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New South Wales
Strata Schemes Legislation Amendment Bill
2025
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50 3
Schedule 2 Amendment of Community Land Management Act 2021 No 7 25
Schedule 3 Amendment of other legislation 46
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2025
New South Wales
Strata Schemes Legislation Amendment Bill
2025
Act No , 2025
An Act to amend the Strata Schemes Management Act 2015 to implement various
recommendations arising from the statutory review of the Act; to make related amendments to the
Community Land Management Act 2021 and other legislation; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Strata Schemes Legislation Amendment Bill 2025 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Strata Schemes Legislation Amendment Act 2025.
2 Commencement
This Act commences as follows--
(a) for Schedules 1[12], [35] and [59]-[62] and 2[11], [32] and [53]-[56]--on the
date of assent to this Act,
(b) otherwise--on a day or days to be appointed by proclamation.
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Strata Schemes Legislation Amendment Bill 2025 [NSW]
Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50
Schedule 1 Amendment of Strata Schemes Management Act
2015 No 50
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
accessibility infrastructure means changes made--
(a) to part of the common property, including by installing, removing,
modifying or replacing anything on or forming part of the common
property, and
(b) to facilitate a person with a disability having access to--
(i) the common property, or
(ii) the lot in the strata scheme in which the person resides.
accessibility infrastructure resolution means a resolution to do one or more
of the following that is specified to be an accessibility infrastructure
resolution--
(a) to finance accessibility infrastructure,
(b) to add to the common property, alter the common property or erect a
new structure on the common property for the purpose of installing
accessibility infrastructure,
(c) to change the by-laws of the strata scheme for the purposes of the
installation or use, or both, of accessibility infrastructure.
disability has the same meaning as in the Disability Discrimination Act 1992
of the Commonwealth, section 4(1).
independent surveyor means a person who is not connected to the original
owner and who--
(a) is a member of the Australian Institute of Quantity Surveyors and holds
the designation Certified Quantity Surveyor, or
(b) is a member of the Royal Institution of Chartered Surveyors and a
Chartered Quantity Surveyor.
multi-storey scheme--
(a) means a strata scheme--
(i) that comprises at least 1 building with more than 2 storeys above
ground level, and
(ii) where the whole or a part of at least 1 lot in that building is
located above the whole or a part of another lot, and
(b) includes a scheme of a type prescribed by the regulations.
storey, of a building, includes the following--
(a) the ground level,
(b) a level of a split level.
[2] Section 5 Resolutions of owners corporations
Omit "resolution." from section 5(1)(b)(ii). Insert instead--
resolution, or
(iii) if the resolution is an accessibility infrastructure resolution--less
than 50% are against the resolution.
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Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50
[3] Section 14 First AGM must be held within 2 months after initial period
Omit section 14(1), penalty. Insert instead--
Maximum penalty--
(a) 100 penalty units, and
(b) for a continuing offence--a further 2 penalty units for each day the
offence continues.
[4] Section 15 Agenda for first AGM
Insert "(2)" before "The agenda".
[5] Section 15(1)
Insert before section 15(2), as amended by item [4]--
(1) The agenda for the first annual general meeting of an owners corporation must
be set by--
(a) for a leasehold strata scheme for which there is no original owner--the
lessor of the leasehold strata scheme, or
(b) otherwise--the original owner.
[6] Section 16 Documents and records to be provided to owners corporation at first
AGM
Omit section 16(1), penalty. Insert instead--
Maximum penalty--
(a) 100 penalty units, and
(b) for a continuing offence--a further 2 penalty units for each day the
offence continues.
[7] Section 16(1A)
Insert after section 16(1)--
(1A) An original owner of a multi-storey scheme who is required to convene a
meeting under this division must deliver evidence of the following matters
required under section 115(2A) to the owners corporation at least 14 days
before the first annual general meeting of the owners corporation--
(a) that the initial maintenance schedule has been prepared in accordance
with the prescribed form,
(b) that the estimates of contributions to the administrative fund and capital
works fund meet the expected expenditure for the year ahead, based on
the expenses provided by the original owner,
(c) that the person who reviewed and certified the initial maintenance
schedule is an independent surveyor,
(d) that the person who reviewed and certified the estimates of
contributions to the administrative fund and capital works fund is an
independent surveyor or a person of a prescribed class.
Maximum penalty--
(a) for an individual--100 penalty units, or
(b) otherwise--500 penalty units.
[8] Section 37
Omit the section. Insert instead--
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Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50
37 Duties of strata committee members
(1) Each member of a strata committee of an owners corporation has the following
duties--
(a) to exercise the member's functions--
(i) with honesty and fairness, and
(ii) with due care and diligence, and
(iii) for the benefit, as far as practicable, of the owners corporation,
(b) to comply with this Act and the regulations,
(c) to only use or disclose information obtained as a member, including
information about an owner of a lot--
(i) as required to carry out strata committee functions, or
(ii) as authorised or required by law,
(d) to not behave in a way that unreasonably affects a person's lawful use
or enjoyment of a lot in the strata scheme or the common property.
(2) Each member of a strata committee of an owners corporation must complete
the training prescribed by the regulations.
(3) A member of a strata committee of an owners corporation who fails to
complete the required training ceases to be a member of the strata committee.
(4) The regulations may provide for the issuing of notices to inform a member of
the strata committee of an owners corporation who has failed to complete the
required training that--
(a) the member is required to complete the training, and
(b) if the member does not complete the training within the period
prescribed by the regulations the member will cease to be a member of
the committee.
[9] Section 42 Functions of chairperson of owners corporation
Omit "of the owners corporation and the strata committee of the owners corporation" from
section 42(a).
[10] Section 42(b)-(f)
Omit section 42(b). Insert instead--
(b) to make determinations, in accordance with this Act, as to quorums and
procedural matters at meetings,
(c) to ensure the agenda is followed at meetings,
(d) to maintain order at meetings,
(e) to facilitate the fair, constructive and open discussion of matters at
meetings,
(f) to encourage discussion by meeting attendees.
[11] Section 42(2)
Insert at the end of the section--
(2) In this section--
meetings means meetings of the owners corporation and the strata committee
of the owners corporation.
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Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50
[12] Section 45 Vacation of office by officer
Omit "special" from section 45(1)(d).
[13] Section 49 Appointment of strata managing agents
Insert after section 49(3)--
(3A) The Secretary may approve--
(a) the form of agency agreements for the appointment of strata managing
agents, and
(b) the terms, conditions and other provisions that agency agreements for
the appointment of strata managing agents must or must not contain.
(3B) The Secretary may approve 1 or more standard form of agency agreements for
the appointment of strata managing agents.
[14] Section 55 Strata managing agent to record exercise of functions
Omit section 55(2). Insert instead--
(2) The strata managing agent must, every 6 months, give the owners corporation
a copy of the records kept for the preceding 6 months.
[15] Section 57 Breaches by strata managing agent
Insert after section 57(1)--
(1A) It is a defence to a prosecution under subsection (1) if the agent establishes
that--
(a) the breach of the duty was caused by the owners corporation, and
(b) the agent took all reasonable steps to prevent the breach of the duty.
[16] Section 62, heading
Insert "for strata managing agent failing to give information" after "Offences".
[17] Part 4, Division 4, heading
Omit the heading. Insert instead--
Division 4 Appointment and functions of building managers
[18] Section 66 Building managers
Omit section 66(2). Insert instead--
(2) However, a person is not a building manager if--
(a) the person exercises the functions of a building manager only--
(i) on a voluntary or casual basis, or
(ii) as a member of the strata committee, or
(b) the person, or a class of persons to which the person belongs, is
prescribed as not being a building manager.
[19] Section 67 Appointment of building managers
Insert after section 67(2)--
(3) The Secretary may approve--
(a) the form of building manager agreements, and
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(b) the terms, conditions and other provisions that building manager
agreements must or must not contain.
(4) The Secretary may approve 1 or more standard form of building manager
agreements.
[20] Section 70A
Insert after section 70--
70A Duties of building managers
(1) A building manager must not, without reasonable excuse--
(a) fail to act in the best interests of the owners corporation, or
(b) breach a duty prescribed by the regulations.
Maximum penalty--
(a) for an individual--100 penalty units, or
(b) otherwise--200 penalty units.
(2) A building manager is not required to act in the owners corporation's best
interests if it would be--
(a) contrary to this Act or the regulations, or
(b) otherwise unlawful.
(3) The regulations may prescribe additional duties of building managers.
[21] Section 72 Strata managing agent and building manager agreements may be
terminated or varied by Tribunal
Omit "unreasonable." from section 72(3)(f). Insert instead--
unreasonable,
(g) that the strata managing agent or building manager is carrying on a
business involving the supply of services to the owners corporation,
owners or occupiers of lots if carrying on the business is contrary to law.
[22] Section 79 Estimates to be prepared of contributions to administrative and capital
works funds
Insert after section 79(2)(e)--
(e1) to install, replace or repair infrastructure, fixtures and fittings that are
part of the common property for the purpose of the sustainable use of
the scheme, and
Examples-- electricity meters, solar panels and sustainable building materials
[23] Section 80 Owners corporation to prepare 10-year capital works fund plan
Insert after section 80(1)--
(1A) An owners corporation must consider the initial maintenance schedule
prepared by the original owner when preparing the first 10-year plan.
[24] Section 80(4)
Omit "is to include".
Insert instead "must be in the form prescribed by the regulations and include".
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[25] Section 83 Levying of contributions
Insert after section 83(1)--
(1A) The written notice must be accompanied by the information approved by the
Secretary.
[26] Section 85 Interest, discounts on contributions and payment plans
Omit section 85(5). Insert instead--
(5) An owners corporation and an owner may agree to enter into a payment plan
for the payment of overdue contributions.
(5AA) A payment plan is limited to a period of 12 months but a further plan may be
agreed to.
(5AB) An owners corporation must not, by resolution, refuse to enter into payment
plans for the payment of overdue contributions.
(5AC) Despite subsection (5AB) an owners corporation may refuse to enter into
payment plans for the payment of overdue contributions in particular cases.
[27] Section 85(5A) and (5B)
Insert after section 85(5)--
(5A) A request by an owner to enter into a payment plan (the request) may be
reasonably refused by the owners corporation.
(5B) The regulations may prescribe what constitutes a reasonable refusal in relation
to payment plans.
[28] Section 85(6)
Omit the subsection. Insert instead--
(6) The regulations may prescribe requirements for payment plans, including the
following--
(a) eligibility,
(b) the form of the request,
(c) evidence that must or must not be included in the request,
(d) how information supporting the request must be stored, secured, used,
disclosed or disposed of,
Example of information-- financial records relating to the owner
(e) maintaining the confidentiality of the owner's information given in
support of the request,
(f) the form of the payment plan or minimum requirements,
(g) requirements for the strata committee to report on payment plans to the
owners corporation,
(h) requirements for the strata committee or the owners corporation to give
written reasons to the owner if the owner's request is refused,
(i) the termination of a payment plan.
[29] Section 85(7)
Omit the subsection.
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[30] Section 85(9)
Insert after section 85(8)--
(9) The Tribunal may, on application by the owner, order that the owners
corporation agree to the owner's request if the Tribunal is satisfied that the
refusal by the owners corporation of the request was not reasonable.
[31] Section 86 Recovery of unpaid contributions and interest
Insert after section 86(2A)--
(2AA) An owners corporation may only take action to recover the reasonable
expenses of the owners corporation incurred in recovering unpaid
contributions and any interest payable on unpaid contributions--
(a) if the owners corporation has offered the owner the option of entering
into a payment plan for the payment of the unpaid contributions, and
(b) pursuant to an order of the Tribunal or a court under this section.
[32] Section 86 Recovery of unpaid contributions and interest
Omit "21 days" from section 86(4). Insert instead "30 days".
[33] Section 86(6)-(8)
Insert after section 86(5)--
(6) An owners corporation must not take action to recover an amount under this
section from an owner if--
(a) the amount is being dealt with under a payment plan, and
(b) the payment plan is being complied with by the owner.
(7) Payments by an owner in arrears must be applied in the following order--
(a) to contributions, in order of due date,
(b) to interest,
(c) to expenses of the owners corporation in recovering contributions
ordered to be paid under this section.
(8) Subsection (7) does not apply to the extent that--
(a) a court or the Tribunal has made an order specifying how payments
must be applied, or
(b) the owner in arrears specifies how payments must be applied.
[34] Section 103 Legal services to be approved by general meeting
Omit section 103(1). Insert instead--
(1) An owners corporation or a strata committee of an owners corporation must
not obtain legal services requiring payment unless a resolution passed at a
general meeting of the owners corporation approves the obtaining of the
services--
(a) with unlimited costs for the services, or
(b) up to a maximum amount of costs for the services.
[35] Section 103(3)(c)
Omit the paragraph. Insert instead--
(c) to obtain legal services prescribed by the regulations.
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[36] Section 106 Duty of owners corporation to maintain and repair property
Omit section 106(4). Insert instead--
(4) An owners corporation may defer compliance with subsection (1) or (2) in
relation to damage to common property until after the taking of action if--
(a) the action is taken by the owners corporation against an owner or
another person in relation to the damage, and
(b) the deferment will not affect--
(i) the safety of buildings, structures or common property in the
strata scheme, or
(ii) a person's access to or use of the common property or a lot in the
strata scheme.
[37] Section 106(6)
Omit "2 years". Insert instead "6 years".
[38] Section 108 Changes to common property
Insert "or accessibility infrastructure" after "sustainability infrastructure" in section 108(2),
note.
[39] Section 108(3)
Omit "may". Insert instead "must".
[40] Section 110 Minor renovations by owners
Insert after section 110(6)--
(6A) A strata committee that, in exercising the functions of the owners corporation
delegated under subsection (6)(b), refuses to give an approval under this
section must give reasons for the refusal--
(a) by written notice to the owner of the lot, and
(b) within 3 months after receiving the request.
(6B) An approval is taken to be given by a strata committee if--
(a) an owner of a lot requests an approval under this section, and
(b) the strata committee has not, within 3 months after receiving the
request--
(i) refused to give the approval, and
(ii) given the owner reasons for the refusal.
(6C) The owners corporation must keep a record of a minor renovation approved
under this section for 10 years.
[41] Section 115 Initial maintenance schedule must be prepared
Omit section 115(2). Insert instead--
(2) The initial maintenance schedule must be in the form prescribed by the
regulations.
Maximum penalty--
(a) for an individual--100 penalty units, or
(b) otherwise--500 penalty units.
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(2A) For a multi-storey scheme--the original owner must, before the first annual
general meeting of the owners corporation, engage--
(a) an independent surveyor to--
(i) review the initial maintenance schedule, and
(ii) certify that the initial maintenance schedule has been prepared in
accordance with the prescribed form, and
(b) an independent surveyor or a person of a class prescribed by the
regulations to--
(i) review the estimates of contributions to the administrative fund
and capital works fund, and
(ii) certify that the estimates meet the expected expenditure for the
year ahead, based on the expenses provided by the original
owner.
(2B) The original owner must not engage a person under subsection (2A) who is
connected with the original owner.
Maximum penalty--
(a) for an individual--100 penalty units, or
(b) otherwise--500 penalty units.
[42] Section 132A, heading
Omit "electricity, gas or other".
[43] Section 132A(1)-(3)
Omit "electricity, gas or any other utility" wherever occurring. Insert instead "a utility".
[44] Section 132A(4)
Omit the subsection. Insert instead--
(4) In this section--
utility includes--
(a) communication services, and
Examples of communication services-- the installation and supply of
telephone, intercom, computer data and television services
(b) domestic services.
Examples of domestic services-- electricity, gas, water, waste removal, air
conditioning and heating, stormwater retention and filtration, hot water,
recycling, sewerage and electric vehicle charging
[45] Section 132C
Insert after section 132B--
132C Financing and installation of accessibility infrastructure
Before approving an accessibility infrastructure resolution, the owners
corporation must consider the following--
(a) the cost and financing of the accessibility infrastructure and works
including expected running and maintenance costs,
(b) who will own, install and maintain the accessibility infrastructure,
(c) the extent to which the use of the accessibility infrastructure will be
available to all or some of the lots in the strata scheme,
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(d) the extent to which not installing the accessibility infrastructure will
cause or be likely to cause detriment to be suffered by--
(i) the person requesting the installation of the accessibility
infrastructure, or
(ii) a person on behalf of whom the installation of the accessibility
infrastructure is requested,
(e) whether the building can support the type of infrastructure required to
provide access,
(f) other matters prescribed by the regulations.
[46] Section 139A Restrictions on by-laws--assistance animals
Omit section 139A(2). Insert instead--
(2) A by-law may require a person who keeps an assistance animal on a lot to
provide evidence to the owners corporation to show the animal is an assistance
animal.
(3) A person who keeps an assistance animal on a lot satisfies the evidentiary
requirement of a by-law under subsection (2) if they provide any 1 of the
following to the owners corporation--
(a) evidence the animal holds an accreditation referred to in the Disability
Discrimination Act 1992 of the Commonwealth, section 9(2)(a) or (b),
or
(b) a statutory declaration verifying the animal has received the training
referred to in the Disability Discrimination Act 1992 of the
Commonwealth, section 9(2)(c), or
(c) any 1 form of evidence prescribed by the regulations.
[47] Section 139B
Insert after section 139A--
139B Restrictions on by-laws--sustainability infrastructure
(1) A by-law has no force or effect to the extent it would prevent the installation
of sustainability infrastructure solely for the purpose of preserving the external
appearance of a lot or the common property.
(2) This section does not apply to common property that is--
(a) heritage-listed, or
(b) within a heritage conservation area.
[48] Section 143 Requirements and effect of common property rights by-laws
Insert ", amend or repeal" after "make" in section 143(1).
[49] Section 143(1), note
Omit "addition". Insert instead "changes".
[50] Section 143(1A)
Insert after section 143(1)--
(1A) An owner must not unreasonably fail to give consent under subsection (1) to
the amendment or repeal of a by-law.
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[51] Section 183 Inspection of owners corporation documents
Insert "secure" before "electronic access" in section 183(3).
[52] Section 183(3A)
Insert after section 183(3)--
(3A) The regulations may prescribe the maximum fee that may be charged for
inspecting documents--
(a) in person, or
(b) through secure electronic access to the documents, or
(c) by another means agreed on or fixed under this section.
[53] Section 184 Certificate by owners corporation as to financial and other matters
relating to lot
Insert after section 184(3)(h)--
(h1) whether or not the strata scheme includes an exclusive supply network,
(h2) if the strata scheme includes an exclusive supply network--the nature
of the relevant services provided by the exclusive supply network,
[54] Section 184(8)
Insert after section 184(7)--
(8) In this section--
exclusive supply network means an arrangement under which--
(a) the delivery of a relevant service to lots in the scheme is arranged by or
on behalf of the owners corporation, and
(b) the owner of a lot in the scheme--
(i) is unable to choose an alternative supplier of the relevant service,
or
(ii) would be required to install infrastructure outside of the lot to be
able to choose an alternative supplier.
Note-- An exclusive supply network is sometimes referred to as an embedded
network.
relevant service means the following--
(a) electricity,
(b) gas,
(c) hot water,
(d) chilled water,
(e) internet access,
(f) another service prescribed by the regulations.
[55] Part 10A
Insert after Part 10--
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Part 10A Investigation and enforcement powers
Division 1 Preliminary
188A Definitions
In this part--
authorised purposes--see section 188B.
compliance notice--see section 188X(1).
188B Purposes for which functions under part may be exercised
The Secretary may exercise the functions conferred under this part for the
following purposes (authorised purposes)--
(a) investigating, monitoring and enforcing compliance with the
requirements of section 106,
(b) obtaining information or records connected with the administration of
this part,
(c) administering or executing this part, including regulations made under
this part.
Division 2 Information gathering powers
188C Exercise in conjunction with other powers
A power conferred by this division may be exercised whether or not a power
of entry under Division 3 is being exercised.
188D Power to require documents
(1) The Secretary may direct a person to give a document to the Secretary.
(2) The direction may be given if the Secretary requires the document for an
authorised purpose.
(3) The direction must be given by written order given to the person.
(4) The order must specify--
(a) the way the document must be given, and
(b) the form in which the document must be given, and
(c) a reasonable date by which the document must be given.
(5) The order may only require a person to give existing documents that are--
(a) in the person's possession, or
(b) within the person's power to obtain lawfully.
(6) The Secretary may make copies of the document.
(7) A document in electronic, mechanical or other form must be given in written
form unless otherwise stated in the order.
(8) A person must not fail to comply with an order under this section.
Maximum penalty for subsection (8)--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
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(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
188E Power of Secretary to require answers
(1) The Secretary may direct a person to answer questions about a matter if the
Secretary--
(a) reasonably suspects the person to have knowledge of the matter, and
(b) reasonably requires information about the matter for an authorised
purpose.
(2) The direction may require the answers to be--
(a) written, or
(b) given verbally--
(i) in person, or
(ii) by audio link or audio visual link.
(3) The Secretary may direct an owners corporation to nominate an individual to
answer questions on behalf of the owners corporation.
(4) The nomination must be--
(a) in writing, and
(b) given to the Secretary within the time required in the direction.
(5) The individual must be a director or other officer of the owners corporation.
(6) Answers given by the individual bind the owners corporation.
(7) The Secretary may direct the person or nominated individual to attend at a
specified place and time to answer questions if--
(a) the answers must be given verbally, and
(b) attendance at the place is reasonably required for the questions to be
properly put and answered.
(8) The place and time must be reasonable in the circumstances.
(9) A direction under this section must be in writing.
(10) A person must not fail to comply with a direction under this section.
Maximum penalty for subsection (10)--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
188F Recording of evidence
(1) The Secretary may record a person answering questions under this division if
the Secretary--
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(a) informs the person that the record will be made, and
(b) gives a copy of the record to the person as soon as practicable after the
record is made.
(2) The record may be made using--
(a) sound recording apparatus, or
(b) audio visual apparatus, or
(c) another method decided by the Secretary.
(3) The record may be made despite the provisions of another law.
Division 3 Powers in relation to premises
Subdivision 1 Entry
188G Power of Secretary to enter premises
(1) The Secretary may enter premises, other than a part of premises used only for
residential purposes, at a reasonable hour in the daytime.
(2) The entry may occur with or without a search warrant.
(3) The Secretary may enter a part of premises used only for residential
purposes--
(a) with the permission of the occupier, or
(b) under the authority of a search warrant.
(4) Common property is taken not to be a part of premises used only for residential
purposes.
(5) When exercising a power of entry under this division, the Secretary may be
accompanied by persons (assistants) the Secretary considers necessary.
(6) An assistant may accompany the Secretary and take all reasonable steps to
assist the Secretary in the exercise of the Secretary's functions.
188H Search warrants
(1) The Secretary may apply to an issuing officer for a search warrant.
(2) The Secretary may make the application if the Secretary believes on
reasonable grounds that--
(a) a duty under section 106 has been or is being breached at premises, or
(b) a matter or thing connected with a breach of a duty under section 106 is
in or on premises.
(3) The issuing officer may issue the search warrant if satisfied there are
reasonable grounds to do so.
(4) The search warrant may authorise the Secretary to--
(a) enter the premises, and
(b) exercise functions under this division.
(5) The Law Enforcement (Powers and Responsibilities) Act 2002, Part 5,
Division 4 applies to the search warrant.
(6) Without limiting the Law Enforcement (Powers and Responsibilities) Act
2002, section 71, a police officer may--
(a) accompany the Secretary when executing the search warrant, and
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(b) take all reasonable steps to assist the Secretary in the exercise of the
Secretary's functions.
(7) In this section--
issuing officer means an authorised officer under the Law Enforcement
(Powers and Responsibilities) Act 2002.
Subdivision 2 Powers exercised on premises
188I Exercise of powers on premises
(1) The Secretary may exercise a power specified in this subdivision when on
premises the Secretary entered lawfully.
(2) A power may be exercised in relation to a thing without the consent of the
owner of the thing.
(3) A power to do something includes a power to arrange for the thing to be done,
whether at the premises or elsewhere.
188J Powers of Secretary--records
The Secretary may--
(a) examine and inspect records, and
(b) copy records, and
(c) direct a person to produce records for inspection.
188K Powers of Secretary--examinations, inspections and tests
(1) The Secretary may--
(a) examine and inspect a thing, and
(b) take and remove samples of a thing, and
(c) make examinations, inquiries, measurements or tests the Secretary
considers necessary, and
(d) take photographs or other recordings the Secretary considers necessary.
(2) The power to examine and inspect a thing includes a power to use reasonable
force to break open or otherwise access a thing, including a floor or wall
containing the thing.
(3) The power to test a thing includes a power to destructively test a thing, or a
sample of a thing, if that is a reasonable test in the circumstances.
188L Powers of Secretary--opening or demolishing building work
(1) The Secretary may open up, cut open or demolish building work if the
Secretary reasonably believes it is necessary because there is, or there is likely
to be, a contravention of section 106.
(2) The power to do a thing under this section may be exercised by an
appropriately qualified person at the direction of the Secretary.
188M Powers of Secretary--seizure
(1) The Secretary may--
(a) seize a thing the Secretary has reasonable grounds to believe is
connected with a contravention of section 106, and
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(b) move a seized thing from the place where it is seized or leave it at the
place where it is seized and take reasonable action to restrict access to
the thing, and
(c) direct the occupier of the premises where a thing is seized to keep the
thing--
(i) at the premises, or
(ii) at another place under the control of the occupier.
(2) The power to seize a thing connected with an offence includes a power to
seize--
(a) a thing in relation to which the offence has been committed, and
(b) a thing that will afford evidence of the commission of the offence, and
(c) a thing that was used for the purpose of committing the offence.
(3) In this section, a reference to an offence includes a reference to an offence that
there are reasonable grounds to believe has been committed.
188N Powers of Secretary--other powers
The Secretary may do anything that, in the Secretary's opinion, is reasonably
necessary to be done for an authorised purpose.
Subdivision 3 Miscellaneous
188O Provision of assistance to Secretary
(1) The Secretary may direct a person to provide reasonable assistance, as
specified by the Secretary, if the direction--
(a) is for the purposes of the Secretary exercising functions under this
division in relation to premises, and
(b) is given to--
(i) the owner or occupier of the premises, or
(ii) if the premises are not a public place--a person on the premises.
(2) The direction may be given--
(a) orally to the person, or
(b) by written notice given to the person.
(3) A person must not fail to comply with a direction under this section.
Maximum penalty for subsection (3)--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
188P Obstruction of Secretary
A person must not, without reasonable excuse, obstruct, hinder or interfere
with the Secretary in the exercise of the Secretary's functions under this part.
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Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--100 penalty units.
188Q Failure to comply with direction
A person must not, without reasonable excuse, fail to comply with a direction
of the Secretary under this part.
Maximum penalty--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
Division 4 Seizure and destruction
188R Dealing with seized things
(1) The Secretary, when seizing a thing at premises under this part, must give the
person apparently in charge of the premises a written receipt for the thing
seized.
(2) The Secretary may keep the seized thing for evidence in court proceedings
until--
(a) the court in which the proceedings are commenced orders its return, or
(b) if no order is made--the completion of the proceedings, including an
appeal.
(3) A record may be kept under this section if, within a reasonable time--
(a) a copy of the record is made, and
(b) the Secretary certifies that the copy is a true copy, and
(c) the person from whom the record was seized is given the certified copy.
(4) The certified copy is, as evidence, of equal validity to the record.
188S Power to destroy seized things
(1) The Secretary may destroy or dispose of a thing if--
(a) the thing was seized under this division, and
(b) the thing is no longer required as evidence in proceedings.
(2) The Secretary must not destroy a thing under this division unless--
(a) before destroying the thing, the Secretary gives written notice of the
proposed destruction to the owner or person in charge of the thing, or
(b) the Secretary is satisfied that the owner or person in charge of the thing
has already been given written notice of the proposed destruction.
(3) Notice must be given at least 7 days before the thing is destroyed.
(4) A requirement to give notice does not apply to the destruction of a thing if--
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(a) there does not appear to be an individual immediately in control of the
thing, and the owner or person in charge cannot be located after making
reasonable inquiries, and
(b) the Secretary considers that, in the circumstances, the thing must be
destroyed without notice to the owner or person in charge.
(5) This section does not apply to the destruction of a thing that has been forfeited
to the Secretary.
(6) If the Secretary decides to destroy or dispose of a thing--
(a) the thing immediately becomes the property of the State, and
(b) compensation is not payable for--
(i) the transfer of ownership, or
(ii) the destruction or disposal of the thing, and
(c) duty is not payable for the transfer, and
(d) the Secretary must, as soon as practicable, tell the person who owned
the thing immediately before its seizure about the destruction or
disposal, unless--
(i) the Secretary is not able to find the person after making
reasonable inquiries, or
(ii) it is otherwise impracticable or unreasonable to tell the person.
(7) This section does not limit the Secretary's power to destroy a thing in the
exercise of another power for an authorised purpose.
Division 5 Remedial actions
188T Undertakings
(1) An owners corporation may enter into an undertaking under this section.
(2) Before entering into an undertaking, the owners corporation must approve the
undertaking by special resolution.
(3) The Secretary may accept a written undertaking given by an owners
corporation that the owners corporation will take action to do the following in
relation to a breach of a duty under section 106(1) or (2)--
(a) carry out maintenance and repair work,
(b) renew or replace fixtures or fittings.
(4) A person who contravenes an undertaking accepted by the Secretary commits
an offence.
Maximum penalty for subsection (4)--
(a) 200 penalty units, and
(b) for a continuing offence--20 penalty units for each day the offence
continues.
188U Variation or withdrawal of undertaking
(1) An owners corporation that enters into an undertaking may, with the written
agreement of the Secretary--
(a) vary the undertaking, or
(b) withdraw the undertaking.
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(2) Before varying or withdrawing an undertaking under subsection (1), the
owners corporation must approve the variation or withdrawal by special
resolution.
(3) The Secretary may--
(a) vary an undertaking, with the written agreement of the owners
corporation, or
(b) withdraw the Secretary's acceptance of an undertaking, by written
notice served on the owners corporation.
(4) Before agreeing to vary an undertaking under subsection (3)(a), the owners
corporation must approve the variation by special resolution.
(5) The provisions of an undertaking may not be varied to provide for a different
subject matter.
(6) An undertaking ceases to have effect if--
(a) the undertaking is withdrawn by the owners corporation, or
(b) the acceptance of the undertaking is withdrawn by the Secretary.
(7) In this section--
undertaking means an undertaking under section 188T.
188V Applying for orders to restrain or remedy breaches of duty
(1) The Secretary may apply to the Tribunal for an order to remedy or restrain a
breach of a duty under section 106(1) or (2).
(2) An order may be made without the Secretary being required to show a
likelihood of damage.
(3) The Tribunal may grant an interim order pending the determination of the
application if, in the Tribunal's opinion, it is desirable to grant the order.
(4) The Tribunal must not require the Secretary or another person, as a condition
of granting an interim order, to give an undertaking as to damages.
(5) The Tribunal may make the orders the Tribunal thinks fit to remedy or restrain
a breach if satisfied a breach--
(a) has been committed, or
(b) will be committed unless restrained by an order of the Tribunal.
188W Complaints and investigations
(1) The Secretary may, whether or not the Secretary has received a complaint,
investigate a breach or possible breach of a duty under section 106.
(2) The Secretary may require that a complaint made to the Secretary about a
matter referred to in subsection (1) be in a form approved by the Secretary.
(3) However, the Secretary is not required to investigate a matter.
(4) This section does not limit other powers the Secretary may have under another
Act or law to receive a complaint or investigate a matter.
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Division 6 Compliance notices
188X Secretary may give compliance notice
(1) The Secretary may give an owners corporation a notice (a compliance notice)
if the Secretary reasonably believes the owners corporation has breached a
duty under section 106(1) or (2).
(2) A compliance notice must not be given in relation to work for which a building
work rectification order, within the meaning of the Residential Apartment
Buildings (Compliance and Enforcement Powers) Act 2020, may be issued.
188Y Elements of compliance notice
(1) A compliance notice must state the reasons for the giving of the notice.
(2) The compliance notice may do the following--
(a) require the owners corporation to take action, specified in the notice, to
remedy the breach,
(b) describe the standard of work required to remedy the breach,
(c) require work to be carried out by an appropriately qualified or licensed
professional,
(d) require that a person make good a building or work that has been
damaged as a result of the person carrying out building work,
(e) require the provision of documentary evidence to demonstrate
compliance with the notice.
(3) A compliance notice given in relation to a dispute may--
(a) specify conditions about the payment of money due under a contract for
the work, and
(b) require the conditions to be complied with by the party who raised the
dispute before the other requirements of the notice are complied with.
(4) The compliance notice may specify the period in which the owners
corporation must comply with the notice, including multiple periods to allow
for different stages for compliance.
188Z Amendment and revocation of compliance notice
The Secretary may amend a compliance notice if the owners corporation given
the notice agrees to the amendment.
188ZA Revocation of compliance notice
(1) A compliance notice is revoked if the notice has been complied with.
(2) The Secretary must, when a compliance notice has been complied with, give
a written notice to the owners corporation given the compliance notice
confirming the revocation of the compliance notice.
(3) The failure of the Secretary to give the written notice does not affect the
revocation of the compliance notice.
188ZB Offence for failure to comply with compliance notice
An owners corporation given a compliance notice must not fail to comply with
the notice.
Maximum penalty--
(a) 200 penalty units, and
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(b) for a continuing offence--20 penalty units for each day the offence
continues.
188ZC Administrative review of decision to give compliance notice
(1) An owners corporation may apply to the Tribunal for an administrative review
under the Administrative Decisions Review Act 1997 of the decision to give the
owners corporation a compliance notice.
(2) The application must be made no later than 28 days after the owners
corporation receives the notice.
(3) The Administrative Decisions Review Act 1997, Chapter 3, Part 2 does not
apply to the application.
(4) In determining the application, the Tribunal must take into account any matter
that was required to be taken into account in making the decision to give the
compliance notice.
[56] Section 256 Functions of Secretary
Omit "Act." from section 256(e). Insert instead--
Act,
(f) investigating, monitoring and enforcing compliance with section 106.
[57] Section 271 Regulations
Omit "way." from section 271(2)(o). Insert instead--
way,
(p) the procedures for entering into an undertaking under section 188T,
(q) the procedures for giving a compliance notice under section 188X,
(r) information that must be included in a compliance notice under section
188Y.
[58] Schedule 1 Meeting procedures of owners corporation
Omit "electricity, gas or any other utility relevant to the scheme." from clause 6(e).
Insert instead--
a utility relevant to the scheme,
(f) an item to consider environmental sustainability within the scheme,
including consideration of the common property annual energy and
water consumption and expenditure.
[59] Schedule 1, clause 25A, heading
Omit "company nominees and".
[60] Schedule 1, clause 25A(1)
Omit the subclause. Insert instead--
(1) A person acting under a power of attorney may, if authorised by the power of
attorney, exercise voting rights at a general meeting of the owners corporation
on behalf of the owner of a lot.
[61] Schedule 1, clause 25A(2)
Omit "company nominee, or a person acting under a power of attorney,".
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Insert instead "person acting under a power of attorney".
[62] Schedule 3 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provisions consequent on enactment of Strata
Schemes Legislation Amendment Act 2025
Definition
In this part--
amending Act means the Strata Schemes Legislation Amendment Act 2025.
Payment for legal services
Section 103(3)(c), as substituted by the amending Act, is taken to have been in
force from the beginning of 30 November 2016.
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[1] Section 5 Resolutions of associations
Omit "resolution." from section 5(1)(b)(ii). Insert instead--
resolution, or
(iii) if the resolution is an accessibility infrastructure resolution--less
than 50% are against the resolution.
[2] Section 12 First AGM must be held within 2 months after initial period
Omit section 12(1), penalty. Insert instead--
Maximum penalty--
(a) 100 penalty units, and
(b) for a continuing offence--a further 2 penalty units for each day the
offence continues.
[3] Section 13 Matters to be determined at first AGM
Insert "(2)" before "The agenda".
[4] Section 13(1)
Insert before section 13(2), as amended by item [3]--
(1) The agenda for the first annual general meeting of an association must be set
by the original owner.
[5] Section 14 Documents and records to be provided to association at first AGM
Omit section 14(1), penalty. Insert instead--
Maximum penalty--
(a) 100 penalty units, and
(b) for a continuing offence--a further 2 penalty units for each day the
offence continues.
[6] Section 14(1A)
Insert after section 14(1)--
(1A) An original owner of a multi-storey scheme who is required to convene a
meeting under this division must deliver evidence of the following matters
required under section 115(2A) to the association at least 14 days before the
first annual general meeting of the association--
(a) that the initial maintenance schedule has been prepared in accordance
with the prescribed form,
(b) that the estimates of contributions to the administrative fund and capital
works fund meet the expected expenditure for the year ahead, based on
the expenses provided by the original owner,
(c) that the person who reviewed and certified the initial maintenance
schedule is an independent surveyor,
(d) that the person who reviewed and certified the estimates of
contributions to the administrative fund and capital works fund is an
independent surveyor or a person of a prescribed class.
Maximum penalty--
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(a) for an individual--100 penalty units, or
(b) otherwise--500 penalty units.
[7] Section 41
Omit the section. Insert instead--
41 Duties of association committee members
(1) Each member of an association committee of an association has the following
duties--
(a) to exercise the member's functions--
(i) with honesty and fairness, and
(ii) with due care and diligence, and
(iii) for the benefit, as far as practicable, of the association,
(b) to comply with this Act and the regulations,
(c) to only use or disclose information obtained as a member, including
information about an owner of a lot--
(i) as required to carry out association committee functions, or
(ii) as authorised or required by law,
(d) to not behave in a way that unreasonably affects a person's lawful use
or enjoyment of a lot in the scheme or the association property.
(2) Each member of an association committee of an association must complete the
training prescribed by the regulations.
(3) A member of an association committee of an association who fails to complete
the required training ceases to be a member of the association committee.
(4) The regulations may provide for the issuing of notices to inform a member of
the association committee of an association who has failed to complete the
required training that--
(a) the member is required to complete the training, and
(b) if the member does not complete the training within the period
prescribed by the regulations the member will cease to be a member of
the committee.
[8] Section 46 Functions of chairperson of association
Omit "of the association and the association committee" from section 46(a).
[9] Section 46(b)-(f)
Omit section 46(b). Insert instead--
(b) to make determinations, in accordance with this Act, as to quorums and
procedural matters at meetings,
(c) to ensure the agenda is followed at meetings,
(d) to maintain order at meetings,
(e) to facilitate the fair, constructive and open discussion of matters at
meetings,
(f) to encourage discussion by meeting attendees.
[10] Section 46(2)
Insert at the end of the section--
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(2) In this section--
meetings means meetings of the association and the association committee.
[11] Section 49 Vacation of office by officer
Omit "office." from section 49(1)(c). Insert instead--
office, or
(d) if the association, by resolution, declares that the person's office is
vacated, or
(e) if the person dies.
[12] Section 53 Appointment of managing agents
Insert after section 53(2)--
(2A) The Secretary may approve--
(a) the form of agency agreements for the appointment of managing agents,
and
(b) the terms, conditions and other provisions that agency agreements for
the appointment of managing agents must or must not contain.
(2B) The Secretary may approve 1 or more standard form of agency agreements for
the appointment of managing agents.
[13] Section 59 Managing agent to record exercise of functions
Omit section 59(2). Insert instead--
(2) The managing agent must, every 6 months, give the association a copy of the
records kept for the preceding 6 months.
[14] Section 61 Breaches by managing agent
Insert after section 61(1)--
(1A) It is a defence to a prosecution under subsection (1) if the agent establishes
that--
(a) the breach of the duty was caused by the association, and
(b) the agent took all reasonable steps to prevent the breach of the duty.
[15] Section 66, heading
Omit the heading. Insert instead--
66 Offences for managing agent failing to give information
[16] Part 4, Division 4, heading
Omit the heading. Insert instead--
Division 4 Appointment and functions of facilities managers
[17] Section 70 Facilities managers
Omit section 70(2). Insert instead--
(2) However, a person is not a facilities manager if--
(a) the person exercises the functions of a facilities manager only--
(i) on a voluntary or casual basis, or
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(ii) as a member of the association committee, or
(b) the person, or a class of persons to which the person belongs, is
prescribed as not being a facilities manager.
[18] Section 71 Appointment of facilities managers
Insert after section 71(2)--
(3) The Secretary may approve--
(a) the form of facilities manager agreements, and
(b) the terms, conditions and other provisions that facilities manager
agreements must or must not contain.
(4) The Secretary may approve 1 or more standard form of facilities manager
agreements.
[19] Section 74A
Insert after section 74--
74A Duties of facilities managers
(1) A facilities manager must not, without reasonable excuse--
(a) fail to act in the best interests of the association, or
(b) breach a duty prescribed by the regulations.
Maximum penalty--
(a) for an individual--100 penalty units, or
(b) otherwise--200 penalty units.
(2) A facilities manager is not required to act in the association's best interests if
it would be----
(a) contrary to this Act or the regulations, or
(b) otherwise unlawful.
(3) The regulations may prescribe additional duties of facilities managers.
[20] Section 76 Managing agent and facilities manager agreements may be terminated or
varied by Tribunal
Omit "unreasonable." from section 76(3)(f). Insert instead--
unreasonable,
(g) that the managing agent or facilities manager is carrying on a business
involving the supply of services to the association, owners or occupiers
of lots if carrying on the business is contrary to law.
[21] Section 83 Estimates to be prepared of contributions to administrative and capital
works funds
Insert after section 83(2)(e)--
(e1) to install, replace or repair infrastructure, fixtures and fittings that are
part of the association property for the purposes of the sustainable use
of the scheme, and
Examples-- electricity meters, solar panels and sustainable building materials
[22] Section 88 Levying of contributions
Insert after section 88(1)--
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(1A) The written notice must be accompanied by the information approved by the
Secretary.
[23] Section 90 Interest, discounts on contributions and payment plans
Omit section 90(5). Insert instead--
(5) An association and a member of the association may agree to enter into a
payment plan for the payment of overdue contributions.
(5AA) A payment plan is limited to a period of 12 months but a further plan may be
agreed to.
(5AB) An association must not, by resolution, refuse to enter into payment plans for
the payment of overdue contributions.
(5AC) Despite subsection (5AB) an association may refuse to enter into payment
plans for the payment of overdue contributions in particular cases.
[24] Section 90(5A) and (5B)
Insert after section 90(5)--
(5A) A request by an owner to enter into a payment plan (the request) may be
reasonably refused by the association.
(5B) The regulations may prescribe what constitutes a reasonable refusal in relation
to payment plans.
[25] Section 90(7)
Omit the subsection. Insert instead--
(7) The regulations may prescribe requirements for payment plans, including the
following--
(a) eligibility,
(b) the form of the request,
(c) evidence that must or must not be included in the request,
(d) how information supporting the request must be stored, secured, used,
disclosed or disposed of,
Example of information-- financial records relating to the owner
(e) maintaining the confidentiality of the owner's information given in
support of the request,
(f) the form of the payment plan or minimum requirements,
(g) requirements for the association committee to report on payment plans
to the association,
(h) requirements for the association to give written reasons to the owner if
the owner's request is refused,
(i) the termination of a payment plan.
[26] Section 90(8)
Omit the subsection.
[27] Section 90(10)
Insert after section 90(9)--
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(10) The Tribunal may, on application by the owner, order that the association
agree to the owner's request if the Tribunal is satisfied that the refusal by the
association of the request was not reasonable.
[28] Section 91 Recovery of unpaid contributions and interest
Insert after section 91(3)--
(3A) An association may only take action to recover the reasonable expenses of the
association incurred in recovering unpaid contributions and any interest
payable on unpaid contributions--
(a) if the association has offered the member of the association the option
of entering into a payment plan for the payment of the unpaid
contributions, and
(b) pursuant to an order of the Tribunal or a court under this section.
[29] Section 91 Recovery of unpaid contributions and interest
Omit "21 days" from section 91(5). Insert instead "30 days".
[30] Section 91(7)-(9)
Insert after section 91(6)--
(7) An association must not take action to recover an amount under this section
from an owner if--
(a) the amount is being dealt with under a payment plan, and
(b) the payment plan is being complied with by the owner.
(8) Payments by an owner in arrears must be applied in the following order--
(a) to contributions, in order of due date,
(b) to interest,
(c) to expenses of the association in recovering contributions ordered to be
paid under this section.
(9) Subsection (8) does not apply to the extent that--
(a) a court or the Tribunal has made an order specifying how payments
must be applied, or
(b) the owner in arrears specifies how payments must be applied.
[31] Section 106 Legal services to be approved by general meeting
Omit section 106(1). Insert instead--
(1) An association or association committee must not obtain legal services
requiring payment unless a resolution passed at a general meeting of the
association approves the obtaining of the services--
(a) with unlimited costs for the services, or
(b) up to a maximum amount of costs for the services.
[32] Section 106(3)(c)
Omit the paragraph. Insert instead--
(c) to obtain legal services prescribed by the regulations.
[33] Section 109 Duty of association to maintain and repair property
Omit section 109(4). Insert instead--
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(4) An association may defer compliance with this section in relation to damage
to association property until after the taking of action if--
(a) the action is taken by the association against an owner or another person
in relation to the damage, and
(b) the deferment will not affect--
(i) the safety of buildings, structures or association property in the
association scheme, or
(ii) a person's access to or use of the association property or a lot in
the association scheme.
[34] Section 109(6)
Omit "2 years". Insert instead "6 years".
[35] Section 115 Initial maintenance schedule must be prepared
Omit section 115(2). Insert instead--
(2) The initial maintenance schedule must be in the form prescribed by the
regulations.
Maximum penalty--
(a) for an individual--100 penalty units, or
(b) otherwise--500 penalty units.
(2A) For a multi-storey scheme--the original owner must, before the first annual
general meeting of the association, engage--
(a) an independent surveyor to--
(i) review the initial maintenance schedule, and
(ii) certify that the initial maintenance schedule has been prepared in
accordance with the prescribed form, and
(b) an independent surveyor or a person of a class prescribed by the
regulations to--
(i) review the estimates of contributions to the administrative fund
and capital works fund, and
(ii) certify that the estimates meet the expected expenditure for the
year ahead, based on the expenses provided by the original
owner.
(2B) The original owner must not engage a person under subsection (2A) who is
connected with the original owner.
Maximum penalty--
(a) for an individual--100 penalty units, or
(b) otherwise--500 penalty units.
[36] Section 124, heading
Omit "electricity, gas or other".
[37] Section 124(1)-(3)
Omit "electricity, gas or any other utility" wherever occurring. Insert instead "a utility".
[38] Section 124(1)
Omit "neighbourhood association".
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Insert instead "community or neighbourhood association".
[39] Section 124(4)
Omit the subsection. Insert instead--
(4) In this section--
utility includes--
(a) communication services, and
Examples of communication services-- the installation and supply of
telephone, intercom, computer data and television services
(b) domestic services.
Examples of domestic services-- electricity, gas, water, waste removal, air
conditioning and heating, stormwater retention and filtration, hot water,
recycling, sewerage and electric vehicle charging
[40] Section 125A
Insert after section 125--
125A Financing and installation of accessibility infrastructure
Before approving an accessibility infrastructure resolution, the association
must consider the following--
(a) the cost and financing of the accessibility infrastructure and works,
including expected running and maintenance costs,
(b) who will own, install and maintain the accessibility infrastructure,
(c) the extent to which the use of the accessibility infrastructure will be
available to all or some of the lots in the scheme,
(d) the extent to which not installing the accessibility infrastructure will
cause or be likely to cause detriment to be suffered by--
(i) the person requesting the installation of the accessibility
infrastructure, or
(ii) a person on behalf of whom the installation of the accessibility
infrastructure is requested,
(e) whether the building can support the type of infrastructure required to
provide access,
(f) other matters prescribed by the regulations.
[41] Section 130A Restrictions on by-laws--assistance animals
Omit section 130A(2). Insert instead--
(2) A by-law may require a person who keeps an assistance animal on a lot to
provide evidence to the association to show the animal is an assistance animal.
(2A) A person who keeps an assistance animal on a lot satisfies the evidentiary
requirement of a by-law under subsection (2) if they provide any 1 of the
following to the association--
(a) evidence the animal holds an accreditation referred to in the Disability
Discrimination Act 1992 of the Commonwealth, section 9(2)(a) or (b),
or
(b) a statutory declaration verifying the animal has received the training
referred to in the Disability Discrimination Act 1992 of the
Commonwealth, section 9(2)(c), or
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(c) any 1 form of evidence prescribed by the regulations.
[42] Section 130B
Insert after section 130A--
130B Restrictions on by-laws--sustainability infrastructure
(1) A by-law of an association scheme has no force or effect to the extent it would
prevent the installation of sustainability infrastructure solely for the purpose of
preserving the external appearance of a lot or the association property.
(2) This section does not apply to association property that is--
(a) heritage-listed, or
(b) within a heritage conservation area.
[43] Section 135 Requirements for association property rights by-laws
Omit "or changed" from section 135(1). Insert instead ", amended or repealed".
[44] Section 135(1A)
Insert after section 135(1)--
(1A) A person must not unreasonably fail to give consent under subsection (1)(b) to
the amendment or repeal of a by-law.
[45] Section 173 Inspection of association documents
Insert "secure" before "electronic access" in section 173(3).
[46] Section 173(3A)
Insert after section 173(3)--
(3A) The regulations may prescribe the maximum fee that may be charged for
inspecting documents--
(a) in person, or
(b) through secure electronic access to the documents, or
(c) by another means agreed on or fixed under this section.
[47] Section 174 Certificate by association as to financial and other matters relating to lot
Insert after section 174(1)(h)--
(h1) whether or not the scheme includes an exclusive supply network,
(h2) if the scheme includes an exclusive supply network--the nature of the
relevant services provided by the exclusive supply network,
[48] Section 174(4)
Insert after section 174(3)--
(4) In this section--
exclusive supply network means an arrangement under which--
(a) the delivery of a relevant service to lots in the scheme is arranged by or
on behalf of the association, and
(b) the owner of a lot in the scheme--
(i) is unable to choose an alternative supplier of the relevant service,
or
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(ii) would be required to install infrastructure outside of the lot to be
able to choose an alternative supplier.
Note-- An exclusive supply network is sometimes referred to as an embedded
network.
relevant service means the following--
(a) electricity,
(b) gas,
(c) hot water,
(d) chilled water,
(e) internet access,
(f) another service prescribed by the regulations.
[49] Part 10A
Insert after Part 10--
Part 10A Investigation and enforcement powers
Division 1 Preliminary
177A Definitions
In this part--
authorised purposes--see section 177B.
compliance notice--see section 177X(1).
177B Purposes for which functions under part may be exercised
The Secretary may exercise the functions conferred under this part for the
following purposes (authorised purposes)--
(a) investigating, monitoring and enforcing compliance with the
requirements of section 109,
(b) obtaining information or records connected with the administration of
this part,
(c) administering or executing this part, including regulations made under
this part.
Division 2 Information gathering powers
177C Exercise in conjunction with other powers
A power conferred by this division may be exercised whether or not a power
of entry under Division 3 is being exercised.
177D Power to require documents
(1) The Secretary may direct a person to give a document to the Secretary.
(2) The direction may be given if the Secretary requires the document for an
authorised purpose.
(3) The direction must be given by written order given to the person.
(4) The order must specify--
(a) the way the document must be given, and
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(b) the form in which the document must be given, and
(c) a reasonable date by which the document must be given.
(5) The order may only require a person to give existing documents that are--
(a) in the person's possession, or
(b) within the person's power to obtain lawfully.
(6) The Secretary may make copies of the document.
(7) A document in electronic, mechanical or other form must be given in written
form unless otherwise stated in the order.
(8) A person must not fail to comply with an order under this section.
Maximum penalty for subsection (8)--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
177E Power of Secretary to require answers
(1) The Secretary may direct a person to answer questions about a matter if the
Secretary--
(a) reasonably suspects the person to have knowledge of the matter, and
(b) reasonably requires information about the matter for an authorised
purpose.
(2) The direction may require the answers to be--
(a) written, or
(b) given verbally--
(i) in person, or
(ii) by audio link or audio visual link.
(3) The Secretary may direct a body corporate to nominate an individual to answer
questions on behalf of the body corporate.
(4) The nomination must be--
(a) in writing, and
(b) given to the Secretary within the time required in the direction.
(5) The individual must be a director or other officer of the body corporate.
(6) Answers given by the individual bind the body corporate.
(7) The Secretary may direct the person or nominated individual to attend at a
specified place and time to answer questions if--
(a) the answers must be given verbally, and
(b) attendance at the place is reasonably required for the questions to be
properly put and answered.
(8) The place and time must be reasonable in the circumstances.
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(9) A direction under this section must be in writing.
(10) A person must not fail to comply with a direction under this section.
Maximum penalty for subsection (10)--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
177F Recording of evidence
(1) The Secretary may record a person answering questions under this division if
the Secretary--
(a) informs the person that the record will be made, and
(b) gives a copy of the record to the person as soon as practicable after the
record is made.
(2) The record may be made using--
(a) sound recording apparatus, or
(b) audio visual apparatus, or
(c) another method decided by the Secretary.
(3) The record may be made despite the provisions of another law.
Division 3 Powers in relation to premises
Subdivision 1 Entry
177G Power of Secretary to enter premises
(1) The Secretary may enter premises, other than a part of premises used only for
residential purposes, at a reasonable hour in the daytime.
(2) The entry may occur with or without a search warrant.
(3) The Secretary may enter a part of premises used only for residential
purposes--
(a) with the permission of the occupier, or
(b) under the authority of a search warrant.
(4) Association property is taken not to be a part of premises used only for
residential purposes.
(5) When exercising a power of entry under this division, the Secretary may be
accompanied by persons (assistants) the Secretary considers necessary.
(6) An assistant may accompany the Secretary and take all reasonable steps to
assist the Secretary in the exercise of the Secretary's functions.
177H Search warrants
(1) The Secretary may apply to an issuing officer for a search warrant.
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(2) The Secretary may make the application if the Secretary believes on
reasonable grounds that--
(a) a duty under section 109 has been or is being breached at premises, or
(b) a matter or thing connected with a breach of a duty under section 109 is
in or on premises.
(3) The issuing officer may issue the search warrant if satisfied there are
reasonable grounds to do so.
(4) The search warrant may authorise the Secretary to--
(a) enter the premises, and
(b) exercise functions under this division.
(5) The Law Enforcement (Powers and Responsibilities) Act 2002, Part 5,
Division 4 applies to the search warrant.
(6) Without limiting the Law Enforcement (Powers and Responsibilities) Act
2002, section 71, a police officer may--
(a) accompany the Secretary when executing the search warrant, and
(b) take all reasonable steps to assist the Secretary in the exercise of the
Secretary's functions.
(7) In this section--
issuing officer means an authorised officer under the Law Enforcement
(Powers and Responsibilities) Act 2002.
Subdivision 2 Powers exercised on premises
177I Exercise of powers on premises
(1) The Secretary may exercise a power specified in this subdivision when on
premises the Secretary entered lawfully.
(2) A power may be exercised in relation to a thing without the consent of the
owner of the thing.
(3) A power to do something includes a power to arrange for the thing to be done,
whether at the premises or elsewhere.
177J Powers of Secretary--records
The Secretary may--
(a) examine and inspect records, and
(b) copy records, and
(c) direct a person to produce records for inspection.
177K Powers of Secretary--examinations, inspections and tests
(1) The Secretary may--
(a) examine and inspect a thing, and
(b) take and remove samples of a thing, and
(c) make examinations, inquiries, measurements or tests the Secretary
considers necessary, and
(d) take photographs or other recordings the Secretary considers necessary.
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(2) The power to examine and inspect a thing includes a power to use reasonable
force to break open or otherwise access a thing, including a floor or wall
containing the thing.
(3) The power to test a thing includes a power to destructively test a thing, or a
sample of a thing, if that is a reasonable test in the circumstances.
177L Powers of Secretary--opening or demolishing building work
(1) The Secretary may open up, cut open or demolish building work if the
Secretary reasonably believes it is necessary because there is, or there is likely
to be, a contravention of section 109.
(2) The power to open up, cut open or demolish building work may be exercised
by an appropriately qualified person at the direction of the Secretary.
177M Powers of Secretary--seizure
(1) The Secretary may--
(a) seize a thing the Secretary has reasonable grounds to believe is
connected with a contravention of section 109, and
(b) move a seized thing from the place where it is seized or leave it at the
place where it is seized and take reasonable action to restrict access to
the thing, and
(c) direct the occupier of the premises where a thing is seized to keep the
thing--
(i) at the premises, or
(ii) at another place under the control of the occupier.
(2) The power to seize a thing connected with an offence includes a power to
seize--
(a) a thing in relation to which the offence has been committed, and
(b) a thing that will afford evidence of the commission of the offence, and
(c) a thing that was used for the purpose of committing the offence.
(3) In this section, a reference to an offence includes a reference to an offence that
there are reasonable grounds to believe has been committed.
177N Powers of Secretary--other powers
The Secretary may do anything that, in the Secretary's opinion, is reasonably
necessary to be done for an authorised purpose.
Subdivision 3 Miscellaneous
177O Provision of assistance to Secretary
(1) The Secretary may direct a person to provide reasonable assistance, as
specified by the Secretary, if the direction--
(a) is for the purposes of the Secretary exercising functions under this
division in relation to premises, and
(b) is given to--
(i) the owner or occupier of the premises, or
(ii) if the premises are not a public place--a person on the premises.
(2) The direction may be given--
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(a) orally to the person, or
(b) by written notice given to the person.
(3) A person must not fail to comply with a direction under this section.
Maximum penalty for subsection (3)--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
177P Obstruction of Secretary
A person must not, without reasonable excuse, obstruct, hinder or interfere
with the Secretary in the exercise of the Secretary's functions under this part.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--100 penalty units.
177Q Failure to comply with direction
A person must not, without reasonable excuse, fail to comply with a direction
of the Secretary under this part.
Maximum penalty--
(a) for an individual--
(i) 20 penalty units, and
(ii) for a continuing offence--2 penalty units for each day the
offence continues, or
(b) otherwise--
(i) 100 penalty units, and
(ii) for a continuing offence--10 penalty units for each day the
offence continues.
Division 4 Seizure and destruction
177R Dealing with seized things
(1) The Secretary, when seizing a thing at premises under this part, must give the
person apparently in charge of the premises a written receipt for the thing
seized.
(2) The Secretary may keep the seized thing for evidence in court proceedings
until--
(a) the court in which the proceedings are commenced orders its return, or
(b) if no order is made--the completion of the proceedings, including an
appeal.
(3) A record may be kept under this section if, within a reasonable time--
(a) a copy of the record is made, and
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(b) the Secretary certifies that the copy is a true copy, and
(c) the person from whom the record was seized is given the certified copy.
(4) The certified copy is, as evidence, of equal validity to the record.
177S Power to destroy seized things
(1) The Secretary may destroy or dispose of a thing if--
(a) the thing was seized under this division, and
(b) the thing is no longer required as evidence in proceedings.
(2) The Secretary must not destroy a thing under this division unless--
(a) before destroying the thing, the Secretary gives written notice of the
proposed destruction to the owner or person in charge of the thing, or
(b) the Secretary is satisfied that the owner or person in charge of the thing
has already been given written notice of the proposed destruction.
(3) Notice must be given at least 7 days before the thing is destroyed.
(4) A requirement to give notice does not apply to the destruction of a thing if--
(a) there does not appear to be an individual immediately in control of the
thing, and the owner or person in charge cannot be located after making
reasonable inquiries, and
(b) the Secretary considers that, in the circumstances, the thing must be
destroyed without notice to the owner or person in charge.
(5) This section does not apply to the destruction of a thing that has been forfeited
to the Secretary.
(6) If the Secretary decides to destroy or dispose of a thing--
(a) the thing immediately becomes the property of the State, and
(b) compensation is not payable for--
(i) the transfer of ownership, or
(ii) the destruction or disposal of the thing, and
(c) duty is not payable for the transfer, and
(d) the Secretary must, as soon as practicable, tell the person who owned
the thing immediately before its seizure about the destruction or
disposal, unless--
(i) the Secretary is not able to find the person after making
reasonable inquiries, or
(ii) it is otherwise impracticable or unreasonable to tell the person.
(7) This section does not limit the Secretary's power to destroy a thing in the
exercise of another power for an authorised purpose.
Division 5 Remedial actions
177T Undertakings
(1) An association may enter into an undertaking under this section.
(2) Before entering into an undertaking, the association must approve the
undertaking by special resolution.
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(3) The Secretary may accept a written undertaking given by an association that
the association will take action to do the following in relation to a breach of a
duty under section 109(1) or (2)--
(a) carry out maintenance and repair work,
(b) renew or replace fixtures or fittings.
(4) A person who contravenes an undertaking accepted by the Secretary commits
an offence.
Maximum penalty for subsection (4)--
(a) 200 penalty units, and
(b) for a continuing offence--20 penalty units for each day the offence
continues.
177U Variation or withdrawal of undertaking
(1) An association that enters into an undertaking may, with the written agreement
of the Secretary--
(a) vary the undertaking, or
(b) withdraw the undertaking.
(2) Before varying or withdrawing an undertaking under subsection (1), the
association must approve the variation or withdrawal by special resolution.
(3) The Secretary may--
(a) vary an undertaking, with the written agreement of the association, or
(b) withdraw the Secretary's acceptance of an undertaking, by written
notice served on the association.
(4) Before agreeing to vary an undertaking under subsection (3)(a), the
association must approve the variation by special resolution.
(5) The provisions of an undertaking may not be varied to provide for a different
subject matter.
(6) An undertaking ceases to have effect if--
(a) the undertaking is withdrawn by the association, or
(b) the acceptance of the undertaking is withdrawn by the Secretary.
(7) In this section--
undertaking means an undertaking under section 177T.
177V Applying for orders to restrain or remedy breaches of duty
(1) The Secretary may apply to the Tribunal for an order to remedy or restrain a
breach of a duty under section 109(1) or (2).
(2) An order may be made without the Secretary being required to show a
likelihood of damage.
(3) The Tribunal may grant an interim order pending the determination of the
application if, in the Tribunal's opinion, it is desirable to grant the order.
(4) The Tribunal must not require the Secretary or another person, as a condition
of granting an interim order, to give an undertaking as to damages.
(5) The Tribunal may make the orders the Tribunal thinks fit to remedy or restrain
a breach if satisfied a breach--
(a) has been committed, or
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(b) will be committed unless restrained by an order of the Tribunal.
177W Complaints and investigations
(1) The Secretary may, whether or not the Secretary has received a complaint,
investigate a breach or possible breach of a duty under section 109.
(2) The Secretary may require that a complaint made to the Secretary about a
matter referred to in subsection (1) be in a form approved by the Secretary.
(3) However, the Secretary is not required to investigate a matter.
(4) This section does not limit other powers the Secretary may have under another
Act or law to receive a complaint or investigate a matter.
Division 6 Compliance notices
177X Secretary may give compliance notice
(1) The Secretary may give an association a notice (a compliance notice) if the
Secretary reasonably believes the association has breached a duty under
section 109(1) or (2).
(2) A compliance notice must not be given in relation to work for which a building
work rectification order, within the meaning of the Residential Apartment
Buildings (Compliance and Enforcement Powers) Act 2020, may be issued.
177Y Elements of compliance notice
(1) A compliance notice must state the reasons for the giving of the notice.
(2) The compliance notice may do the following--
(a) require the association to take action, specified in the notice, to remedy
the breach,
(b) describe the standard of work required to remedy the breach,
(c) require work to be carried out by an appropriately qualified or licensed
professional,
(d) require that a person make good a building or work that has been
damaged as a result of the person carrying out building work,
(e) require the provision of documentary evidence to demonstrate
compliance with the notice.
(3) A compliance notice given in relation to a dispute may--
(a) specify conditions about the payment of money due under a contract for
the work, and
(b) require the conditions to be complied with by the party who raised the
dispute before the other requirements of the notice are complied with.
(4) The compliance notice may specify the period in which the association must
comply with the notice, including multiple periods to allow for different stages
for compliance.
177Z Amendment and revocation of compliance notice
The Secretary may amend a compliance notice if the association given the
notice agrees to the amendment.
177ZA Revocation of compliance notice
(1) A compliance notice is revoked if the notice has been complied with.
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(2) The Secretary must, when a compliance notice has been complied with, give
a written notice to the association given the compliance notice confirming the
revocation of the compliance notice.
(3) The failure of the Secretary to give the written notice does not affect the
revocation of the compliance notice.
177ZB Offence for failure to comply with compliance notice
An association given a compliance notice must not fail to comply with the
notice.
Maximum penalty--
(a) 200 penalty units, and
(b) for a continuing offence--20 penalty units for each day the offence
continues.
177ZC Administrative review of decision to give compliance notice
(1) An association may apply to the Tribunal for an administrative review under
the Administrative Decisions Review Act 1997 of the decision to give the
association a compliance notice.
(2) The application must be made no later than 28 days after the association
receives the notice.
(3) The Administrative Decisions Review Act 1997, Chapter 3, Part 2 does not
apply to the application.
(4) In determining the application, the Tribunal must take into account any matter
that was required to be taken into account in making the decision to give the
compliance notice.
[50] Section 217 Functions of Secretary
Omit "Act." from section 217(e). Insert instead--
Act,
(f) investigating, monitoring and enforcing compliance with section 109.
[51] Section 233 Regulations
Omit "way." from section 233(2)(j). Insert instead--
way,
(k) the procedures for entering into an undertaking under section 177T,
(l) the procedures for giving a compliance notice under section 177X,
(m) information that must be included in a compliance notice under section
177Y.
[52] Schedule 1 Meeting procedures of associations
Omit "electricity, gas or any other utility relevant to the scheme." from clause 5(b).
Insert instead--
utilities relevant to the scheme,
(c) an item to consider environmental sustainability within the scheme,
including consideration of the association property annual energy and
water consumption and expenditure.
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[53] Schedule 1, clause 24A, heading
Omit "company nominees and".
[54] Schedule 1, clause 24A(1)
Omit the subclause. Insert instead--
(1) A person acting under a power of attorney may, if authorised by the power of
attorney, exercise voting rights at a general meeting of the association on
behalf of the owner of one or more development lots or neighbourhood lots.
[55] Schedule 1, clause 24A(2)
Omit "company nominee, or a person acting under a power of attorney,".
Insert instead "person acting under a power of attorney".
[56] Schedule 3 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provisions consequent on enactment of Strata
Schemes Legislation Amendment Act 2025
Definition
In this part--
amending Act means the Strata Schemes Legislation Amendment Act 2025.
Payment for legal services
Section 106(3)(c), as substituted by the amending Act, is taken to have been in
force from the beginning of 30 November 2016.
[57] Dictionary
Insert in alphabetical order--
accessibility infrastructure means changes made--
(a) to part of the association property, including by installing, removing,
modifying or replacing anything on or forming part of the association
property, and
(b) to facilitate a person with a disability having access to--
(i) the association property, or
(ii) the lot in the association scheme in which the person resides.
accessibility infrastructure resolution means a resolution to do one or more
of the following that is specified to be an accessibility infrastructure
resolution--
(a) to finance accessibility infrastructure,
(b) to add to the association property, alter the association property or erect
a new structure on the association property for the purpose of installing
accessibility infrastructure,
(c) to amend a management statement to include a by-law for the purposes
of the installation or use, or both, of accessibility infrastructure.
administrative fund, of an association, means the fund established by the
association under section 77.
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disability has the same meaning as in the Disability Discrimination Act 1992
of the Commonwealth, section 4(1).
independent surveyor means a person who is not connected to the original
owner and who--
(a) is a member of the Australian Institute of Quantity Surveyors and holds
the designation Certified Quantity Surveyor, or
(b) is a member of the Royal Institution of Chartered Surveyors and a
Chartered Quantity Surveyor.
multi-storey scheme--
(a) means an association scheme--
(i) that comprises at least 1 building with more than 2 storeys above
ground level, and
(ii) where the whole or a part of at least 1 lot in that building is
located above the whole or a part of another lot, and
(b) includes a scheme of a type prescribed by the regulations.
storey, of a building, includes the following--
(a) the ground level,
(b) a level of a split level.
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Schedule 3 Amendment of other legislation
Schedule 3 Amendment of other legislation
3.1 Community Land Management Regulation 2021
[1] Section 6, heading
Omit "s 13(o)". Insert instead "s 13(2)(o)".
[2] Section 26B
Insert after section 26A--
26B Restrictions on by-laws--evidence animal is assistance animal
For the Act, section 130A(2A)(c), the forms of evidence are the following--
(a) an assistance animal identity card, pass or permit from an assistance
animal training organisation,
(b) a document as evidence that the animal has completed a training
program that meets the standards of Assistance Dogs International,
(c) a document as evidence that the animal has been accepted as an
assistance animal by a government agency in Australia,
Examples of documents-- a government-issued access card, transport pass
or permit
(d) a document issued by a local council recognising the animal as an
assistance animal,
(e) an assistance dog badge, medallion, harness, cape, coat or vest supplied
for the animal by an assistance dog training organisation,
(f) a written statement that the animal is an assistance animal from a
registered health practitioner, within the meaning of the Health
Practitioner Regulation National Law (NSW), but only if the health
practitioner is registered under that Law, Part 7, Division 1 or 2.
[3] Schedule 1 Fees
Omit item 1. Insert instead--
1 For making records available for inspection under the Act,
section 171, including GST--
(a) to an owner or mortgagee of a lot or the association
or strata corporation constituted under the subsidiary
scheme for a subsidiary scheme--
(i) for the first hour, $31
(ii) for each half-hour or part of half-hour after $16
the first hour
(b) to a person authorised by an owner or mortgagee of
a lot or to a person authorised by the association or
strata corporation constituted under the subsidiary
scheme for a subsidiary scheme--
(i) for the first hour, $60
(ii) for each half-hour or part of half-hour after $30
the first hour
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Schedule 3 Amendment of other legislation
[4] Schedule 2 Penalty notice offences
Insert in appropriate order under the heading Offences under the Act--
Section 12(1) $2,200 $2,200
Section 14(1) $2,200 $2,200
Section 14(1A) $1,100 $5,500
Section 115(2) $1,100 $5,500
Section 115(2B) $1,100 $5,500
Section 177T(4) $2,200 $2,200
Section 177ZB $2,200 $2,200
3.2 Conveyancing Act 1919 No 6
[1] Section 7 Definitions
Insert in alphabetical order in section 7(1)--
association scheme has the same meaning as in the Community Land
Management Act 2021.
exclusive supply network has the same meaning as in--
(a) for a strata scheme--the Strata Schemes Management Act 2015, section
184, or
(b) for an association scheme--the Community Land Management Act
2021, section 174.
strata scheme has the same meaning as in the Strata Schemes Management
Act 2015.
[2] Section 66ZL Definitions
Insert after section 66ZL(1), definition of material particular, paragraph (d)--
(d1) the subject lot is or will be in an association scheme or strata scheme
that includes or is likely to include an exclusive supply network,
3.3 Conveyancing (Sale of Land) Regulation 2022
Schedule 2 Prescribed warranties
Insert after item 23--
23A If the contract relates to land that includes a lot the subject of a strata scheme
or association scheme, the existence of an exclusive supply network included
in the scheme.
3.4 Fair Trading Act 1987 No 68
[1] Section 32A
Insert after section 32--
32A Application of Australian Consumer Law to owners corporations and
associations
(1) The following provisions of the ACL apply to a relevant contract as if it were
a consumer contract--
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Strata Schemes Legislation Amendment Bill 2025 [NSW]
Schedule 3 Amendment of other legislation
(a) Part 2-3,
(b) Part 5-2.
(2) In this section--
association has the same meaning as in the Community Land Management Act
2021.
owners corporation has the same meaning as in the Strata Schemes
Management Act 2015.
relevant contract is a contract for the following--
(a) a supply of goods or services to an owners corporation or association,
(b) a sale or grant of an interest in land to an owners corporation or
association.
[2] Schedule 5 Savings and transitional provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provisions consequent on enactment of Strata
Schemes Legislation Amendment Act 2025
Application of amendment relating to unfair strata and community land
contract terms
(1) Section 32A does not apply to a contract in force immediately before the
commencement (an existing contract).
(2) Section 32A applies to an existing contract that is renewed after the
commencement, but only in relation to conduct occurring after the renewal.
(3) Section 32A applies to a term of an existing contract that is varied or inserted
after the commencement, but only in relation to conduct occurring after the
variation or insertion.
(4) In this clause--
commencement means the day on which section 32A commences.
3.5 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
[1] Schedule 2 Search warrants under other Acts
Insert in alphabetical order--
Community Land Management Act 2021, section 177H
[2] Schedule 2
Omit "Strata Schemes Management Act 2015, section 211H".
Insert instead "Strata Schemes Management Act 2015, sections 188H and 211H".
3.6 Property and Stock Agents Regulation 2022
Schedule 12 Terms specific to agency agreement for management of strata or
community title land
Insert after section 2--
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Strata Schemes Legislation Amendment Bill 2025 [NSW]
Schedule 3 Amendment of other legislation
2A Terms excluded from agency agreement
(1) The agency agreement must not include a term or terms to the effect of the
following--
(a) the owners corporation or association must pay for the agent's
professional indemnity liability, including insurance excess,
(b) the agent's liability is limited to a specified monetary amount.
(2) Subsection (1)(b) does not apply to an agreement covered by a professional
standards scheme that has been approved by the Professional Standards
Council, within the meaning of the Professional Standards Act 1994, and that
is in force.
3.7 Strata Schemes Management Regulation 2016
[1] Clause 5 Agenda for first AGM
Omit "section 15(p)". Insert instead "section 15(2)(p)".
[2] Clause 37A
Insert after clause 37--
37A Restrictions on by-laws--evidence animal is assistance animal
For the Act, section 139A(3)(c), the forms of evidence are the following--
(a) an assistance animal identity card, pass or permit from an assistance
animal training organisation,
(b) a document as evidence that the animal has completed a training
program that meets the standards of Assistance Dogs International,
(c) a document as evidence that the animal has been accepted as an
assistance animal by a government agency in Australia,
Examples of documents-- a government-issued access card, transport pass
or permit
(d) a document issued by a local council recognising the animal as an
assistance animal,
(e) an assistance dog badge, medallion, harness, cape, coat or vest supplied
for the animal by an assistance dog training organisation,
(f) a written statement that the animal is an assistance animal from a
registered health practitioner, within the meaning of the Health
Practitioner Regulation National Law (NSW), but only if the health
practitioner is registered under that Law, Part 7, Division 1 or 2.
[3] Schedule 4 Fees
Omit item 2. Insert instead--
2 For making records available for inspection under the Act,
section 182, including GST--
(a) to an owner, mortgagee or covenant chargee of a
lot--
(i) for the first hour, $31
(ii) for each half-hour or part of half-hour after $16
the first hour
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Strata Schemes Legislation Amendment Bill 2025 [NSW]
Schedule 3 Amendment of other legislation
(b) to a person authorised by an owner, mortgagee or
covenant chargee of a lot--
(i) for the first hour, $60
(ii) for each half-hour or part of half-hour after $30
the first hour
[4] Schedule 5 Penalty notice offences
Insert in appropriate order under the heading Offences under the Act--
Section 14(1) $2,200
Section 16(1) $2,200
Section 16(1A) $1,100 for an individual or $5,500 for a
corporation
Section 115(2) $1,100 for an individual or $5,500 for a
corporation
Section 115(2B) $1,100 for an individual or $5,500 for a
corporation
Section 188T(4) $2,200
Section 188ZB $2,200
3.8 Uncollected Goods Act 1995 No 68
Section 5 When goods uncollected for purposes of Act
Insert after section 5(2)(e)--
(e1) an owners corporation reasonably believes the goods have been
abandoned or left behind on the lot of an owner in a strata scheme,
within the meaning of the Strata Schemes Management Act 2015 and
acts with the consent of the owner, or
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