Part IX Miscellaneous

(1) A corporation (other than a building management corporation) shall cause to be continuously displayed in a conspicuous place on the parcel a notice showing the name of the corporation and the address shown on the units plan for service of documents.

Maximum penalty: 20 penalty units.

(1A) A building management corporation must cause to be continuously displayed in a conspicuous place on the building lot for which it is incorporated a notice showing the name of the corporation and the address shown on the building development plan for service of documents.

Maximum penalty: 20 penalty units.

(2) A corporation (other than a building management corporation) shall cause to be continuously available in a conspicuous and accessible place on the parcel a receptacle suitable for purposes of postal delivery, bearing the name of the corporation in clear and legible characters.

Maximum penalty: 20 penalty units.

(3) A building management corporation must cause to be continuously available in a conspicuous and accessible place on the building lot a receptacle suitable for purposes for postal delivery, bearing the name of the corporation in clear and legible characters.

Maximum penalty: 20 penalty units.

A document may be served on a corporation:

(a) by sending it by prepaid post as a letter properly addressed to the corporation at the address shown on the units plan or, if the corporation is a building management corporation, shown on the building development plan for service of documents; or

(b) if that address for service is the postal address of the building on the parcel or building lot – by placing it in the receptacle referred to in section 103(2) or (3).

(1) The Minister may, by instrument in writing, delegate to a person any of his powers and functions under this Act, other than this power of delegation.

(2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purpose of this Act, be deemed to have been exercised or performed by the Minister.

(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.

A document bearing the seal of the corporation and stating:

(a) at a general meeting held on a specified date a resolution in the terms set out in the document was passed; and

(b) the resolution was a unanimous, special or ordinary resolution,

is evidence of the facts stated in the document.

(1) An application may be made under this section:

(a) if a corporation, a mortgagee of a unit, a member or an occupier of a unit claims that a breach of this Act or of the by-laws or articles of the corporation has occurred; or

(b) if a member claims to have been prejudiced, as occupier of a unit, by the wrongful act or default of:

(i) the corporation or the committee, or a delegate of the corporation or committee; or

(ii) another member; or

(c) if a member claims that a decision of the corporation or the committee, or a delegate of the corporation or committee, is unreasonable, oppressive or unjust; or

(d) if a dispute arises:

(i) between a corporation or the committee and a member; or

(ii) between 2 or more members,

in relation to any aspect of the occupation or use of a unit or the common property; or

(e) if a member claims the corporation or the committee, or a delegate of the corporation or committee, has failed or unreasonably refused to perform a function imposed, or to exercise a power conferred, on the corporation or committee under this Act or the management module that applies to the corporation; or

(f) in respect of a dispute or claim of a kind prescribed by regulation.

(2) Subject to this section, the application must be made to the Tribunal and dealt with by the Tribunal within its original jurisdiction.

(3) A member appointed by a corporation may represent the corporation in proceedings under this section.

(4) For resolving the dispute, the Tribunal may make any orders the Tribunal considers appropriate.

(4A) Without limiting subsection (4), the Tribunal may make one or more of the following orders:

(a) an order for the payment of money;

(b) an order that a corporation refund to a member money paid to the corporation by the member;

(c) an order that a person take, or refrain from taking, any action;

(d) an order to confirm, vary or reverse a decision of the corporation or committee;

(e) an order altering the by-laws or articles of a corporation;

(f) an order requiring a corporation or committee to perform a function imposed, or to exercise a power conferred, on the corporation or committee under this Act or the management module that applies to the corporation.

(4B) In addition to the orders referred to in subsections (4) and (4A), the Tribunal may make an order of a kind prescribed by regulation for resolving a dispute or claim referred to in subsection (1)(f).

(5) The Tribunal shall not make an order to alter the by-laws or articles of a corporation unless:

(a) the corporation is a party to the proceedings or the Tribunal is satisfied that the corporation has been given a reasonable opportunity to become a party to the proceedings;

(b) if it appears to the Tribunal that the alteration could adversely affect a member who is not a party to the proceedings, the Tribunal is satisfied that the member has been notified of the possibility that such an order could be made and given a reasonable opportunity to make submissions to the Tribunal in relation to the matter; and

(c) in any event, the Tribunal is satisfied that the order is essential to achieve a fair and equitable resolution of the matter in dispute.

(6) Where the Tribunal makes an order altering the by-laws or articles of a corporation, the Tribunal shall forward a copy of the order to the Registrar-General.

(10) This section does not limit or derogate from any civil remedy at law or in equity.

(11) In this section:

delegate, of a corporation or committee, means a delegate of the corporation or committee under the management module that applies to the corporation.

member, in relation to a corporation, includes a person who is, by section 77, bound by the articles of the corporation.

For the purposes of the Local Government Act 2019 and the Northern Territory Rates Act 1971:

(a) each unit in a units plan shall, on and after the registration of the units plan, be rated separately;

(b) a building lot under this Act is to be rated separately until it is subdivided into units; and

(c) no rates in respect of the parcel are payable under those Acts by the corporation.

(1) There are payable in respect of applications (other than applications to the Tribunal ) and other matters under this Act such fees as are specified in, or ascertained in accordance with, the regulations made under the Registration Act 1927.

(2) A fee payable under subsection (1) is payable to the Registrar-General.

The Administrator may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted to be prescribed by this Act or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.