Northern Territory Numbered Acts

AGENTS AND LAND LEGISLATION AMENDMENT ACT 2019 (NO 6 OF 2019) - SECT 23

After section 95

insert

95A     Amendments to by-laws

    (1)     Subject to section 97, an amendment to a by-law must be made by special resolution.

    (2)     An amendment to a by-law has no effect unless it is:

    (a)     certified by the schemes supervisor under section 95B(5)(a); and

    (b)     lodged with the Registrar-General under section 95C.

    (3)     A reference to an amendment of a by-law includes the repeal or revocation of the by-law.

95B     Review and certification of by-law amendments

    (1)     A body corporate must, in accordance with the directions of the schemes supervisor, submit any amendment it makes to a by-law for review by the schemes supervisor.

    (2)     A body corporate may also submit an amendment that it proposes to make to a by-law for review by the schemes supervisor.

    (3)     A consolidation of a by-law that includes an amendment may be submitted for review instead of the amendment or proposed amendment.

    (4)     The schemes supervisor must review the amendment or consolidation, on receipt of it and the prescribed fee, to ensure that it complies with the following criteria:

    (a)     it is authorised under this Act;

    (b)     it does not constitute an unusual or unexpected use of the authority under which it is made;

    (c)     its form and style are in accordance with established standards;

    (d)     its content is logically consistent with the by-law being amended.

    (5)     The schemes supervisor must, within 20 working days of receipt of the amendment or consolidation:

    (a)     certify that it complies with the criteria in subsection (4); or

    (b)     refuse to certify it and give the body corporate written reasons why it does not comply with those criteria.

    (6)     In the absence of evidence to the contrary, the schemes supervisor is taken to have refused to certify the amendment or consolidation if the schemes supervisor has not responded within the time allowed under subsection (5).

95C     Lodgement of by-law amendments

    (1)     A body corporate must, in accordance with the directions of the Registrar-General, lodge with the Register-General any amendment or consolidation of a by-law that is certified by the schemes supervisor within 20 working days of the certification.

    (2)     An amendment or consolidation of a by-law cannot be lodged unless it is certified by the schemes supervisor.

95D     Review by the Tribunal

    (1)     The Tribunal has jurisdiction to review a decision by the schemes supervisor to certify or refuse to certify an amendment or consolidation of a by-law.

    (2)     The body corporate and the unit owners have the right to have the decision reviewed by the Tribunal.

    (3)     The applicant for review must serve notice of the application on the unit owners and, if the applicant is not the body corporate, on the body corporate.

    (4)     The interests of the body corporate and all unit owners are taken to be affected by the review, to join them as parties under section 128 of the Northern Territory Civil and Administrative Tribunal Act .

    (5)     After reviewing the decision, the Tribunal may, in addition to its other powers, order that a change be made to a by-law if it is satisfied that:

    (a)     the change is necessary to comply with the criteria in section 95B(4); and

    (b)     the body corporate had a reasonable opportunity to make a submission to the Tribunal about the change; and

    (c)     a unit owner who could be adversely affected by the change had a reasonable opportunity to make a submission to the Tribunal about the change.

Note for section 95D

The Northern Territory Civil and Administrative Tribunal Act contains other provisions relevant to the review.