Australian Capital Territory Current Acts Australian Capital Territory Current Acts(see s 3)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• ACAT
• function
• land titles register
• reviewable decision notice
• Supreme Court
• territory planning authority
• the Territory.
"administrative fund "means a fund established by a body corporate to meet recurrent and capital expenditure of the body corporate.
"basic scheme," for part 12 (Termination of community title schemes)—see section 87.
"body corporate "means a body corporate created under this Act for a community title scheme.
"body corporate assets", for a community title scheme, means items of real or personal property acquired by the body corporate, other than property that is incorporated into and becomes part of the common property.
"common property", of a community title scheme—see section 18.
"community title certificate"—see section 56.
"community title scheme" means a scheme created on the registration of a plan under part 3 (Establishment of community title schemes).
"Crown lease"—see the Land Titles Act 1925
, dictionary.
"Crown lessee", in relation to a declared land sublease, means the lessee under the Crown lease under which the sublease is granted.
"declared land sublease"—see the Planning Act 2023
, section 365 (1).
"developer", of a community title scheme, means the person by or on whose behalf the scheme is, or is proposed to be, lodged for registration.
"eligible person", for a lot in relation to which a community title certificate, or access to books, records or documents, is required, means—
(a) the owner, or someone else with an interest in the lot, or in an easement over the lot; or
(b) for a lot that is owned, or partly owned, by a company—a representative of the company; or
(c) anyone authorised in writing by a person mentioned in paragraph (a) or (b); or
(d) if access to the information or the books, records or documents is necessary for the administration of this Act—the director-general.
"exclusive use by-law" means a by-law giving the owner of a lot exclusive rights to the use and enjoyment of, or other special rights over, the common property of a community title scheme or part of the common property.
"land sublease"—see the Planning Act 2023
, dictionary.
"lot"—
(a) means a parcel of land registered under the Land Titles Act 1925
; but
(b) does not include a land sublease other than a declared land sublease.
"lot entitlement schedule"—see section 7 (h) (Form and content of management statements).
"manager", of a community title scheme, means a person appointed by the body corporate of the scheme under section 44.
"mortgage" includes a charge on a lot, or an interest in a lot, for securing money or money's worth.
"mortgagee in possession", of a lot in a community title scheme, means a mortgagee who has taken steps to enforce a mortgage of the lot and has told the body corporate of the mortgagee's intention to enforce the mortgage (whether or not the mortgagee has actually gone into possession of the lot), but does not include a mortgagee who has told the body corporate of a decision not to continue with the enforcement of the mortgage.
"occupier", of a lot included in a community title scheme, means—
(a) a resident owner or resident sublessee of the lot, or someone else who lives on the lot; or
(b) a person who occupies the lot for business purposes or works on the lot in carrying on a business from the lot.
"ordinary resolution", of a body corporate, means a resolution passed at a properly called meeting of the members of the body corporate by a majority of the votes of members present and voting at the meeting.
"owner", of a lot in a community title scheme, means the person who is (or is entitled to be) the registered owner of the lot, and, if 2 or more people are the registered owners (or are entitled to be the registered owners) of the lot, includes each of them.
"plan" means a community title master plan.
"prospective owner", of a lot in a community title scheme, means a person who has entered into a contract to buy an existing or future lot in the scheme.
"reviewable decision", for division 13.1 (Notification and review of decisions)—see section 93.
"road"—see the Road Transport (General) Act 1999
, dictionary.
"schedule lot entitlement", for a lot in a community title scheme, means the number allocated to the lot in the lot entitlement schedule for the scheme.
"scheme"—
(a) for this Act generally—means a community title scheme; and
(b) for division 12.2—see section 88.
"scheme A", for division 11.2 (Amalgamation process)—see section 80.
"scheme B", for division 11.2 (Amalgamation process)—see section 80.
"scheme C", for division 11.2 (Amalgamation process)—see section 80.
"scheme land", of a community title scheme, means the land the subject of the scheme.
"statutory easement" means an easement under part 10.
"subsidiary scheme", for part 11 (Amalgamation of community title schemes)—see section 77.
"termination issues", for part 12 (Termination of community title schemes)—see section 87.
"unanimous resolution", of a body corporate, means a resolution passed at a properly called meeting of the members of the body corporate against which no member of the body corporate casts a dissenting vote.
"units plan"—see the Unit Titles Act 2001
, dictionary.
"utility infrastructure" means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots are supplied with utility services.
"utility service" means—
(a) water reticulation or supply; or
(b) gas reticulation or supply; or
(c) electricity supply; or
(d) air conditioning; or
(e) telephone service; or
(f) a computer or television service; or
(g) a sewer system; or
(h) drainage; or
(i) a system for the removal of garbage or waste; or
(j) another system or service designed to improve the amenity, or increase the enjoyment, of privately owned lots or common property.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
Community Title Act 2001 A2001-58
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 ((IA s 10B))
remainder commenced 10 March 2002 (s 2 and LA s 79)
as amended by
Statute Law Amendment Act 2002
A2002-30 pt 3.7
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.7 commenced 17 September 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002
A2002-56 sch 3 pt 3.3
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 3 pt 3.3 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002
A2002-55, s 2)
A2004-57 sch 1 pt 1.3
notified LR 9 September
2004
s 1, s 2 commenced 9 September 2004 (LA s 75
(1))
sch 1 pt 1.3 commenced 9 March 2005 (s 2 and
LA s 79)
Criminal Code Harmonisation Act 2005
A2005-54 sch 1 pt 1.14
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.14 commenced 24 November 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2007
A2007-22 sch 1 pt 1.4
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))
sch 1 pt 1.4 commenced 6 September 2007 (s 2)
Planning and Development (Consequential Amendments) Act 2007
A2007-25 sch 1 pt 1.8
notified LR 13 September
2007
s 1, s 2 commenced 13 September 2007 (LA s 75
(1))
sch 1 pt 1.8 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007
A2007-24, s 2 and CN2008-1
)
Statute Law Amendment Act 2007 (No 3)
A2007-39 sch 3 pt 3.7
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.7 commenced 27 December 2007 (s 2)
Statute Law Amendment Act 2008
A2008-28 sch 3 pt 3.15
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.15 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2)
A2008-37 sch 1 pt 1.23
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.23 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008
A2008-35, s 2 (1) and CN2009-2
)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011
A2011-22 sch 1 pt 1.32
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.32 commenced 1 July 2011 (s 2 (1))
Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015
A2015-19 pt 5
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))
pt 5 commenced 1 July 2015 (s 2 and CN2015-9
)
Red Tape Reduction Legislation Amendment Act 2016
A2016-18 sch 3 pt 3.14
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.14 commenced 27 April 2016 (s 2)
Unit Titles Legislation Amendment Act 2020
A2020-4 pt 4
notified LR 27 February 2020
s 1, s 2 commenced 27 February 2020 (LA s 75 (1))
pt 4 commenced 1 November 2020 (s 2 (1) and CN2020-11
)
Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020
A2020-16 sch 1 pt 1.6
notified LR 13 May 2020
s 1, s 2 commenced 13 May 2020 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 June 2020 (s 2 and see Electronic Conveyancing National Law (ACT) Act 2020
A2020-15 s 2)
Planning (Consequential Amendments) Act 2023
A2023-36 sch 1 pt 1.15
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.15 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023
A2023-18, s 2 (2) and CN2023-10
Commencement
s
2 om LA s 89 (4)
Offences against Act—application of
Criminal Code etc
s 4A ins A2005-54
amdt 1.84
Community title scheme
proposal—application for
approval
s 8 am A2002-56
amdt 3.27; A2008-28
amdt 3.57; A2015-19
s 12; A2023-36
amdt 1.94
Power of authority to require changes to
scheme proposal
s 9 hdg sub A2020-4
amdt 3.27; A2023-36
amdt 1.94
Community title scheme
proposal—approval
s 10 am A2002-56
amdt 3.27; A2004-57
amdt 1.4; A2007-25
amdt 1.33; A2020-4
s 32; ss renum R15 LA; A2023-36
amdt 1.88, amdt 1.94
Community title scheme
proposal—amendment of management
statement
s 11 am A2002-56
amdt 3.27, amdt 3.28; A2023-36
amdt 1.94
Notice of approval of community title scheme
proposal
s 12 am A2002-56
amdt 3.27, amdt 3.28; A2023-36
amdt 1.94
Security for staged developments and
unfinished works
s 13 am A2002-30
amdt 3.51; A2002-56
amdt 3.20, amdt 3.27; A2023-36
amdt 1.94
Endorsement of community title plan for
registration
s 14 am A2002-56
amdt 3.27, amdt 3.28; A2023-36
amdt 1.94
Expiry of
endorsement
s 15 am A2002-56
amdt 3.27; A2023-36
amdt 1.94
Request to register community title
scheme
s 16 am A2002-56
amdt 3.27; A2023-36
amdt 1.94
Registration of community title
scheme
s 17 am A2020-16
amdt 1.18
Common
property
s 18 am A2007-39
amdt 3.14
Progressive
development
s 21 am A2002-56
amdt 3.21; A2007-25
amdt 1.34; A2023-36
amdt 1.89, amdt 1.94
Application for authorisation to amend
scheme
s 22 am A2002-56
amdt 3.27; A2023-36
amdt 1.94
Authorisation of
amendment
s 23 hdg sub A2002-56
amdt
3.22
s 23 am A2002-56
amdt 3.27; A2023-36
amdt 1.94
Expiry of
authorisation
s 24 am A2002-56
amdt 3.23, amdt 3.27; A2023-36
amdt 1.94
Request to register
amendment
s 25 am A2002-56
amdt 3.24; A2020-16
amdt 1.19
Registration of
amendment
s 26 am A2020-16
amdt 1.20
Amendment by the Supreme
Court
s 27 am A2002-30
amdt 3.52; A2015-19
s 13; pars renum R12 LA
Injunction
s
28 am A2002-30
amdt 3.53; A2002-56
amdt 3.25; A2015-19
s 14; pars renum R12 LA; A2023-36
amdt 1.90
Functions of bodies
corporate
div 8.2 hdg sub A2002-30
amdt 3.54
Functions of body
corporate
s 35 hdg sub A2002-30
amdt
3.55
s 35 am A2002-30
amdt 3.56
Appointment of
manager
s 44 am A2002-30
amdt 3.57
Legal effect of
by-laws
s 52 am A2007-22
amdt 1.21
Breach of
by-laws—remedy
s 53 am A2002-30
amdt 3.58
Community title certificate and access to
body corporate records
s 56 am A2007-39
amdt 3.15, amdt 3.16
Failure to give certificate or
access—offence
s 58 sub A2005-54
amdt 1.85
Appointment of
administrator
s 61 am A2002-30
amdt 3.59
Assignment of land under
scheme
s 64 am A2002-56
amdt 3.27, amdt 3.28; A2023-36
amdt 1.94
Registration of
dealing
s 65 am A2002-56
amdt 3.27; A2016-18
amdt 3.61, amdt 3.62; A2023-36
amdt 1.94
Approval for
amalgamations
s 81 am A2002-56
amdt 3.27; A2023-36
amdt 1.94
Termination of
schemes
s 89 am A2002-56
amdt 3.26; A2023-36
amdt 1.91
Recording termination of
scheme
s 91 am A2020-16
amdt 1.21, amdt 1.22
Notification and review of
decisions
div 13.1 hdg sub A2008-37
amdt 1.89
Meaning of reviewable
decision—div 13.1
s 93 am A2002-56
amdt
3.27
sub A2008-37
amdt 1.89
Reviewable decision
notices
s 94 am A2002-56
amdt 3.27, amdt
3.28
sub A2008-37
amdt
1.89
am A2023-36
amdt 1.94
Applications for
review
s 94A ins A2008-37
amdt 1.89
Notice of intention not to proceed to
enforce mortgage
s 95 sub A2005-54
amdt 1.86
Approved
forms
s 97 am A2002-30
amdt 3.60; A2002-56
amdt 3.27; A2023-36
amdt 1.94
Land Titles Act 1925, section 139 (1) (other
than the examples and note)
s 99 om LA
s 89 (3)
Land Titles Act 1925, section 140
(1)
s 100 om LA s 89
(3)
Land (Planning and Environment) Act 1991,
section 172B
s 101 om LA s 89
(3)
Land (Planning and Environment) Act 1991,
new section 172B
s 102 om LA s 89
(3)
Unit Titles Act 2001, new section 48 (3)
(d)
s 103 om LA s 89
(3)
Default
by-laws
sch 1 ss renum R5
LA
am A2007-39
amdt 3.17, amdt 3.18
Note for sch 1 sch 1 also ins A2008-37
amdt 1.90 and renum as sch 2
Reviewable
decisions
sch 2 (prev sch 1) ins A2008-37
amdt
1.90
renum as sch 2 R10
LA
Dictionary
dict am
A2002-30
amdt 3.61; A2007-39
amdt 3.19; A2008-37
amdt 1.91, amdt 1.92; A2020-16
amdt 1.23; A2023-36
amdt 1.92
def Crown
lease ins A2015-19
s
15
def Crown lessee ins A2015-19
s
15
def declared land
sublease ins A2015-19
s
15
sub A2023-36
amdt 1.93
def eligible person
am A2007-39
amdt 3.20, amdt 3.21; A2011-22
amdt
1.99
def Land Act om A2007-25
amdt
1.35
def land sublease ins
A2015-19
s
15
sub A2023-36
amdt 1.93
def lot sub
A2015-19
s 16
am
A2020-16
amdt
1.24
def reviewable
decision ins A2008-37
amdt
1.93
def scheme sub A2008-28
amdt 3.58
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
10 Mar
2002– |
not amended |
new Act |
|
R2 |
17 Sept
2002– |
A2002-30 |
amendments by A2002-30
R3
1 July
2003
1 July
2003–
8 Mar 2005
A2002-56
amendments by A2002-56
R4
9 Mar
2005
9 Mar
2005–
23 Nov 2005
A2004-57
amendments by A2004-57
R5
24 Nov
2005
24 Nov
2005–
5 Sept 2007
A2005-54
amendments by A2005-54
R6
6 Sept
2007
6 Sept
2007–
26 Dec 2007
A2007-22
amendments by A2007-22
R7
27 Dec
2007
27 Dec
2007–
30 Mar 2008
A2007-39
amendments by A2007-39
R8
31 Mar
2008
31 Mar
2008–
25 Aug 2008
A2007-39
amendments by A2007-25
R9
26 Aug
2008
26 Aug
2008–
1 Feb 2009
A2008-28
amendments by A2008-28
R10
2 Feb
2009
2 Feb
2009–
30 June 2011
A2008-37
amendments by A2008-37
R11
1
July 2011
1 July
2011–
30 June 2015
A2011-22
amendments by A2011-22
R12
1
July 2015
1 July
2015–
26 Apr 2016
A2015-19
amendments by A2015-19
R13
27
Apr 2016
27 Apr
2016–
31 May 2020
A2016-18
amendments by A2016-18
R14
1
June 2020
1 June
2020–
31 Oct 2020
A2020-16
amendments by A2020-16
R15
1 Nov
2020
1 Nov
2020–
26 Nov 2023
A2020-16
amendments by A2020-4
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Australian Capital Territory 2023