Northern Territory Consolidated Acts

UNIT TITLE SCHEMES ACT 2009 - SECT 68

    (1)     A scheme is a layered scheme if:

        (a)     it is not a subsidiary scheme of another scheme; and

        (b)     it is a higher scheme of 1 or more other schemes.

Note for subsection (1)

The scheme land of the layered scheme therefore consists of the following:

(a)     the scheme land of all its subsidiary schemes;

(b)     the common property of the layered scheme;

(c)     any other unit of the layered scheme.

    (2)     The following are the member schemes of the layered scheme:

        (a)     the layered scheme;

        (b)     each subsidiary scheme of the layered scheme.

    (3)     Except as otherwise provided by this Act, a member scheme must operate independently of another member scheme.

Notes for subsection (3)

1     A decision of the body corporate of a subsidiary scheme is not normally required to be endorsed by the body corporate of a higher scheme unless it is specifically required under this Act.

2     Provisions of this Act that might affect the general rule in this subsection include sections 11(3), 13(2), 29(6) and 52(1)(a).

3     The member schemes are not required to have the same management module and by-laws. See sections 94(6) and 95(4).