Australian Capital Territory Current Acts

UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 121

    (1)     If an owners corporation for a units plan fails to comply with a request under this part for information, a unit title certificate or access to the corporation's records, each executive member of the corporation at the time of the failure commits an offence.

Maximum penalty: 50 penalty units.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

        (a)     the person making the request, when asked by someone acting for the owners corporation, did not give the corporation reasonable grounds to believe that the person was an eligible person; or

        (b)     the defendant took reasonable steps to ensure that the request was complied with; or

        (c)     the failure to comply with the request happened without the defendant's knowledge.

    (3)     In this section:

"unit title certificate"—see section 120 (2).