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STRATA TITLES ACT 1985 - SCHEDULE 3

[s. 132]

        [Heading amended: No. 19 of 2010 s. 4.]

1 .         Terms used

        (1)         In this Schedule, unless the contrary intention appears —

        appointed day means the day on which this Act comes into operation as fixed under section 2 1 ;

        company means a body corporate created by section 13 of the former Act;

        former Act means the Strata Titles Act 1966  4 ;

        former by-law means a by-law within the meaning of the former Act as that by-law was in force immediately before the appointed day;

        former common property means so much of a former parcel as, immediately before the appointed day, was not comprised in any former lot;

        former lot means a lot under the former Act as it existed immediately before the appointed day;

        former parcel means land which, immediately before the appointed day, comprised the former lots and the former common property the subject of a former strata scheme;

        former proprietor means a person who, immediately before the appointed day, was a proprietor, within the meaning of the former Act, of a former lot; and

        former strata scheme means —

            (a)         the manner of division, immediately before the appointed day, of a former parcel into former lots or into former lots and former common property and the manner of allocation, immediately before that day, of unit entitlements under the former Act among the former lots; and

            (b)         the rights and obligations, between themselves, immediately before the appointed day, of former proprietors, other persons having property interests in or occupying former lots and the company,

        as conferred or imposed by the former Act or by anything done under the authority of the former Act.

        (2)         For the purposes of the application of any provision of this Act to or in respect of a scheme to which the provisions of this Act apply by reason of clause 6, a reference to an original proprietor, in relation to that scheme, is a reference to the person by whom the parcel (being the parcel comprised in the strata plan within the meaning of the former Act, the registration of which under the former Act initiated the scheme) was held in fee simple at the time of that registration.

        (3)         The express application of any provision of this Act (whether unamended or deemed to be amended) by any provision of this Schedule to or in respect of any act, matter or thing referred to in this Schedule shall not, except in so far as a contrary intention appears, be construed as preventing or limiting the application of any other provision of this Act to that or any other act, matter or thing.

        (4)         Where any provision of this Act is deemed to be amended by this Schedule by inserting in that provision any words, those words shall be construed as if they were contained in this Schedule.

2 .         Registration of unregistered former strata plans

        (1)         Notwithstanding section 4 or 5, a strata plan within the meaning of the former Act, may be registered as a strata plan but shall not be so registered unless —

            (a)         it illustrates a division of a building into different parts;

            (b)         the requirements of the former Act have been or are complied with in so far as those requirements relate to the registration of a strata plan;

        [(c)         deleted]

            (d)         registration is effected within 24 months after the appointed day.

        (2)         Without limiting the generality of subclause (1)(b), for the purpose of enabling a person to comply, as referred to in that subclause, with the requirements of the former Act, the provisions of section 20 of the former Act apply to and in respect of an application for a certificate referred to in section 5(6)(c) of the former Act relating to the proposed subdivision illustrated by a strata plan referred to in subclause (1) as if the former Act had not been repealed.

        (3)         Where a plan is registered under subclause (1), the land comprised in the plan shall be deemed to have been subdivided under this Act into lots or into lots and common property in the same manner as that land would have been subdivided if that plan had been registered under the former Act, except that —

            (a)         where a boundary of any such lot would, if that plan had been validly registered under the former Act, have been, under section 5(5) of the former Act, the centre of a floor, wall or ceiling, that boundary shall upon the registration of the plan and until it is altered in accordance with this Act be the upper surface of that floor, the inner surface of that wall or the under surface of that ceiling, as the case may be; and

            (b)         where a boundary of any lot is adjusted under paragraph (a), the boundaries of the common property are adjusted reciprocally,

                and any such lots or common property shall, for the purposes of this Act, be deemed to be lots or common property, or to be lots or common property with boundaries adjusted as referred to in paragraph (a) or (b), as the case may be.

        (4)         A lot created by the registration of a plan under subclause (1) does not include any structural cubic space unless that structural cubic space was stipulated in that plan as forming part of that lot.

        (5)         Where, under any provision of this Act, any act, matter or thing depends on or results from (either directly or indirectly) the registration of a strata plan, that provision operates in relation to the registration of a plan under subclause (1) in the same way as it operates in relation to the registration of a strata plan.

        (6)         Subject to this clause, a reference in this Act to a strata plan includes a reference to a plan registered under subclause (1) as a strata plan.

        (7)         The address endorsed, as referred to in section 5(1)(i) of the former Act, upon a plan registered under subclause (1) shall, for the purposes of this Act, be deemed to be the address for the service of notices on the strata company concerned until that address is altered in accordance with this Act.

        (8)         The endorsement, as referred to in section 18 of the former Act, upon a plan registered under subclause (1) shall, for the purposes of this Act, be deemed to be the schedule referred to in section 5(1)(c).

        (9)         A reference to a lot shown in a plan capable of being registered under subclause (1) made in any instrument executed before the registration of that plan under subclause (1) (being an instrument relating to the sale or other disposition of an estate or interest in the lot so shown) shall, on and after the registration of that plan, be construed as a reference to the lot which corresponds to the lot so shown.

        [Clause 2 amended: No. 42 of 1986 s. 12(a) and (b).]

3 .         Former lots and former common property to be derived lots and derived common property

        (1)         Where immediately before the appointed day —

            (a)         a former lot had any boundary that under section 5(5) of the former Act was the centre of a floor, wall or ceiling, that former lot, on the appointed day, becomes for the purposes of this Schedule a derived lot corresponding to that former lot and having, subject to subclause (2), as its boundaries —

                  (i)         instead of any boundary that was the centre of a floor, wall or ceiling, the upper surface of that floor, the inner surface of that wall or the under surface of that ceiling, as the case may be; and

                  (ii)         except as provided by subparagraph (i), the same boundaries as that former lot;

                and

            (b)         a former lot had no boundary that under section 5(5) of the former Act was the centre of a floor, wall or ceiling, that former lot, on the appointed day, becomes for the purposes of this Schedule a derived lot corresponding to that former lot and having as its boundaries the same boundaries as that former lot.

        (2)         A derived lot does not include any structural cubic space unless that structural cubic space was stipulated, in the relevant strata plan, as forming part of the former lot to which that derived lot corresponds.

        (3)         On the appointed day, former common property becomes, for the purposes of this Schedule, derived common property corresponding to that former common property but has as its boundaries —

            (a)         where any derived lot has any of its boundaries ascertained in accordance with subclause (1)(a)(i) or (b), boundaries adjusted reciprocally; and

            (b)         except as provided by paragraph (a), the same boundaries as that former common property.

        (4)         A reference to a former lot made in any instrument executed before the appointed day (being an instrument relating to the sale or other disposition of an estate or interest in that former lot) shall, on and after the day, be construed as a reference to the derived lot which corresponds to that former lot.

4 .         Continuation of companies

                A company created under the former Act, in relation to a former strata scheme —

            (a)         shall continue notwithstanding the repeal of the former Act; and

            (b)         shall, on the appointed day, be deemed to be the strata company constituted under section 32(1) in respect of the scheme that corresponds to that former strata scheme and to which the provisions of this Act apply by reason of clause 6; and

            (c)         notwithstanding section 32(1), shall have as its name its name under the former Act.

5 .         Continuation of estates or interests in former lots and former common property and rights in former common property

                A person who, immediately before the appointed day —

            (a)         had an estate or interest in a former lot, has on that day the same estate or interest in the derived lot which corresponds to that former lot; or

            (b)         had an estate or interest (not being a right or special privilege referred to in clause 13) in former common property, has on that day the same estate or interest in the derived common property which corresponds to that former common property.

        [Clause 5 amended: No. 42 of 1986 s. 12(c).]

6 .         Application of Act to former strata schemes, former parcels, derived lots and common property

                Subject to this Schedule, the provisions of this Act shall, on and from the appointed day, apply to and in respect of —

            (a)         a former strata scheme as if it were a strata scheme; and

            (b)         a former parcel as if it were a parcel; and

            (c)         a derived lot as if it were a lot; and

            (d)         derived common property as if it were common property.

7 .         Registration of transfers or leases of derived common property registrable under s. 10 of former Act

        (1)         Where a transfer or lease of any common property under the former Act —

            (a)         would under section 10 of the former Act have been registrable had this Act not been enacted but had not, before the appointed day, been so registered; and

            (b)         was executed pursuant to an agreement entered into by the company before the appointed day,

                that transfer or lease, upon its lodgement for registration, shall be dealt with under section 19(8) as if it were a dealing referred to in section 19(2).

        (2)         For the purposes of section 19(4), a lease referred to in subclause (1) shall be deemed to have been granted under section 19(2).

        (3)         In the event of the registration of an instrument by the Registrar of Titles the effect of which is to render the certificate of title to a former lot incorrect in so far as that certificate of title to a former lot certifies the share of the common property held by the proprietor of the former lot, the Registrar of Titles shall amend that certificate of title so as to replace that certificate by a certificate of the kind referred to in section 17(2).

        [Clause 7 amended: No. 60 of 2006 s. 160(10).]

8 .         Reallocation of unit entitlement

        (1)         Section 16 shall, on and from the appointed day, apply to and in respect of a former strata scheme as if —

            (a)         in the case of an application for the amendment of an initial allocation of unit entitlement, subsection (2)(b) of that section were omitted and the following provision substituted —


            (b)         a certificate given by a licensed valuer certifying that, or to the effect that, the unit entitlement of a lot in the former strata scheme bears in relation to the aggregate unit entitlement of all lots in that scheme a proportion greater than 5% more or 5% less than the capital value of that lot bears to the aggregate capital value of all lots in the scheme.

”;

                and

            (b)         subsection (7) of that section did not prohibit a Land Valuation Tribunal from making an order under that section within 5 years of the registration of the strata plan.

        (2)         In the event of the registration by the Registrar of Titles of an amended schedule of unit entitlement under section 15 or 16 on or after the appointed day in respect of a former strata scheme, the Registrar of Titles shall amend the certificates of title to former lots within that strata scheme so as to replace that part of each certificate which certifies the share of the common property held by the proprietor of the former lot concerned by a certificate of the kind referred to in section 17(2).

9 .         General meetings of certain continued companies

        (1)         Where, in relation to a company continued as a strata company by the operation of clause 4, the original proprietor is not, on the appointed day, the proprietor of any lots the subject of the strata scheme or is the proprietor of lots the subject of the strata scheme the sum of whose unit entitlements is less than two-thirds of the aggregate unit entitlement and —

            (a)         a general meeting of that company has not been held before the appointed day, a general meeting of that strata company shall be held within 3 months after the appointed day and that general meeting shall, for the purposes of this Act (section 49(3) excepted) be the first annual general meeting of the strata company; or

            (b)         an annual general meeting of that company has been held before the appointed day, the last annual general meeting of that company held before that day shall, for the purposes of by-law 11(1) in Part I of Schedule 1 be deemed to have been the first annual general meeting.

        (2)         If a meeting of the strata company is not held in accordance with subclause (1)(a), a referee may, pursuant to an application by a proprietor or mortgagee of a lot appoint, by order, a person to convene and hold a general meeting within such time as may be specified in the order and the meeting convened by that person shall for the purposes of this Act (section 49(3) excepted) be the first annual general meeting of the strata company.

        (3)         An order made under subclause (2) may include such ancillary or consequential provisions as the referee thinks fit.

        (4)         The original proprietor shall deliver to the strata company (being a strata company a general meeting of which is required to be held under subclause (1)(a)), within 14 days after notice in writing is given to him by the strata company or if the documents referred to in paragraphs (a) and (b) are not then in his possession within 14 days after they come into his possession or under his control —

            (a)         all plans, specifications, drawings showing water pipes, electric cables, drainage pipes, ventilation ducts or air conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including any policy of insurance) obtained or received by him and relating to the parcel or building; and

            (b)         any books of account, notices or other records relating to the former strata scheme or the strata scheme,

                other than documents which exclusively evidence rights or obligations of the original proprietor and which are not capable of being used for the benefit of the strata company or any of the proprietors, other than the original proprietor.

        Penalty: $1 000.

        (5)         Section 43(1)(b)(iii) shall be deemed to be amended by inserting after “section 49(3)” the following “or under clause 9(4) of Schedule 3”.

        [Clause 9 amended: No. 42 of 1986 s. 12(d).]

10 .         Meetings of former companies held within 2 months after appointed day

                Notwithstanding the by-laws in Part I of Schedule 1, for the purposes of any general meeting of a strata company continued by the operation of clause 4, being a general meeting held before the expiration of 2 months after the appointed day —

            (a)         the procedure for the convening and holding of meetings of such a strata company and the right of persons to vote at and to requisition meetings of such a strata company shall be the same as they were under the former Act; and

            (b)         where a notice is given to the strata company under section 50(7), the mortgagee specified in the notice shall have the same voting rights as he would have had if the meeting had been held in accordance with the former Act and if the notice were a notice given under section 24(7) of the former Act.

11 .         Notices served by public or local government authority before appointed day

                The reference in section 38 to a notice served on the proprietor of a lot by a public authority or local government includes a reference to a notice served, before the appointed day, by such an authority or local government on the proprietor of a former lot which has become a derived lot.

        [Clause 11 amended: No. 14 of 1996 s. 4.]

12 .         Effect of former by-laws

        (1)         Subject to this clause, the former by-laws relating to a former strata scheme shall, notwithstanding the repeal of the former Act, continue in force in respect of the corresponding scheme to which the provisions of this Act apply by reason of clause 6 except to the extent of any inconsistency of the former by-laws with any provision of this Act other than Schedules 1 and 2.

        (2)         Subject to this clause and clause 13A, upon the expiration of 12 months (the termination day ) after the commencement of section 90(2) of the Strata Titles Amendment Act 1995  —

            (a)         any by-laws continued in force by subclause (1) or any by-laws so continued in force, as amended or repealed in accordance with subclause (3), cease to have effect; and

            (b)         sections 42, 42A and 42B and Schedules 1 and 2 apply in respect of the strata scheme concerned.

        (3)         Subject to subclause (4), until the termination day the former by-laws relating to a former strata scheme may be added to, amended or repealed in the manner provided by this Act, and any such addition, amendment or repeal shall have effect upon notification being recorded, in the form prescribed under section 42(4), on the relevant strata plan registered under the former Act.

        (4)         A company continued as a strata company by operation of clause 4 may determine, by resolution without dissent, that subclause (2) applies for the purposes of the strata scheme as from a day that is sooner than the termination day.

        (5)         Subject to subclause (6), a company continued as a strata company for a scheme by operation of clause 4 may determine that —

            (a)         despite subclause (2)(a), a by-law that is consistent with this Act, other than Schedules 1 and 2, is to continue to have effect after the termination day; and

            (b)         despite subclause (2)(b), Schedule 2 or any provision of that Schedule does not apply in respect of that scheme.

        (6)         The power to make a determination under subclause (5)(b) does not apply to any by-law in Schedule 2 if immediately before the commencement of section 90 of the Strata Titles Amendment Act 1995 that by-law applied to the strata company.

        (7)         A determination under subclause (5) does not have effect unless notification is recorded before the termination day, in the form prescribed under section 42(4), on the relevant strata plan registered under the former Act.

        (8)         A former by-law made by a strata company under this Act or the former Act and recorded on the strata plan does not cease to have effect by operation of subclause (2) or (4) unless the by-law is inconsistent with this Act, other than Schedules 1 and 2.

        (9)         A by-law —

            (a)         continued under subclause (5)(a) and recorded under subclause (7); or

            (b)         referred to in subclause (8),

                has effect despite the provisions of section 42(2) and Schedules 1 and 2, and those provisions are modified accordingly.

        (10)         Section 93 applies, with all necessary modifications, to enable —

            (a)         an order of the State Administrative Tribunal to be applied for where —

                  (i)         a strata company has purportedly exercised a power conferred by subclause (5) but has acted beyond power; or

                  (ii)         a power so conferred should have been exercised by a strata company but the company has failed to do so;

                and

            (b)         an order to be made by the State Administrative Tribunal —

                  (i)         declaring a by-law purportedly continued under this clause to be invalid; or

                  (ii)         reinstating a by-law that should have been continued by a strata company under this clause; or

                  (iii)         making applicable all provisions or any provision of Schedule 2 if it should not have been made inapplicable by a strata company under this clause,

                as the case may require.

        (11)         An application for an order referred to in subclause (10) cannot be accepted unless the proprietor satisfies the State Administrative Tribunal that the justice of the case requires that the application be accepted.

        (12)         Nothing in this clause is to be read as preventing a strata company from doing anything that it is authorised to do under section 42(2).

        [Clause 12 amended: No. 58 of 1995 s. 90(1) and (2); No. 55 of 2004 s. 1154(1) and 1156(1).]

13 .         Maintenance of exclusive use of, or special privileges in respect of, common property

        (1)         Where immediately before the appointed day a proprietor of a former lot was entitled, pursuant to former by-law 3(f), to a right of exclusive use and enjoyment of, or special privileges in respect of, any of the former common property, the proprietor for the time being of the lot shall continue to be entitled to that right or those special privileges in accordance with the terms of the grant and any such grant shall be determinable on reasonable notice unless the company otherwise resolved by unanimous resolution.

        (2)         Where immediately before the appointed day a proprietor of a former lot was entitled, pursuant to a grant contained in a former by-law, to a right of exclusive use and enjoyment of, or special privileges in respect of, any of the former common property, the proprietor for the time being of the lot shall continue to be entitled to that right or those special privileges in accordance with the terms of the by-law.

        (3)         For the removal of doubt it is declared that section 20 of the Town Planning and Development Act 1928 has never applied to any grant referred to in subclause (1) or (2).

        [Clause 13 amended: No. 61 of 1996 s. 39.]

13A .         Exclusive use and privileges to lapse unless provided for by by-law or SAT’s order

        (1)         Where immediately before the commencement of section 90(3) of the Strata Titles Amendment Act 1995  —

            (a)         a proprietor of a lot was entitled to any right or special privilege by operation of clause 13; but

            (b)         that right or special privilege is not recorded on the strata plan,

                that right or special privilege is extinguished at the expiration of 12 months after that commencement except to the extent that it is provided for by a by-law or order made under this clause and recorded by the Registrar of Titles under section 42(4).

        (2)         A proprietor for the time being of a lot who considers that he is entitled to a right or special privilege referred to in subclause (1) that is not recorded on the strata plan may serve notice on the strata company requiring it to make a by-law, in terms specified in the notice, confirming that right or special privilege.

        (3)         Notwithstanding section 42, the strata company may make a by-law referred to in subclause (2) otherwise than pursuant to a resolution without dissent or a special resolution.

        (4)         An order may be applied for and made under section 93 in respect of a by-law made following a requisition under subclause (2).

        (5)         Where a strata company on which a requisition has been served under subclause (2) —

            (a)         fails to make a by-law in accordance with the requisition within one month after the service of the requisition; or

            (b)         having made such a by-law and having been tendered the prescribed fee, does not cause the by-law to be recorded in accordance with section 42(4) within a reasonable time,

                the proprietor who made the requisition may, subject to subclause (7), make an application to the State Administrative Tribunal for an order under subclause (8).

        (6)         The provisions of Part VI apply to an application made to the State Administrative Tribunal under this clause and to an order made by the State Administrative Tribunal in the same way as they apply to an application and an order made under that Part.

        (7)         An application under subclause (5) cannot be accepted unless the proprietor satisfies the State Administrative Tribunal that the justice of the case requires that the application be accepted.

        (8)         Where on an application under subclause (5) the State Administrative Tribunal is of the opinion that —

            (a)         the applicant was entitled to a right or special privilege by operation of clause 13; but

            (b)         the right or special privilege is not recorded in the strata plan,

                it may order that the applicant is entitled to such rights or special privileges as may be specified in the order and in that order shall specify the method by which the by-law, giving effect, by virtue of subclause (10), to the terms of the order, may be amended, added to or repealed.

        (9)         Section 115 applies to an order under subclause (8) as if it were referred to in subsection (1)(a) of that section.

        (10)         An order under subclause (8), when recorded under section 115, has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law.

        (11)         A by-law —

            (a)         made pursuant to a requisition under subclause (2); or

            (b)         giving effect, by virtue of subclause (10), to the terms of an order under subclause (8),

                being a by-law expressed to be for the benefit of a specified lot, shall while it remains in force enure as appurtenant to, and for the benefit of, that lot.

        (12)         A by-law —

            (a)         made pursuant to a requisition under subclause (2); or

            (b)         giving effect, by virtue of subclause (10), to the terms of an order under subclause (8),

                shall be deemed, for the purposes of this Act, to be a by-law referred to in section 42(8).

        [Clause 13A inserted: No. 58 of 1995 s. 90(3); amended: No. 55 of 2004 s. 1154(2) and (3) and 1156(1) and (3).]

13B .         Strata companies to notify proprietors of operation of cl. 13A

        (1)         A strata company for a scheme shall give notice in the prescribed form to the proprietor of each lot in the scheme.

        (2)         The notice shall be given not later than 6 months after the commencement of section 90(3) of the Strata Titles Amendment Act 1995 .

        (3)         The prescribed form shall —

            (a)         state the effect of clause 13A(1); and

            (b)         advise any proprietor affected by that clause to take action under that clause for the protection of his rights as soon as is practicable; and

            (c)         provide for the full text of clause 13A to be attached to the form when notice is given under subclause (1).

        (4)         Failure of a strata company to give notice under this clause does not affect the operation of clause 13A(1) but is a ground for the grant of an extension of time under clause 13A(7).

        [Clause 13B inserted: No. 58 of 1995 s. 90(3).]

14 .         Recovery of contributions levied under former Acts

        (1)         Any contribution levied under the former Act by a company and unpaid at the appointed day may be recovered by the continued strata company as if it were a contribution levied under this Act and bears interest from the appointed day as if it were a contribution levied under this Act.

        (2)         Any determination made under the former Act by a company specifying amounts to be raised by regular periodic contributions shall be deemed to be a determination made under section 36(1)(b).

15 .         Modification of s. 35(1)(j) in relation to companies

                In relation to a company continued as a strata company by the operation of clause 4, section 35(1)(j) shall be deemed to be amended by inserting after “Division 4” the following —

                “ , as modified by clause 21 of Schedule 3, ”.

16 .         Inspection of former records etc.

        (1)         A company continued as a strata company by the operation of clause 4 shall, for the purposes of the strata scheme concerned, cause to be retained until the expiration of the prescribed period, any records, minutes of meetings, notices and books of account kept or received by it before the appointed day and in its custody or under its control on that day and upon application under section 43(1) made in respect of a lot the subject of the strata scheme concerned shall make those records, minutes, notices and books available for inspection by the applicant or his agent at a time and place ascertained in accordance with section 43(1)(b).

        (2)         Section 43(2) applies to the making of an inspection referred to in subclause (1) in the same way as it applies to the making of an inspection referred to in section 43(1)(b).

17 .         Administrative funds of continued companies

        (1)         Where a determination made under section 13(6)(b) of the former Act by a company continued as a strata company by the operation of clause 4 was in force immediately before the appointed day, that determination shall be deemed to be the determination required by section 36(1)(b) to be made by that strata company.

        (2)         Where a fund was, immediately before the appointed day, kept under section 13(6)(a) of the former Act by a company continued as a strata company by the operation of clause 4, that fund shall, on the appointed day, be deemed to be the fund required under section 36(1)(a) to be established by that strata company.

18 .         Modification of s. 43(1)(c) in relation to continued companies

                For the purposes of section 43(1)(c), any contribution levied under the former Act by a company and unpaid before the appointed day shall be deemed to be a contribution levied under section 36(1)(c).

19 .         Continuation of councils of former companies

        (1)         The council constituted under the former Act of a company continued as a strata company by the operation of clause 4 shall, subject to this Act, be, on and from the appointed day, the council of that strata company.

        (2)         A person who is a member of a council of a company referred to in subclause (1) shall, for the purposes of by-law 4 in Part I of Schedule 1, be deemed to have been elected as a member of that council if he was elected as a member of the council of the company created under the former Act.

        (3)         By-law 6(1) in Part I of Schedule 1 shall, in relation to a council referred to in subclause (1), be deemed to be amended by omitting therefrom the words “they assume office as such members” and by inserting instead the words “the appointed day”.

        [Clause 19 amended: No. 42 of 1986 s. 12(e).]

20 .         Operation of by-law 1, Part I of Sch. 1

                By-law 1(1)(c) in Part I of Schedule 1 extends to authorising the giving by a proprietor to a company continued as a strata company by the operation of clause 4 of a notice after the occurrence of any event specified in that by-law notwithstanding that that event occurred before the appointed day.

21 .         Modification of Part IV Div. 4

        (1)         Section 54 does not apply to or in respect of a company continued as a strata company by the operation of clause 4, which has in force on the appointed day a policy of insurance expiring not later than one year after the appointed day and effected by it in accordance with section 13(4)(c) of the former Act, until the expiry of that policy.

        (2)         Section 55(1)(a) does not apply to or in respect of a company continued as a strata company by the operation of clause 4, which has in force on the appointed day a policy of insurance expiring not later than one year after the appointed day and effected by it in accordance with section 13(4)(d) of the former Act, until the expiry of that policy.

        (3)         Sections 56(2) and 58 apply to and in respect of a policy of insurance entered into in accordance with the former Act before the appointed day between a company continued as a strata company by the operation of clause 4 and an insurer in the same way as those sections apply to and in respect of a contract of insurance entered into between a strata company and an insurer pursuant to Division 4 of Part IV.

        (4)         Notwithstanding the repeal of the former Act, section 17 of the former Act continues to apply to and in respect of a policy of insurance referred to in that section entered into before the appointed day until the expiry of that policy as if this Act had not been enacted.

22 .         Evidentiary effect under s. 61 of particulars furnished under s. 21(3) of former Act

                The particulars of the unit entitlements of any former lots shown on a certified copy of the strata plan referred to in section 21(3) of the former Act or on any amendment of that plan and furnished to any authority referred to in section 21(3) of the former Act shall for the purposes of section 61 be deemed to be particulars furnished to that authority under section 60 of the unit entitlements of the derived lots that correspond to those former lots.

23 .         Destruction of or damage to building under former Act

        (1)         Any proceedings under section 19(1) of the former Act which were pending before the Supreme Court immediately before the appointed day may be continued and completed as if they were proceedings under section 31.

        (2)         Any declaration made under section 19(1)(b) of the former Act before the appointed day shall, notwithstanding the repeal of the former Act, continue to operate and shall have the same force and effect as if this Act had not been enacted.

        (3)         Any proceedings for an order referred to in section 19(3) of the former Act which were pending before the Supreme Court immediately before the appointed day may be continued and completed as if they were proceedings under section 28.

        (4)         Any order made under section 19(3) of the former Act before the appointed day shall, notwithstanding the repeal of the former Act, continue to operate and shall, subject to subclause (5), have the same force and effect as if this Act had not been enacted.

        (5)         An order referred to in section 19(3) of the former Act may be varied in the same way as if it were an order made under section 28.

        (6)         Notwithstanding the repeal of the former Act, section 11 of the former Act and the regulations made under that section continue to apply to and in respect of a building which was destroyed under the former Act and the parcel on which that building was situated.

24 .         Administrators under former Act

        (1)         A person who, immediately before the appointed day, held office as an administrator under section 23 of the former Act shall, notwithstanding the repeal of the former Act, continue to have the powers and duties he had, as the holder of that office, immediately before the appointed day.

        (2)         The provisions of section 23 of the former Act continue to apply to and in respect of a person holding office as referred to in subclause (1) notwithstanding the repeal of the former Act.

        (3)         Where immediately before the appointed day an application under section 23(1) of the former Act was pending, the Supreme Court shall remit the application to such referee as it thinks fit on such terms and conditions (including terms and conditions relating to the payment of the costs of the application up to the date of the remittal) as it thinks fit and any application so remitted shall be deemed to be an application capable of being made under section 102.

25 .         Recovery of rates paid by company

                A company continued as a strata company may recover any amount referred to in section 14(2) of the former Act paid by it, whether before or after the appointed day, as if section 14(3) of the former Act had not been repealed by this Act.

26 .         Regulations — Transitional

                The Governor may, for the purposes of bringing lots, common property, companies and councils, within the meaning of the former Act, under the provisions of this Act and applying the provisions of this Act, with or without modifications, additions or exclusions to or in respect of any such lots, common property, companies or councils, and for any purposes incidental thereto, make regulations containing such transitional, consequential or savings provisions as are necessary or expedient.



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