Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 79
insert
(1) This Part applies to the by-laws of a corporation.
(2) A by-law, including any amendment to a by-law, has no effect unless it is:
(a) certified by the schemes supervisor under section 79AB(5)(a); and
(b) lodged with the Registrar-General under section 79AC.
(3) A reference to an amendment of a by-law includes the repeal or revocation of the by-law.
(1) A corporation must, in accordance with the directions of the schemes supervisor, submit the following for review by the schemes supervisor:
(a) any by-law it makes;
(b) any amendment it makes to a by-law.
(2) A corporation may also submit a by-law, or an amendment to a by-law, that it proposes to make 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 by-law, 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 within itself and, in the case of an amendment, with any by-law being amended.
(5) The schemes supervisor must, within 28 days of receipt of the by-law, amendment or consolidation:
(a) certify that it complies with the criteria in subsection (4); or
(b) refuse to certify it and give the corporation written reasons why it does not comply with those criteria.
(6) If the schemes supervisor refuses to certify the by-law, amendment or consolidation:
(a) it may be modified to comply with the criteria and a new by-law, amendment or consolidation submitted to the schemes supervisor for review in accordance with subsection (4); or
(b) the corporation may apply to have the decision of the schemes supervisor reviewed by the Tribunal under section 79AD.
(7) In the absence of evidence to the contrary, the schemes supervisor is taken to have refused to certify the by-law, amendment or consolidation if the schemes supervisor has not responded within the time allowed under subsection (5).
(1) A corporation must, in accordance with the directions of the Registrar-General, lodge with the Register-General any by-law, amendment or consolidation that is certified by the schemes supervisor within 28 days of the certification.
(2) A by-law, amendment or consolidation cannot be lodged unless it is certified by the schemes supervisor.
(1) The Tribunal has jurisdiction to review a decision by the schemes supervisor to certify or refuse to certify a by-law or an amendment or consolidation of a by-law.
(2) The corporation and members have the right to have the decision reviewed by the Tribunal.
(3) The applicant for review must serve notice of the application on the members and, if the applicant is not the body corporate, on the body corporate.
(4) The interests of the body corporate and all members 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, amendment or consolidation if it is satisfied that:
(a) the change is necessary to comply with the criteria in section 79AB(4); and
(b) the body corporate had a reasonable opportunity to make a submission to the Tribunal about the change; and
(c) a member 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 79AD
The Northern Territory Civil and Administrative Tribunal Act contains other provisions relevant to the review.