an order determining action that must be taken or
14         refrained from being taken by a member of a community
15         corporation under section 84;
16   (f)   an order authorising a specified person to convene and
17         preside at a general meeting of a community
18         corporation --
19            (i) as the first annual general meeting; or
20           (ii) to appoint or elect members of the council or
21                  officers of the community corporation; or
22          (iii) for some other specified purpose;
23   (g)   an order authorising a specified person to convene and
24         preside at a meeting of the council of a community
25         corporation --
26            (i) to appoint or elect officers of the community
27                  corporation; or
28           (ii) for some other specified purpose;
29         Note for paragraphs (f) and (g):
30            The order may require the meeting to be held within a specified
31            period or require notice of the meeting to be given in a specified
32            manner.
33   (h)   an order removing a specified person from office as a
34         member of the council of a community corporation or as
35         an officer of a community corporation;

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1                (i)   an order appointing a specified person as a member of
2                      the council of a community corporation or as an officer
3                      of a community corporation to replace a person removed
4                      from office;
5                (j)   an order varying or terminating a scheme management
6                      contract;
7               (k)    an order requiring a scheme manager to pay a specified
8                      amount to a community corporation, being the whole or
9                      a part of the remuneration or the value of a benefit that
10                     the scheme manager failed to disclose as required under
11                     section 119(2)(b) or section 121;
12               (l)   an order requiring a community corporation to take
13                     specified action or to refrain from taking specified
14                     action in the performance or exercise of its functions,
15                     including the following --
16                        (i) an order to sell or acquire real or personal
17                             property;
18                       (ii) an order to enter into, vary or terminate a
19                             contract, including a contract for services or
20                             amenities to the community corporation or the
21                             members of the community corporation;
22                      (iii) an order that a particular insurance claim be
23                             pursued;
24                      (iv) an order that the amount of insurance cover be
25                             varied;
26                       (v) an order to allow the keeping of an animal on
27                             specified conditions or prohibit the keeping of an
28                             animal on a lot or common property;
29              (m)    an order requiring a person to take specified action or to
30                     refrain from taking specified action to remedy a
31                     contravention or prevent further contraventions of this
32                     Act, the scheme by-laws or a scheme management
33                     contract;
34              (n)    an order that the community corporation is to be taken to
35                     have passed or not to have passed a specified resolution

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                                                                      s. 164



1                 required under this Act or the scheme by-laws as an
2                 ordinary resolution or special resolution;
3           (o)   an order requiring a party to the proceedings before it to
4                 pay money to --
5                    (i) a person specified in the order by way of
6                         compensation for any pecuniary loss or damage
7                         suffered; or
8                   (ii) another party to a contract for the purpose of
9                         adjusting the position or rights of the parties
10                        consequentially on the termination or variation of
11                        the contract under the order;
12          (p)   if a declaration is made that a contract for the sale and
13                purchase of a lot was validly avoided under this Act, an
14                order requiring a person who is holding a deposit or
15                other moneys in trust to pay the deposit or other moneys
16                to the former buyer;
17          (q)   an order appointing an administrator of a community
18                corporation (being a person who has given written
19                consent to the appointment) to perform some or all
20                scheme functions.
21   (3)   If the Tribunal makes an order requiring the payment of money
22         by a scheme manager or original subdivision owner, it may, on
23         the application of a party to the proceeding or on its own
24         initiative, by order, prohibit the scheme manager or original
25         subdivision owner from seeking or enforcing an indemnity from
26         the community corporation or any other party for the required
27         payment.
28   (4)   An order may specify that it is to be taken to have come into
29         effect on a date earlier than the date of the order.
30   (5)   An order may be made to take effect on default being made in
31         complying with some other order made by it.




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1       (6)     An order requiring amendment of a scheme document --
2                (a) must specify the extent to which the amendment is
3                      subject to the obtaining of the approvals and consents
4                      that would otherwise be required under this Act; and
5                (b) does not take effect until the Registrar of Titles registers
6                      the amendment of the scheme document.
7       (7)     An order may be expressed to remain in force for a specified
8               period, until a specified event or until further order.

9    165.       Interim orders
10      (1)     In a proceeding under this Act, the Tribunal may make an order
11              on an interim basis (an interim order) if satisfied that by reason
12              of the urgent circumstances of the case it should do so.
13      (2)     An interim order remains in force for the period (not exceeding
14              3 months) specified in the order and may be renewed by further
15              order of the Tribunal for subsequent periods (not exceeding, in
16              any case, 3 months).
17      (3)     An interim order may be made or renewed even if the period for
18              parties to make written submissions has not expired.
19      (4)     An interim order is subject to variation or revocation by further
20              order of the Tribunal.

21   166.       Decision not to make order or declaration
22              In a proceeding under this Act, the Tribunal may make a
23              decision not to make an order or declaration.

24   167.       Certain powers only exercisable by judicial member or
25              legally qualified member
26      (1)     The Tribunal's power to make an order under this Act is
27              exercisable only by a judicial member (or by the Tribunal
28              constituted of a judicial member and other members) if --
29                (a) the order affects a title to land; or


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                                                                            s. 168



1              (b)    the order is an order confirming a termination resolution
2                     (as set out in section 149(19)); or
3               (c)   the order is of a class required by the regulations to be
4                     made by a judicial member.
5       (2)   The Tribunal's power to make an order under this Act is
6             exercisable only by a legally qualified member (or by the
7             Tribunal constituted of a legally qualified member and other
8             members) if the order is of a class required by the regulations to
9             be made by a legally qualified member.

10   168.     Limitations on orders
11            In a proceeding under this Act, the Tribunal cannot --
12              (a) make an order requiring a community development
13                    statement to be amended; or
14              (b) make an order requiring a schedule of unit entitlements
15                    for a community titles scheme to be amended unless it is
16                    satisfied that, if unit entitlements were to be allocated at
17                    the time of the order, the schedule of unit entitlements
18                    would require amendment; or
19              (c) make an order that the community corporation is to be
20                    taken to have passed --
21                       (i) a termination resolution; or
22                      (ii) a resolution fixing or varying contributions
23                            unless the Tribunal is satisfied that the
24                            contributions fixed by the community
25                            corporation are inadequate or excessive; or
26                     (iii) a resolution fixing or varying the interest rate
27                            applicable to contributions unless the Tribunal is
28                            satisfied that the interest rate fixed by the
29                            community corporation is unreasonable; or
30                     (iv) a resolution determining arrangements for
31                            payment of contributions in instalments unless
32                            the Tribunal is satisfied that the arrangements



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     s. 169



1                               allowed by the community corporation are
2                               unreasonable; or
3                (d)    make an order that the amount of insurance cover be
4                       varied unless satisfied that the amount for which the
5                       community corporation has insurance as required by this
6                       Act is inadequate or excessive; or
7                (e)    make an order to allow the keeping of an animal on
8                       specified conditions or prohibit the keeping of an animal
9                       on a lot or common property unless satisfied that the
10                      community corporation has acted unreasonably; or
11                (f)   make an order by way of compensation for personal
12                      injury or death; or
13               (g)    make an order for the payment of money to resolve a
14                      dispute between a buyer or prospective buyer of a lot in
15                      a community titles scheme and the seller of the lot about
16                      a matter arising under Part 10 (other than to order
17                      repayment of a deposit or other money); or
18               (h)    make an order in circumstances prohibited under the
19                      regulations.

20   169.       Administrator of community corporation
21      (1)     An order of the Tribunal appointing an administrator of a
22              community corporation may specify conditions of appointment
23              of the administrator.
24      (2)     If the Tribunal makes an order appointing an administrator of a
25              community corporation --
26                 (a) no person other than the administrator may, while the
27                      order remains in force, perform a function that the
28                      administrator is authorised to perform under the order;
29                      and
30                (b) any act or thing done or suffered by the administrator in
31                      the performance of a function under the order has the
32                      same effect as it would have had if the order had not
33                      been made and it had been done or suffered by the


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                                                                           s. 170



1                     person or body who, but for the order, would have been
2                     entitled or required to perform the function; and
3               (c)   the Tribunal may, by further order, vary or revoke the
4                     appointment.
5       (3)   An administrator of a community corporation appointed by the
6             Tribunal must, after performing a function under the order --
7               (a) make a written record specifying the function and the
8                    manner of its performance; and
9              (b) serve the record on the community corporation.

10   170.     Contributions for money payable by community
11            corporation
12            If the Tribunal makes an order that requires the payment of
13            money by a community corporation, the Tribunal may, on the
14            application of a party to the proceedings or on its own initiative,
15            by order --
16               (a) direct that the money (and any expenses and costs of
17                    making the payment) must be paid out of contributions
18                    levied in relation to the lots or tier parcels, and in the
19                    proportions, specified in the order; and
20              (b) direct the community corporation to levy contributions
21                    in accordance with the order; and
22               (c) prohibit the community corporation from levying a
23                    contribution that would be payable by another party to
24                    the dispute.

25   171.     Enforcement of order to act
26      (1)   An application for an order under this section can be made by a
27            person who was the applicant in a proceeding under this Act in
28            which an order to act was made.




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1       (2)     If the Tribunal is satisfied that an order to act has not been
2               complied with, or has been complied with in part only, by the
3               person to whom it was given, the Tribunal may --
4                  (a) vary, revoke or substitute the order to act; and
5                 (b) make an order that the person to whom the order to act
6                       was given pay to the applicant a specified amount by
7                       way of compensation for the failure to act or to refrain
8                       from acting.
9       (3)     Subsection (2) applies whether or not the person to whom the
10              order to act was given has been convicted of an offence under
11              the State Administrative Tribunal Act 2004 section 95 before the
12              revocation of the order.
13      (4)     The variation, revocation or substitution of an order does not
14              affect --
15                (a) anything done under the order before the revocation; or
16                (b) a penalty that has been or may be imposed under the
17                      State Administrative Tribunal Act 2004 section 95 for
18                      the failure to comply with the order.

19   172.       Order overrides existing scheme by-laws
20              If an order of the Tribunal is inconsistent with scheme by-laws
21              as in force when the order is made, the order prevails over the
22              by-laws to the extent of the inconsistency.
23              Note for this section:
24                     If scheme by-laws are inconsistent, the Tribunal may make an order
25                     requiring by-laws to be amended in a specified manner.

26   173.       Original jurisdiction
27              Unless otherwise provided in this Act, a proceeding before the
28              Tribunal under this Act comes within the Tribunal's original
29              jurisdiction.




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1    174.     Internal review of order or declaration
2       (1)   If, in a proceeding before the Tribunal under this Act, the
3             Tribunal is constituted without a judicial member and the
4             Tribunal makes an order or declaration of a kind specified in the
5             regulations, a party to the proceedings may apply for internal
6             review of the order or declaration.
7       (2)   However, an application for internal review of an order or
8             declaration can be made only if --
9               (a) leave is given by the Tribunal (constituted as required
10                    for an internal review under this section); and
11              (b) the application is made within 28 days after the order or
12                    declaration is made or within an extension of that period
13                    given by the President.
14      (3)   For an internal review of an order or declaration, the Tribunal
15            must be constituted of --
16             (a) a judicial member or a senior member who is a legally
17                    qualified member; and
18             (b) such other members, if any, as the President considers
19                    appropriate.
20      (4)   On an internal review of an order or declaration, the Tribunal
21            may --
22             (a) affirm the order or declaration; or
23             (b) vary the order or declaration; or
24             (c) set aside the order or declaration and substitute another
25                   order or declaration.
26      (5)   Unless otherwise provided by the regulations, the State
27            Administrative Tribunal Act 2004 Part 3 Division 3
28            Subdivision 3 applies in relation to an internal review of an
29            order or declaration.
30      (6)   The regulations may modify the operation of the State
31            Administrative Tribunal Act 2004 for an internal review of an
32            order or declaration.

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     s. 175



1                          Part 13 -- Miscellaneous
2    175.       Refusal or failure to perform function
3               In any court or tribunal proceedings, if a written application is
4               made to a community corporation, the council of a community
5               corporation or a scheme manager for the performance of a
6               function, the community corporation is to be taken to have
7               refused or failed to perform that function if --
8                 (a) the community corporation, council or scheme manager
9                       gives the applicant written notice that it has decided not
10                      to perform the function in accordance with the
11                      application; or
12                (b) the community corporation, council or scheme manager
13                      does not, before the end of 2 months after the making of
14                      the application --
15                         (i) perform the function in accordance with the
16                              application; or
17                        (ii) give the applicant written notice that it has
18                              decided to perform or not to perform the function
19                              in accordance with the application.

20   176.       Address for service
21      (1)     An address for service provided under this Act must be an
22              address of a place within Australia.
23      (2)     An electronic address may be provided as an additional address
24              for service under this Act.

25   177.       Termination or amendment of community titles scheme as
26              consequence of compulsory acquisition
27      (1)     A person who compulsorily acquires the whole or a part of a tier
28              parcel under a written law must, before or as soon as is
29              practicable after the acquisition takes effect, make an
30              application for registration of the termination or amendment of
31              community titles schemes as necessary to give effect to the


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1             acquisition and any consequential adjustment of the community
2             scheme to which the tier parcel belongs.
3       (2)   This Act applies to an application for the registration of an
4             amendment of a community titles scheme as if it had been made
5             under Part 5 Division 1 and to an application for termination of
6             a community titles scheme as if it had been made under Part 11,
7             subject to any modifications specified in the regulations.

8    178.     Entry to common property
9             In exercising or performing functions, police officers, and
10            officers engaged in providing emergency services or other
11            government or local government services, may enter common
12            property (other than common property to which neither owners
13            of lots nor the public usually has access) as if it were land to
14            which the public has access, whether on payment or not.

15   179.     Court or tribunal may refer matters to Tribunal
16            A court or tribunal may, on application of a party to a
17            proceeding before it or on its own initiative, refer a matter to the
18            Tribunal and strike out all or part of the proceeding before it if
19            the court or tribunal considers that the matter would be more
20            appropriately dealt with by the Tribunal under this Act.

21   180.     Service of documents on community corporations, members
22            and others
23      (1)   A document required or authorised by this Act, another written
24            law or scheme by-laws to be served on a community
25            corporation, the members of a community corporation or on all
26            owners of lots in a community titles scheme may be served --
27              (a) by serving it on a member of the council of the
28                    community corporation; or
29              (b) by sending it to the community corporation's address for
30                    service (by post if it is a postal address or by electronic
31                    transmission if it is an electronic address); or


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     s. 180



1                 (c)   by leaving it in the letterbox provided by the community
2                       corporation under section 93(a).
3       (2)     Subsection (1) applies even if the document is required to be
4               served personally on a community corporation.
5       (3)     A document required or authorised by this Act or scheme
6               by-laws to be served on the owner of a lot may be served --
7                 (a) by serving it on the owner or the owner's agent
8                      personally; or
9                (b) by sending it to the address for service of the owner or
10                     the owner's agent as it appears in the scheme contacts
11                     register (by post if it is a postal address or by electronic
12                     transmission if it is an electronic address); or
13                (c) if there is no such address for service, by sending it by
14                     post to the owner at the address of the lot; or
15               (d) by serving it in a manner authorised for service on the
16                     owner of a lot by the scheme by-laws.
17      (4)     If there are 2 or more persons who own a lot, a document will
18              only be taken to be served on the owner of the lot when it has
19              been served on each of those persons.
20      (5)     A document required or authorised by this Act or scheme
21              by-laws to be served on the occupier of a lot may be served --
22                (a) by serving it on an occupier personally; or
23               (b) by leaving it with some person apparently of or over the
24                     age of 16 years at the address of the lot; or
25                (c) by sending it by post to the occupier at the address of the
26                     lot; or
27               (d) by serving it in a manner authorised for service on an
28                     occupier of a lot by the scheme by-laws.




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1       (6)   A document required or authorised by this Act or scheme
2             by-laws to be served on a person other than a person who may
3             be served as set out under a preceding subsection may be
4             served --
5               (a) by serving it on the person personally or by post; or
6               (b) by leaving it with a person apparently of or over the age
7                     of 16 years at the place of residence or place of business
8                     of the first-mentioned person; or
9               (c) if the person has an address for service on the scheme
10                    contacts register, by sending it to that address (by post if
11                    it is a postal address or by electronic transmission if it is
12                    an electronic address); or
13              (d) if the person has an interest in the parcel that is
14                    registered or recorded in the Register, by sending it by
15                    post to the person's address as it appears in the Register;
16                    or
17              (e) by sending it to an electronic address notified to the
18                    sender by the first-mentioned person as an address at
19                    which service of such notices will be accepted.
20      (7)   For this section, service by post must be by pre-paid post.
21      (8)   This section is in addition to the Interpretation Act 1984
22            sections 75 and 76.

23   181.     Correction of errors by Registrar of Titles
24      (1)   The Commissioner of Titles may direct the Registrar of Titles to
25            correct errors in the Register.
26      (2)   The Registrar of Titles may correct errors in a scheme document
27            or other document lodged for registration or approval.
28      (3)   A correction of an error under this section may require the
29            deletion of material or the insertion of material.




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     s. 182



1       (4)     When correcting an error under this section, the Registrar of
2               Titles must --
3                 (a) for a paper medium, not erase or render illegible the
4                       original writing and include the date on which the
5                       correction was made together with the Registrar's
6                       initials; and
7                (b) for a digital medium, keep a permanent record of any
8                       words or lines deleted and the date on which the
9                       correction was made.
10      (5)     A scheme document or other document corrected under this
11              section has the same validity and effect as if the error had not
12              been made except as regards any entry made in the Register
13              before the time of correcting the error.
14      (6)     The Commissioner of Titles may delegate the Commissioner's
15              functions under this section to a member of the Authority's staff
16              who is an Australian lawyer (within the meaning of that term in
17              the Legal Profession Act 2008 section 3).
18      (7)     The delegation must be in writing signed by the Commissioner
19              of Titles.
20      (8)     A person to whom a function is delegated under this section
21              cannot delegate that function.
22      (9)     A person performing a function that has been delegated to the
23              person under this section is taken to do so in accordance with
24              the terms of the delegation unless the contrary is shown.
25     (10)     Nothing in this section limits the ability of the Commissioner of
26              Titles to perform a function through an officer or agent.

27   182.       Delegation by Registrar of Titles
28      (1)     The Registrar of Titles may delegate a function of the Registrar
29              under this Act to a member of the Authority's staff.
30      (2)     The delegation must be in writing signed by the Registrar of
31              Titles.

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1       (3)   A person to whom a function is delegated under this section
2             cannot delegate that function.
3       (4)   A person exercising a function that has been delegated to the
4             person under this section is taken to do so in accordance with
5             the terms of the delegation unless the contrary is shown.
6       (5)   Nothing in this section limits the ability of the Registrar of
7             Titles to perform a function through an officer or agent.

8    183.     Money received by Registrar of Titles
9             The Registrar of Titles is to pay to the Authority any money
10            paid to the Registrar under this Act.

11   184.     Disposition statement
12            The regulations may provide for the registration of an
13            instrument (a disposition statement) in conjunction with the
14            registration of a community titles scheme, an amendment of a
15            community titles scheme, or the cancellation of the registration
16            of a community titles scheme, by which --
17              (a) items registered or recorded for the scheme in the
18                    Register are discharged, withdrawn or otherwise
19                    removed, or brought forward, under the Transfer of
20                    Land Act 1893; or
21              (b) evidence required under this Act is provided.

22   185.     Requirements under Transfer of Land Act
23            Requirements determined under the Transfer of Land Act 1893
24            section 182A may relate to matters arising under this Act.

25   186.     Regulations
26      (1)   The Governor may make regulations prescribing matters --
27             (a) required or permitted by this Act to be prescribed; or
28             (b) necessary or convenient to be prescribed for giving
29                  effect to this Act.


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     s. 187



1       (2)     Without limiting subsection (1), the regulations may provide for
2               the verification by statutory declaration of information or
3               documents given under this Act.
4       (3)     The fees fixed by the regulations for an application lodged with
5               the Registrar of Titles may, without limitation, include a
6               separate fee for lodgment of a scheme document or an
7               amendment of a scheme document and, in such a case, the
8               separate fee is payable when the document or amendment of the
9               document is lodged (including in anticipation of the
10              application).
11      (4)     The regulations may provide that contravention of a regulation
12              is an offence and may provide for the offence to be punishable
13              on conviction by a penalty not exceeding a fine of $3 000.

14   187.       Certain prescribed fees may exceed cost recovery
15      (1)     Regulations prescribing a fee payable to the Registrar of Titles
16              may prescribe a fee that is more than the amount, or an estimate
17              of the amount, needed to allow recovery of expenditure --
18                (a) incurred in connection with the matter in relation to
19                      which the fee is charged; or
20                (b) that is relevant to --
21                        (i) the scheme or system under which the action to
22                             which the fee relates is taken; or
23                       (ii) the performance of any function to which the fee
24                             relates.
25      (2)     This section does not limit the Interpretation Act 1984
26              section 45A.

27   188.       Expiry of section 187
28      (1)     Section 187 expires at the end of 31 December 2019.
29      (2)     However, the Governor, on the recommendation of the Minister,
30              may, by proclamation made before section 187 expires,
31              postpone the expiry of section 187 until the end of a date

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1             specified in the proclamation, and in that case section 187
2             expires at the end of that date.
3       (3)   The Minister cannot make a recommendation under
4             subsection (2) unless the Minister is satisfied, on the basis of the
5             most recent report laid before each House of Parliament under
6             the Land Information Authority Act 2006 section 93(2), that the
7             expiry of section 187 should be postponed.
8       (4)   There is no limit on the number of times the expiry of
9             section 187 may be postponed, but each postponement cannot
10            be for longer than 5 years beginning on the day after the most
11            recent date on which section 187 would expire if that expiry
12            were not postponed.
13      (5)   The Interpretation Act 1984 section 42 applies to and in relation
14            to a proclamation made under subsection (2) as if the
15            proclamation were a regulation.
16      (6)   The expiry of section 187 does not affect the validity of any
17            regulations in effect immediately before that expiry.

18   189.     Review of this Act
19      (1)   The Minister must review the operation and effectiveness of this
20            Act as soon as practicable after the expiry of 5 years from the
21            day on which this section comes into operation.
22      (2)   The Minister must, as soon as practicable --
23             (a) prepare a report about the outcome of the review; and
24             (b) cause a copy of the report to be laid before each House
25                  of Parliament.




                                                                        page 217
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 1     Building Act 2011 amended
     s. 190



1                      Part 14 -- Other Acts amended
2                   Division 1 -- Building Act 2011 amended
3    190.       Act amended
4               This Division amends the Building Act 2011.

5    191.       Section 3 amended
6               In section 3 in the definition of land after "defined in" insert:
7

8               the Community Titles Act 2018 section 3(1) or
9


10    Division 2 -- Commercial Tenancy (Retail Shops) Agreements
11                      Act 1985 amended
12   192.       Act amended
13              This Division amends the Commercial Tenancy (Retail Shops)
14              Agreements Act 1985.

15   193.       Section 3 amended
16              In section 3(1) in the definition of retail shopping centre after
17              paragraph (b)(i) insert:
18

19                             (ia)   comprise lots in a community titles
20                                    scheme under the Community Titles
21                                    Act 2018; or
22


23   194.       Section 12 amended
24      (1)     In section 12(3) delete the definition of strata titles levy.




     page 218
                                                        Community Titles Bill 2018
                                               Other Acts amended         Part 14
                         Credit (Administration) Act 1984 amended      Division 3
                                                                            s. 195



1       (2)    In section 12(3) in the definition of operating expenses delete
2              "a strata titles levy is imposed on the landlord, that part of the
3              levy which" and insert:
4

5              contributions are levied under the Community Titles Act 2018 or
6              the Strata Titles Act 1985 on the landlord, that part of the
7              contributions that
8


9           Division 3 -- Credit (Administration) Act 1984 amended
10   195.      Act amended
11             This Division amends the Credit (Administration) Act 1984.

12   196.      Section 4 amended
13             In section 4 in the definition of body corporate after
14             paragraph (a) insert:
15

16                    (aa)   a community corporation under the Community
17                           Titles Act 2018; or
18


19                   Division 4 -- Credit Act 1984 amended
20   197.      Act amended
21             This Division amends the Credit Act 1984.

22   198.      Section 5 amended
23             In section 5(1) in the definition of body corporate after
24             paragraph (a) insert:
25

26                    (aa)   a community corporation under the Community
27                           Titles Act 2018; or
28




                                                                           page 219
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 5     Dividing Fences Act 1961 amended
     s. 199



1               Division 5 -- Dividing Fences Act 1961 amended
2    199.       Act amended
3               This Division amends the Dividing Fences Act 1961.

4    200.       Section 5 amended
5       (1)     In section 5 delete "In this" and insert:
6

7               (1)   In this
8

9       (2)     In section 5 in the definition of owner delete "includes" and
10              insert:
11

12              includes, subject to subsection (2),
13

14      (3)     At the end of section 5 insert:
15

16              (2)   For a community scheme under the Community Titles
17                    Act 2018, the owner of land is to be determined as
18                    follows --
19                      (a) if the by-laws of a community titles scheme
20                            under that Act determine who is to be the
21                            owner for the purposes of this Act, the owner is
22                            to be determined according to those by-laws;
23                      (b) in any other case --
24                              (i) if the land is a lot under that Act, the
25                                    owner of the land is the owner of the lot
26                                    under that Act;




     page 220
                                                       Community Titles Bill 2018
                                              Other Acts amended         Part 14
                                Dividing Fences Act 1961 amended      Division 5
                                                                           s. 201



1                              (ii)   if the land is common property under
2                                     that Act, the owner of the land is the
3                                     community corporation for the
4                                     community titles scheme to which the
5                                     common property belongs.
6


7    201.     Section 6 amended
8       (1)   In section 6 delete "Nothing" and insert:
9

10            (1)   Nothing
11

12      (2)   At the end of section 6 insert:
13

14            (2)   Nothing in this Act affects the by-laws of a community
15                  titles scheme under the Community Titles Act 2018 --
16                     (a) affecting dividing fences between lots, or
17                           between common property or between lots and
18                           common property; or
19                     (b) determining who is to be regarded as the owner
20                           of land for the purposes of this Act.
21

22            Note: The heading to amended section 6 is to read:
23                  Act not to interfere with agreements or by-laws of community
24                  titles scheme




                                                                          page 221
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 6     Duties Act 2008 amended
     s. 202



1                    Division 6 -- Duties Act 2008 amended
2    202.       Act amended
3               This Division amends the Duties Act 2008.

4    203.       Section 17 amended
5               After section 17(2)(a) insert:
6

7                      (aa)   an estate in land created as a community lot in a
8                             community titles scheme on the registration of
9                             the community titles scheme or an amendment
10                            of the community titles scheme under the
11                            Community Titles Act 2018;
12                             Note for this subparagraph:
13                                 Common property created on the registration or
14                                 amendment of a community titles scheme is also not
15                                 new dutiable property.
16                     (ab)   an estate in land referred to in the Community
17                            Titles Act 2018 section 154(2)(b)(ii), (c)(ii) or
18                            (d)(iii) created on termination of a community
19                            titles scheme under that Act;
20


21   204.       Section 87 amended
22              After section 87(2)(j)(i) insert:
23

24                             (ia)   the registration of a community titles
25                                    scheme or an amendment of a
26                                    community titles scheme under the
27                                    Community Titles Act 2018; or
28




     page 222
                                                   Community Titles Bill 2018
                                          Other Acts amended         Part 14
                    Electronic Conveyancing Act 2014 amended      Division 7
                                                                       s. 205



1    205.   Section 90 amended
2           Before section 90(b) insert:
3

4                  (ab)   for --
5                            (i) the sale of a lot in a community titles
6                                (building) scheme (within the meaning
7                                of the Community Titles Act 2018); and
8                          (ii) the construction on the lot, after liability
9                                for duty on the agreement arises, of a
10                               building for commercial, residential or
11                               mixed use purposes;
12                        or
13


14      Division 7 -- Electronic Conveyancing Act 2014 amended
15   206.   Act amended
16          This Division amends the Electronic Conveyancing Act 2014.

17   207.   Section 3 amended
18          In section 3(1) in the definition of land titles legislation before
19          paragraph (a)(i) insert:
20

21                         (ia)   the Community Titles Act 2018;
22




                                                                       page 223
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 8     Environmental Protection Act 1986 amended
     s. 208



1       Division 8 -- Environmental Protection Act 1986 amended
2    208.       Act amended
3               This Division amends the Environmental Protection Act 1986.

4    209.       Section 3 amended
5       (1)     In section 3(1) in the definition of responsible authority
6               paragraph (b)(i) delete "2005;" and insert:
7

8               2005 (including a subdivision of land by a community scheme
9               under the Community Titles Act 2018);
10

11      (2)     In section 3(2a)(a) delete "2005; or" and insert:
12

13              2005 (including a subdivision of land by a community scheme
14              under the Community Titles Act 2018); or
15


16      Division 9 -- First Home Owner Grant Act 2000 amended
17   210.       Act amended
18              This Division amends the First Home Owner Grant Act 2000.

19   211.       Section 14B amended
20              In section 14B(6)(a) after "(including" insert:
21

22                            for a community titles scheme or amendment
23                            of a community titles scheme under the
24                            Community Titles Act 2018 or
25




     page 224
                                                     Community Titles Bill 2018
                                            Other Acts amended         Part 14
                      Home Building Contracts Act 1991 amended     Division 10
                                                                         s. 212



1      Division 10 -- Home Building Contracts Act 1991 amended
2    212.     Act amended
3             This Division amends the Home Building Contracts Act 1991.

4    213.     Section 3 amended
5       (1)   In section 3(1) delete the definition of strata-titled dwelling.
6       (2)   In section 3(1) insert in alphabetical order:
7

8                   strata/community title dwelling means a building or
9                   part of a building, occupied or intended for occupation
10                  solely or mainly as a place of residence, that is erected
11                  on a lot within the meaning of the Community Titles
12                  Act 2018 or the Strata Titles Act 1985;
13

14      (3)   In section 3(1) in the definition of home building work delete
15            "strata-titled dwelling" (each occurrence) and insert:
16

17            strata/community title dwelling
18


19    Division 11 -- Land Information Authority Act 2006 amended
20   214.     Act amended
21            This Division amends the Land Information Authority Act 2006.

22   215.     Section 94A amended
23      (1)   Before section 94A(1)(a)(i) insert:
24

25                           (ia)   the Community Titles Act 2018;
26




                                                                         page 225
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 12    Land Tax Assessment Act 2002 amended
     s. 216



1       (2)     Before section 94A(5)(a) insert:
2

3                     (aa)    the Community Titles Act 2018 section 187;
4


5           Division 12 -- Land Tax Assessment Act 2002 amended
6    216.       Act amended
7               This Division amends the Land Tax Assessment Act 2002.

8    217.       Section 43A amended
9               After section 43A(1)(a) insert:
10

11                    (aa)    the new lot is not a lot in a community titles
12                            (building) scheme as defined in the Community
13                            Titles Act 2018 section 3(1); and
14


15   218.       Glossary amended
16      (1)     In the Glossary clause 1 in the definition of home unit before
17              paragraph (a) insert:
18

19                     (aa)   a lot as defined in the Community Titles Act 2018
20                            section 3(1); or
21

22      (2)     In the Glossary clause 1 in the definition of owner after
23              paragraph (a) insert:
24

25                     (aa)   in relation to a lot as defined in the Community
26                            Titles Act 2018 section 3(1), means the owner of the
27                            lot within the meaning of that Act; or
28




     page 226
                                                    Community Titles Bill 2018
                                           Other Acts amended         Part 14
                    Perth Parking Management Act 1999 amended     Division 13
                                                                        s. 219



1       (3)   In the Glossary clause 2(1) in the definition of lot after
2             paragraph (a)(vi) insert:
3

4                            (via)   a lot defined in a scheme plan or
5                                    amendment of a scheme plan under the
6                                    Community Titles Act 2018 where the land
7                                    the subject of the scheme plan is subdivided
8                                    as referred to in clause 3(1)(ca); or
9

10      (4)   In the Glossary clause 3(1)(a) delete "subdivision of the land" and
11            insert:
12

13            subdivision of the land (other than for a subdivision under the
14            Community Titles Act 2018)
15

16      (5)   In the Glossary clause 3(1) after paragraph (c) insert:
17

18                   (ca)    in the case of land the subject of a scheme plan or
19                           amendment of a scheme plan under the Community
20                           Titles Act 2018, the plan or amendment is approved
21                           by the Western Australian Planning Commission in
22                           accordance with section 18(1)(b)(ii) of that Act; or
23


24    Division 13 -- Perth Parking Management Act 1999 amended
25   219.     Act amended
26            This Division amends the Perth Parking Management Act 1999.

27   220.     Section 4 amended
28      (1)   In section 4 delete the definitions of:
29            common property
30            lot



                                                                           page 227
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 13    Perth Parking Management Act 1999 amended
     s. 220



1               strata company
2               strata scheme
3               survey-strata scheme
4       (2)     In section 4 insert in alphabetical order:
5

6                     common property means --
7                       (a) common property within the meaning of the
8                              Community Titles Act 2018 section 3(1); or
9                       (b) common property within the meaning of the
10                             Strata Titles Act 1985 section 3(1);
11                    community titles scheme has the meaning given in the
12                    Community Titles Act 2018 section 3(1);
13                    lot means --
14                      (a) in relation to a community titles scheme, a lot
15                             within the meaning of the Community Titles
16                             Act 2018 section 3(1); or
17                      (b) in relation to a strata titles scheme, a lot within
18                             the meaning of the Strata Titles Act 1985
19                             section 3(1);
20                    strata titles scheme has the meaning given in the Strata
21                    Titles Act 1985 section 3(1);
22

23      (3)     In section 4 in the definition of owner insert before
24              paragraph (a):
25

26                     (aa)   if the land or building is part or all of the
27                            common property or a lot in a community titles
28                            scheme under the Community Titles Act 2018
29                            section 3(1) --the community corporation for
30                            that scheme, within the meaning of that Act; or
31




     page 228
                                                   Community Titles Bill 2018
                                          Other Acts amended         Part 14
                   Planning and Development Act 2005 amended     Division 14
                                                                       s. 221



1      Division 14 -- Planning and Development Act 2005 amended
2    221.    Act amended
3            This Division amends the Planning and Development Act 2005.

4    222.    Section 136 amended
5            After section 136(2) insert:
6

7           (2A)   Subsection (1) applies to land comprised of common
8                  property or a lot in a community titles scheme and a
9                  reference in that subsection to a lot includes a reference
10                 to a lot in a community titles scheme.
11          (2B)   However, subsection (1) does not apply to the sale of
12                 common property or part of a lot, an agreement to sell
13                 common property or part of a lot or the grant of an
14                 option of purchase of common property or part of a lot
15                 if the transaction is associated with a subdivision by
16                 registration of an amendment of a community titles
17                 scheme.
18          (2C)   Words in subsections (2A) and (2B) have the meanings
19                 given in the Community Titles Act 2018 section 3(1)
20                 (and references to those words in sections 139 and 140
21                 are to be read accordingly).
22


23   223.    Section 148 deleted
24           Delete section 148.




                                                                      page 229
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 14    Planning and Development Act 2005 amended
     s. 224



1    224.       Section 162 amended
2               After section 162(2) insert:
3

4               (3)     While a community development statement is in force
5                       for a community scheme, within the meaning of the
6                       Community Titles Act 2018, any approval for
7                       development must be consistent with the community
8                       development statement.
9


10   225.       Part 10 Division 5A inserted
11              After Part 10 Division 5 insert:
12


13                    Division 5A -- Integration of subdivision and
14                                   development
15          164A.       Integration of subdivision and development
16              (1)     This section applies if, on an application for
17                      subdivision approval or development approval, the
18                      Commission or responsible authority forms the opinion
19                      that the integration of subdivision and development
20                      approvals or multiple subdivision or development
21                      approvals is necessary or desirable --
22                        (a) due to the size of the lots and potential impact
23                              on the amenity of the locality; or
24                        (b) for other reasons associated with the
25                              achievement of orderly and proper planning,
26                              and the preservation of the amenity, of the
27                              locality.




     page 230
                                           Community Titles Bill 2018
                                  Other Acts amended         Part 14
           Planning and Development Act 2005 amended     Division 14
                                                               s. 225



1    (2)   The main purposes of integrating subdivision and
2          development approvals are --
3            (a) to facilitate a cohesive approach to planning
4                 and development in circumstances
5                 where subdivision and development should
6                 only be undertaken in conjunction with each
7                 other; and
8           (b) to ensure that, in those circumstances,
9                 appropriate conditions for both the subdivision
10                and development of land are determined as
11                early as is practicable.
12   (3)   Without limitation, integration of subdivision and
13         development approvals will generally be necessary or
14         desirable in the context of a community scheme within
15         the meaning of the Community Titles Act 2018 or a
16         strata scheme within the meaning of the Strata Titles
17         Act 1985.
18   (4)   If this section applies --
19           (a) the Commission may, in order to achieve the
20                  necessary or desirable integration of
21                  subdivision and development approvals, refuse
22                  to determine an application for subdivision
23                  approval until other applications for subdivision
24                  or development approvals are made or are made
25                  and determined; and
26           (b) the Commission may refuse to unconditionally
27                  endorse a diagram or plan of survey with a
28                  subdivision approval in order for the plan to be
29                  registered in the Register under the Transfer of
30                  Land Act 1893 unless satisfied that --
31                    (i) the diagram or plan of survey is an
32                          accurate depiction of the subdivision
33                          that has been prepared after completion
34                          of the works necessary for the


                                                              page 231
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 14    Planning and Development Act 2005 amended
     s. 225



1                                     subdivision and the construction or
2                                     modification of the buildings necessary
3                                     for the development, the approvals of
4                                     which have been required to be
5                                     integrated; and
6                              (ii)   the subdivision and development has
7                                     been undertaken consistently with the
8                                     relevant approvals, including their
9                                     conditions; and
10                            (iii)   the requirements of the Building
11                                    Act 2011 have been complied with for
12                                    the development.
13              (5)   Regulations may be made --
14                     (a) requiring the Commission or a responsible
15                           authority to inform each other and share
16                           information about an application for
17                           subdivision approval or development approval;
18                           or
19                     (b) requiring an applicant to provide additional
20                           documents or information reasonably required
21                           to determine whether subdivision and
22                           development approvals should be integrated
23                           under this section and to give effect to any such
24                           integration; or
25                     (c) establishing processes for the concurrent or
26                           separate consideration of subdivision and
27                           development approvals to which this section
28                           applies and for the imposition of conditions of
29                           approvals to which this section applies; or
30                     (d) otherwise facilitating the integration of
31                           subdivision and development approvals.
32




     page 232
                                                     Community Titles Bill 2018
                                            Other Acts amended         Part 14
                                 Property Law Act 1969 amended     Division 15
                                                                         s. 226



1             Division 15 -- Property Law Act 1969 amended
2    226.     Act amended
3             This Division amends the Property Law Act 1969.

4    227.     Section 6 amended
5             In section 6:
6               (a) after "Transfer of Land Act 1893," insert:
7

8                     the Community Titles Act 2018
9

10             (b)    delete "either" and insert:
11

12                    any
13


14   228.     Section 7 amended
15      (1)   In section 7 in the definition of land under the Transfer of
16            Land Act 1893 delete"registered" and insert:
17

18            registered, or incorporated in the Register,
19

20      (2)   In section 7 in the definition of registered or duly registered
21            delete "provided by" and insert:
22

23            provided by, or incorporated in the Register under,
24




                                                                        page 233
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 16    Rates and Charges (Rebates and Deferments) Act 1992
                    amended
     s. 229


1      Division 16 -- Rates and Charges (Rebates and Deferments)
2                         Act 1992 amended
3    229.       Act amended
4               This Division amends the Rates and Charges (Rebates and
5               Deferments) Act 1992.

6    230.       Section 28 amended
7       (1)     In section 28(1)(a)(ii) delete "1985;" and insert:
8

 9              1985; or
10

11      (2)     After section 28(1)(a)(ii) insert:
12

13                             (iii)   made under Part 5 Division 3 of the
14                                     Community Titles Act 2018;
15


16               Division 17 -- Real Estate and Business Agents
17                            Act 1978 amended
18   231.       Act amended
19              This Division amends the Real Estate and Business Agents
20              Act 1978.

21   232.       Section 4 amended
22      (1)     In section 4(1) delete the definition of strata company.
23      (2)     In section 4(3a) delete "strata company" and insert:
24

25              community corporation within the meaning of the Community
26              Titles Act 2018 or a strata company within the meaning of the
27              Strata Titles Act 1985
28



     page 234
                                                       Community Titles Bill 2018
                                              Other Acts amended         Part 14
                          Residential Tenancies Act 1987 amended     Division 18
                                                                           s. 233



1    233.      Section 61 amended
2              In section 61(4a) in the definition of prescribed transaction
3              before paragraph (a) insert:
4

5                     (aa)   the sale of a proposed lot under the Community
6                            Titles Act 2018 before the lot is created;
7


8    234.      Section 131A amended
9              In section 131A in the definition of dwelling:
10               (a) before paragraph (a) insert:
11

12                    (aa)   a lot within the meaning of the Community
13                           Titles Act 2018; and
14

15              (b)    in paragraph (b) delete "paragraph (a)," and insert:
16

17                     paragraph (aa) or (a),
18


19          Division 18 -- Residential Tenancies Act 1987 amended
20   235.      Act amended
21             This Division amends the Residential Tenancies Act 1987.

22   236.      Section 48 amended
23             Delete section 48(2) and insert:
24

25             (2)    It is a term of every residential tenancy agreement that
26                    contributions payable to a community corporation
27                    under the Community Titles Act 2018 or a strata
28                    company under the Strata Titles Act 1985 cannot be
29                    passed on to a tenant.
30



                                                                         page 235
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 19    Retirement Villages Act 1992 amended
     s. 237



1             Division 19 -- Retirement Villages Act 1992 amended
2    237.       Act amended
3               This Division amends the Retirement Villages Act 1992.

4    238.       Section 15 amended
5       (1)     In section 15(6) after "under" insert:
6

7               the Community Titles Act 2018 or
8

9       (2)     In section 15(7) and (8) delete "strata".

10   239.       Section 23 amended
11              In section 23(1) in the definition of former resident after
12              "under" insert:
13

14              the Community Titles Act 2018 or
15
16   240.       Section 54A inserted
17              After section 54 insert:
18


19          54A.      Jurisdiction of Tribunal under Community Titles
20                    Act 2018
21                    Section 54 does not derogate from the jurisdiction of
22                    the Tribunal under the Community Titles Act 2018 in
23                    respect of a retirement village that is also a community
24                    titles scheme.
25




     page 236
                                                         Community Titles Bill 2018
                                                Other Acts amended         Part 14
                                     Sale of Land Act 1970 amended     Division 20
                                                                             s. 241



1    241.     Section 75 amended
2             In section 75(7):
3               (a) before "Strata Titles Act 1985" insert:
4

5                      Community Titles Act 2018 or the
6

7              (b)     delete "purchaser" and insert:
8

9                      buyer
10

11              (c)    delete "that Act." and insert:
12

13                     those Acts.
14


15             Division 20 -- Sale of Land Act 1970 amended
16   242.     Act amended
17            This Division amends the Sale of Land Act 1970.

18   243.     Section 11 amended
19      (1)   In section 11 delete the definition of lot.
20      (2)   In section 11 insert in alphabetical order:
21

22                    lot means --
23                      (a) a lot within the meaning of --
24                              (i) the Planning and Development
25                                  Act 2005; or
26                             (ii) the Community Titles Act 2018; or
27                            (iii) the Strata Titles Act 1985;




                                                                         page 237
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 20    Sale of Land Act 1970 amended
     s. 244



1                            or
2                       (b) an area of land represented, by or on behalf of a
3                            person attempting to promote the sale of the
4                            area of land, to be an area of land that will
5                            constitute a lot in a subdivision or proposed
6                            subdivision;
7                     subdivision means an area of land subdivided into lots;
8


9    244.       Section 13 amended
10              In section 13(1) delete "subdivision, or one or more lots in the
11              case of a subdivision or proposed subdivision effected or
12              continued under the Strata Titles Act 1985," and insert:
13

14              subdivision
15


16   245.       Section 14 amended
17              In section 14(1) delete "subdivision, or one or more lots in the
18              case of a subdivision or proposed subdivision effected or
19              continued under the Strata Titles Act 1985," and insert:
20

21              subdivision
22




     page 238
                                                    Community Titles Bill 2018
                                           Other Acts amended         Part 14
                           Settlement Agents Act 1981 amended     Division 21
                                                                        s. 246



1           Division 21 -- Settlement Agents Act 1981 amended
2    246.    Act amended
3            This Division amends the Settlement Agents Act 1981.

4    247.    Section 46 amended
5            In section 46(2)(a) after "2005" insert:
6

7            or the Community Titles Act 2018
8


9    248.    Schedule 2 clause 1 amended
10           In Schedule 2 after clause 1(2)(c)(ii) insert:
11

12                          (iia)   the Community Titles Act 2018; or
13


14   Division 22 -- Swan and Canning Rivers Management Act 2006
15                           amended
16   249.    Act amended
17           This Division amends the Swan and Canning Rivers
18           Management Act 2006.

19   250.    Schedule 5 amended
20           In Schedule 5 after item (1)(b) insert:
21

22                   (c)   the Community Titles Act 2018;
23




                                                                        page 239
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 23    Transfer of Land Act 1893 amended
     s. 251



1             Division 23 -- Transfer of Land Act 1893 amended
2    251.       Act amended
3               This Division amends the Transfer of Land Act 1893.

4    252.       Section 11 amended
5               In section 11 after "by this" insert:
6

7               or any other
8


9    253.       Section 65A amended
10      (1)     In section 65A(1) delete "subsection (2)," and insert:
11

12              subsection (2) or (3),
13

14      (2)     After section 65A(2) insert:
15

16              (3)   If an easement is created under Part IVA by notation
17                    on a scheme plan for a community titles scheme under
18                    the Community Titles Act 2018 or as a short form
19                    easement or restrictive covenant under that Act, it is
20                    not necessary for a memorandum of the easement to be
21                    entered on the certificates of title for the dominant and
22                    servient tenements that are also a subject of that plan.
23


24   254.       Section 129A amended
25      (1)     In section 129A(5) delete "subsection (6)," and insert:
26

27              subsection (6) or (7),
28




     page 240
                                                        Community Titles Bill 2018
                                               Other Acts amended         Part 14
                                Transfer of Land Act 1893 amended     Division 23
                                                                            s. 255



1       (2)     After section 129A(6) insert:
2

3               (7)   If a restrictive covenant is created under Part IVA by
4                     notation on a scheme plan for a community titles
5                     scheme under the Community Titles Act 2018 or as a
6                     short form easement or restrictive covenant under that
7                     Act, it is not necessary for a memorandum of the
8                     restrictive covenant to be entered on the certificates of
9                     title for the dominant and servient tenements that are
10                    also a subject of that plan.
11


12   255.       Section 136A amended
13              After section 136A(a) insert:
14

15                     (ab)   a scheme plan lodged for registration under the
16                            Community Titles Act 2018; or
17


18   256.       Section 136F amended
19              In section 136F(1)(a) after "under" insert:
20

21              the Community Titles Act 2018 or
22
23   257.       Section 181 amended
24      (1)     Before section 181(1) insert:
25

26            (1AA) In this section --
27                  lodge includes deposit, present and file.
28




                                                                          page 241
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 23    Transfer of Land Act 1893 amended
     s. 257



1       (2)     In section 181(1):
2                 (a) in paragraph (bc) delete "lodgment, presentation, filing
3                       or deposit" and insert:
4

5                      lodgment
6

7                (b)   in paragraph (be) delete "lodged, presented, filed or
8                      deposited" and insert:
9

10                     lodged
11

12               (c)   delete paragraphs (bf) and (bg) and insert:
13

14                     (bf)   prescribing requirements relating to things
15                            (including consents, permissions or approvals)
16                            that are required or authorised under this Act or
17                            any other written law to accompany or be
18                            endorsed on, included in, lodged with or given
19                            in relation to a document lodged with the
20                            Authority, the Commissioner or the Registrar
21                            (whether electronically or in paper form),
22                            including (without limitation) --
23                               (i) requiring or permitting action in relation
24                                     to a thing to be done by electronic
25                                     means; and
26                              (ii) requiring or permitting a thing that
27                                     otherwise would be required or
28                                     authorised to accompany or be endorsed
29                                     on, included on, lodged with or given in
30                                     relation to a lodged document to be
31                                     lodged or given separately;
32                            and
33




     page 242
                                                         Community Titles Bill 2018
                                                Other Acts amended         Part 14
                                 Transfer of Land Act 1893 amended     Division 23
                                                                             s. 258



1                 (d)   in paragraph (bh) delete "lodged, presented, filed or
2                       deposited" and insert:
3

4                       lodged
5


6    258.       Section 182A amended
7       (1)     Before section 182A(1) insert:
8

9             (1AA) In this section --
10                  lodge includes deposit, present and file.
11

12      (2)     In section 182A(1):
13                (a) in paragraph (a) delete "lodgment, presentation, filing or
14                      deposit" and insert:
15

16                      lodgment
17

18                (b)   in paragraph (c) delete "lodged, presented or deposited"
19                      and insert:
20

21                      lodged
22

23                (c)   delete paragraphs (d) and (e) and insert:
24

25                      (d)   things (including consents, permissions or
26                            approvals) that are required or authorised under
27                            this Act or any other written law to accompany
28                            or be endorsed on, included in, lodged with or
29                            given in relation to a document lodged with the
30                            Authority, the Commissioner or the Registrar
31                            (whether electronically or in paper form),
32                            including (without limitation) --


                                                                         page 243
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 23    Transfer of Land Act 1893 amended
     s. 259



1                               (i)    requiring or permitting action in relation
2                                      to a thing to be done by electronic
3                                      means; and
4                               (ii)   requiring or permitting a thing that
5                                      otherwise would be required or
6                                      authorised to accompany or be endorsed
7                                      on, included on, lodged with or given in
8                                      relation to a lodged document to be
9                                      lodged or given separately;
10

11               (d)   in paragraph (f) delete "lodged, presented, filed or
12                     deposited" and insert:
13

14                     lodged
15


16   259.       Section 192B amended
17              Delete section 192B(2)(a)(i) and insert:
18

19                              (i)    the requirements of this Act, the
20                                     Community Titles Act 2018 or the Strata
21                                     Titles Act 1985 (including any
22                                     regulations made under those Acts); or
23


24   260.       Section 192C amended
25              Delete section 192C(1)(a)(i) and insert:
26

27                              (i)    a requirement of this Act, the
28                                     Community Titles Act 2018 or the Strata
29                                     Titles Act 1985 (including any
30                                     regulations made under those Acts); or
31




     page 244
                                                    Community Titles Bill 2018
                                           Other Acts amended         Part 14
                            Transfer of Land Act 1893 amended     Division 23
                                                                        s. 261



1    261.   Section 192D amended
2           Delete section 192D(3)(a)(i) and insert:
3

4                           (i)   the requirements of this Act, the
5                                 Community Titles Act 2018 or the Strata
6                                 Titles Act 1985 (including any
7                                 regulations made under those Acts); or
8


9    262.   Section 198 amended
10          In section 198 before "or the Electronic Conveyancing
11          Act 2014." insert:
12

13          or the Community Titles Act 2018
14


15   263.   Section 214 amended
16          In section 214(3)(a)(ii) after "under this" insert:
17

18          or any other
19


20   264.   Section 239 amended
21          After section 239(1)(b) insert:
22

23                 (ba)    a scheme document, community development
24                         statement or any item registered for a
25                         community titles scheme under the Community
26                         Titles Act 2018;
27




                                                                    page 245
     Community Titles Bill 2018
     Part 14        Other Acts amended
     Division 24    Valuation of Land Act 1978 amended
     s. 265



1    265.       Section 242 amended
2               In section 242(1A) after "judge" insert:
3

4               or tribunal
5


6           Division 24 -- Valuation of Land Act 1978 amended
7    266.       Act amended
8               This Division amends the Valuation of Land Act 1978.

9    267.       Section 24 amended
10              In section 24(1) after "Subject to" insert:
11

12              the Community Titles Act 2018 and
13


14   268.       Section 37 amended
15              In section 37(c) after "under" insert:
16

17              the Community Titles Act 2018 or
18


19              Division 25 -- Water Services Act 2012 amended
20   269.       Act amended
21              This Division amends the Water Services Act 2012.

22   270.       Section 3 amended

23              In section 3(1) in the definition of dwelling paragraph (a) after
24              "as defined in" insert:
25

26              the Community Titles Act 2018 section 3(1) or
27


     page 246
                                                   Community Titles Bill 2018
                                          Other Acts amended         Part 14
                             Water Services Act 2012 amended     Division 25
                                                                       s. 271



1    271.   Section 71 amended
2           In section 71(2):
3             (a) in paragraph (a) after "meaning of " insert:
4

5                   the Community Titles Act 2018 section 3(1) or
6

7            (b)    in paragraph (b) after "includes a reference to" insert:
8

9                   an owner of a lot (within the meaning of the Community
10                  Titles Act 2018 section 3(1)) or
11


12   272.   Section 124 amended

13          In section 124(4) after "subject to" insert:
14

15          the Community Titles Act 2018 Part 5 Division 3 and
16


17   273.   Section 125 amended

18          In section 125(2) after "dwellings," insert:
19

20          the Community Titles Act 2018 section 64

21




                                                                      page 247
Community Titles Bill 2018


Defined terms



                                              Defined terms
            [This is a list of terms defined and the provisions where they are defined.
                                   The list is not part of the law.]
      Defined term                                                                                              Provision(s)
      address for service ........................................................................................... 3(1)
      ADI .................................................................................................................. 3(1)
      administrative fund ............................................................................... 3(1), 85(1)
      administrator .................................................................................................... 3(1)
      amendment ....................................................................................................... 3(1)
      approved form .................................................................................................. 3(1)
      assistance animal.............................................................................................. 3(1)
      associate ........................................................................................................... 3(1)
      Australian legal practitioner ............................................................................. 3(1)
      Authority .......................................................................................................... 3(1)
      belongs ............................................................................................................. 3(1)
      building ............................................................................................................ 3(1)
      capital value ..................................................................................................... 3(1)
      Commissioner of Titles .................................................................................... 3(1)
      common property .............................................................................3(1), 12(1)-(3)
      common property infrastructure easement ....................................................... 3(1)
      community corporation .................................................................................... 3(1)
      community development statement ................................................................. 3(1)
      community scheme .......................................................................................... 3(1)
      community title ..................................................................................... 3(1), 16(1)
      community titles (building) scheme ...................................................... 3(1), 11(7)
      community titles (land) scheme ............................................................ 3(1), 11(8)
      community titles scheme.................................................................................. 3(1)
      contact details .................................................................................................. 3(1)
      contract ............................................................................................................ 3(1)
      contract of mortgage insurance ...................................................................... 73(1)
      contributions .................................................................................................... 3(1)
      council.............................................................................................................. 3(1)
      date of the contract ....................................................................................... 137(4)
      development ..................................................................................................... 3(1)
      development period.......................................................................................... 3(1)
      disability .......................................................................................................... 3(1)
      disposition statement................................................................................ 3(1), 184
      electronic address ............................................................................................. 3(1)
      encumbrance .................................................................................................... 3(1)
      exclusive use by-laws ...................................................................................... 3(1)
      Exclusive use by-laws .................................................................................... 46(1)
      financial year ................................................................................................... 3(1)
      floor ................................................................................................................. 3(1)
      infrastructure .................................................................................................... 3(1)


page 248
                                                                             Community Titles Bill 2018



                                                                                                      Defined terms



infrastructure contract ........................................................................... 3(1), 57(1)
infrastructure owner .............................................................................. 3(1), 57(3)
insurable asset .................................................................................................. 3(1)
interested community corporations ..................................................... 3(1), 141(1)
interim development order ............................................................................... 3(1)
interim order ................................................................................................ 165(1)
item registered or recorded .............................................................................. 3(1)
judicial member ............................................................................................... 3(1)
key document ................................................................................................... 3(1)
legally qualified member ................................................................................. 3(1)
licensed surveyor ............................................................................................. 3(1)
licensed valuer ................................................................................................. 3(1)
local government.............................................................................................. 3(1)
lot ..................................................................................................................... 3(1)
member ............................................................................................................ 3(1)
monetary order ................................................................................................. 3(1)
mortgage .......................................................................................................... 3(1)
notifiable variation ........................................................................................... 3(1)
occupier............................................................................................................ 3(1)
officer ............................................................................................................... 3(1)
on common property ........................................................................................ 3(1)
order to act ....................................................................................................... 3(1)
ordinary resolution .............................................................................. 3(1), 106(6)
original subdivision owner ............................................................................... 3(1)
owner ............................................................................................................... 3(1)
planning (scheme by-laws) condition .............................................................. 3(1)
planning approval ............................................................................................ 3(1)
Planning Commission ...................................................................................... 3(1)
planning scheme .............................................................................................. 3(1)
President .......................................................................................................... 3(1)
proper interest in information about a community titles scheme ................... 94(2)
proponent ............................................................................................ 3(1), 140(1)
public authority ................................................................................................ 3(1)
rating and taxing Acts ...................................................................................... 3(1)
real estate agent ............................................................................................ 137(4)
Register ............................................................................................................ 3(1)
registered lease ................................................................................................. 3(1)
registered mortgage.......................................................................................... 3(1)
Registrar of Titles ............................................................................................ 3(1)
related community corporation ........................................................................ 3(1)
related community titles scheme ...................................................................... 3(1)
relative unit entitlement ................................................................................... 3(1)
replacement value ............................................................................................ 3(1)
reserve fund .......................................................................................... 3(1), 85(1)
restricted use condition ......................................................................... 3(1), 37(2)


                                                                                                             page 249
Community Titles Bill 2018


Defined terms



      schedule of unit entitlements ........................................................................... 3(1)
      scheme building .................................................................................... 3(1), 11(3)
      scheme by-laws ................................................................................................ 3(1)
      scheme contacts register ....................................................................... 3(1), 92(1)
      scheme dispute ................................................................................................. 3(1)
      scheme disputes ............................................................................... 161(1) and (3)
      scheme document ............................................................................................. 3(1)
      scheme documents ......................................................................................... 15(1)
      scheme function ............................................................................................... 3(1)
      scheme management contract ............................................................. 3(1), 118(1)
      scheme manager .................................................................................. 3(1), 117(1)
      scheme notice ................................................................................................... 3(1)
      scheme participant ........................................................................................... 3(1)
      scheme participants ...................................................................................... 161(2)
      scheme plan ..................................................................................................... 3(1)
      settlement agent ........................................................................................... 137(4)
      settlement date ................................................................................................. 3(1)
      short form easement or restrictive covenant ......................................... 3(1), 38(1)
      show cause notice ........................................................................................ 125(3)
      site value .......................................................................................................... 3(1)
      special common property ...................................................................... 3(1), 46(1)
      special lot ......................................................................................................... 3(1)
      special lots ..................................................................................................... 46(1)
      special resolution ................................................................................ 3(1), 106(7)
      State planning policy ....................................................................................... 3(1)
      statutory easement............................................................................................ 3(1)
      subdivision of land ........................................................................................... 3(1)
      sustainability infrastructure .............................................................................. 3(1)
      temporary common property............................................................................ 3(1)
      termination infrastructure report ......................................................... 3(1), 146(2)
      termination proposal ........................................................................... 3(1), 141(1)
      termination resolution ...................................................................................... 3(1)
      termination valuation report ................................................................ 3(1), 146(3)
      tier 1 common property ........................................................................... 3(1), 8(4)
      tier 1 corporation.............................................................................................. 3(1)
      tier 1 lot ................................................................................................... 3(1), 8(3)
      tier 1 parcel ............................................................................................. 3(1), 8(2)
      tier 1 scheme ........................................................................................... 3(1), 8(1)
      tier 2 common property ........................................................................... 3(1), 9(4)
      tier 2 corporation.............................................................................................. 3(1)
      tier 2 lot ................................................................................................... 3(1), 9(3)
      tier 2 parcel ...................................................................................................... 3(1)
      tier 2 scheme ........................................................................................... 3(1), 9(1)
      tier 3 common property .................................................................................... 3(1)
      tier 3 common property. ................................................................................. 10(4)


page 250
                                                                           Community Titles Bill 2018



                                                                                                    Defined terms



tier 3 corporation.............................................................................................. 3(1)
tier 3 lot ................................................................................................. 3(1), 10(3)
tier 3 parcel ........................................................................................... 3(1), 10(2)
tier 3 scheme ......................................................................................... 3(1), 10(1)
tier parcel ......................................................................................................... 3(1)
tier 2 parcel ...................................................................................................... 9(2)
Transfer of Land Act requirements .................................................................. 3(1)
Tribunal............................................................................................................ 3(1)
type 1 interest ................................................................................................... 3(1)
type 1 notifiable variation ................................................................................ 3(1)
type 2 interest ................................................................................................... 3(1)
type 2 notifiable variation ................................................................................ 3(1)
unit entitlement ..................................................................................... 3(1), 41(1)
utility conduit ................................................................................................... 3(1)
utility infrastructure ......................................................................................... 3(1)
utility service ........................................................................................ 3(1), 56(1)
utility service easement .................................................................................... 3(1)
volunteer scheme manager ............................................................................... 3(1)
wall .................................................................................................................. 3(1)
working day .................................................................................................... 3(1)




 


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