Chapter 8 Transitional provisions

The purpose of this part is to provide for—

(a) transition from the 1980 Act; and

(b) other matters of a savings or transitional nature, including a limited continuing operation of the 1980 Act.

(1) The approach adopted in this part is—

(a) on the commencement of this part, community titles schemes are established in place of building units plans and group titles plans under the 1980 Act; and

(b) building units plans and group titles plans are no longer to be registered under the 1980 Act, and instead, community titles schemes are to be established under this Act.

(2) However, the 1980 Act continues in force for—

(a) building units plans and group titles plans registered under the 1980 Act, if their registration under the 1980 Act was for a specified Act; and

(b) building units plans and group titles plans registered after the commencement, if their registration is for a specified Act; and

(c) the registration of building units plans and group titles plans lodged for registration before the commencement, or within a limited time after the commencement, except that, once registered, community titles schemes are established in place of the building units plans and group titles plans.

In this part—

1980 Act means the Building Units and Group Titles Act 1980.

1980 Act plan means an existing 1980 Act plan or a future 1980 Act plan.

commencement means the commencement of this part.

existing 1980 Act plan means—

(a) a former building units plan or former group titles plan within the meaning of section 5(1) of the 1980 Act; or

(b) a building units plan or group titles plan registered under the 1980 Act;

to which, immediately before the commencement, the 1980 Act applied, other than a building units plan or group titles plan registered under the 1980 Act but brought into existence for a specified Act.

future 1980 Act plan means a building units plan or group titles plan registered under the 1980 Act after the commencement, other than a building units plan or group titles plan brought into existence for a specified Act.

new scheme means the community titles scheme established under this part for a 1980 Act plan.

specified Act means—

(a) the Integrated Resort Development Act 1987; or

(b) the Mixed Use Development Act 1993; or

(c) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; or

(d) the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984; or

(e) the Sanctuary Cove Resort Act 1985.

Division 2 Limited continuing operation of 1980 Act

(1) This section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is not a plan for a specified Act.

(2) If the plan was lodged for registration under the 1980 Act before the commencement, it may be registered under the 1980 Act after the commencement.

(3) If the plan is lodged for registration after the commencement, it may be registered under the 1980 Act if the plan is lodged for registration within—

(a) 6 months after the commencement; or

(b) a longer period after the commencement the registrar considers in the circumstances to be reasonable.

(4) However, if the plan has not been registered within 3 years after the commencement, the registrar must reject the plan.

(5) An instrument executed for the purpose of the plan before the commencement may be registered under the 1980 Act.

(1) This section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is a plan for a specified Act.

(2) If the plan was registered before the commencement, the 1980 Act continues to apply to the plan after the commencement, subject to the specified Act.

(3) If the plan was lodged for registration under the 1980 Act before the commencement—

(a) it may be registered under the 1980 Act after the commencement; and

(b) the 1980 Act applies to the plan on and from the commencement, subject to the specified Act.

(4) If the plan is lodged for registration under the 1980 Act after the commencement—

(a) it may be registered under the 1980 Act; and

(b) the 1980 Act applies to the plan on and from its registration, subject to the specified Act.

(5) An instrument executed for the purpose of the plan, whether before or after the commencement, may be registered under the 1980 Act.

Division 3 Saving existing 1980 Act plans

This division applies to each existing 1980 Act plan (the existing plan).

(1) On the commencement, a community titles scheme (the new scheme) is established for the existing plan.

(2) The new scheme is a basic scheme.

(3) Each lot in the existing plan becomes a lot included in the new scheme.

(4) The scheme land for the new scheme is all the land included in the parcel for the existing plan.

(5) Each item of additional common property under the 1980 Act, part 2, division 2 for the existing plan (other than an item of additional common property acquired as freehold land and incorporated into the parcel for the existing plan) becomes a body corporate asset for the new scheme, and an exclusive use by-law applying to the item and having continuing effect under this part is taken to apply to the item as a body corporate asset.

(6) The body corporate under the 1980 Act for the existing plan is taken to be, without change to its corporate identity, the body corporate for the new scheme.

(7) A person holding office as the chairperson, secretary, treasurer, or a member of the committee, of the body corporate for the existing plan immediately before the commencement continues, subject to this Act, in the corresponding office under this Act as if elected or appointed to the office under this Act.

(8) A procedural step taken towards the calling of a general meeting of the body corporate for the existing plan or a meeting of its committee before the commencement is validly taken under this Act if taken in accordance with the law then in force.

(9) The financial year for the new scheme is, unless the first annual general meeting has not been held for the existing plan—

(a) each year ending on the last day of the month containing the anniversary of the first annual general meeting held for the existing plan; or

(b) if a referee under the 1980 Act has fixed a date to be taken to be the anniversary of the first annual general meeting of the body corporate—each year ending on the last day of the month containing the date fixed by the referee.

(10) If a first annual general meeting has not been held for the new scheme before the commencement, then, for the purpose only of calculating when the first annual general meeting is to be held, and for determining the new scheme’s financial year, the establishment of the scheme is taken to have happened when the existing plan was registered.

(11) The original proprietor for the existing plan becomes the original owner for the new scheme.

(12) However, obligations imposed under this Act on the original owner when a scheme is established apply only to the extent that equivalent obligations under the 1980 Act have not been complied with.

(1) This section applies when the new scheme is established for the existing plan.

(2) If the existing plan is a building units plan, it is taken to be a building format plan of subdivision under the Land Title Act.

(3) If the existing plan is a group titles plan—

(a) it is taken to be a standard format plan of subdivision under the Land Title Act; but

(b) easements applying for the new scheme immediately before the commencement under sections 15 and 17 of the 1980 Act continue to apply after the commencement.

(1) Each action validly taken under the 1980 Act, part 4 for the existing plan before the commencement continues to have effect for the management of the new scheme as if the action was taken under this Act, and as if this Act had been in force when the action was taken.

Examples—

1 The imposition of a levy before the commencement continues to have effect for the new scheme as an action taken under this Act.

2 An authority given by the committee for the body corporate for the existing plan before the commencement continues to have effect for the new scheme as an authority given under this Act.

(2) Subsection (1) has effect subject to a provision of this part specifying differently.

(3) Until the annual general meeting of the body corporate for the new scheme first happening after the commencement, a body corporate manager may continue to use the body corporate’s seal in the way the body corporate manager could use it under the former Act immediately before the commencement.

(4) Subsection (3) applies subject to a decision of the body corporate about the use of the seal, made under the regulation module applying to the scheme.

Division 4 Saving future 1980 Act plans

This division applies to each future 1980 Act plan (the future plan).

(1) Immediately after the future plan is registered under the 1980 Act, a community titles scheme (the new scheme) is established for the future plan.

(2) The new scheme is a basic scheme.

(3) Each lot in the future plan becomes a lot included in the new scheme.

(4) The scheme land for the new scheme is all the land included in the parcel for the future plan.

(5) The body corporate formed under the 1980 Act for the future plan is taken to be, without change to its corporate identity, the body corporate for the new scheme.

(6) The original proprietor for the future plan becomes the original owner for the new scheme.

(1) This section applies when the new scheme is established for the future plan.

(2) If the future plan is a building units plan, it is taken to be a building format plan of subdivision under the Land Title Act.

(3) If the future plan is a group titles plan, it is taken to be a standard format plan of subdivision under the Land Title Act.

Division 5 Community management statements for new schemes

This division provides for the community management statement for the new scheme established under this part for a 1980 Act plan.

(1) On its establishment, the new scheme is taken to have a community management statement (the interim statement).

(2) The interim statement is taken—

(a) to state—

(i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and

(ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and

(b) to state as the address for service of the body corporate the address at which documents may be served on the body corporate, as endorsed on the 1980 Act plan; and

(c) to state as the name of the original owner for the new scheme, and to state, as the address for service of the original owner, the original proprietor’s name and address for service (if any) under the 1980 Act; and

(d) to identify as the regulation module applying to the new scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and

(e) to include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(f) to include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(g) if the scheme is established for an existing 1980 plan—

(i) to include by-laws that are identical to the by-laws that, immediately before the commencement, were the by-laws in force for the plan; and

(ii) to show allocations of common property, including variations and transpositions of common property, that, immediately before the commencement, were in force under the by-laws for the plan; and

(h) if the scheme is established for a future 1980 Act plan—not to include any by-laws.

(3) The interim statement is the community management statement for the new scheme until—

(a) under provisions of this Act for the recording of a new community management statement, a new community management statement is recorded for the scheme; or

(b) if a new community management statement is not recorded—the end of 3 years after the commencement.

(4) Despite subsection (3)—

(a) an amendment of, addition to or repeal of by-laws in force for an existing 1980 Act plan agreed to by special resolution under the 1980 Act on or after 13 April 1997 but before the commencement may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the amendment, addition or repeal; and

(b) a notification of an allocation, including a variation or transposition, of identified common property happening before the commencement under a by-law for an existing 1980 Act plan may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the allocation, variation or transposition.

(5) A new community management statement may be recorded under subsection (3)(a) for a new scheme mentioned in subsection (2)(g) even though the statement does not include any by-laws.

(6) If subsection (5) applies—

(a) the by-laws for the new scheme are taken to be the by-laws that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the by-laws in force for the scheme immediately before the new statement is recorded; and

(b) allocations of identified common property for the new scheme are taken to be the allocations that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the allocations, including variations and transpositions, in force for the scheme immediately before the new statement is recorded.

(1) Despite section 337(1) to (4), when a future 1980 Act plan is lodged for registration, a community management statement (a first statement) may be lodged for recording as the community management statement for the new scheme to be established on registration of the future 1980 Act plan.

(2) If, when the registrar registers a future 1980 Act plan, the registrar records a first statement, the first statement is taken to have effect immediately the new scheme is established, and the new scheme does not have an interim statement.

(3) However, despite anything in the first statement, the regulation module applying to the scheme is, until a subsequent community management statement is recorded for the scheme and identifies a different regulation module as the regulation module applying to the scheme, the regulation module that applies to a community titles scheme if no other regulation module applies to it.

(1) This section applies if an interim statement is still the community management statement for a new scheme at the end of 3 years after the commencement.

(2) The registrar must record a new community management statement (the standard statement) for the new scheme as soon as practicable after the end of the 3 years, and until the registrar records the standard statement, another community management statement may not be recorded for the scheme.

(3) If the registrar records a standard statement for the new scheme, the standard statement is taken to be the community management statement for the scheme immediately after the interim statement ceases to be the community management statement for the scheme.

(4) The standard statement must—

(a) state—

(i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and

(ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and

(b) state as the address for service of the body corporate the address at which documents may be served on the body corporate, endorsed on the 1980 Act plan; and

(c) state as the name and address of the original owner for the new scheme, the original proprietor’s name and address for service (if any) under the 1980 Act; and

(d) identify as the regulation module applying to the scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and

(e) include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(f) include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(g) not include any by-laws for the new scheme.

(5) Despite subsection (4)(g), if the new scheme for which a standard statement is recorded is a new scheme established for an existing 1980 Act plan—

(a) the by-laws for the new scheme are taken to be the by-laws that, under section 337(2)(g)(i) and, if applicable, section 337(4), are the by-laws in force for the scheme immediately before the end of the 3 years mentioned in subsection (1); and

(b) allocations of identified common property for the new scheme are taken to be the allocations that, under section 337(2)(g)(ii) and, if applicable, section 337(4), are the allocations, including variations and transpositions, in force for the scheme immediately before the end of the 3 years mentioned in subsection (1).

A by-law, including an exclusive use by-law, maintained in force under this part for a new scheme continues to have effect, and may be included in a subsequent community management statement recorded for the scheme, even though it is not competent for the community management statement for a community titles scheme established after the commencement to include the by-law.

(1) This section applies if, immediately before the commencement, the registered proprietor for the time being of a lot (the lot) in an existing 1980 Act plan was entitled, or purportedly entitled, under a resolution of the body corporate, to a right of exclusive use and enjoyment of, or a special privilege in respect of, any of the common property under the existing 1980 Act plan, but no exclusive use by-law for the purpose of the right or special privilege had been agreed to.

(2) A by-law giving effect to the resolution is taken to have been agreed to by the body corporate under the 1980 Act before the commencement.

(3) However, the body corporate must not deposit the by-law for recording by the registrar under the 1980 Act unless the lot owner, within a reasonable time before the end of 18 months after the commencement, asks the body corporate to deposit the by-law for recording.

(4) Despite subsection (2), if action (including a failure to take action) by the body corporate in relation to the depositing the by-law for recording is the subject of an application under the dispute resolution provisions, it is competent for the adjudicator, in deciding whether to order the body corporate to deposit a by-law for recording, to consider whether it is equitable in all the circumstances for the order to be made, having regard especially to the following—

(a) the interests of other persons having an estate or interest in lots included in the new scheme;

(b) the extent to which the right or privilege mentioned in subsection (1) has been exercised or apparent before and after the commencement.

(5) The order of the adjudicator may include—

(a) a direction for a variation or modification of the provisions of the by-law to be deposited for recording; or

(b) a direction that no by-law be deposited.

(6) A by-law may be deposited for recording under an order of the adjudicator mentioned in subsection (4) even though more than 18 months have elapsed after the commencement.

Division 6 Special provisions for contracts

In this division—

body corporate contract, for a community titles scheme, means a contract or other arrangement entered into by the body corporate that is, or is in the nature of, 1 or a combination of 2 or all of the following—

(a) the engagement of a person as a body corporate manager for the scheme;

(b) the engagement of a person as a service contractor for the scheme;

(c) the authorisation of a person as a letting agent for the scheme.

exempted provisions, for a body corporate contract for a community titles scheme, means the provisions of this Act, and of the regulation module applying to the scheme, providing for 1 or more of the following—

(a) the transfer of the interest of a body corporate manager, service contractor or letting agent in a body corporate contract;

(b) termination of a body corporate contract by the body corporate;

(c) the required form of a body corporate contract;

(d) limitation on the term of a body corporate contract;

(e) a requirement about the consideration for a body corporate contract;

(f) a prohibition on the existence of consideration for entering into, extending the term of, replacing or renewing a body corporate contract;

(g) requirements about giving authority to a service contractor or letting agent for the use of common property.

notification day means 24 October 1994.

original owner, for a community titles scheme, includes a predecessor in title of the original owner, and, if the scheme is established for an existing or future 1980 Act plan, includes the original proprietor for the plan and a predecessor in title of the original proprietor.

term limitation provision means the provision mentioned in the definition exempted provisions, paragraph (d).

(1) The body corporate for an existing 1980 Act plan is taken to have had power on and from 4 May 1994 to give an authorisation to a person as a letting agent.

(2) Subsection (3) applies to a body corporate contract if—

(a) the contract was purportedly entered into before the notification day; and

(b) the contract included the authorisation of a person as a letting agent; and

(c) the body corporate subsequently took or takes action (whether before or after the notification day) that established or establishes the validity of the contract (including the authorisation).

(3) For this division, the contract is taken to have been entered into before the notification day.

(1) The exempted provisions for a body corporate contract for a community titles scheme do not apply to the contract if the contract was entered into before the notification day.

(2) Also, the exempted provisions do not apply to the contract if—

(a) the contract was entered into on or after notification day; and

(b) the original owner disclosed an intention for the body corporate to enter into the body corporate contract (whether or not the contractor was identified) in a statement given under the 1980 Act, section 49(1) to each buyer under a purchase agreement with the original owner; and

(c) when the statement was given, the buyer was not a person who would have been, had this Act been in force, an associate of the original owner; and

(d) the purchase agreement was for the purchase of a lot (whether or not a proposed lot)—

(i) that on the commencement, becomes a lot included in the scheme; or

(ii) that becomes a lot included in the scheme immediately after the registration of a future 1980 Act plan; and

(e) the purchase agreement was entered into before notification day; and

(f) the body corporate contract took effect before the commencement, or takes effect within 1 year after the commencement.

(3) The exempted provisions (other than a term limitation provision) for a body corporate contract for a community titles scheme do not apply to the contract if—

(a) the contract was entered into by the body corporate on or after notification day but before the commencement; and

(b) subsection (2) does not apply to the contract.

(4) If subsection (1), (2) or (3) applies to a body corporate contract for a community titles scheme (the original contract) to disapply exempted provisions for the original contract, the subsection (the relevant subsection) also applies to—

(a) the original contract if it was transferred before the commencement or is transferred after the commencement; or

(b) the original contract if it was amended before the commencement, or is amended after the commencement, other than to extend its term; or

(c) if the original contract was amended before the notification day—a new body corporate contract entered into after the notification day, whether before or after the commencement, on the basis of the amendment, but only if the term of the new contract runs from the expiry of the term of—

(i) the original contract; or

(ii) a contract entered into because of a right or option for 1 or more renewals already provided for in the original contract before the original contract was amended; or

(d) until 14 July 2022—a new contract entered into because of a right or option for 1 or more renewals contained in the original contract, whether or not the right or option allowed the new contract to contain a similar right or option.

(5) However, if the new body corporate contract mentioned in subsection (4)(d) is entered into on the basis of an amendment of the original contract made after the notification day—

(a) to the extent the new contract is, or is in the nature of, the engagement of a person as a body corporate manager for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—

(i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a body corporate manager;

(ii) the term mentioned in the new contract; and

(b) to the extent the new contract is, or is in the nature of, the engagement of a person as a service contractor for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—

(i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a service contractor;

(ii) the term mentioned in the new contract; and

(c) to the extent the new contract is, or is in the nature of, the authorisation of a person as a letting agent for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—

(i) the maximum term provided for in the regulation module applying to the scheme for the authorisation of a person as a letting agent;

(ii) the term mentioned in the new contract.

Division 7 Miscellaneous

(1) For a contract entered into by the original proprietor for a 1980 Act plan before the commencement for the sale of a lot or proposed lot, the 1980 Act, sections 49 and 49A apply even though a new scheme is established for the plan.

(2) If a seller of a lot or proposed lot in a 1980 Act plan (other than the original proprietor for the plan) entered into a contract before the commencement for the sale of the lot or proposed lot—

(a) the 1980 Act, section 40 applies to the contract, and applies even though, if it is for the sale of a proposed lot, the lot is not created until the plan is registered after the commencement; but

(b) a body corporate may, rather than comply with section 40 of the 1980 Act, give a body corporate information certificate under this Act.

(1) This section applies if, before the commencement, an application was made to a referee under the 1980 Act, part 5 for the purpose of an existing 1980 Act plan.

(2) The 1980 Act, part 5 continues to apply for the completion of all matters relating to the application.

(3) An order made under a provision of the 1980 Act, part 5 has effect for the new scheme established for the existing 1980 Act plan.

(1) This section applies to references in provisions of Acts (other than a specified Act, or another Act amended in schedule 3) enacted before the commencement.

(2) A reference to any of the following Acts is taken to be a reference to this Act—

• Building Units and Group Titles Act 1980

• Building Units Titles Act 1965

• Group Titles Act 1973.

Part 2 Transitional provision for Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002

(1) This section applies to a contract mentioned in section 213(1) entered into on or after 1 July 2001 and before the commencement of this section that has not been settled or lawfully terminated.

(2) Despite section 213(6), a buyer can not cancel the contract because of noncompliance with section 213(5) as in force immediately before the commencement of this section only because an information sheet was attached to the contract immediately beneath a warning statement that was attached as the first or top sheet of the contract.

(3) In this section—

warning statement means a warning statement under the Property Agents and Motor Dealers Act 2000, section 366.

Part 3 Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2003

(1) This section applies to a basic scheme—

(a) consisting of lots created under a standard format plan of subdivision and a building format plan of subdivision; and

(b) established—

(i) before the commencement of this section; or

(ii) if the application for development approval for the scheme was made before the commencement—after the commencement.

(2) The body corporate, by ordinary resolution without the use of proxies, may change the contribution schedule lot entitlements of the lots included in the scheme.

(3) The resolution must be passed—

(a) for a scheme mentioned in subsection (1)(b)(i)—within 15 months after commencement of this section; or

(b) for a scheme mentioned in subsection (1)(b)(ii)—within 15 months after the scheme is established.

(4) The notice of the meeting at which the resolution is proposed to be passed must state or be accompanied by a copy of independent professional advice, obtained by the body corporate from an appropriate person, about any changes required to the contribution schedule lot entitlements to equitably reflect the difference in the maintenance requirements of the standard format lots and the building format lots.

Example of appropriate person for subsection (4)—

a lawyer or registered valuer

(5) The body corporate may exercise the power under subsection (2) only once.

(6) The changed lot entitlements—

(a) must equitably reflect the difference in the maintenance requirements of the standard format lots and the building format lots; and

(b) unless the body corporate, by ordinary resolution, decides otherwise, apply only for contributions levied after the resolution is passed.

(1) This section applies to a basic scheme mentioned in section 349.

(2) Within 3 months after passing a resolution under section 349, the body corporate must lodge a request to record a new community management statement.

(3) The difference between the new community management statement and the existing community management statement must be limited to changes to reflect the changed contribution schedule lot entitlements.

(4) Despite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on it of a community management statement notation.

(5) The fees payable under the Land Title Act for recording a community management statement do not apply to the new community management statement.

(1) Subsection (2) applies if a new community management statement mentioned in section 350—

(a) is recorded for a community titles scheme; and

(b) is not endorsed with a community management statement notation.

(2) The body corporate must, within 14 days after the statement is recorded, give a copy of the statement to each local government in whose local government area scheme land is located.

(1) This section applies to an easement for a lot if the easement was in existence, under repealed sections 60 to 65, immediately before the commencement of this section.

(2) On the commencement, the easement is taken to be a statutory easement.

(3) In this section—

repealed sections 60 to 65 means sections 60 to 65 as in force immediately before the commencement.

(1) This section applies to a committee power or executive member power in force immediately before the commencement of this section.

(2) On the commencement—

(a) the executive member power is taken to be given under section 106 as in force on the commencement; and

(b) the committee power continues subject to the previous section 106 as if the previous section 106 were still in force.

(3) In this section—

committee power means a power of a committee for a body corporate given to a body corporate manager under the previous section 106.

executive member power means a power of an executive member of a committee for a body corporate given to a body corporate manager under the previous section 106.

previous section 106 means section 106 as in force immediately before the commencement.

(1) This section applies if an application for an order of an adjudicator made under the previous dispute resolution provisions has not been finally dealt with before the commencement of this section.

(2) The application may continue to be dealt with under the previous dispute resolution provisions, and by a person authorised to deal with the application immediately before the commencement, as if the Body Corporate and Community Management and Other Legislation Amendment Act 2003, other than section 113 to the extent it inserts section 355, had not been enacted.

(3) In this section—

previous dispute resolution provisions means the dispute resolution provisions in force immediately before the commencement.

Part 3A Transitional provision for Property Agents and Motor Dealers and Other Acts Amendment Act 2006

(1) This section applies to a contract relating to a proposed lot under the Land Sales Act 1984 that—

(a) was entered into before 1 December 2005; and

(b) did not have an information sheet attached to it as required under old section 213(5)(b) because the warning statement, the information sheet and the contract were given to the buyer by electronic communication; and

(c) was not settled before the commencement of this section.

(2) The buyer under the contract may, after the commencement, cancel the relevant contract under old section 213(6) because the information sheet was not attached as required under old section 213(5)(b) by giving signed, dated notice of cancellation to the seller if the notice of cancellation is given to the seller before whichever of the following happens first—

(a) the relevant contract settles;

(b) the end of 1 month after the date of assent of the Property Agents and Motor Dealers and Other Acts Amendment Act 2006.

(3) If the buyer does not cancel the contract as provided under subsection (2), the buyer’s rights under old section 213 to cancel the contract for the reason mentioned in subsection (2) are extinguished.

(4) In this section—

electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2.

old section 213 means section 213 as in force before 1 December 2005.

old section 213(5)(b) means section 213(5)(b) as in force before 1 December 2005.

old section 213(6) means section 213(6) as in force before 1 December 2005.

warning statement has the meaning given by the Property Agents and Motor Dealers Act 2000, section 366(1) as in force before 1 December 2005.

Part 4 [Expired]

355 [Expired]

Part 5 [Repealed]

356 [Repealed]

Part 6 Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2007

In this part—

amending Act means the Body Corporate and Community Management and Other Legislation Amendment Act 2007.

(1) This section applies if an application for an order of the District Court or a specialist adjudicator for the adjustment of a lot entitlement schedule was made, but not disposed of, before the commencement of this section (the commencement).

(2) The application is to be dealt with under this Act as if the amending Act had not been enacted and previous section 48(9) applies in relation to an adjustment of a lot entitlement schedule ordered by the court or specialist adjudicator.

(3) In this section—

previous section 48(9) means section 48(9) as in force immediately before the commencement.

(1) This section applies if an application for the resolution of a dispute, other than an application for the adjustment of a lot entitlement schedule, was made under chapter 6, but not disposed of, before the commencement of this section.

(2) The application is to be dealt with under this Act as if the amending Act had not been enacted.

(1) This section applies if—

(a) immediately before the commencement of this section (the commencement), a person was entitled to appeal under section 289 or 304 to the District Court but had not started the appeal; or

(b) an appeal was started under section 289 or 304, but not finished, before the commencement.

(2) The appeal may be started or continued under this Act as if the amending Act had not been enacted.

(1) This section applies to a person who, before the commencement of new section 236, held an appointment as a dispute resolution officer under previous section 236.

(2) The person’s appointment continues in force after the commencement according to its terms and is taken to be an appointment under new section 236.

(3) In this section—

new section 236 means section 236 as inserted by the Body Corporate and Community Management and Other Legislation Amendment Act 2007.

previous section 236 means section 236 as in force before the commencement of new section 236.

(1) This section applies to a person who, before the commencement of this section (the commencement)—

(a) was a committee member for a community titles scheme; and

(b) a voting member of the committee under the regulation module applying to the scheme.

(2) The code of conduct for committee voting members applies to the person only in relation to acts done or omissions made after the commencement.

Part 6A Transitional provision for Body Corporate and Community Management Amendment Act 2009

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

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

(3) Subsection (1)—

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

(b) does not apply for the purpose of—

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

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

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

(4) In this section—

commencement means the commencement of this section.

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

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

Part 7 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009

The purpose of this part is to provide that a proceeding for an appeal from an order of an adjudicator that is, under the QCAT Act, chapter 7, started before QCAT, taken to be before QCAT, or transferred to QCAT, is to be dealt with in QCAT’s appeal jurisdiction rather than its review jurisdiction.

In this part—

former tribunal means the Commercial and Consumer Tribunal established under the repealed Commercial and Consumer Tribunal Act 2003.

(1) This section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, under the QCAT Act, section 255.

(2) For applying the QCAT Act, section 255(3)(b) and (4) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.

(3) Subsection (2) applies despite the QCAT Act, section 255(5).

(1) This section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, before QCAT under the QCAT Act, section 267.

(2) For applying the QCAT Act, section 267(4)(b) and (5) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.

(3) Subsection (2) applies despite the QCAT Act, section 267(6).

(1) This section applies to—

(a) an existing tribunal proceeding that is taken under the QCAT Act, chapter 7, part 2, division 3 to be a proceeding before QCAT; or

(b) an existing court proceeding that is transferred to QCAT under the QCAT Act, section 268(4).

(2) For applying the QCAT Act, section 271 to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.

(3) Subsection (2) applies despite the QCAT Act, section 271(3).

(4) In this section—

existing court proceeding means an existing court proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the District Court.

existing tribunal proceeding means an existing tribunal proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the former tribunal.

Part 8 Transitional provisions for the Property Agents and Motor Dealers and Other Legislation Amendment Act 2010

In this part—

amended chapter 5 means chapter 5 as in force after the commencement.

commencement means the commencement of this section.

pre-amended provisions means sections 205A, 206, 206A, 213 and 213A as in force before the commencement.

pre-amendment contract means a pre-amendment non-residential contract or a pre-amendment residential contract.

pre-amendment non-residential contract means a contract to which the pre-amended provision, section 206(5) or 213(5), applied before the commencement.

pre-amendment residential contract means a contract to which the pre-amended provision, section 206(6) or 213(5A), applied before the commencement.

residential property see section 205A.

(1) A pre-amendment contract can not be cancelled under the pre-amended provisions after the commencement.

(2) The cancellation, under the pre-amended provisions, of a pre-amendment contract having effect immediately before the commencement continues to have effect.

(1) This section applies if —

(a) a contract form for the sale of a lot that is not residential property was given to a proposed buyer by a seller before the commencement; and

(b) the contract form became or becomes a contract before, on or after the commencement.

(2) The contract may be terminated under amended section 206(7)(b) and for that purpose amended section 206(5) applies with the change mentioned in subsection (3).

(3) For applying amended section 206(5), all words from ‘must’ to ‘buyer’ are taken to be omitted and replaced by the words ‘must have had an information sheet in the approved form attached to the contract when the contract was given to the buyer’.

(4) For applying amended section 206(5) (the provision) as mentioned in subsection (3)—

(a) a reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(5); and

(b) the word ‘attached’ has the meaning it has in amended chapter 5.

(5) In this section—

amended section 206(5) means section 206(5) as in force after the commencement.

amended section 206(7)(b) means section 206(7)(b) as in force after the commencement.

(1) This section applies if—

(a) a contract form for the sale of a lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and

(b) the contract form became or becomes a contract before, on or after the commencement.

(2) The contract may be terminated under amended section 206A and, for that purpose, the section applies with all necessary and convenient changes and the changes mentioned in subsection (3).

(3) For applying amended section 206A in relation to the contract—

(a) in subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and

(b) in subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and

(c) in subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and

(d) subsection (9) of the section is taken to be omitted.

(4) For amended section 206A(1) as applying under subsection (3)(a), it is declared that a person failed to give a clear statement directing attention to an information sheet in the approved form if, at the time the clear statement was given, the information sheet was not attached to the contract form.

(5) For applying amended section 206A as mentioned in subsection (3)(a) or (b)—

(a) a reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(6); and

(b) the word ‘attached’ has the meaning it has in amended chapter 5.

(6) In this section—

amended section 205A means section 205A as in force after the commencement.

amended section 206A means section 206A as in force after the commencement.

attached see amended section 205A.

(1) This section applies if —

(a) a contract form for the sale of a proposed lot that is not residential property was given to a proposed buyer by a seller before the commencement; and

(b) the contract form became or becomes a contract before, on or after the commencement.

(2) The contract may be terminated under amended section 213(6)(b) and for that purpose amended section 213(5) applies with the change mentioned in subsection (3).

(3) For applying amended section 213(5), all words from ‘must’ to ‘buyer’ are taken to be omitted and replaced by the words ‘must have had an information sheet in the approved form attached to the contract when the contract was given to the buyer’.

(4) For applying amended section 213(5) (the provision) as mentioned in subsection (3)—

(a) a reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5); and

(b) the word ‘attached’ has the meaning it has in amended chapter 5.

(5) In this section—

amended section 213 means section 213 as in force after the commencement.

amended section 213(5) means section 213(5) as in force after the commencement.

amended section 213(6)(b) means section 213(6)(b) as in force after the commencement.

proposed lot has the same meaning as the term has in amended section 213.

(1) This section applies if—

(a) a contract form for the sale of a proposed lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and

(b) the contract form became or becomes a contract before, on or after the commencement.

(2) The contract may be terminated under amended section 213A and, for that purpose, the section applies with all necessary and convenient changes and the changes mentioned in subsection (3).

(3) For applying amended section 213A in relation to the contract—

(a) in subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and

(b) in subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and

(c) in subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and

(d) in subsection (9), the definition contract form is taken to be omitted.

(4) For amended section 213A(1) as applying under subsection (3)(a), it is declared that a person failed to give a clear statement directing attention to an information sheet in the approved form if, at the time the clear statement was given, the information sheet was not attached to the contract form.

(5) For applying amended section 213A as mentioned in subsection (3)(a) or (b)—

(a) a reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5A); and

(b) the word ‘attached’ has the meaning it has in amended chapter 5.

(6) In this section—

amended section 205A means section 205A as in force after the commencement.

amended section 213 means section 213 as in force after the commencement.

amended section 213A means section 213A as in force after the commencement.

attached see amended section 205A.

proposed lot has the same meaning as the term has in amended section 213.

Part 9 Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2011

Division 1 Preliminary

In this part—

commencement means commencement of this section.

Division 2 Interest schedules for particular schemes

(1) This section applies to a community titles scheme established after the commencement if a contract for the sale of a lot intended to come into existence as a lot included in the scheme was entered into before the commencement.

(2) Section 46(8) does not apply in relation to the interest schedule for the community titles scheme.

(3) In deciding the interest schedule lot entitlements for the community titles scheme, regard must be had to—

(a) how the scheme is structured; and

(b) the nature, features and characteristics of the lots included in the scheme; and

(c) the purposes for which the lots are used.

(4) Despite subsection (2), section 48(5) applies to an order of a specialist adjudicator or QCAT to adjust the interest schedule for the community titles scheme.

Division 3 Effect of particular actions relating to contribution schedule lot entitlements

(1) This division applies to each of the following (each a pre-commencement adjustment action)—

(a) a motion, other than a motion mentioned in subsection (2), submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme that—

(i) was made before the commencement; and

(ii) has not been passed by the body corporate at the commencement;

(b) a resolution, other than a resolution without dissent, of the body corporate for a community titles scheme to adjust the contribution schedule for the scheme that—

(i) was made before the commencement; and

(ii) has not been given effect at the commencement;

(c) an application under section 48, as in force from time to time before the commencement, for an order of a specialist adjudicator or QCAT for the adjustment of the contribution schedule for a community titles scheme that has not been decided at the commencement;

(d) a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that—

(i) was made before the commencement; and

(ii) has not been given effect at the commencement;

(e) an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that has not been decided at the commencement;

(f) a decision of an appeal entity to adjust the contribution schedule for a community titles scheme that—

(i) was made before the commencement; and

(ii) has not been given effect at the commencement.

(2) For subsection (1)(a), a motion submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme on the basis of either of the following is not a pre-commencement adjustment action—

(a) the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme;

(b) another principle for deciding the contribution schedule lot entitlements for the lots included in the scheme, if it is a contribution schedule principle.

Note—

See section 47A for the adjustments of contribution schedule lot entitlements for the lots included in a community titles scheme that may be made by the body corporate by resolution without dissent.

(3) For subsection (1)(b), (d) and (f), a body corporate’s resolution, or a specialist adjudicator’s, QCAT’s or appeal entity’s decision, to adjust the contribution schedule for a community titles scheme has not been given effect if a new community management statement incorporating the adjustment has not been recorded.

(4) In this section—

appeal entity means a court or tribunal having jurisdiction to hear and decide an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme.

(1) Each pre-commencement adjustment action ceases to have effect at the commencement.

(2) Without limiting subsection (1)—

(a) the pre-commencement adjustment action is taken to have never been made; and

(b) no further action may be taken in relation to the pre-commencement adjustment action.

Division 4 Adjustment of contribution schedule for existing scheme to which adjustment order applies

Subdivision 1 Definitions

In this division—

adjustment order —

(a) means an order of a court, tribunal or specialist adjudicator, made before the commencement, providing for an adjustment of the contribution schedule for an existing scheme; but

(b) does not include an order of a court or tribunal giving effect to a decision that is not made by the court or tribunal or another court or tribunal (including a decision that is not, but is taken to have been, made by a court or tribunal).

Examples for paragraph (b)—

• an order of a court or tribunal giving effect to the terms of the settlement of a dispute between an owner of a lot included in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme

• a written agreement that—

(a) is between an owner of a lot included in an existing scheme and the body corporate; and

(b) provides for the adjustment of the contribution schedule for the scheme; and

(c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal

changed entitlements, for an existing scheme, means the contribution schedule lot entitlements for the scheme after a new community management statement is recorded for the scheme because a relevant decision is made in relation to the scheme.

existing scheme means a community titles scheme established before the commencement.

pre-adjustment order entitlements, for an existing scheme to which an adjustment order applies, means—

(a) if the adjustment order is the only adjustment order applying to the scheme—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the order was made; or

(b) otherwise—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the first adjustment order applying to the scheme was made.

relevant decision means—

(a) a decision of the committee for the body corporate for an existing scheme under section 385(4); or

(b) a decision of the body corporate for an existing scheme under section 387(2); or

(c) an order of a specialist adjudicator or QCAT under section 388.

Subdivision 2 Motion for adjustment of contribution schedule

(1) Subsection (2) applies if—

(a) an adjustment order increased the proportion of the total contribution schedule lot entitlements for all the lots included in an existing scheme that are attributable to a lot included in the scheme; and

(b) before the commencement, a new community management statement reflecting the increase has been recorded.

(2) The owner of the lot may submit a motion proposing the adjustment of the contribution schedule for the existing scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384, to—

(a) if there is a committee for the body corporate—the committee; or

(b) otherwise—the body corporate.

(3) Subsection (2) does not apply to a person who—

(a) became an owner of the lot after the adjustment order was made; or

(b) becomes an owner of the lot after the commencement.

(4) Subsection (2) ceases to apply 3 years after the commencement.

Note—

Under section 398, this section no longer applies.

Subdivision 3 Dealing with motion for adjustment of contribution schedule

This subdivision provides for how a motion under section 379 must be dealt with, including providing for the adjustment of the pre-adjustment order entitlements for an existing scheme in circumstances to which sections 381 to 384 apply.

(1) This section applies if a lot (the pre-subdivision lot) in an existing scheme as it was when the pre-adjustment order entitlements for the scheme were decided comprises 2 or more lots (the post-subdivision lots) when a relevant decision is made in relation to the scheme.

(2) The changed entitlements for the existing scheme must apportion the pre-adjustment order entitlement for the pre-subdivision lot between the post-subdivision lots according to the respective market values of the post-subdivision lots, except to the extent to which it is just and equitable in the circumstances for the individual contribution schedule lot entitlements for the post-subdivision lots not to reflect the respective market values of the lots.

(3) In this section—

pre-adjustment order entitlement, for the pre-subdivision lot, means the proportion of the pre-adjustment order entitlements for the existing scheme attributable to the pre-subdivision lot.

(1) This section applies if 2 or more lots (the pre-amalgamation lots) in an existing scheme as it was when the pre-adjustment order entitlements for the scheme were decided comprises only 1 lot (the post-amalgamation lot) when a relevant decision is made in relation to the scheme.

(2) The changed entitlements for the existing scheme must provide for the contribution schedule lot entitlement for the post-amalgamation lot to be the total of the pre-adjustment order contribution schedule lot entitlements for the scheme attributable to the pre-amalgamation lots.

(1) This section applies if a constructing authority has given advice mentioned in section 51(1) to the body corporate for an existing scheme in relation to a boundary change for the lots included in the scheme that happened after the pre-adjustment order entitlements for the scheme were decided.

(2) The changed entitlements for the existing scheme must take account of the boundary change, having regard to the lot entitlement adjustment advice obtained by the body corporate under section 51(2)(a) in relation to the boundary change.

(1) This section applies if an existing scheme has been affected by a material change that happened after the pre-adjustment order entitlements for the scheme were decided.

(2) The changed entitlements for the existing scheme must take account of the material change.

(3) However, any adjustments of the pre-adjustment order entitlements for the existing scheme to take account of the material change must—

(a) be consistent with the deciding principle for the pre-adjustment order entitlements, and just and equitable to the extent the deciding principle allows; or

(b) if there is no apparent deciding principle for the pre-adjustment order entitlements, be just and equitable.

(1) This section applies if a motion under section 379 is submitted to the committee for the body corporate for an existing scheme.

(2) The committee must, within 2 months after receiving the motion—

(a) identify the pre-adjustment order entitlements for the existing scheme; and

(b) give written notice to each owner of a lot included in the scheme—

(i) stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and

(ii) stating the committee’s proposed adjustment of the contribution schedule for the scheme; and

(iii) inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period) of at least 28 days after receiving the notice.

(3) If section 381 applies to the existing scheme, the committee must obtain a valuation by a registered valuer stating the respective market values of the lots, and attach a copy of the valuation to each notice given under subsection (2)(b).

(4) The committee must, after having regard to any submissions made by an owner of a lot within the submission period, decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.

(5) The committee must, within 7 days after it makes its decision under subsection (4), give each owner of a lot included in the existing scheme written notice of the committee’s decision.

(6) The body corporate must, within 3 months after the committee makes its decision under subsection (4), lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to—

(a) if the committee decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or

(b) if the committee decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements subject to the changes under sections 381 to 384 decided by the committee.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.

(7) Subsection (6)—

(a) applies despite section 47A; but

(b) does not apply if—

(i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and

(ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and

(iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6).

(8) An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the committee’s decision under subsection (5), apply—

(a) under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or

(b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.

(1) This section applies if a motion under section 379 is submitted to the body corporate for an existing scheme.

(2) Within 2 months after receiving the motion, the body corporate must—

(a) identify the pre-adjustment order entitlements for the existing scheme; and

(b) if section 381 applies to the scheme, obtain a valuation by a registered valuer stating the respective market values of lots included in the scheme; and

(c) call a general meeting of its members to decide what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384.

(3) The notice of the general meeting must be accompanied by written evidence of the pre-adjustment order entitlements for the existing scheme and, if a valuation is obtained under subsection (2)(b), the valuation.

(4) The general meeting must be held within 28 days after it is called.

(1) This section applies in relation to a general meeting of the body corporate for an existing scheme called under section 386.

(2) At the general meeting, the body corporate must decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.

(3) The body corporate must, within 7 days after the general meeting, give each owner of a lot included in the existing scheme written notice of the body corporate’s decision under subsection (2).

Note—

The applicable regulation module also provides for a copy of the minutes of a general meeting of a community titles scheme to be given to each owner of a lot included in the scheme.

(4) The body corporate must, within 3 months after the general meeting, lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to—

(a) if the body corporate decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or

(b) if the body corporate decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements, subject to the changes under sections 381 to 384 decided by the body corporate.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.

(5) Subsection (4)—

(a) applies despite section 47A; but

(b) does not apply if—

(i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (6); and

(ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (4); and

(iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (4).

(6) An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the body corporate’s decision under subsection (3), apply—

(a) under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or

(b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.

(1) This section applies in relation to an application under section 385(8) or 387(6) for an order of a specialist adjudicator or QCAT made by an owner of a lot included in an existing scheme.

(2) Despite any other law or statutory instrument, the respondent to the application is the body corporate.

Note—

The body corporate must be given notice of the application under—

(a) for an application to a specialist adjudicator under chapter 6—section 243; or

(b) for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37.

(3) If the owner applies under chapter 6 for an order of a specialist adjudicator—

(a) at the election of another owner of a lot in the existing scheme, the other owner may be joined as a respondent to the application; and

(b) each party to the application is responsible for the party’s own costs of the application.

(4) An owner of a lot included in the existing scheme who elects, under subsection (3)(a), to become a respondent to the application must give written notice of the election to the body corporate.

(5) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule for the existing scheme, the adjusted contribution schedule lot entitlements for the lots included in the scheme must—

(a) be consistent with the deciding principle for the pre-adjustment order entitlements for the scheme, and be just and equitable to the extent the deciding principle allows; or

(b) if there is no apparent deciding principle for the pre-adjustment order entitlements for the scheme, be just and equitable.

(6) To remove any doubt, it is declared that, if there is a deciding principle for the pre-adjustment order entitlements for the existing scheme, the specialist adjudicator or QCAT can not change the deciding principle for the lot entitlements.

(7) The only matters to which the specialist adjudicator or QCAT may have regard for deciding the application are—

(a) if the pre-adjustment order entitlements for the existing scheme were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49; and

(b) whether any of sections 381 to 384 apply to the scheme and, if so, what adjustments should be made to the pre-adjustment order entitlements for the scheme under those sections.

(8) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule for the existing scheme, the body corporate must, within 3 months after the order is made, lodge a request to record a new community management statement incorporating the adjustment.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.

(9) Subsection (8) does not apply if—

(a) the specialist adjudicator’s or QCAT’s order provides for a change to the contribution schedule lot entitlements for the lots included in the existing scheme that is the same as the change mentioned in section 385(6) or 387(4) (the change); and

(b) the body corporate lodges a request to record a new community management statement incorporating the change under section 385(6) or 387(4).

(1) This section applies if, under this division, the body corporate for an existing scheme is required to lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.

(2) If the difference between the new community management statement and existing community management statement for the existing scheme is limited to changes incorporating the changed contribution schedule lot entitlements—

(a) section 54(2) does not apply to the new community management statement; and

(b) despite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme.

(3) If subsection (2)(b) applies, the body corporate must, within 14 days after the new community management statement is recorded, give a copy of the statement to each relevant planning body for the existing scheme.

(4) If the body corporate does not lodge a request as required under this division, an owner of a lot included in the existing scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period.

Note—

The QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act—

• section 132 (which provides for enforcing non-monetary decisions of QCAT in a court)

• section 213 (which creates an offence for contravening a decision of QCAT)

• section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).

(1) The body corporate for an existing scheme is responsible for the costs associated with dealing with a motion under section 379, including—

(a) the costs of obtaining a valuation under section 385(3) or 386(2)(b); and

(b) the costs of preparing and recording the new community management statement under 385(6) or 387(4).

(2) However, subsection (1) does not apply to costs associated with an application under section 385(8) or 387(6) for an order of a specialist adjudicator or QCAT made by an owner of a lot included in the existing scheme.

Division 5 Other provisions

To remove any doubt, it is declared that sections 47A to 48 also apply in relation to a community titles scheme established before the commencement.

(1) This section applies if—

(a) before the commencement, the body corporate for a community titles scheme gave a continuing contravention notice under section 182 to a person; and

(b) after the commencement, the community titles scheme becomes a specified two-lot scheme.

(2) The continuing contravention notice continues in effect, and this Act continues to apply in relation to it, despite section 181A.

(3) In this section—

commencement means the commencement of this section.

(1) This section applies if—

(a) before the commencement, the body corporate for a community titles scheme gave a future contravention notice under section 183 to a person; and

(b) after the commencement, the community titles scheme becomes a specified two-lot scheme.

(2) The future contravention notice continues in effect, and this Act continues to apply in relation to it, despite section 181A.

(3) In this section—

commencement means the commencement of this section.

(1) This section applies in relation to the sale of a lot included in a community titles scheme—

(a) if a contract for the sale of the lot to the person who proposes to buy the lot (the buyer) has not been entered into before the commencement; and

(b) whether or not the person who proposes to sell the lot (the seller) to the buyer has complied with previous section 206 in relation to the sale.

(2) The seller must give the buyer a disclosure statement complying with current section 206 before the buyer enters into a contract to buy the lot.

(3) If the seller has, before the commencement, given the buyer a disclosure statement under previous section 206, the seller complies with current section 206 in relation to the buyer if—

(a) the seller gives the buyer a new disclosure statement that complies with current section 206; or

(b) the seller gives the buyer a written notice that—

(i) states the matters mentioned in current section 206(2)(b); and

(ii) is accompanied by a copy of the community management statement for the community titles scheme.

(4) In this section—

current section 206 means section 206 as in force immediately after the commencement.

previous section 206 means section 206 as in force from time to time before the commencement.

(1) This section applies in relation to the sale of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established—

(a) if a contract for the sale of the lot to the person who proposes to buy the lot (the buyer) has not been entered into before the commencement; and

(b) whether or not the person who proposes to sell the lot (the seller) to the buyer has complied with previous section 213 in relation to the sale.

(2) The seller must give the buyer a disclosure statement complying with current section 213 before the buyer enters into a contract to buy the lot.

(3) If the seller has, before the commencement, given the buyer a disclosure statement under previous section 213, the seller complies with current section 213 in relation to the buyer if—

(a) the seller gives the buyer a new disclosure statement that complies with current section 213; or

(b) the seller gives the buyer a written notice that states the matters mentioned in current section 213(2)(a).

(4) In this section—

current section 213 means section 213 as in force immediately after the commencement.

previous section 213 means section 213 as in force from time to time before the commencement.

Part 10 Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2013

Division 1 Preliminary

In this part and schedule 5A—

amending Act means the Body Corporate and Community Management and Other Legislation Amendment Act 2013.

appeal entity means a court or tribunal having jurisdiction to hear and determine an appeal against an order made under section 388 by a specialist adjudicator or QCAT.

commencement means the commencement of the provision in which the term appears.

division 4 dispute means a dispute about a matter under part 9, division 4, subdivision 2 or 3 that is not a complex dispute.

division 4 dispute decision means a decision made under chapter 6 by a department adjudicator or specialist adjudicator in relation to a division 4 dispute.

former, in relation to a provision, means as in force immediately before the amendment or repeal of the provision by the amending Act.

incomplete adjustment matter means an appeal, application, decision, motion or order mentioned in schedule 5A, column 1—

(a) started, made or submitted before the commencement; and

(b) for which each condition listed in schedule 5A, column 2 opposite the matter is, immediately before the commencement, satisfied.

pre-adjustment order entitlements see section 378.

Division 2 Adjustments under part 9, division 4

On the commencement, section 379 ceases to apply.

(1) On the commencement, an incomplete adjustment matter ceases to have effect.

(2) Without limiting subsection (1)—

(a) an incomplete adjustment matter is taken never to have been made; and

(b) no further action may be taken in relation to an incomplete adjustment matter.

Example for subsection (2)—

Before the commencement, a body corporate for a scheme has made a decision under section 387(2) to adjust the contribution schedule lot entitlements for the scheme to reflect the pre-adjustment order entitlements. However, immediately before the commencement, the body corporate had not lodged a request to record a new community management statement incorporating the change. On the commencement, the body corporate’s decision ceases to have effect and the body corporate can not lodge a request to record a new community management statement incorporating the change.

Division 3 Application of decided entitlements and reinstatement of last adjustment order entitlements

Subdivision 1 Preliminary

In this division—

adjustment order see section 378.

decided entitlements, for a community titles scheme, means the adjusted contribution schedule lot entitlements for the lots included in the scheme decided under a relevant decision for the scheme.

existing scheme see section 378.

last adjustment order, for an existing scheme, means the last adjustment order made in relation to the contribution schedule for the scheme before the commencement of part 9, division 4.

last adjustment order entitlements, for an existing scheme, means the contribution schedule lot entitlements for the scheme ordered under the last adjustment order for the scheme.

relevant decision, for a community titles scheme, means—

(a) a decision mentioned in section 376(1)(d); or

(b) a decision mentioned in section 376(1)(f).

Subdivision 2 Decided entitlements

This subdivision applies to a community titles scheme that was, immediately before the commencement of section 374, the subject of a relevant decision.

(1) This section applies to a community titles scheme—

(a) to which this subdivision applies; and

(b) that is not a specified two-lot scheme.

(2) An owner of a lot included in the scheme may submit a request to the committee (the committee) for the body corporate proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements for the scheme.

(3) Within 60 days after receiving the request, the committee must—

(a) identify the decided entitlements for the scheme; and

(b) give written, dated notice to each owner of a lot included in the scheme—

(i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5; and

(ii) accompanied by written evidence of the relevant decision; and

(iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and

(iv) inviting the owner to make written submissions, within 28 days (the submission period) after the date of the notice, as to what modification, if any, is required to be made to the decided entitlements under subdivision 5.

(1) This section applies if a committee for a body corporate receives a request under section 402.

(2) Within 90 days after the submission period ends the committee must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the decided entitlements for the scheme.

(3) Within 7 days after making its decision, the committee must give the owner of each lot included in the scheme written notice of the committee’s decision.

(4) Within 30 days after the committee makes the decision, the body corporate must lodge a request to record a new community management statement for the scheme incorporating the decided entitlements, as modified, if applicable, under subdivision 5 (the changed entitlements).

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(5) However, subsection (4) does not apply if, before the end of the 30 day period—

(a) an owner of a lot included in the scheme makes an application under section 405; and

(b) the specialist adjudicator or QCAT makes an order under section 406.

(1) This section applies to a community titles scheme—

(a) to which this subdivision applies; and

(b) that is a specified two-lot scheme.

(2) The owner of a lot included in the scheme may give written, dated notice (the notice) to the owner (the other owner) of the other lot included in the scheme, proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.

(3) The notice must—

(a) identify the decided entitlements for the scheme; and

(b) be accompanied by written evidence of the relevant decision; and

(c) state the modification, if any, required to be made under subdivision 5 to the decided entitlements; and

(d) invite the other owner to identify in writing, within 28 days (the submission period) after the date of the notice, what modification, if any, is required to be made to the decided entitlements under subdivision 5.

(4) Within 90 days after the submission period ends, the body corporate must, after considering any written statement received during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the decided entitlements for the scheme.

(5) Within 30 days after making its decision under subsection (4), the body corporate must lodge a request to record a new community management statement for the scheme incorporating the decided entitlements, as modified, if applicable, under subdivision 5 (the changed entitlements).

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(6) However, subsection (5) does not apply if, before the end of the 30 day period—

(a) an owner of a lot included in the scheme makes an application under section 405; and

(b) the specialist adjudicator or QCAT makes an order under section 406.

(1) This section applies if—

(a) the committee for a body corporate or the body corporate makes a decision under section 403 or 404; and

(b) an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.

(2) Within 60 days after the committee or the body corporate makes its decision under section 403 or 404, the owner may apply—

(a) under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme, to reflect the decided entitlements as modified, if applicable, under subdivision 5; or

(b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.

(3) Despite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme.

Note—

The body corporate must be given notice of the application under—

(a) for an application to a specialist adjudicator under chapter 6—section 243; or

(b) for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37.

(4) However, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator—

(a) at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and

(b) each party to the application is responsible for the party’s own costs of the application; and

(c) an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.

(5) Except as provided in this section and section 406—

(a) an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404; and

(b) QCAT, a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404, including any application about whether the body corporate acted reasonably under section 94(2).

(1) In deciding an application under section 405, the specialist adjudicator or QCAT must have regard to the following—

(a) the decided entitlements for the scheme;

(b) what modification, if any, to the decided entitlements for the scheme is required under subdivision 5.

(2) Subsection (3) applies if, on an application under section 405, the specialist adjudicator or QCAT—

(a) decides that the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5; and

(b) orders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.

(3) Within 90 days after the specialist adjudicator or QCAT makes an order mentioned in subsection (2), the body corporate must lodge a request to record a new community management statement incorporating the adjustment.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(4) Subsection (5) applies if—

(a) on an application under section 405, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 403 or 404 reflect the decided entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and

(b) when the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 403(4) or 404(5) for a new community management statement incorporating the changed entitlements.

(5) Within 90 days after the specialist adjudicator or QCAT makes the order, the body corporate must lodge a request for a new community management statement incorporating the changed entitlements.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

Subdivision 3 Last adjustment order entitlements

This subdivision applies to an existing scheme if, before the commencement of this section, the body corporate for the scheme lodged a request under part 9, division 4 to record a new community management statement for the scheme incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme to reflect the pre-adjustment order entitlements for the scheme, with or without changes under sections 381 to 384.

(1) This section applies if—

(a) either before or after the commencement of this section, an appeal, application or other proceeding that is not an incomplete adjustment matter has been started under part 9, division 4; and

(b) after the commencement—

(i) the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or

(ii) an owner of a lot included in the scheme makes an application under section 412.

(2) On the making of the decision or application mentioned in subsection (1)(b)(i) or (ii), the appeal, application or other proceeding under part 9, division 4 ceases to have effect.

(3) Without limiting subsection (2)—

(a) no further action may be taken in relation to the appeal, application or other proceeding; and

(b) the appeal, application or other proceeding is taken never to have been started.

(1) This section applies to a community titles scheme—

(a) to which this subdivision applies; and

(b) that is not a specified two-lot scheme.

(2) An owner of a lot included in a scheme may submit a request to the committee (the committee) for the body corporate proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements for the scheme.

(3) Within 60 days after receiving the request, the committee must—

(a) identify the last adjustment order entitlements for the scheme; and

(b) give written, dated notice to each owner of a lot included in the scheme—

(i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; and

(ii) accompanied by written evidence of the last adjustment order entitlements for the scheme; and

(iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and

(iv) inviting the owner to make written submissions, within 28 days (the submission period) after the date of the notice, as to what modification, if any, is required to be made to the last adjustment order entitlements under subdivision 5.

(1) This section applies if a committee for a body corporate receives a request under section 409.

(2) Within 90 days after the submission period ends, the committee must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the last adjustment order entitlements for the scheme.

(3) Within 7 days after making its decision, the committee must give the owner of each lot included in the scheme written notice of the committee’s decision.

(4) Within 30 days after the committee makes the decision, the body corporate must lodge a request to record a new community management statement for the scheme incorporating the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5 (the changed entitlements).

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(5) However, subsection (4) does not apply if, before the end of the 30 day period—

(a) an owner of a lot included in the scheme makes an application under section 412; and

(b) the specialist adjudicator or QCAT makes an order under section 413.

(1) This section applies to a community titles scheme—

(a) to which this subdivision applies; and

(b) that is a specified two-lot scheme.

(2) The owner of a lot included in the scheme may give written, dated notice (the notice) to the owner (the other owner) of the other lot included in the scheme, proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.

(3) The notice must—

(a) identify the last adjustment order entitlements for the scheme; and

(b) be accompanied by written evidence of the last adjustment order entitlements for the scheme; and

(c) state the modification, if any, required to be made under subdivision 5 to the last adjustment order entitlements; and

(d) invite the other owner to identify, in writing within 28 days (the submission period) after the date of the notice, what modification, if any, is required to be made to the proposed entitlements under subdivision 5.

(4) Within 90 days after the submission period ends, the body corporate must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the last adjustment order entitlements for the scheme.

(5) Within 30 days after making its decision under subsection (4), the body corporate must lodge a request to record a new community management statement for the scheme incorporating the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5 (the changed entitlements).

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(6) However, subsection (5) does not apply if, before the end of the 30 day period—

(a) an owner of a lot included in the scheme makes an application under section 412; and

(b) the specialist adjudicator or QCAT makes an order under section 413.

(1) This section applies if—

(a) the committee for a body corporate or the body corporate makes a decision under section 410 or 411; and

(b) an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.

(2) Within 60 days after the committee or the body corporate makes the decision under section 410 or 411, the owner may apply—

(a) under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule for the lots included in the scheme, to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or

(b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.

(3) Despite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme.

Note—

The body corporate must be given notice of the application under—

(a) for an application to a specialist adjudicator under chapter 6—section 243; or

(b) for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37.

(4) However, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator—

(a) at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and

(b) each party to the application is responsible for the party’s own costs of the application; and

(c) an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.

(5) Except as provided in this section and section 413—

(a) an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411; and

(b) QCAT, or a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411, including any application about whether the body corporate acted reasonably under section 94(2).

(1) In deciding an application under section 412, the specialist adjudicator or QCAT must have regard to the following—

(a) the last adjustment order entitlements for the scheme;

(b) what modification, if any, to the last adjustment order entitlements for the scheme is required under subdivision 5.

(2) Subsection (3) applies if, on an application under section 412, the specialist adjudicator or QCAT—

(a) decides that the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and

(b) orders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.

(3) Within 90 days after the specialist adjudicator or QCAT makes an order mentioned in subsection (2), the body corporate must lodge a request to record a new community management statement incorporating the adjustment.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(4) Subsection (5) applies if—

(a) on an application under section 412, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 410 or 411 reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5; and

(b) when the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 410(4) or 411(5) for a new community management statement incorporating the changed entitlements.

(5) Within 90 days after the specialist adjudicator or QCAT makes the order, the body corporate must lodge a request for a new community management statement incorporating the changed entitlements.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

Subdivision 4 Body corporate responsible for particular matters under division 3

(1) This section applies if, under this division, a body corporate is required to lodge a request to record a new community management statement (the new statement) incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.

(2) If the difference between the new statement and the existing community management statement for the scheme is limited to changes made or ordered under this division—

(a) section 54(2) does not apply to the new statement; and

(b) despite section 60(1), the new statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme; and

(c) the body corporate must, within 14 days after the new statement is recorded, give a copy of the new statement to each relevant planning body for the scheme.

(3) If the body corporate does not lodge a request as required under this division, an owner of a lot included in the scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period.

Note—

The QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act—

• section 132 (which provides for enforcing non-monetary decisions of QCAT in a court)

• section 213 (which creates an offence for contravening a decision of QCAT)

• section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).

Except as provided under section 405(4)(b) or 412(4)(b), the body corporate for a scheme is responsible for the costs associated with dealing with a request under section 403, 404, 410 or 411, including the costs of preparing and recording a new community management statement.

Subdivision 5 Modification of decided entitlements or last adjustment order entitlements

(1) This section applies if a lot (the pre-subdivision lot) included in a scheme was subdivided into 2 or more lots (the subdivided lots) after the last adjustment order or the relevant decision was made for the scheme.

(2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 3, the changed entitlements must apportion the pre-subdivision lot entitlement between the subdivided lots on the basis of the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.

(3) In this section—

pre-subdivision lot entitlement means the proportion of the decided entitlements or the last adjustment order entitlements that applied to a pre-subdivision lot immediately before it was subdivided.

(1) This section applies if 2 or more lots (the pre-amalgamated lots) included in a scheme were amalgamated into 1 lot (the amalgamated lot) after the last adjustment order or the relevant decision was made for the scheme.

(2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must provide for the lot entitlement for the amalgamated lot to be the total of the pre-amalgamated lot entitlements.

(3) In this section—

pre-amalgamated lot entitlement means the proportion of the decided entitlements or the last adjustment order entitlements that applied to a pre-amalgamated lot before it was amalgamated.

(1) This section applies if—

(a) a boundary for a lot included in a scheme was changed (the boundary change) after the last adjustment order or the relevant decision was made for the scheme; and

(b) a constructing authority has given advice in relation to the boundary change under section 51(1) or 51A(1).

(2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must, subject to subsection (3), take account of the boundary change.

(3) The changed entitlements must be consistent with the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.

(1) This section applies if—

(a) there has been a material change for a scheme; and

(b) the material change occurred after the last adjustment order or the relevant decision was made for the scheme.

(2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must, subject to subsection (3), take account of the material change.

(3) The changed entitlements must be consistent with the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.

Division 4 Cancellation or termination of particular contracts

(1) This section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 206.

(2) Former section 206 continues to apply to the contract.

(1) This section applies if, immediately before the commencement, a buyer may have cancelled a contract under former section 206B.

(2) Former section 206B continues to apply to the contract.

(1) This section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 209 on either of the following grounds—

(a) former section 209(1)(b)(i) applied to the contract because information contained in the disclosure statement was inaccurate in relation to a matter mentioned in former section 206(2)(b)(ii), (iii) or (iv);

(b) former section 209(1)(b)(ii) applied to the contract.

(2) Former section 209, including its application of former section 206, continues to apply to the contract.

(1) This section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 213.

(2) Former section 213 continues to apply to the contract.

(1) This section applies if, immediately before the commencement—

(a) section 214(1)(a) or (b) applied to a contract because the information contained in the disclosure statement was, as at the day the contract was entered into or immediately before the commencement, inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and

(b) the buyer may have terminated the contract under section 214 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.

(2) Despite the amendment of former section 213 by the amending Act, the buyer may terminate the contract under section 214.

(3) To remove any doubt, it is declared that a disclosure statement given under former section 213(1) is not inaccurate under section 214(1)(b) only because it contains information in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv).

(1) This section applies if, immediately before the commencement—

(a) section 217(b)(viii) applied to a contract because information contained in the disclosure statement, as rectified by any further statement, was inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and

(b) the buyer may have terminated the contract under section 217 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.

(2) Despite the amendment of former section 213 by the amending Act, the buyer may terminate the contract under section 217.

Division 5 [Repealed]

426 [Repealed]

Part 11 Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

Division 1 Preliminary

In this part—

commencement means the commencement of this section.

former, in relation to a provision, means the provision as in force before the commencement.

new, in relation to a provision, means the provision as in force at the commencement.

relevant documents, for a formal acquisition affecting a community titles scheme, means—

(a) a copy of the new plan of subdivision for the scheme proposed to be lodged as required under the Acquisition of Land Act 1967, section 12A; and

(b) a copy of the proposed new community management statement for the scheme prepared by the constructing authority to reflect the acquisition.

In this part—

(a) a reference to former section 51 or new section 51, or a provision of former section 51 or new section 51, applies to a community titles scheme other than a specified two-lot scheme; and

(b) a reference to former section 51A or new section 51A, or a provision of former section 51A or new section 51A, applies to a a specified two-lot scheme.

Division 2 Formal acquisitions happening before commencement if advice given under former section 51 or 51A

This division applies if—

(a) a formal acquisition affecting a community titles scheme happened before the commencement; and

(b) before the commencement, the constructing authority for the acquisition gave the body corporate for the scheme advice about the acquisition as mentioned in former section 51(1) or 51A(1); and

(c) at the commencement, a request to record a new community management statement for the scheme reflecting the acquisition has not been lodged.

(1) This section applies if, at the commencement, the body corporate has consented to the recording of a new community management statement to reflect the formal acquisition.

(2) The body corporate must endorse its consent on the new community management statement (if it has not already done so) and give the endorsed new statement to the constructing authority.

(3) If the body corporate gives an endorsed new community management statement to the constructing authority under subsection (2), the constructing authority may lodge a request to record the endorsed new statement.

(4) If the body corporate has not given an endorsed new community management statement to the constructing authority within 5 business days after the commencement, the constructing authority may lodge a request to record a new community management statement that is the same as the proposed new community management statement the constructing authority gave to the body corporate for endorsing its consent.

Note—

See, however, section 64.

(5) Before lodging a request to record a new community management statement under subsection (4), the constructing authority must sign and date the new statement.

(6) The registrar may record a new community management statement mentioned in subsection (4) despite section 54(2) and the Land Title Act, section 115K(1)(d).

(7) The constructing authority is responsible for the costs of recording the endorsed new statement.

(1) This section applies if, at the commencement—

(a) the body corporate has, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2) (whether or not it has given notice of its decision to the constructing authority under former section 51(5) or 51A(5)); and

(b) the body corporate has not consented to the recording of a new community management statement to reflect the acquisition.

(2) If it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate.

(3) New section 51(5) to (11) or 51A(4) to (10) apply in relation to the formal acquisition as if—

(a) the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and

(b) the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period.

(4) For subsection (3), the prescribed consent period is—

(a) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or

(b) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or

(c) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.

(1) This section applies if, at the commencement, the body corporate has not, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2).

(2) If it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate.

(3) New section 51(2) to (11) or 51A(2) to (10) apply in relation to the formal acquisition as if—

(a) the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and

(b) the reference to the 3 month period in new section 51(2) or 51A(2) were a reference to the prescribed decision period; and

(c) the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period.

Example of the operation of paragraphs (b) and (c)—

Four months before the commencement, the constructing authority gives the body corporate—

(a) advice about the acquisition as mentioned in former section 51(1) or 51A(1); and

(b) the relevant documents for the acquisition.

Under subsection (4), the prescribed consent period for applying new section 51(5) and (7) or 51A(4) and (6) is the period ending at the commencement (see subsection (4)(b)(i)), and the prescribed decision period for applying new section 51(2) or 51A(2) is the period ending 30 days before the commencement.

(4) For subsection (3)—

(a) the prescribed decision period is the period ending 30 days before the relevant prescribed consent period ends, which may be a period ending on or before the commencement; and

(b) the prescribed consent period is—

(i) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or

(ii) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or

(iii) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.

(1) This section applies for section 432 if the body corporate has not obtained the lot entitlement adjustment advice under former section 51(2) or 51A(2).

(2) The body corporate may, by written notice, ask the constructing authority to obtain the lot entitlement adjustment advice and give it to the body corporate.

(3) The constructing authority must obtain the lot entitlement adjustment advice and give it to the body corporate as soon as practicable.

(4) This section applies even if the constructing authority lodges a request to record a new community management statement without the body corporate’s consent, under new section 51(7) or 51A(6) as applied under section 432.

(5) In subsections (2) and (3)—

lot entitlement adjustment advice means the lot entitlement adjustment advice mentioned in new section 51(1)(b)(ii) or 51A(1)(b)(ii).

(1) Section 63 does not apply to the preparation of a new community management statement under this division.

(2) Section 65 does not apply to the recording of a new community management statement under this division.

Division 3 Formal acquisitions happening before commencement if advice not given under former section 51 or 51A

(1) This section applies if—

(a) a formal acquisition affecting a community titles scheme happened before the commencement; and

(b) at the commencement, the constructing authority for the acquisition has not given the body corporate for the scheme the advice mentioned in former section 51(1) or 51A(1) in relation to the acquisition.

(2) New section 51 or 51A applies in relation to the formal acquisition.

Part 12 Transitional provision for Property Occupations Act 2014

(1) Subsection (2) applies to a contract, for the sale of a lot included in a community titles scheme, entered into before the commencement that has not settled.

(2) Former sections 205A, 206A and 207 continue to apply to the contract as if the amending Act had not been enacted.

(3) Subsection (4) applies to a contract, for the sale of a proposed lot, entered into before the commencement that has not settled.

(4) Former sections 213A and 215 continue to apply to the contract as if the amending Act had not been enacted.

(5) In this section—

amending Act means the Property Occupations Act 2014.

commencement means the commencement of this section.

former, in relation to a provision mentioned in this section, means as in force immediately before the commencement.

proposed lot see section 213(1).

Part 13 Transitional provisions for Land Sales and Other Legislation Amendment Act 2014

In this part—

amendment Act means the Land Sales and Other Legislation Amendment Act 2014.

commencement means the commencement of this part.

new, in relation to a provision, means the provision as in force immediately after the commencement.

old, in relation to a provision, means the provision as in force at any relevant time before the commencement.

proposed lot means a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.

Section 212B applies only in relation to a contract granting an option to purchase a proposed lot entered into after the commencement.

New section 213(2)(a) applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.

(1) Old section 214 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.

(2) New section 214 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.

(1) Section 217B applies only in relation to a contract for the sale of a proposed lot entered into by a buyer after the commencement.

(2) However, section 217B as modified under subsection (3) applies in relation to the contract for the sale of the proposed lot if—

(a) the proposed lot is a proposed lot mentioned in the Land Sales Regulation 2000, schedule 2 as in force immediately before the repeal of that regulation; and

Note—

Under old LSA, section 28, a period could be prescribed by regulation for giving a registrable instrument for a proposed lot.

(b) the contract does not provide the date by which it must be settled.

(3) Section 217B is modified by omitting subsection (1)(b) and inserting the following—

‘(b) if the contract does not provide the date by which it must be settled—the end of the period prescribed in the repealed Land Sales Regulation 2000, schedule 2, worked out from the day the contract was entered into.’

(4) In this section—

old LSA, section 28 means section 28 of the Land Sales Act 1984 as in force immediately before the commencement.

(1) Old section 218 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.

(2) New section 218 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.

Chapter 5, part 2, division 5, subdivision 2 applies only in relation to amounts paid under a contract for the sale of a proposed lot entered into after the commencement.

(1) Old LSA, part 3 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.

(2) However, if, at any time before the settlement of a contract to which the part applies, the parties to the contract agree to settle the sale using e-conveyancing, the part is to be read with the following changes—

(a) old LSA, section 22(4)(a)—

omit, insert —

‘(a) the vendor or the vendor’s agent can not require the purchaser to settle; and’;

(b) old LSA, section 23(1), ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’—

omit, insert —

‘(but excluding an amount payable at settlement)’;

(c) old LSA, section 23(4)—

omit;

(d) old LSA, section 25(2)(a)—

omit, insert —

‘(a) before settlement of the sale of the proposed lot; or’;

(e) old LSA, section 25(2)(b)(ii)—

omit, insert —

‘(ii) before settlement of the sale of the proposed lot;’;

(f) old LSA, section 27, heading—

omit, insert—

‘27 Purchaser’s rights if purchase not settled within a certain period’;

(g) old LSA, section 27(1)(b), ‘the vendor has not given the purchaser a registrable instrument of transfer for the lot’—

omit, insert —

‘the sale of the proposed lot has not been settled’;

(h) old LSA, section 27(2), ‘before the vendor gives the purchaser the registrable instrument of transfer for the proposed lot’—

omit, insert —

‘before the sale of the proposed lot has been settled’;

(i) old LSA, section 28, heading, ‘for giving of registrable instrument’—

omit.

(3) In this section—

e-conveyancing see the Property Law Act 1974, section 58A.

old LSA, followed by a provision number, means the provision with that number in the Land Sales Act 1984 as in force at any relevant time before the commencement.

Part 14 Savings provisions for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

(1) This section applies for the expiry of chapter 7, part 3.

Note—

Chapter 7, part 3 expires on the COVID-19 legislation expiry day. See section 323I, which also expires on the COVID-19 legislation expiry day.

(2) Chapter 7, part 3 is declared to be a law to which the Acts Interpretation Act 1954, section 20A applies.

(1) This section applies to a body corporate after the expiry day if, but for expired section 323G, the body corporate would have been required under a regulation module to commence proceedings to recover an amount during the relevant period.

(2) The body corporate must start proceedings to recover the amount within 2 months after the expiry day.

(3) In this section—

expired section 323G means section 323G as in force before the expiry day.

expiry day means the COVID-19 legislation expiry day.

relevant period see section 323C as in force before the expiry day.

Part 15 Transitional provision for Property Law Act 2023

(1) This section applies to the sale of a lot under a contract entered into before the commencement.

(2) Chapter 5, as in force immediately before the commencement, continues to apply in relation to the sale despite the amendment of chapter 5 by the Property Law Act 2023.

Part 16 Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2023

In this part—

former, for a provision of this Act, means the provision as in force before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

(1) This section applies to a by-law for a community titles scheme that—

(a) is in force immediately before the commencement; and

(b) prohibits or restricts the use of a smoking product by an occupier of a lot included in the scheme or the occupier’s invitee.

(2) The by-law is enforceable to the extent the by-law is consistent with new section 169A.

(1) This section applies to a by-law for a community titles scheme about the keeping or bringing of an animal on a lot or the common property that is in force immediately before the commencement.

(2) The by-law is enforceable to the extent the by-law is consistent with new section 169B.

(3) If, before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about whether a by-law about keeping or bringing an animal on a lot or the common property is valid and enforceable and the dispute is not resolved, the dispute must be resolved under the Act as in force from the commencement.

(4) If, before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about a decision about keeping or bringing an animal on a lot or common property and the dispute is not resolved, the dispute must be resolved under the Act as in force immediately before the commencement.

(1) New schedule 2, section 2(2) does not apply to a person’s conduct as a caretaking service contractor before the commencement.

(2) New schedule 2, section 3 does not apply to a person’s conduct as a body corporate manager or caretaking service contractor before the commencement.

(1) This section applies if—

(a) before the commencement, a body corporate for a community titles scheme applied to the commissioner, under the regulation module applying to the scheme, for authorisation to put in place alternative insurance in a form approved by the commissioner; and

(b) immediately before the commencement, the commissioner had not decided the application.

(2) The commissioner must consider and decide the application as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.

(1) This section applies if—

(a) before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about a by-law made by a body corporate for a community titles scheme in a layered arrangement of community titles schemes; and

(b) the dispute is between the person and—

(i) the body corporate of another community titles scheme in the layered arrangement; or

(ii) the owner or occupier of a lot in another community titles scheme in the layered arrangement; and

(c) immediately before the commencement, the dispute is not resolved.

(2) The dispute must be resolved under the Act as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.

(1) This section applies if a notice, legal process or other document was served on a body corporate for a community titles scheme before the commencement.

(2) If the notice, legal process or other document was served under former section 315, the notice, legal process or other document is taken to have been served under this Act.

(1) This section applies if—

(a) under former section 78(1)—

(i) a body corporate for a community titles scheme decided to terminate the scheme; and

(ii) an agreement had been entered into under former section 78(1)(b); and

(iii) immediately before the commencement—the scheme is not terminated; or

(b) a person had applied to the District Court under former section 78(4) for an order to terminate the scheme and immediately before the commencement the scheme is not terminated.

(2) The community titles scheme may be terminated under former chapter 2, part 9 as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.

New section 227 does not apply to the giving of documents or material by an original owner to a body corporate for a community titles scheme if the first annual general meeting of the body corporate is held before the commencement.

Part 17 Transitional provisions for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024

In this part—

new, for a provision of this Act, means the provision as in force from the commencement.

(1) This section applies if—

(a) before the commencement—

(i) the body corporate for a community titles scheme has passed a termination plan resolution; and

(ii) the body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and

(b) immediately before the commencement, the body corporate has not passed a termination resolution.

(2) A facilitator appointed to implement the termination plan must, at least 2 months before the day of settlement for the contract of the sale of the scheme, give written notice to each lessee of a lot included in the scheme or other scheme land stating—

(a) the day of settlement; and

(b) if the lease is a lease mentioned in new section 81V(1)(b)—that the lessee’s lease will terminate on the settlement day under that section as it applies under subsection (4); and

(c) the day on which the owner of the lot is to provide vacant possession of the lot.

(3) Subsection (4) applies in relation to a lease of a lot or other scheme land if—

(a) the lease is in effect immediately before the day of settlement of the contract for the sale of the scheme; and

(b) the lease is any of the following—

(i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008;

(ii) a lease under the Retail Shop Leases Act 1994.

(4) New section 81V(2) applies in relation to the lease as if the notice given to the lessee under subsection (2) were a notice mentioned in new section 81V(1)(a).

(1) This section applies if—

(a) before the commencement, a person applied under section 81N for a court order in relation to a termination plan; and

(b) immediately before the commencement, the court had not decided the application.

(2) New section 81R applies in relation to the matters the court must consider in deciding whether to make the order.