Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 116
insert
In this Part:
"by-law" includes an amendment to a by-law.
"commencement" means the commencement of the Agents and Land Legislation Amendment Act 2019 .
Subject to section 119, a by-law that was made before the commencement is taken to be valid.
(1) A person affected by a by-law that was made before the commencement but not forwarded to the Minister under section 63 of the Interpretation Act , as in force immediately before the commencement, may submit the by-law for review by the schemes supervisor.
(2) On receipt of the by-law and the prescribed fee, the schemes supervisor must review the by-law in accordance with section 95B(4).
(3) The schemes supervisor must, within 20 working days of receipt of the by-law:
(a) certify that it complies with the criteria in section 95B(4); or
(b) refuse to certify it and give the person who submitted it and the body corporate written reasons why it does not comply with those criteria.
(4) If the schemes supervisor refuses to certify the by-law under subsection (3)(b):
(a) the by-law may be modified to comply with the criteria and a new by-law submitted to the schemes supervisor in accordance with section 95B; or
(b) the person may apply to have the decision of the schemes supervisor reviewed by the Tribunal under section 95D.
(5) A by-law that the schemes supervisor has refused to certify under subsection (3)(b) is invalid if:
(a) no proceedings are commenced to review the refusal by the schemes supervisor within the time allowed under the Northern Territory Civil and Administrative Tribunal Act ; or
(b) on review, the Tribunal confirms the refusal by the schemes supervisor and no appeal to the Supreme Court is made within the time allowed under the Northern Territory Civil and Administrative Tribunal Act ; or
(c) on appeal from the Tribunal, the Supreme Court confirms the refusal by the schemes supervisor.