Page 446 - Week 02 - Tuesday, 18 February 2020
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54A Owners corporation—establishment
New section 8 (1A)
insert
(1A) To remove any doubt, an owners corporation continued in existence under this Act is established under this section.
Note 1 An owners corporation in existence under the Unit Titles Act 2001 immediately before the commencement of s 150 (expired) is continued in existence as an owners corporation under that section.
Note 2 Establish includes constitute and continue in existence (see Legislation Act, dict, pt 1, def establish).
2
Clause 104
Proposed new section 167 (1)
Page 78, line 10—
omit
section 22
substitute
this Act
3
Clause 104
Proposed new section 169
Page 79, line 11—
omit proposed new section 169, substitute
169 Rules
(1) This section applies to an owners corporation established before the commencement day.
(2) On the commencement day—
(a) the articles or rules of the owners corporation—
(i) are the default rules under the Unit Titles (Management) Regulation 2011, schedule 1; and
(ii) are taken to be rules for the owners corporation under this Act; and
(b) if immediately before the commencement day non-standard rules are in force for the owners corporation—the default rules mentioned in paragraph (a) (i) apply as amended by the non-standard rules.
(3) A non-standard rule mentioned in subsection (2) (b) that is inconsistent with this Act or another territory law has no effect to the extent of the inconsistency.
(4) A unit owner may only apply to the ACAT for a declaration under section 127 (1) in relation to a non-standard rule if, after the second annual general meeting of the owners corporation after the commencement day, the non-standard rule is still in force.
(5) This section applies even if the non-standard rule was not registered under the Land Titles (Unit Titles) Act 1970, section 27 before the commencement day.
(6) This section is subject to section 170.
(7) In this section:
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