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RESORTS AND OTHER LEGISLATION AMENDMENT BILL 2008

          Queensland



Resorts and Other Legislation
Amendment Bill 2008

 


 

 

Queensland Resorts and Other Legislation Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Integrated Resort Development Act 1987 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 4 (Application for approval of scheme) . . . . . . . 8 5 Amendment of s 9 (Application for amendment of approved scheme) ....................................... 9 6 Amendment of s 10 (Members to be notified of proposed amendment) .................................... 9 7 Insertion of new section 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13A Minor variation of site boundaries . . . . . . . . . . . . . . . 9 8 Amendment of s 27 (The site) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Amendment of s 44 (Subdivision by building units or group titles plan) ...................................... 11 10 Amendment of s 45 (Approval of building units or group titles plan) ......................................... 11 11 Amendment of s 59 (Subdivision of secondary lots within residential precincts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Amendment of s 61 (Approval by local government) . . . . . . . . . . 12 13 Insertion of new pt 8, div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 1AA Preliminary 100A References to standard module . . . . . . . . . . . . . . . . . 12 14 Amendment of s 101 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of s 130 (Primary thoroughfare body corporate manager) ..................................... 12 16 Insertion of new pt 8, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

 


 

Resorts and Other Legislation Amendment Bill 2008 Contents Division 1A Proxies for principal bodies corporate at general meetings of primary thoroughfare bodies corporate 133A Application of div 1A [SM, s 106] . . . . . . . . . . . . . . . . 13 133B Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 14 133C Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 14 133D Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 15 133E Special provisions about proxy use [SM, s 110]. . . . . 16 133F Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Amendment of s 138 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . 17 18 Replacement of s 140 (Member's nominee). . . . . . . . . . . . . . . . . 17 140 Member's nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 140A When original owner can not be nominee for body corporate ............................. 18 19 Amendment of s 165 (Principal body corporate manager). . . . . . 19 20 Insertion of new pt 8, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 20 Division 3A Proxies for general meetings of principal bodies corporate 168A Application of div 3A [SM, s 106] . . . . . . . . . . . . . . . . 20 168B Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 20 168C Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 21 168D Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 22 168E Special provisions about proxy use [SM, s 110]. . . . . 23 168F Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 3B Accounts and audit 168G Application of div 3B. . . . . . . . . . . . . . . . . . . . . . . . . . 24 168H Accounts [SM, s 154] . . . . . . . . . . . . . . . . . . . . . . . . . 24 168I Audit [SM, s 155] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 21 Amendment of s 173 (Application of div 3 to expanded principal body corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 22 Insertion of new pt 10, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . 27 23 Amendment of s 179A (Dealing with disputes) . . . . . . . . . . . . . . 27 24 Insertion of new ss 179B and 179C, pt 10, div 2 hdg and s 179D 27 179B Dealing with matter relating to development control by-law ................................ 27 179C Internal dispute resolution processes to be used before application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2 Other matters Page 2

 


 

Resorts and Other Legislation Amendment Bill 2008 Contents 179D Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 25 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 12 Transitional provisions for Resorts and Other Legislation Amendment Act 2008 184 Definition for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 185 Existing term of appointment for body corporate manager ............................. 31 186 End of appointment of original owner of secondary lot as nominee for subsidiary body corporate. . . . . . . 31 187 Auditing accounts for first annual general meeting after commencement . . . . . . . . . . . . . . . . . . . . . . . . . 32 26 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 3 Amendment of Mixed Use Development Act 1993 27 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 28 Amendment of s 79 (Lodgement of building units or group titles plan) .......................................... 34 29 Amendment of s 80 (Approval of building units or group titles plan) ........................................ 34 30 Amendment of s 101 (Subdivision by building units or group titles plan) ...................................... 34 31 Amendment of s 102 (Approval of building units or group titles plan) .......................................... 34 Part 4 Amendment of Sanctuary Cove Resort Act 1985 32 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 35 33 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 35 34 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 4A Meaning of approved use for a zone . . . . . . . . . . . . . 37 35 Amendment of s 5 (The site) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 36 Omission of s 7 (Site divided into zones) . . . . . . . . . . . . . . . . . . . 38 37 Amendment of s 8 (Proposed use plan). . . . . . . . . . . . . . . . . . . . 38 38 Amendment of s 9 (Town planning provisions). . . . . . . . . . . . . . . 39 39 Amendment of s 10 (Initial subdivision within the site). . . . . . . . . 40 40 Amendment of s 12A (The adjacent site) . . . . . . . . . . . . . . . . . . . 41 41 Omission of s 12C (Adjacent site divided into zones) . . . . . . . . . 42 42 Amendment of s 12D (Proposed use plan of the adjacent site) . . 42 43 Amendment of s 12E (Town planning provisions) . . . . . . . . . . . . 43 44 Amendment of s 12F (Initial subdivision within the adjacent site) ...................................... 44 45 Insertion of new pt 2AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Page 3

 


 

Resorts and Other Legislation Amendment Bill 2008 Contents Part 2AA Amendments by application to Minister 12I Amendment applications . . . . . . . . . . . . . . . . . . . . . . 45 12J Application procedure. . . . . . . . . . . . . . . . . . . . . . . . . 46 12K Minister to consider application . . . . . . . . . . . . . . . . . 46 12L Decision on application . . . . . . . . . . . . . . . . . . . . . . . 47 12M Minor variation of site boundaries . . . . . . . . . . . . . . . 47 12N Approval of change of use for zone . . . . . . . . . . . . . . 48 12O Approval of amendment of relevant plan . . . . . . . . . . 48 46 Amendment of s 15 (Subdivision of secondary lots) . . . . . . . . . . 49 47 Amendment of s 15A (Plan of survey where variation of boundary approved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 48 Amendment of s 21A (Subdivision of land outside residential zones) ......................................... 50 49 Amendment of s 22 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . 50 50 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 22A References to standard module . . . . . . . . . . . . . . . . . 51 51 Replacement of s 24 (Member's nominee). . . . . . . . . . . . . . . . . . 51 24 Member's nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 24A When original owner can not be nominee for body corporate ............................. 53 52 Amendment of s 47A (Principal body corporate manager) . . . . . 53 53 Insertion of new pt 3, divs 2B and 2C. . . . . . . . . . . . . . . . . . . . . . 54 Division 2B Proxies for general meetings of principal body corporate 47B Application of div 2B. . . . . . . . . . . . . . . . . . . . . . . . . . 54 47C Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 54 47D Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 55 47E Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 56 47F Special provisions about proxy use [SM, s 110]. . . . . 57 47G Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 2C Accounts and audit 47H Application of div 3B. . . . . . . . . . . . . . . . . . . . . . . . . . 58 47I Accounts [SM, s 154] . . . . . . . . . . . . . . . . . . . . . . . . . 58 47J Audit [SM, s 155] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 54 Replacement of s 64A (Maintenance etc. of canals) . . . . . . . . . . 61 64A Maintenance etc. of canals. . . . . . . . . . . . . . . . . . . . . 61 Page 4

 


 

Resorts and Other Legislation Amendment Bill 2008 Contents 55 Amendment of s 64B (Surrender of secondary thoroughfare as canal) ......................................... 61 56 Amendment of s 65 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . 61 57 Insertion of new s 65A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 65A References to standard module . . . . . . . . . . . . . . . . . 62 58 Amendment of s 91A (Primary thoroughfare body corporate manager) ...................................... 62 59 Insertion of new pt 5, div 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 2B Proxies for principal body corporate at general meetings of primary thoroughfare body corporate 91B Application of div 2B [SM, s 106] . . . . . . . . . . . . . . . . 63 91C Appointment [SM, s 107] . . . . . . . . . . . . . . . . . . . . . . 63 91D Form of proxy [SM, s 108] . . . . . . . . . . . . . . . . . . . . . 64 91E Use of proxy [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . 64 91F Special provisions about proxy use [SM, s 110]. . . . . 66 91G Offence [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . 66 60 Amendment of s 103 (Application of laws of the State) . . . . . . . . 66 61 Insertion of new pt 8, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 67 62 Amendment of s 104A (Dealing with disputes) . . . . . . . . . . . . . . 67 63 Insertion of new ss 104B and 104C, pt 8, div 2 hdg and s 104D ..................................... 67 104B Dealing with matter relating to development control by-law ................................ 67 104C Internal dispute resolution processes to be used before application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 2 Other matters 104D Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 64 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Part 10 Transitional provisions for Resorts and Other Legislation Amendment Act 2008 113 Definition for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 114 Existing term of appointment for body corporate manager .............................. 70 115 End of appointment of original owner of secondary lot as nominee for subsidiary body corporate. . . . . . . 71 116 Auditing accounts for first annual general meeting after commencement . . . . . . . . . . . . . . . . . . . . . . . . . 72 65 Amendment of sch A (Uses permitted within zones) . . . . . . . . . . 72 Page 5

 


 

Resorts and Other Legislation Amendment Bill 2008 Contents 66 Replacement of schs B-E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Schedule Minor amendments of Sanctuary Cove Resort Act 1985 . . . . 77 Page 6

 


 

2008 A Bill for An Act to amend the Integrated Resort Development Act 1987, Mixed Use Development Act 1993 and the Sanctuary Cove Resort Act 1985 for particular purposes

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Resorts and Other Legislation 4 Amendment Act 2008. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Integrated 8 Resort Development Act 1987 9 Clause 3 Act amended in pt 2 10 This part amends the Integrated Resort Development Act 11 1987. 12 Clause 4 Amendment of s 4 (Application for approval of scheme) 13 Section 4-- 14 insert-- 15 `(1B) For subsection (1A), to remove any doubt, it is declared that 16 an application under division 2 to amend an approved scheme 17 by varying the boundaries of the site of the approved scheme 18 is not an application for scheme approval.'. 19 Page 8

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 5] Clause 5 Amendment of s 9 (Application for amendment of 1 approved scheme) 2 Section 9-- 3 insert-- 4 `(2) To remove any doubt, it is declared that an application may be 5 made under this division to amend an approved scheme by 6 varying the boundaries of the site of the approved scheme.'. 7 Clause 6 Amendment of s 10 (Members to be notified of proposed 8 amendment) 9 Section 10, `30 days'-- 10 omit, insert-- 11 `30 business days'. 12 Clause 7 Insertion of new section 13A 13 After section 13-- 14 insert-- 15 `13A Minor variation of site boundaries 16 `(1) This section applies to an application to amend an approved 17 scheme by varying the boundaries of the site of the approved 18 scheme. 19 `(2) The Governor in Council may approve the amendment only 20 if-- 21 (a) the Governor in Council considers-- 22 (i) the proposed variation of the site boundaries is of a 23 minor nature; and 24 Example of a variation that may be of a minor nature-- 25 a variation of part of a site boundary to realign it with a 26 thoroughfare within the site 27 (ii) the total area of the site will not be materially 28 changed because of the variation; and 29 Page 9

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 8] (b) neither the aggregate number of the lots nor the 1 aggregate voting entitlements under the approved 2 scheme will be changed because of the variation; and 3 (c) each affected land owner has given the owner's written 4 consent to the variation. 5 `(3) If the Governor in Council approves the amendment, section 8 6 applies to the local government and chief executive for 7 making an appropriate notation of the approved scheme as 8 amended as if the reference in that section to the approved 9 scheme were a reference to the approved scheme as amended. 10 `(4) In this section-- 11 affected land owner means the owner of land, outside the site, 12 that-- 13 (a) is proposed under the amendment application to be 14 incorporated as part of the scheme; or 15 (b) is otherwise affected by the proposed variation of the 16 site boundaries.'. 17 Clause 8 Amendment of s 27 (The site) 18 (1) Section 27(1), `The site'-- 19 omit, insert-- 20 `Subject to subsection (2), the site'. 21 (2) Section 27(3), `subsection (2)'-- 22 omit, insert-- 23 `subsection (3)'. 24 (3) Section 27(2) to (4)-- 25 renumber as section 27(3) to (5). 26 (4) Section 27-- 27 insert-- 28 `(2) If the approved scheme is amended under part 2, division 2 by 29 varying the boundaries of the site, the site of the approved 30 Page 10

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 9] scheme consists of all land within the boundaries of the site 1 set out in the approved scheme as amended.'. 2 Clause 9 Amendment of s 44 (Subdivision by building units or 3 group titles plan) 4 Section 44-- 5 insert-- 6 `(6) A group titles plan must also be accompanied by a diagram 7 showing the name and numbering, or proposed name and 8 numbering, of each road that is, or is to be, on the primary 9 thoroughfare, or the part of the primary thoroughfare, shown 10 on the plan.'. 11 Clause 10 Amendment of s 45 (Approval of building units or group 12 titles plan) 13 Section 45(1)(a)-- 14 insert-- 15 `(iii) the diagram mentioned in section 44(6); and'. 16 Clause 11 Amendment of s 59 (Subdivision of secondary lots within 17 residential precincts) 18 Section 59-- 19 insert-- 20 `(8) A group titles plan lodged under subsection (4) must also be 21 accompanied by a diagram showing the name and numbering, 22 or proposed name and numbering, of each road that is, or is to 23 be, on-- 24 (a) the primary thoroughfare, or part of the primary 25 thoroughfare, shown on the plan; and 26 (b) each secondary thoroughfare, or part of a secondary 27 thoroughfare, shown on the plan.'. 28 Page 11

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 12] Clause 12 Amendment of s 61 (Approval by local government) 1 Section 61(1)(a), after `59(5)'-- 2 insert-- 3 `and the diagram mentioned in section 59(8)'. 4 Clause 13 Insertion of new pt 8, div 1AA 5 Part 8, before division 1-- 6 insert-- 7 `Division 1AA Preliminary 8 `100A References to standard module 9 `(1) In this part, the information included in square brackets after a 10 section heading is a reference to a similar section of the Body 11 Corporate and Community Management (Standard Module) 12 Regulation 2008. 13 `(2) The brackets and information do not form part of this Act.'. 14 Clause 14 Amendment of s 101 (Interpretation) 15 Section 101, definition special resolution, `special resolution 16 means'-- 17 omit, insert-- 18 `special resolution, for a general meeting of a primary 19 thoroughfare body corporate, means'. 20 Clause 15 Amendment of s 130 (Primary thoroughfare body 21 corporate manager) 22 (1) Section 130(1), `subsection (3)'-- 23 omit, insert-- 24 `subsections (3), (5), (6) and (7)'. 25 (2) Section 130(6)-- 26 renumber as section 130(8). 27 Page 12

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 16] (3) Section 130(5)-- 1 omit, insert-- 2 `(5) The term of appointment of the body corporate manager (after 3 allowing for any rights or options of extension or renewal, 4 whether provided for in the instrument of appointment or 5 subsequently agreed to) must not be longer than 3 years. 6 Example-- 7 The appointment of a body corporate manager begins on 1 January 2009 8 and is for a term of 3 years. The appointment can not end later than 31 9 December 2011. 10 `(6) If the term of appointment purports to be longer than 3 years, 11 it is taken to be 3 years. 12 `(7) To remove any doubt, it is declared that at the end of the term 13 of appointment of a person as the body corporate manager-- 14 (a) the appointment expires; and 15 (b) the person can not act again as the body corporate 16 manager without a new appointment.'. 17 Clause 16 Insertion of new pt 8, div 1A 18 Part 8, after division 1-- 19 insert-- 20 `Division 1A Proxies for principal bodies 21 corporate at general meetings of 22 primary thoroughfare bodies 23 corporate 24 `133A Application of div 1A [SM, s 106] 25 `This division applies to the appointment and use of a proxy to 26 represent a principal body corporate that is a member of a 27 primary thoroughfare body corporate at a general meeting of 28 the primary thoroughfare body corporate. 29 Page 13

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 16] `133B Appointment [SM, s 107] 1 `(1) Subject to subsection (2), the principal body corporate may 2 appoint a proxy to act for the body corporate at the general 3 meeting. 4 `(2) The appointment of a proxy is effective only if the principal 5 body corporate or the holder of the proxy gives, by hand, post 6 or facsimile, a properly completed proxy form to the secretary 7 of the primary thoroughfare body corporate before-- 8 (a) the start of the meeting where the proxy is to be 9 exercised; or 10 (b) if the primary thoroughfare body corporate has fixed an 11 earlier time by which proxies must be given (that can 12 not, however, be earlier than 24 hours before the time 13 fixed for the meeting)--the earlier time. 14 `133C Form of proxy [SM, s 108] 15 `A proxy given under this division-- 16 (a) must be in the approved form; and 17 (b) must be in the English language; and 18 (c) can not be irrevocable; and 19 (d) can not be transferred by the holder of the proxy to a 20 third person; and 21 (e) lapses at the end of the primary thoroughfare body 22 corporate's financial year or at the end of a shorter 23 period stated in the proxy; and 24 (f) may be given by any person who has the right to vote at 25 a general meeting; and 26 (g) subject to the limitations contained in this division, may 27 be given to any individual; and 28 (h) must appoint a named individual. 29 Page 14

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 16] `133D Use of proxy [SM, s 109] 1 `(1) A member of the primary thoroughfare body corporate who is 2 the proxy for the principal body corporate may vote both in 3 the member's own right and also as proxy of the principal 4 body corporate. 5 `(2) A vote by proxy must not be exercised on behalf of the 6 principal body corporate at the general meeting-- 7 (a) if the person appointed to represent the principal body 8 corporate under section 103(1) is personally present at 9 the meeting, unless the person consents at the meeting; 10 or 11 (b) on a particular motion, if a written or electronic vote has 12 been exercised on the motion on behalf of the principal 13 body corporate; or 14 (c) on a ballot for the election of a member of the executive 15 committee, or for otherwise choosing a member of the 16 executive committee; or 17 (d) for voting for a special resolution prohibiting, wholly or 18 partly, the use of proxies at executive committee 19 meetings or general meetings; or 20 (e) for voting for a majority resolution; or 21 (f) on a motion approving-- 22 (i) the engagement of a person as the body corporate 23 manager, a service contractor, or the authorisation 24 of a person as a letting agent; or 25 (ii) the amendment or termination of an engagement or 26 authorisation mentioned in subparagraph (i); or 27 (g) on a motion decided by secret ballot. 28 `(3) A proxy may be exercised by-- 29 (a) the proxy holder voting in a show of hands at a general 30 meeting; or 31 Page 15

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 16] (b) the proxy holder completing a written or electronic vote 1 on a motion before the start of, or at, the general 2 meeting. 3 `(4) In this section-- 4 majority resolution means a resolution that may be passed by 5 members of the primary thoroughfare body corporate whose 6 voting entitlements are more than 50% of the total of all 7 voting entitlements recorded in the primary thoroughfare 8 body corporate's roll under section 117. 9 `133E Special provisions about proxy use [SM, s 110] 10 `(1) The principal body corporate can not be prevented by contract 11 from exercising a vote at the general meeting, and can not be 12 required by contract to make someone else the body 13 corporate's proxy for voting at the general meeting. 14 `(2) A proxy can not be exercised for the principal body corporate 15 by-- 16 (a) the original owner of an initial lot or secondary lot; or 17 (b) a body corporate manager for-- 18 (i) the primary thoroughfare body corporate; or 19 (ii) the principal body corporate; or 20 (iii) a body corporate created by the registration of a 21 group titles plan or building units plan subdividing 22 an initial or secondary lot on the site; or 23 (c) an associate of a person mentioned in paragraph (a) or 24 (b), unless the associate is 1 of the proprietors 25 constituting a body corporate that is itself a member of 26 the principal body corporate. 27 `133F Offence [SM, s 111] 28 `A person must not exercise a proxy, or otherwise purport to 29 vote on behalf of the principal body corporate, at the general 30 meeting of the primary thoroughfare body corporate knowing 31 Page 16

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 17] that the person does not have the right to exercise the proxy or 1 otherwise vote on behalf of the principal body corporate. 2 Maximum penalty--100 penalty units.'. 3 Clause 17 Amendment of s 138 (Interpretation) 4 (1) Section 138-- 5 insert-- 6 `nominee, of a member of a principal body corporate, see 7 section 140(1).'. 8 (2) Section 138, definition special resolution, `special resolution 9 means'-- 10 omit, insert-- 11 `special resolution, for a general meeting of a principal body 12 corporate, means'. 13 Clause 18 Replacement of s 140 (Member's nominee) 14 Section 140-- 15 omit, insert-- 16 `140 Member's nominee 17 `(1) This section applies to a member of a principal body corporate 18 for appointing a person (a nominee) to represent and vote on 19 behalf of the member at meetings of the principal body 20 corporate. 21 `(2) A member of the principal body corporate that is itself a body 22 corporate created by the registration of a group titles plan or a 23 building units plan (a subsidiary body corporate)-- 24 (a) must appoint a nominee at its annual general meeting; 25 and 26 (b) otherwise, may appoint a nominee from time to time. 27 `(3) A member of the principal body corporate, other than a 28 subsidiary body corporate, may appoint a nominee from time 29 to time. 30 Page 17

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 18] `(4) Subject to section 140A, a nominee appointed by a subsidiary 1 body corporate must be a member of the subsidiary body 2 corporate. 3 `(5) The appointment of a nominee has no effect until written 4 notice of the appointment is received by the secretary of the 5 principal body corporate. 6 `(6) A nominee appointed by a subsidiary body corporate must 7 represent the subsidiary body corporate-- 8 (a) in the way the subsidiary body corporate directs; and 9 (b) subject to subparagraph (a), in a way that is in the best 10 interests of the subsidiary body corporate. 11 `(7) The appointment of a nominee for a member ends when the 12 first of the following happens-- 13 (a) the end of 1 year after the appointment; 14 (b) the secretary of the principal body corporate receives 15 written notice of-- 16 (i) the cancellation of the nominee's appointment; or 17 (ii) the appointment of another nominee for the 18 member. 19 `(8) A written notice under subsection (5) or (7)(b) must be 20 signed-- 21 (a) for an appointment or cancellation made by a subsidiary 22 body corporate--by the chairperson and secretary of the 23 subsidiary body corporate; or 24 (b) otherwise--by the member. 25 `140A When original owner can not be nominee for body 26 corporate 27 `(1) This section applies if more than 50% of the lots created by 28 the registration of a group titles plan or building units plan 29 subdividing a secondary lot are no longer owned by the 30 original owner of the secondary lot. 31 Page 18

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 19] `(2) The body corporate created by the registration of the plan can 1 not appoint as its nominee-- 2 (a) the original owner; or 3 (b) an associate (an ineligible associate) of the original 4 owner who is not 1 of the proprietors constituting the 5 body corporate. 6 `(3) If the original owner or an ineligible associate of the original 7 owner is already a nominee for the body corporate-- 8 (a) a general meeting of the body corporate must be held 9 within 2 months; and 10 (b) if it is not sooner ended, the owner's or associate's 11 appointment as the nominee ends at the next general 12 meeting of the body corporate.'. 13 Clause 19 Amendment of s 165 (Principal body corporate manager) 14 (1) Section 165(1), `subsection (3)'-- 15 omit, insert-- 16 `subsections (3), (5), (6) and (7)'. 17 (2) Section 165(6)-- 18 renumber as section 165(8). 19 (3) Section 165(5)-- 20 omit, insert-- 21 `(5) The term of appointment of the body corporate manager (after 22 allowing for any rights or options of extension or renewal, 23 whether provided for in the instrument of appointment or 24 subsequently agreed to) must not be longer than 3 years. 25 Example-- 26 The appointment of a body corporate manager begins on 1 January 2009 27 and is for a term of 3 years. The appointment can not end later than 31 28 December 2011. 29 `(6) If the term of appointment purports to be longer than 3 years, 30 it is taken to be 3 years. 31 Page 19

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 20] `(7) To remove any doubt, it is declared that at the end of the term 1 of appointment of a person as the body corporate manager-- 2 (a) the appointment expires; and 3 (b) the person can not act again as the body corporate 4 manager without a new appointment.'. 5 Clause 20 Insertion of new pt 8, divs 3A and 3B 6 Part 8-- 7 insert-- 8 `Division 3A Proxies for general meetings of 9 principal bodies corporate 10 `168A Application of div 3A [SM, s 106] 11 `This division applies to the appointment and use of a proxy to 12 represent a member of a principal body corporate at a general 13 meeting of the principal body corporate. 14 `168B Appointment [SM, s 107] 15 `(1) Subject to subsections (2) to (5), a person entitled to vote at 16 the general meeting may appoint a proxy to act for the person 17 at the general meeting. 18 `(2) The principal body corporate may by special resolution 19 prohibit the use of proxies-- 20 (a) for particular things described in the special resolution; 21 or 22 (b) altogether. 23 `(3) An appointment under subsection (1) has effect subject to the 24 operation of a special resolution under subsection (2). 25 `(4) A person must not hold-- 26 Page 20

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 20] (a) if there are 20 or more lots for which there are voting 1 entitlements for the meeting--proxies greater in number 2 than 5% of the lots; or 3 (b) if there are fewer than 20 lots for which there are voting 4 entitlements for the meeting--more than 1 proxy. 5 `(5) The appointment of a proxy is effective only if the person or 6 the holder of the proxy gives, by hand, post or facsimile, a 7 properly completed proxy form to the secretary of the 8 principal body corporate before-- 9 (a) the start of the meeting where the proxy is to be 10 exercised; or 11 (b) if the principal body corporate has fixed an earlier time 12 by which proxies must be given (that can not, however, 13 be earlier than 24 hours before the time fixed for the 14 meeting)--the earlier time. 15 `168C Form of proxy [SM, s 108] 16 `A proxy given under this division-- 17 (a) must be in the approved form; and 18 (b) must be in the English language; and 19 (c) can not be irrevocable; and 20 (d) can not be transferred by the holder of the proxy to a 21 third person; and 22 (e) lapses at the end of the principal body corporate's 23 financial year or at the end of a shorter period stated in 24 the proxy; and 25 (f) may be given by any person who has the right to vote at 26 a general meeting; and 27 (g) subject to the limitations contained in this division, may 28 be given to any individual; and 29 (h) must appoint a named individual. 30 Page 21

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 20] `168D Use of proxy [SM, s 109] 1 `(1) A member of the principal body corporate (member A) who is 2 the proxy for another member of the principal body corporate 3 (member B) may vote both in member A's own right and also 4 as proxy of member B. 5 `(2) If at least 1 co-owner of a lot is present at the meeting, a proxy 6 given by another co-owner of the lot is of no effect. 7 `(3) A vote by proxy must not be exercised at the general 8 meeting-- 9 (a) if the member who gave the proxy is personally present 10 at the meeting, unless the member consents at the 11 meeting; or 12 (b) on a particular motion, if the person who gave the proxy 13 has exercised a written or electronic vote on the motion; 14 or 15 (c) on a ballot for the election of a member of the executive 16 committee, or for otherwise choosing a member of the 17 executive committee; or 18 (d) for voting for a special resolution prohibiting, wholly or 19 partly, the use of proxies at executive committee 20 meetings or general meetings; or 21 (e) for voting for a majority resolution; or 22 (f) on a motion approving-- 23 (i) the engagement of a person as the body corporate 24 manager, a service contractor, or the authorisation 25 of a person as a letting agent; or 26 (ii) the amendment or termination of an engagement or 27 authorisation mentioned in subparagraph (i); or 28 (g) on a motion decided by secret ballot. 29 `(4) A proxy may be exercised by-- 30 (a) the proxy holder voting in a show of hands at a general 31 meeting; or 32 Page 22

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 20] (b) the proxy holder completing a written or electronic vote 1 on a motion before the start of, or at, the general 2 meeting. 3 `(5) In this section-- 4 majority resolution means a resolution that may be passed by 5 members of the principal body corporate whose voting 6 entitlements are more than 50% of the total of all voting 7 entitlements recorded in the principal body corporate's under 8 section 152. 9 `168E Special provisions about proxy use [SM, s 110] 10 `(1) A member of the principal body corporate can not be 11 prevented by contract from exercising a vote at the general 12 meeting, and can not be required by contract to make 13 someone else the member's proxy for voting at the general 14 meeting. 15 `(2) A proxy can not be exercised for someone else by-- 16 (a) the original owner of a secondary lot; or 17 (b) a body corporate manager for-- 18 (i) the primary thoroughfare body corporate; or 19 (ii) the principal body corporate; or 20 (iii) a body corporate created by the registration of a 21 group titles plan or building units plan subdividing 22 an initial or secondary lot on the site; or 23 (c) an associate of a person mentioned in paragraph (a) or 24 (b), unless the associate is 1 of the proprietors 25 constituting a body corporate that is itself a member of 26 the principal body corporate. 27 `168F Offence [SM, s 111] 28 `A person must not exercise a proxy, or otherwise purport to 29 vote on behalf of another person, at the general meeting of the 30 principal body corporate knowing that the person does not 31 Page 23

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 20] have the right to exercise the proxy or otherwise vote on 1 behalf of the other person. 2 Maximum penalty--100 penalty units. 3 `Division 3B Accounts and audit 4 `168G Application of div 3B 5 `This division applies to a principal body corporate for 6 preparing a statement of accounts under section 151(1)(f). 7 `168H Accounts [SM, s 154] 8 `(1) The statement of accounts may be prepared on a cash or 9 accrual basis. 10 `(2) If the accounts are prepared on a cash basis, they must include 11 disclosure of the following-- 12 (a) the total amounts paid to the fund established under 13 section 151(1)(i) and the account established under 14 section 151(1)(k); 15 (b) total contributions in arrears; 16 (c) balances for all financial institution accounts and 17 investments; 18 (d) all outstanding receipts and payments. 19 `(3) If the accounts are prepared on an accrual basis, they must 20 show the assets and liabilities of the principal body corporate 21 at the end of the financial year for which the accounts are 22 prepared. 23 `(4) The statement of accounts must include-- 24 (a) the corresponding figures for the previous financial 25 year; and 26 (b) disclosure of all remuneration, allowances or expenses 27 paid to members of the executive committee, identifying 28 Page 24

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 20] the total amounts paid to each member during the 1 financial year under the following categories-- 2 (i) remuneration or allowances; 3 (ii) expenses, split up into travelling, accommodation, 4 meal and other expenses. 5 `(5) A copy of the statement of accounts must accompany the 6 notice of the annual general meeting first happening after the 7 end of the financial year for which the accounts are prepared. 8 `168I Audit [SM, s 155] 9 `(1) The principal body corporate must have its statement of 10 accounts for each financial year of the body corporate audited 11 by an auditor. 12 `(2) The auditor to be appointed must be agreed to by ordinary 13 resolution of the principal body corporate. 14 `(3) The motion for agreeing to the auditor to be appointed-- 15 (a) must be included in the agenda for the general meeting 16 at which the motion is to be considered; and 17 (b) must include the name of the auditor proposed to be 18 appointed. 19 `(4) Also, the body corporate may, by ordinary resolution-- 20 (a) resolve to have its accounting records audited for a 21 particular period or a particular project; and 22 (b) appoint an auditor for the audit. 23 `(5) A member of the executive committee, the body corporate 24 manager, or an associate of a member of the executive 25 committee or body corporate manager, can not be appointed 26 to audit the accounting records or the statement of accounts of 27 the principal body corporate. 28 `(6) On finishing an audit of the principal body corporate's 29 statement of accounts for a financial year, the auditor must 30 give a certificate-- 31 Page 25

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 21] (a) stating whether the statement of accounts gives a true 1 and fair view of the principal body corporate's financial 2 affairs; and 3 (b) if the statement of accounts does not give a true and fair 4 view of the principal body corporate's financial 5 affairs--identifying the deficiencies in the statement. 6 `(7) A copy of the auditor's certificate must accompany the notice 7 of the next annual general meeting held after the certificate is 8 given. 9 `(8) In this section-- 10 auditor means-- 11 (a) a person who is a registered company auditor; or 12 (b) a person who-- 13 (i) is a member of-- 14 (A) CPA Australia and entitled to use the letters 15 `CPA' or `FCPA'; or 16 (B) the Institute of Chartered Accountants in 17 Australia and entitled to use the letters `CA' 18 or `FCA'; or 19 (C) the National Institute of Accountants and 20 entitled to use the letters `MNIA', `FNIA', 21 `PNA' or `FPNA'; and 22 (ii) has a total of 2 years auditing experience, whether 23 or not continuous.'. 24 Clause 21 Amendment of s 173 (Application of div 3 to expanded 25 principal body corporate) 26 (1) Section 173, heading, `div 3'-- 27 omit, insert-- 28 `divs 3, 3A and 3B'. 29 (2) Section 173, `Division 3 applies'-- 30 Page 26

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 22] omit, insert-- 1 `Divisions 3, 3A and 3B apply'. 2 Clause 22 Insertion of new pt 10, div 1 hdg 3 Part 10, after part 10 heading-- 4 insert-- 5 `Division 1 Dispute resolution'. 6 Clause 23 Amendment of s 179A (Dealing with disputes) 7 Section 179A-- 8 insert-- 9 `(2) However, this section-- 10 (a) does not apply to a matter mentioned in section 179B; 11 and 12 (b) is subject to section 179C.'. 13 Clause 24 Insertion of new ss 179B and 179C, pt 10, div 2 hdg and 14 s 179D 15 After section 179A, as amended by this Act-- 16 insert-- 17 `179B Dealing with matter relating to development control 18 by-law 19 `(1) The Commercial and Consumer Tribunal may review or 20 otherwise deal with a matter relating to-- 21 (a) a decision of a principal body corporate about a 22 development control by-law (a relevant by-law) for 23 development in a residential precinct in an approved 24 scheme; or 25 (b) contravention or alleged contravention of a relevant 26 by-law. 27 Page 27

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 24] `(2) Each of the following persons may apply to the tribunal to 1 deal with a matter under subsection (1) if the person has 2 standing to make the application-- 3 (a) the principal body corporate; 4 (b) a body corporate created by the registration of a group 5 titles plan or building units plan subdividing a 6 secondary lot in a residential precinct in the approved 7 scheme; 8 (c) a proprietor or occupier of, or a person having an estate 9 or interest in, a lot in a residential precinct in the 10 approved scheme. 11 `(3) For subsection (2), a person has standing to make the 12 application if the person is directly and materially affected by 13 the matter to which the application relates. 14 Example-- 15 A proprietor of a lot in a residential precinct in an approved scheme 16 alleges that the amenity of the lot has been, or will be, adversely affected 17 by development authorised under a development control by-law in an 18 adjoining residential precinct in the scheme. 19 `(4) If, in dealing with a matter mentioned in subsection (1), the 20 tribunal substitutes a development control by-law, section 21 176(5) does not apply to the substituted by-law. 22 `(5) This section is subject to section 179C. 23 `179C Internal dispute resolution processes to be used 24 before application 25 `(1) This section applies to-- 26 (a) a referee for deciding an application for an order under 27 the Building Units and Group Titles Act 1980, part 5, 28 relating to a dispute about a matter mentioned in section 29 179A; and 30 (b) the Commercial and Consumer Tribunal for deciding an 31 application about a matter mentioned in section 179B. 32 Page 28

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 24] `(2) The referee or tribunal must not decide the application unless 1 the referee or tribunal is satisfied the applicant has made 2 reasonable attempts to resolve the dispute or matter by using 3 internal dispute resolution processes. 4 Examples of internal dispute resolution processes-- 5 · the parties to a dispute communicating with each other 6 · the applicant writing to the committee for the relevant principal 7 body corporate 8 · the applicant causing a motion to be presented for consideration at a 9 general meeting of the relevant principal body corporate 10 `Division 2 Other matters 11 `179D Associates 12 `(1) For this Act, a person is associated with someone else if-- 13 (a) a relationship of a type to which this section applies 14 exists between them; or 15 (b) a series of relationships of a type to which this section 16 applies can be traced between them through another 17 person or other persons. 18 `(2) This section applies to relationships of the following types-- 19 (a) marriage or de facto partnership; 20 (b) the relationship of ascendant and descendant (including 21 the relationship of parent and child) or the relationship 22 of persons who have a parent or grandparent in 23 common; 24 (c) business partnership; 25 (d) the relationship of employer and employee; 26 (e) a fiduciary relationship; 27 (f) the relationship of persons, 1 of whom is accustomed, or 28 under an obligation (whether formal or informal), to act 29 Page 29

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 25] in accordance with the directions, instructions or wishes 1 of the other; 2 (g) the relationship of a corporation and executive officer of 3 the corporation; 4 (h) the relationship of a corporation and a person who is in a 5 position to control or substantially influence the 6 corporation's conduct. 7 `(3) Despite subsection (2)(e) and (f), the owner of an initial lot, 8 secondary lot or a lot on a group titles plan or building units 9 plan and a letting agent for an approved scheme or part of an 10 approved scheme are not associated merely because of their 11 relationship as owner and letting agent. 12 `(4) In this section-- 13 executive officer, of a corporation, means a person who is 14 concerned with, or takes part in, the corporation's 15 management, whether or not the person is a director or the 16 person's position is given the name of executive officer. 17 letting agent, for an approved scheme or part of an approved 18 scheme, means a person authorised by a body corporate to 19 conduct a letting agent business for the scheme or part.'. 20 Clause 25 Insertion of new pt 12 21 After section 183-- 22 insert-- 23 `Part 12 Transitional provisions for 24 Resorts and Other Legislation 25 Amendment Act 2008 26 `184 Definition for pt 12 27 `In this part-- 28 commencement means the commencement of this section. 29 Page 30

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 25] `185 Existing term of appointment for body corporate 1 manager 2 `(1) This section applies if-- 3 (a) before the commencement, a body corporate manager 4 was appointed for-- 5 (i) a primary thoroughfare body corporate under 6 section 130; or 7 (ii) a principal body corporate under section 165; and 8 (b) the term of the appointment has not ended. 9 `(2) The term of the appointment ends on the day provided for in 10 the instrument of appointment. 11 `(3) For subsection (2), the term of the appointment provided for 12 in the instrument of appointment includes rights or options of 13 extension or renewal provided for in the instrument of 14 appointment. 15 `(4) This section applies despite sections 130(5) and (6) and 16 165(5) and (6). 17 `186 End of appointment of original owner of secondary 18 lot as nominee for subsidiary body corporate 19 `(1) This section applies if-- 20 (a) before the commencement-- 21 (i) a subsidiary body corporate under a building units 22 or group titles plan appointed as its nominee, under 23 section 140, the original owner of the secondary lot 24 subdivided by the plan or an ineligible associate of 25 the original owner; and 26 (ii) the original owner ceased to own more than 50% 27 of the lots; and 28 (b) immediately before the commencement, the original 29 owner or associate was still the nominee for the 30 subsidiary body corporate. 31 Page 31

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 2 Amendment of Integrated Resort Development Act 1987 [s 26] `(2) Despite section 140A, the original owner's or associate's 1 appointment as the nominee for the subsidiary body corporate 2 ends when the first of the following happens-- 3 (a) the end of 6 months after the commencement; 4 (b) the secretary of the principal body corporate receives a 5 written notice under section 140(7)(b) of-- 6 (i) the cancellation of the appointment; or 7 (ii) the appointment of another nominee for the 8 subsidiary body corporate. 9 `(3) In this section-- 10 ineligible associate see section 140A(2)(b). 11 subsidiary body corporate, under a building units or group 12 titles plan subdividing a secondary lot within a residential 13 precinct, means the body corporate created by the registration 14 of the plan. 15 `187 Auditing accounts for first annual general meeting 16 after commencement 17 `(1) This section applies if-- 18 (a) before the commencement-- 19 (i) a principal body corporate authorised a person to 20 prepare a statement of accounts under section 21 151(1)(f) for adoption at the body corporate's 22 annual general meeting; and 23 (ii) the person started to prepare the statement of 24 accounts; and 25 (b) the annual general meeting has not happened. 26 `(2) Section 168I does not apply for auditing the statement of 27 accounts for the period to which the authorisation relates.'. 28 Clause 26 Amendment of sch 2 (Dictionary) 29 Schedule 2-- 30 Page 32

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 3 Amendment of Mixed Use Development Act 1993 [s 27] insert-- 1 `associate, of a person, means someone else with whom the 2 person is associated under section 179D. 3 Commercial and Consumer Tribunal means the tribunal of 4 that name established under the Commercial and Consumer 5 Tribunal Act 2003. 6 financial year-- 7 (a) for a primary thoroughfare body corporate, means a 8 period in relation to which the body corporate is 9 required under section 116(1)(f) to prepare a statement 10 of accounts; or 11 (b) for a principal body corporate, means a period in 12 relation to which the body corporate is required under 13 section 151(1)(f) to prepare a statement of accounts. 14 nominee, for a member of a principal body corporate, see 15 section 140(1). 16 original owner, of an initial or secondary lot that has been 17 subdivided by a building unit or group titles plan, means the 18 person who was the registered owner of the lot immediately 19 before it was subdivided by the plan. 20 special resolution-- 21 (a) for a general meeting of a primary thoroughfare body 22 corporate, see section 101; or 23 (b) for a general meeting of a principal body corporate, see 24 section 138.'. 25 Part 3 Amendment of Mixed Use 26 Development Act 1993 27 Clause 27 Act amended in pt 3 28 This part amends the Mixed Use Development Act 1993. 29 Page 33

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 3 Amendment of Mixed Use Development Act 1993 [s 28] Clause 28 Amendment of s 79 (Lodgement of building units or 1 group titles plan) 2 Section 79-- 3 insert-- 4 `(5) A group titles plan must also be accompanied by a diagram 5 showing the name and numbering, or proposed name and 6 numbering, of each road that is, or is to be, on the primary 7 thoroughfare, or the part of the primary thoroughfare, shown 8 on the plan.'. 9 Clause 29 Amendment of s 80 (Approval of building units or group 10 titles plan) 11 Section 80(1)(b)-- 12 insert-- 13 `(iii) the diagram mentioned in section 79(5).'. 14 Clause 30 Amendment of s 101 (Subdivision by building units or 15 group titles plan) 16 Section 101-- 17 insert-- 18 `(7) A group titles plan must also be accompanied by a diagram 19 showing the name and numbering, or proposed name and 20 numbering, of each road that is, or is to be, on-- 21 (a) the community thoroughfare, or the part of the 22 community thoroughfare, shown on the plan; and 23 (b) each precinct thoroughfare, or part of a precinct 24 thoroughfare, shown on the plan.'. 25 Clause 31 Amendment of s 102 (Approval of building units or group 26 titles plan) 27 Section 102(1)(b)-- 28 Page 34

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 32] insert-- 1 `(iii) the diagram mentioned in section 101(7).'. 2 Part 4 Amendment of Sanctuary Cove 3 Resort Act 1985 4 Clause 32 Act amended in pt 4 and schedule 5 This part and the schedule amend the Sanctuary Cove Resort 6 Act 1985. 7 Clause 33 Amendment of s 4 (Interpretation) 8 (1) Section 4, heading-- 9 omit, insert-- 10 `4 Definitions'. 11 (2) Section 4, definitions Albert Shire Council, residential zone 12 and zone-- 13 omit. 14 (3) Section 4-- 15 insert-- 16 `adjacent site see section 12A. 17 approved use, for a zone, see section 4A. 18 associate, of a person, means someone else with whom the 19 person is associated under section 104D. 20 canal see the Coastal Protection and Management Act 1995, 21 schedule. 22 chief executive (local government) means the chief executive 23 of the department in which the Local Government Act 1993 is 24 administered. 25 Page 35

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 33] Commercial and Consumer Tribunal means the tribunal of 1 that name established under the Commercial and Consumer 2 Tribunal Act 2003. 3 financial year-- 4 (a) for the principal body corporate, see section 22; or 5 (b) for the primary thoroughfare body corporate, see section 6 65. 7 former Albert Shire Council means the local government of 8 that name that was constituted under the Local Government 9 Act 1993 or its successors in law. 10 Integrated Planning Act means the Integrated Planning Act 11 1997. 12 local government means the local government for the local 13 government area in which the site and adjacent site are 14 situated. 15 nominee, of a member of the principal body corporate, see 16 section 24(1). 17 original owner, of a secondary lot that has been subdivided by 18 a building unit or group titles plan, see section 22. 19 relevant plan see section 12I(2). 20 residential zone means any of the following zones-- 21 (a) Floating Dwelling House Zone; 22 (b) General Residential Zone; 23 (c) Harbour, River and Waterfront Residential Zone. 24 site see section 5. 25 use, for a zone, means a use mentioned in schedule 1, part 2. 26 zone means a part of the site or adjacent site that-- 27 (a) has a name mentioned in schedule 1, part 1; and 28 (b) is shown as a zone on the proposed use plan of the site 29 or the proposed use plan of the adjacent site.'. 30 Page 36

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 34] (4) Section 4, as amended by this Act, definitions-- 1 relocate to schedule 2 as inserted by this Act. 2 (5) Section 4, as amended by this Act, `In this Act--'-- 3 omit, insert-- 4 `The dictionary in schedule 2 defines particular words used in 5 this Act.'. 6 Clause 34 Insertion of new s 4A 7 Part 1-- 8 insert-- 9 `4A Meaning of approved use for a zone 10 `An approved use for a zone is-- 11 (a) a use for the zone that is approved under a regulation as 12 a use for the zone; or 13 (b) if a change of a use for the zone is approved under part 14 2AA, the use for the zone as changed and approved 15 under a regulation.'. 16 Clause 35 Amendment of s 5 (The site) 17 (1) Section 5(1)-- 18 omit, insert-- 19 `(1) Subject to subsection (2), the site is the area of land shown on 20 the initial plan of survey of the site. 21 `(1A) If the initial plan of survey is amended under part 2AA by 22 varying the boundary of the site, the site is the area of land 23 shown on the initial plan of survey as amended.'. 24 (2) Section 5(3)-- 25 omit, insert-- 26 `(3) Despite the Local Government Act 1993, the site forms part of 27 the Gold Coast city local government area constituted under 28 that Act.'. 29 Page 37

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 36] (3) Section 5(1A) to (3)-- 1 renumber as section 5(2) to (4). 2 Clause 36 Omission of s 7 (Site divided into zones) 3 Section 7-- 4 omit. 5 Clause 37 Amendment of s 8 (Proposed use plan) 6 (1) Section 8(1) and (2)-- 7 omit, insert-- 8 `(1) Subsections (2) to (5) apply to a plan of survey defining the 9 boundaries of the zones within the site that is lodged with the 10 local government for approval.'. 11 (2) Section 8(4), `subsection (3)'-- 12 omit, insert-- 13 `subsection (2)'. 14 (3) Section 8(4), (5), (7) and (8), `Albert Shire Council'-- 15 omit, insert-- 16 `local government'. 17 (4) Section 8(5) and (8), `Director of Local Government'-- 18 omit, insert-- 19 `chief executive (local government)'. 20 (5) Section 8(7), `company'-- 21 omit, insert-- 22 `primary thoroughfare body corporate'. 23 (6) Section 8(7), `the council'-- 24 omit, insert-- 25 `the local government'. 26 Page 38

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 38] (7) Section 8(7)(a), `subsection (4)'-- 1 omit, insert-- 2 `subsection (3)'. 3 (8) Section 8(8), `subsection (7)'-- 4 omit, insert-- 5 `subsection (6)'. 6 (9) Section 8(3) to (8)-- 7 renumber as section 8(2) to (7). 8 Clause 38 Amendment of s 9 (Town planning provisions) 9 (1) Section 9(1) and (2)-- 10 omit, insert-- 11 `(1) Despite the Integrated Planning Act, the local government's 12 planning scheme under that Act does not apply to the site.'. 13 (2) Section 9(2A), `the Albert'-- 14 omit, insert-- 15 `the former Albert'. 16 (3) Section 9(2A)-- 17 renumber as section 9(2). 18 (4) Section 9(3)-- 19 omit, insert-- 20 `(3) For the Integrated Planning Act, the use of land or a building 21 or other structure in a zone of the site for an approved use for 22 the zone is taken to be a lawful use under that Act. 23 `(3A) Despite the Integrated Planning Act, a development approval 24 under that Act is not required to erect a building or other 25 structure in a zone of the site for an approved use for the 26 zone.'. 27 (5) Section 9(4), from `Within' to `that zone.'-- 28 Page 39

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 39] omit, insert-- 1 `A person must not use land, or a building or other structure, 2 in a zone of the site for a use that is not an approved use for 3 the zone.'. 4 (6) Section 9(5)-- 5 omit, insert-- 6 `(5) In this section-- 7 erect, in relation to a building or other structure, includes the 8 following-- 9 (a) doing work for the purpose of erecting the building or 10 structure; 11 (b) carrying out structural work, alterations or additions or 12 rebuilding the building or structure; 13 (c) moving the building or structure or rebuilding it, with or 14 without alteration-- 15 (i) within a parcel of land; or 16 (ii) from one parcel of land to another parcel of land; 17 or 18 (iii) so that part of the building or structure is on a 19 parcel of land and another part of the building or 20 structure is on another parcel of land.'. 21 (7) Section 9(3A) to (5), as inserted or amended by this Act-- 22 renumber as section 9(4) to (6). 23 Clause 39 Amendment of s 10 (Initial subdivision within the site) 24 (1) Section 10, `Albert Shire Council'-- 25 omit, insert-- 26 `local government'. 27 (2) Section 10, `Director of Local Government'-- 28 Page 40

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 40] omit, insert-- 1 `chief executive (local government)'. 2 (3) Section 10(8)(b), `section 8(7)'-- 3 omit, insert-- 4 `section 8(6)'. 5 Clause 40 Amendment of s 12A (The adjacent site) 6 (1) Section 12A(1)-- 7 omit, insert-- 8 `(1) Subject to subsection (2), the adjacent site is the area of land 9 shown on the initial plan of survey of the adjacent site. 10 `(1A) If the initial plan of survey of the adjacent site is amended 11 under part 2AA by varying the boundary of the adjacent site, 12 the adjacent site is the area of land shown on the initial plan 13 of survey of the adjacent site as amended.'. 14 (2) Section 12A(3)-- 15 omit, insert-- 16 `(3) Despite the Local Government Act 1993, the adjacent site 17 forms part of the Gold Coast city local government area 18 constituted under that Act.'. 19 (3) Section 12A(4), `subsection (5)'-- 20 omit, insert-- 21 `subsection (6)'. 22 (4) Section 12A(5), `subsection (4)'-- 23 omit, insert-- 24 `subsection (5)'. 25 (5) Section 12A(1A) to (5)-- 26 renumber as section 12A(2) to (6). 27 Page 41

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 41] Clause 41 Omission of s 12C (Adjacent site divided into zones) 1 Section 12C-- 2 omit. 3 Clause 42 Amendment of s 12D (Proposed use plan of the adjacent 4 site) 5 (1) Section 12D(1) and (2)-- 6 omit, insert-- 7 `(1) Subsections (2) to (5) apply to a plan of survey defining the 8 boundaries of the zones within the adjacent site that is lodged 9 with the local government for approval.'. 10 (2) Section 12D(4), `subsection (3)'-- 11 omit, insert-- 12 `subsection (2)'. 13 (3) Section 12D(4), (5), (7) and (8), `Albert Shire Council'-- 14 omit, insert-- 15 `local government'. 16 (4) Section 12D(5) and (8), `Director of Local Government'-- 17 omit, insert-- 18 `chief executive (local government)'. 19 (5) Section 12D(7), `company'-- 20 omit, insert-- 21 `primary thoroughfare body corporate'. 22 (6) Section 12D(7), `the council'-- 23 omit, insert-- 24 `the local government'. 25 (7) Section 12D(7)(a), `subsection (4)'-- 26 omit, insert-- 27 `subsection (3)'. 28 Page 42

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 43] (8) Section 12D(8), `subsection (7)'-- 1 omit, insert-- 2 `subsection (6)'. 3 (9) Section 12D(3) to (8)-- 4 renumber as section 12D(2) to (7). 5 Clause 43 Amendment of s 12E (Town planning provisions) 6 (1) Section 12E(1) and (2)-- 7 omit, insert-- 8 `(1) Despite the Integrated Planning Act, the local government's 9 planning scheme under that Act does not apply to the adjacent 10 site.'. 11 (2) Section 12E(2A), `the Albert'-- 12 omit, insert-- 13 `the former Albert'. 14 (3) Section 12E(2A)-- 15 renumber as section 12E(2). 16 (4) Section 12E(3)-- 17 omit, insert-- 18 `(3) For the Integrated Planning Act, the use of land or a building 19 or other structure in a zone of the adjacent site for an approved 20 use for the zone is taken to be a lawful use under that Act. 21 `(3A) Despite the Integrated Planning Act, a development approval 22 under that Act is not required to erect a building or other 23 structure in a zone of the adjacent site for an approved use for 24 the zone.'. 25 (5) Section 12E(4), from `Within' to `that zone.'-- 26 omit, insert-- 27 Page 43

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 44] `A person must not use land, or a building or other structure, 1 in a zone of the adjacent site for a use that is not an approved 2 use for the zone.'. 3 (6) Section 12E(4A), `subsection (4)'-- 4 omit, insert-- 5 `subsection (5)'. 6 (7) Section 12E(5)-- 7 omit, insert-- 8 `(5) In this section-- 9 erect, in relation to a building or other structure, includes the 10 following-- 11 (a) doing work for the purpose of erecting the building or 12 structure; 13 (b) carrying out structural work, alterations or additions or 14 rebuilding the building or structure; 15 (c) moving the building or structure or rebuilding it, with or 16 without alteration-- 17 (i) within a parcel of land; or 18 (ii) from one parcel of land to another parcel of land; 19 or 20 (iii) so that part of the building or structure is on a 21 parcel of land and another part of the building or 22 structure is on another parcel of land.'. 23 (8) Section 12E(3A) to (5), as inserted or amended by this Act-- 24 renumber as section 12E(4) to (7). 25 Clause 44 Amendment of s 12F (Initial subdivision within the 26 adjacent site) 27 (1) Section 12F, `Albert Shire Council'-- 28 omit, insert-- 29 `local government'. 30 Page 44

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 45] (2) Section 12F, `Director of Local Government'-- 1 omit, insert-- 2 `chief executive (local government)'. 3 (3) Section 12F(8)(b), `section 12D(7)'-- 4 omit, insert-- 5 `section 12D(6)'. 6 Clause 45 Insertion of new pt 2AA 7 After part 2A-- 8 insert-- 9 `Part 2AA Amendments by application to 10 Minister 11 `12I Amendment applications 12 `(1) The primary thoroughfare body corporate may apply to the 13 Minister under this part for any of the following 14 amendments-- 15 (a) changing an approved use for a zone by-- 16 (i) replacing the use with a different approved use; or 17 (ii) including an additional approved use for the zone; 18 (b) amending the proposed use plan of the site or the 19 proposed use plan of the adjacent site by-- 20 (i) replacing a zone name with a different zone name; 21 or 22 (ii) varying the boundary of a zone on the plan, other 23 than a variation to which section 8(6)(b) or 24 12D(6)(b) applies; 25 (c) amending the initial plan of survey of the site by varying 26 the boundary of the site; 27 Page 45

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 45] (d) amending the initial plan of survey of the adjacent site 1 by varying the boundary of the adjacent site. 2 `(2) Each of the plans mentioned in subsection (1)(b) to (d) is a 3 relevant plan. 4 `12J Application procedure 5 `(1) Before making the application, the primary thoroughfare body 6 corporate must-- 7 (a) for an amendment of a relevant plan, make the proposed 8 amended plan available for inspection by the members 9 of the primary thoroughfare body corporate and the 10 members of the principal body corporate; and 11 (b) give a written notice to each of the members of the 12 primary thoroughfare body corporate and the members 13 of the principal body corporate stating-- 14 (i) the nature of the amendment; and 15 (ii) that a member may give the primary thoroughfare 16 body corporate written comments about the 17 amendment within a period of at least 30 business 18 days after the notice is given. 19 `(2) The application must include-- 20 (a) for an amendment of a relevant plan--a copy of the 21 proposed amended plan; and 22 (b) a copy of the notice given under subsection (1)(b); and 23 (c) all written comments given to the primary thoroughfare 24 body corporate under subsection (1)(b)(ii); and 25 (d) other matters, if any, that the Minister considers are 26 necessary for deciding the application. 27 `12K Minister to consider application 28 `(1) The Minister must-- 29 Page 46

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 45] (a) consider the application including any written 1 comments included in the application; and 2 (b) consult any local government, department of 3 government or statutory authority that, in the Minister's 4 opinion, is likely to be affected by the amendment. 5 `(2) The Minister may also consult another person, if, in the 6 Minister's opinion, the person is likely to be affected by the 7 amendment. 8 `12L Decision on application 9 `The Governor in Council may, subject to section 12M-- 10 (a) approve the amendment; or 11 (b) approve the amendment with modifications or subject to 12 conditions; or 13 (c) refuse to approve the amendment. 14 `12M Minor variation of site boundaries 15 `(1) This section applies to an amendment of-- 16 (a) the initial plan of survey of the site by varying the 17 boundary of the site; or 18 (b) the initial plan of survey of the adjacent site by varying 19 the boundary of the adjacent site. 20 `(2) The Governor in Council may approve the amendment only 21 if-- 22 (a) the Governor in Council considers-- 23 (i) the proposed variation of the boundary is of a 24 minor nature; and 25 (ii) the total area of the site or adjacent site will not be 26 materially changed because of the variation; and 27 (b) neither the aggregate number of the lots on the plan nor 28 the aggregate voting entitlements for the lots will be 29 changed because of the variation; and 30 Page 47

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 45] (c) each affected land owner has given the owner's written 1 consent to the variation. 2 `(3) In this section-- 3 affected land owner means the owner of land, outside the site 4 or adjacent site, that is-- 5 (a) proposed under the amendment application to be 6 incorporated as part of Sanctuary Cove Resort; or 7 (b) otherwise affected by the proposed variation of the site 8 boundary. 9 `12N Approval of change of use for zone 10 `If the Governor in Council approves an amendment to change 11 an approved use for a zone, the amendment does not take 12 effect until it has been approved under a regulation. 13 `12O Approval of amendment of relevant plan 14 `(1) This section applies if the Governor in Council approves an 15 amendment of a relevant plan under this part. 16 `(2) The chief executive must-- 17 (a) notify the approval of the amendment by a gazette 18 notice stating-- 19 (i) the amendment that has been approved; and 20 (ii) the modifications, if any, made by the approval and 21 the conditions, if any, to which the approval is 22 subject; and 23 (iii) the places where a copy of the approval is available 24 for inspection; and 25 (b) keep a copy of the approval available for inspection at 26 the office of the chief executive at Brisbane during 27 business hours; and 28 (c) note the approval on the amended plan; and 29 Page 48

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 46] (d) give to the registrar of titles and the local government a 1 copy of-- 2 (i) the approved amendment; and 3 (ii) the amended plan endorsed under paragraph (c). 4 `(3) The chief executive must, on payment by a person of the 5 reasonable fee decided by the chief executive, give a copy of 6 the amendment to the person. 7 `(4) The registrar of titles must register the amended relevant 8 plan.'. 9 Clause 46 Amendment of s 15 (Subdivision of secondary lots) 10 (1) Section 15-- 11 insert-- 12 `(2CA) A group titles plan mentioned in subsection (2) or (2A) that is 13 submitted to the local government must be accompanied by a 14 diagram showing the name and numbering, or proposed name 15 and numbering, of each road that is, or is to be, on-- 16 (a) the primary thoroughfare, or the part of the primary 17 thoroughfare, shown on the plan; and 18 (b) each secondary thoroughfare, or part of a secondary 19 thoroughfare, shown on the plan.'. 20 (2) Section 15(3), `Albert Shire Council'-- 21 omit, insert-- 22 `local government'. 23 Clause 47 Amendment of s 15A (Plan of survey where variation of 24 boundary approved) 25 (1) Section 15A(1), `section 8(7) or 12D(7)'-- 26 omit, insert-- 27 `section 8(6) or 12D(6)'. 28 (2) Section 15A(2), `Albert Shire Council'-- 29 Page 49

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 48] omit, insert-- 1 `local government'. 2 (3) Sections 15A(3), `director of local government'-- 3 omit, insert-- 4 `chief executive (local government)'. 5 Clause 48 Amendment of s 21A (Subdivision of land outside 6 residential zones) 7 (1) Section 21A, `Albert Shire Council'-- 8 omit, insert-- 9 `local government'. 10 (2) Sections 21A(3), `director of local government'-- 11 omit, insert-- 12 `chief executive (local government)'. 13 (3) Section 21A(4), `the council'-- 14 omit, insert-- 15 `the local government'. 16 (4) Section 21A(3) and (4)-- 17 renumber as section 21A(4) and (5). 18 (5) Section 21A-- 19 insert-- 20 `(3) A plan of subdivision lodged with the local government under 21 this section must be accompanied by a diagram showing the 22 name and numbering, or proposed name and numbering, of 23 each road that is, or is to be, on the primary thoroughfare, or 24 the part of the primary thoroughfare, shown on the plan.'. 25 Clause 49 Amendment of s 22 (Interpretation) 26 (1) Section 22, heading-- 27 Page 50

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 50] omit, insert-- 1 `22 Definitions for pt 3'. 2 (2) Section 22-- 3 insert-- 4 `financial year means a period in relation to which the 5 principal body corporate is required under section 33(1)(f) to 6 prepare a statement of accounts. 7 nominee, of a member of the principal body corporate, see 8 section 24(1). 9 original owner, of a secondary lot that has been subdivided by 10 a building unit or group titles plan, means the person who was 11 the registered owner of the lot immediately before it was 12 subdivided by the plan.'. 13 Clause 50 Insertion of new s 22A 14 After section 22-- 15 insert-- 16 `22A References to standard module 17 `(1) In this part, the information included in square brackets after a 18 section heading is a reference to a similar section of the Body 19 Corporate and Community Management (Standard Module) 20 Regulation 2008. 21 `(2) The brackets and information do not form part of this Act.'. 22 Clause 51 Replacement of s 24 (Member's nominee) 23 Section 24-- 24 omit, insert-- 25 `24 Member's nominee 26 `(1) This section applies to a member of the principal body 27 corporate for appointing a person (a nominee) to represent 28 and vote on behalf of the member at meetings of the principal 29 body corporate. 30 Page 51

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 51] `(2) A member of the principal body corporate that is itself a body 1 corporate created by the registration of a group titles plan or a 2 building units plan (a subsidiary body corporate)-- 3 (a) must appoint a nominee at its annual general meeting; 4 and 5 (b) otherwise, may appoint a nominee from time to time. 6 `(3) A member of the principal body corporate, other than a 7 subsidiary body corporate, may appoint a nominee from time 8 to time. 9 `(4) Subject to section 24A, a nominee appointed by a subsidiary 10 body corporate must be a member of the subsidiary body 11 corporate. 12 `(5) The appointment of a nominee has no effect until written 13 notice of the appointment is received by the secretary of the 14 principal body corporate. 15 `(6) A nominee appointed by a subsidiary body corporate must 16 represent the subsidiary body corporate-- 17 (a) in the way the subsidiary body corporate directs; and 18 (b) subject to subparagraph (a), in a way that is in the best 19 interests of the subsidiary body corporate. 20 `(7) The appointment of a nominee for a member ends when the 21 first of the following happens-- 22 (a) the end of 1 year after the appointment; 23 (b) the secretary of the principal body corporate receives 24 written notice of-- 25 (i) the cancellation of the nominee's appointment; or 26 (ii) the appointment of another nominee for the 27 member. 28 `(8) A written notice under subsection (5) or (7)(b) must be 29 signed-- 30 (a) for an appointment or cancellation made by a subsidiary 31 body corporate--by the chairperson and secretary of the 32 Page 52

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 52] subsidiary body corporate; or 1 (b) otherwise--by the member. 2 `24A When original owner can not be nominee for body 3 corporate 4 `(1) This section applies if more than 50% of the lots created by 5 the registration of a group titles plan or building units plan 6 subdividing a secondary lot are no longer owned by the 7 original owner of the secondary lot. 8 `(2) The body corporate created by the registration of the plan can 9 not appoint as its nominee-- 10 (a) the original owner; or 11 (b) an associate (an ineligible associate) of the original 12 owner who is not 1 of the proprietors constituting the 13 body corporate. 14 `(3) If the original owner or an ineligible associate of the original 15 owner is already a nominee for the body corporate-- 16 (a) a general meeting of the body corporate must be held 17 within 2 months; and 18 (b) if it is not sooner ended, the owner's or associate's 19 appointment as the nominee ends at the next general 20 meeting of the body corporate.'. 21 Clause 52 Amendment of s 47A (Principal body corporate manager) 22 (1) Section 47A(1), `subsection (2)'-- 23 omit, insert-- 24 `subsections (2), (8), (9) and (10)'. 25 (2) Section 47A(9)-- 26 renumber as section 47A(11). 27 (3) Section 47A(8)-- 28 Page 53

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 53] omit, insert-- 1 `(8) The term of appointment of the body corporate manager (after 2 allowing for any rights or options of extension or renewal, 3 whether provided for in the instrument of appointment or 4 subsequently agreed to) must not be longer than 3 years. 5 Example-- 6 The appointment of a body corporate manager begins on 1 January 2009 7 and is for a term of 3 years. The appointment can not end later than 31 8 December 2011. 9 `(9) If the term of appointment purports to be longer than 3 years, 10 it is taken to be 3 years. 11 `(10) To remove any doubt, it is declared that at the end of the term 12 of appointment of a person as the body corporate manager-- 13 (a) the appointment expires; and 14 (b) the person can not act again as the body corporate 15 manager without a new appointment.'. 16 Clause 53 Insertion of new pt 3, divs 2B and 2C 17 Part 3-- 18 insert-- 19 `Division 2B Proxies for general meetings of 20 principal body corporate 21 `47B Application of div 2B 22 `This division applies to the appointment and use of a proxy to 23 represent a member of the principal body corporate at a 24 general meeting of the principal body corporate. 25 `47C Appointment [SM, s 107] 26 `(1) Subject to subsections (2) to (5), a person entitled to vote at 27 the general meeting may appoint a proxy to act for the person 28 at the general meeting. 29 Page 54

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 53] `(2) The principal body corporate may by special resolution 1 prohibit the use of proxies-- 2 (a) for particular things described in the special resolution; 3 or 4 (b) altogether. 5 `(3) An appointment under subsection (1) has effect subject to the 6 operation of a special resolution under subsection (2). 7 `(4) A person must not hold-- 8 (a) if there are 20 or more lots for which there are voting 9 entitlements for the meeting--proxies greater in number 10 than 5% of the lots; or 11 (b) if there are fewer than 20 lots for which there are voting 12 entitlements for the meeting--more than 1 proxy. 13 `(5) The appointment of a proxy is effective only if the person or 14 the holder of the proxy gives, by hand, post or facsimile, a 15 properly completed proxy form to the secretary of the 16 principal body corporate before-- 17 (a) the start of the meeting where the proxy is to be 18 exercised; or 19 (b) if the principal body corporate has fixed an earlier time 20 by which proxies must be given (that can not, however, 21 be earlier than 24 hours before the time fixed for the 22 meeting)--the earlier time. 23 `47D Form of proxy [SM, s 108] 24 `A proxy under this division-- 25 (a) must be in the approved form; and 26 (b) must be in the English language; and 27 (c) can not be irrevocable; and 28 (d) can not be transferred by the holder of the proxy to a 29 third person; and 30 Page 55

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 53] (e) lapses at the end of the principal body corporate's 1 financial year or at the end of a shorter period stated in 2 the proxy; and 3 (f) may be given by any person who has the right to vote at 4 a general meeting; and 5 (g) subject to the limitations contained in this division, may 6 be given to any individual; and 7 (h) must appoint a named individual. 8 `47E Use of proxy [SM, s 109] 9 `(1) A member of the principal body corporate (member A) who is 10 the proxy for another member of the principal body corporate 11 (member B) may vote both in member A's own right and also 12 as proxy of member B. 13 `(2) If at least 1 co-owner of a lot is present at the general meeting, 14 a proxy given by another co-owner of the lot is of no effect. 15 `(3) A vote by proxy must not be exercised at the general 16 meeting-- 17 (a) if the member who gave the proxy is personally present 18 at the meeting, unless the member consents at the 19 meeting; or 20 (b) on a particular motion, if the person who gave the proxy 21 has exercised a written or electronic vote on the motion; 22 or 23 (c) on a ballot for the election of a member of the executive 24 committee, or for otherwise choosing a member of the 25 executive committee; or 26 (d) for voting for a special resolution prohibiting, wholly or 27 partly, the use of proxies at executive committee 28 meetings or general meetings; or 29 (e) for voting for a majority resolution; or 30 (f) on a motion approving-- 31 Page 56

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 53] (i) the engagement of a person as the body corporate 1 manager, a service contractor, or the authorisation 2 of a person as a letting agent; or 3 (ii) the amendment or termination of an engagement or 4 authorisation mentioned in subparagraph (i); or 5 (g) on a motion decided by secret ballot. 6 `(4) A proxy may be exercised by-- 7 (a) the proxy holder voting in a show of hands at a general 8 meeting; or 9 (b) the proxy holder completing a written or electronic vote 10 on a motion before the start of, or at, the general 11 meeting. 12 `(5) In this section-- 13 majority resolution means a resolution that may be passed by 14 members of the principal body corporate whose voting 15 entitlements are more than 50% of the total of all voting 16 entitlements recorded in the principal body corporate's roll 17 under section 34. 18 `47F Special provisions about proxy use [SM, s 110] 19 `(1) A member of the principal body corporate can not be 20 prevented by contract from exercising a vote at the general 21 meeting, and can not be required by contract to make 22 someone else the member's proxy for voting at the general 23 meeting. 24 `(2) A proxy can not be exercised for someone else by-- 25 (a) the original owner of a secondary lot; or 26 (b) a body corporate manager for-- 27 (i) the primary thoroughfare body corporate; or 28 (ii) the principal body corporate; or 29 (iii) a body corporate created by the registration of a 30 group titles plan or building units plan subdividing 31 a secondary lot; or 32 Page 57

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 53] (c) an associate of a person mentioned in paragraph (a) or 1 (b), unless the associate is 1 of the proprietors 2 constituting a body corporate that is itself a member of 3 the principal body corporate. 4 `47G Offence [SM, s 111] 5 `A person must not exercise a proxy, or otherwise purport to 6 vote on behalf of another person, at the general meeting of the 7 principal body corporate knowing that the person does not 8 have the right to exercise the proxy or otherwise vote on 9 behalf of the other person. 10 Maximum penalty--100 penalty units. 11 `Division 2C Accounts and audit 12 `47H Application of div 3B 13 `This division applies to the principal body corporate for 14 preparing a statement of accounts under section 33(1)(f). 15 `47I Accounts [SM, s 154] 16 `(1) The statement of accounts may be prepared on a cash or 17 accrual basis. 18 `(2) If the accounts are prepared on a cash basis, they must include 19 disclosure of the following-- 20 (a) the total amounts paid to the fund established under 21 section 331(1)(i) and the account established under 22 section 33(1)(k); 23 (b) total contributions in arrears; 24 (c) balances for all financial institution accounts and 25 investments; 26 (d) all outstanding receipts and payments. 27 Page 58

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 53] `(3) If the accounts are prepared on an accrual basis, they must 1 show the assets and liabilities of the principal body corporate 2 at the end of the financial year for which the accounts are 3 prepared. 4 `(4) The statement of accounts must include-- 5 (a) the corresponding figures for the previous financial 6 year; and 7 (b) disclosure of all remuneration, allowances or expenses 8 paid to members of the executive committee, identifying 9 the total amounts paid to each member during the 10 financial year under the following categories-- 11 (i) remuneration or allowances; 12 (ii) expenses, split up into travelling, accommodation, 13 meal and other expenses. 14 `(5) A copy of the statement of accounts must accompany the 15 notice of the annual general meeting first happening after the 16 end of the financial year for which the accounts are prepared. 17 `47J Audit [SM, s 155] 18 `(1) The principal body corporate must have its statement of 19 accounts for each financial year of the body corporate audited 20 by an auditor. 21 `(2) The auditor to be appointed must be agreed to by ordinary 22 resolution of the principal body corporate. 23 `(3) The motion for agreeing to the auditor to be appointed-- 24 (a) must be included in the agenda for the general meeting 25 where the motion is to be considered; and 26 (b) must include the name of the auditor proposed to be 27 appointed. 28 `(4) Also, the body corporate may, by ordinary resolution-- 29 (a) resolve to have its accounting records audited for a 30 particular period or a particular project; and 31 (b) appoint an auditor for the audit. 32 Page 59

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 53] `(5) A member of the executive committee, the body corporate 1 manager, or an associate of a member of the executive 2 committee or body corporate manager, can not be appointed 3 to audit the accounting records or the statement of accounts of 4 the principal body corporate. 5 `(6) On finishing an audit of the principal body corporate's 6 statement of accounts for a financial year, the auditor must 7 give a certificate-- 8 (a) stating whether the statement of accounts gives a true 9 and fair view of the principal body corporate's financial 10 affairs; and 11 (b) if the statement of accounts does not give a true and fair 12 view of the principal body corporate's financial 13 affairs--identifying the deficiencies in the statement. 14 `(7) A copy of the auditor's certificate must accompany the notice 15 of the next annual general meeting held after the certificate is 16 given. 17 `(8) In this section-- 18 auditor means-- 19 (a) a person who is a registered company auditor; or 20 (b) a person who-- 21 (i) is a member of-- 22 (A) CPA Australia and entitled to use the letters 23 `CPA' or `FCPA'; or 24 (B) the Institute of Chartered Accountants in 25 Australia and entitled to use the letters `CA' 26 or `FCA'; or 27 (C) the National Institute of Accountants and 28 entitled to use the letters `MNIA', `FNIA', 29 `PNA' or `FPNA'; and 30 (ii) has a total of 2 years auditing experience, whether 31 or not continuous.'. 32 Page 60

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 54] Clause 54 Replacement of s 64A (Maintenance etc. of canals) 1 Section 64A-- 2 omit, insert-- 3 `64A Maintenance etc. of canals 4 `The principal body corporate must preserve, maintain and 5 keep clean a canal, or the part of a canal, that is part of a 6 secondary thoroughfare.'. 7 Clause 55 Amendment of s 64B (Surrender of secondary 8 thoroughfare as canal) 9 (1) Section 64B(1)-- 10 omit, insert-- 11 `(1) This section applies to a canal, including the part of a canal, 12 that is part of a secondary thoroughfare.'. 13 (2) Section 64B, `Albert Shire Council'-- 14 omit, insert-- 15 `local government'. 16 (3) Section 64B, `Canals Act 1958'-- 17 omit, insert-- 18 `Coastal Protection and Management Act 1995'. 19 (4) Section 64B(2), `a canal'-- 20 omit, insert-- 21 `the canal'. 22 Clause 56 Amendment of s 65 (Interpretation) 23 (1) Section 65, heading-- 24 omit, insert-- 25 `65 Definitions for pt 5'. 26 (2) Section 65-- 27 Page 61

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 57] insert-- 1 `financial year, for the primary thoroughfare body corporate, 2 means a period in relation to which the primary thoroughfare 3 body corporate is required under section 77(1)(f) to prepare a 4 statement of accounts.'. 5 Clause 57 Insertion of new s 65A 6 After section 65-- 7 insert-- 8 `65A References to standard module 9 `(1) In this part, the information included in square brackets after a 10 section heading is a reference to a similar section of the Body 11 Corporate and Community Management (Standard Module) 12 Regulation 2008. 13 `(2) The brackets and information do not form part of this Act.'. 14 Clause 58 Amendment of s 91A (Primary thoroughfare body 15 corporate manager) 16 (1) Section 91A(1), `subsection (2)'-- 17 omit, insert-- 18 `subsections (2), (8), (9) and (10)'. 19 (2) Section 91A(9)-- 20 renumber as section 91A(11). 21 (3) Section 91A(8)-- 22 omit, insert-- 23 `(8) The term of appointment of the body corporate manager (after 24 allowing for any rights or options of extension or renewal, 25 whether provided for in the instrument of appointment or 26 subsequently agreed to) must not be longer than 3 years. 27 Page 62

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 59] Example-- 1 The appointment of a body corporate manager begins on 1 January 2009 2 and is for a term of 3 years. The appointment can not end later than 31 3 December 2011. 4 `(9) If the term of appointment purports to be longer than 3 years, 5 it is taken to be 3 years. 6 `(10) To remove any doubt, it is declared that at the end of the term 7 of appointment of a person as the body corporate manager-- 8 (a) the appointment expires; and 9 (b) the person can not act again as the body corporate 10 manager without a new appointment.'. 11 Clause 59 Insertion of new pt 5, div 2B 12 Part 5-- 13 insert-- 14 `Division 2B Proxies for principal body corporate 15 at general meetings of primary 16 thoroughfare body corporate 17 `91B Application of div 2B [SM, s 106] 18 `This division applies to the appointment and use of a proxy to 19 represent the principal body corporate at a general meeting of 20 the primary thoroughfare body corporate. 21 `91C Appointment [SM, s 107] 22 `(1) Subject to subsection (2), the principal body corporate may 23 appoint a proxy to act for the body corporate at the general 24 meeting. 25 `(2) The appointment of a proxy is effective only if the principal 26 body corporate or the holder of the proxy gives, by hand, post 27 or facsimile, a properly completed proxy form to the secretary 28 of the primary thoroughfare body corporate before-- 29 Page 63

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 59] (a) the start of the meeting where the proxy is to be 1 exercised; or 2 (b) if the primary thoroughfare body corporate has fixed an 3 earlier time by which proxies must be given (that can 4 not, however, be earlier than 24 hours before the time 5 fixed for the meeting)--the earlier time. 6 `91D Form of proxy [SM, s 108] 7 `A proxy given under this division-- 8 (a) must be in the approved form; and 9 (b) must be in the English language; and 10 (c) can not be irrevocable; and 11 (d) can not be transferred by the holder of the proxy to a 12 third person; and 13 (e) lapses at the end of the primary thoroughfare body 14 corporate's financial year or at the end of a shorter 15 period stated in the proxy; and 16 (f) may be given by any person who has the right to vote at 17 a general meeting; and 18 (g) subject to the limitations contained in this division, may 19 be given to any individual; and 20 (h) must appoint a named individual. 21 `91E Use of proxy [SM, s 109] 22 `(1) A member of the primary thoroughfare body corporate who is 23 the proxy for the principal body corporate may vote both in 24 the member's own right and also as proxy of the principal 25 body corporate. 26 `(2) A vote by proxy must not be exercised on behalf of the 27 principal body corporate at the general meeting-- 28 (a) if the person appointed to represent the principal body 29 corporate under section 67(1) is personally present at 30 Page 64

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 59] the meeting, unless the person consents at the meeting; 1 or 2 (b) on a particular motion, if a written or electronic vote has 3 been exercised on the motion on behalf of the principal 4 body corporate; or 5 (c) on a ballot for the election of a member of the executive 6 committee, or for otherwise choosing a member of the 7 executive committee; or 8 (d) for voting for a special resolution prohibiting, wholly or 9 partly, the use of proxies at executive committee 10 meetings or general meetings; or 11 (e) for voting for a majority resolution; or 12 (f) on a motion approving-- 13 (i) the engagement of a person as the body corporate 14 manager, a service contractor, or the authorisation 15 of a person as a letting agent; or 16 (ii) the amendment or termination of an engagement or 17 authorisation mentioned in subparagraph (i); or 18 (g) on a motion decided by secret ballot. 19 `(3) A proxy may be exercised by-- 20 (a) the proxy holder voting in a show of hands at a general 21 meeting; or 22 (b) the proxy holder completing a written or electronic vote 23 on a motion before the start of, or at, the general 24 meeting. 25 `(4) In this section-- 26 majority resolution means a resolution that may be passed by 27 members of the primary thoroughfare body corporate whose 28 voting entitlements are more than 50% of the total of all 29 voting entitlements recorded in the primary thoroughfare 30 body corporate's roll under section 78. 31 Page 65

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 60] `91F Special provisions about proxy use [SM, s 110] 1 `(1) The principal body corporate can not be prevented by contract 2 from exercising a vote at the general meeting, and can not be 3 required by contract to make someone else the body 4 corporate's proxy for voting at the general meeting. 5 `(2) A proxy can not be exercised for the principal body corporate 6 by-- 7 (a) the original owner of a secondary lot; or 8 (b) a body corporate manager for-- 9 (i) the primary thoroughfare body corporate; or 10 (ii) the principal body corporate; or 11 (iii) a body corporate created by the registration of a 12 group titles plan or building units plan subdividing 13 a secondary lot; or 14 (c) an associate of a person mentioned in paragraph (a) or 15 (b), unless the associate is 1 of the proprietors 16 constituting a body corporate that is itself a member of 17 the principal body corporate. 18 `91G Offence [SM, s 111] 19 `A person must not exercise a proxy, or otherwise purport to 20 vote on behalf of the principal body corporate, at the general 21 meeting of the primary thoroughfare body corporate knowing 22 that the person does not have the right to exercise the proxy or 23 otherwise vote on behalf of the principal body corporate. 24 Maximum penalty--100 penalty units.'. 25 Clause 60 Amendment of s 103 (Application of laws of the State) 26 (1) Section 103(3)-- 27 omit, insert-- 28 `(3) The Coastal Protection and Management Act 1995 and the 29 Integrated Planning Act do not apply to the development, or 30 Page 66

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 61] proposed development, of a part of the site as a harbour 1 facility. 2 `(4) In this section-- 3 harbour facility see schedule 1, part 3.'. 4 Clause 61 Insertion of new pt 8, div 1 hdg 5 Part 8, after part 8 heading-- 6 insert-- 7 `Division 1 Dispute resolution'. 8 Clause 62 Amendment of s 104A (Dealing with disputes) 9 Section 104A-- 10 insert-- 11 `(2) However, this section-- 12 (a) does not apply to a matter mentioned in section 104B; 13 and 14 (b) is subject to section 104C.'. 15 Clause 63 Insertion of new ss 104B and 104C, pt 8, div 2 hdg and 16 s 104D 17 After section 104A, as amended by this Act-- 18 insert-- 19 `104B Dealing with matter relating to development control 20 by-law 21 `(1) The Commercial and Consumer Tribunal may review or 22 otherwise deal with a matter relating to-- 23 (a) a decision of the principal body corporate about a 24 development control by-law; or 25 (b) contravention or alleged contravention of a development 26 control by-law. 27 Page 67

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 63] `(2) Each of the following persons may apply to the tribunal to 1 deal with a matter under subsection (1) if the person has 2 standing to make the application-- 3 (a) the principal body corporate; 4 (b) a body corporate created by the registration of a group 5 titles plan or building units plan subdividing a 6 secondary lot in a residential zone; 7 (c) a proprietor or occupier of, or a person having an estate 8 or interest in, a lot in a residential zone. 9 `(3) For subsection (2), a person has standing to make the 10 application if the person is directly and materially affected by 11 the matter to which the application relates. 12 Example-- 13 A proprietor of a lot in a residential zone alleges that the amenity of the 14 lot has been, or will be, adversely affected by development authorised 15 under a development control by-law in an adjoining residential zone. 16 `(4) If, in dealing with a matter mentioned in subsection (1), the 17 tribunal substitutes a development control by-law, section 18 95(5) does not apply to the substituted by-law. 19 `(5) This section is subject to section 104C. 20 `104C Internal dispute resolution processes to be used 21 before application 22 `(1) This section applies to-- 23 (a) a referee for deciding an application for an order under 24 the Building Units and Group Titles Act 1980, part 5, 25 relating to a dispute about a matter mentioned in section 26 104A; and 27 (b) the Commercial and Consumer Tribunal for deciding an 28 application about a matter mentioned in section 104B. 29 `(2) The referee or tribunal must not decide the application unless 30 the referee or tribunal is satisfied the applicant has made 31 reasonable attempts to resolve the dispute or matter by using 32 internal dispute resolution processes. 33 Page 68

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 63] Examples of internal dispute resolution processes-- 1 · the parties to a dispute communicating with each other 2 · the applicant writing to the committee for the principal body 3 corporate 4 · the applicant causing a motion to be presented for consideration at a 5 general meeting of the principal body corporate 6 `Division 2 Other matters 7 `104D Associates 8 `(1) For this Act, a person is associated with someone else if-- 9 (a) a relationship of a type to which this section applies 10 exists between them; or 11 (b) a series of relationships of a type to which this section 12 applies can be traced between them through another 13 person or other persons. 14 `(2) This section applies to relationships of the following types-- 15 (a) marriage or de facto partnership; 16 (b) the relationship of ascendant and descendant (including 17 the relationship of parent and child) or the relationship 18 of persons who have a parent or grandparent in 19 common; 20 (c) business partnership; 21 (d) the relationship of employer and employee; 22 (e) a fiduciary relationship; 23 (f) the relationship of persons, 1 of whom is accustomed, or 24 under an obligation (whether formal or informal), to act 25 in accordance with the directions, instructions or wishes 26 of the other; 27 (g) the relationship of a corporation and executive officer of 28 the corporation; 29 Page 69

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 64] (h) the relationship of a corporation and a person who is in a 1 position to control or substantially influence the 2 corporation's conduct. 3 `(3) Despite subsection (2)(e) and (f), the owner of a secondary lot 4 or lot on a group titles plan or building units plan and a letting 5 agent for the Sanctuary Cove Resort or part of the resort are 6 not associated merely because of their relationship as owner 7 and letting agent. 8 `(4) In this section-- 9 executive officer, of a corporation, means a person who is 10 concerned with, or takes part in, the corporation's 11 management, whether or not the person is a director or the 12 person's position is given the name of executive officer. 13 letting agent, for the resort or part of the resort, means a 14 person authorised by a body corporate to conduct a letting 15 agent business for the resort or part.'. 16 Clause 64 Insertion of new pt 10 17 After section 112-- 18 insert-- 19 `Part 10 Transitional provisions for 20 Resorts and Other Legislation 21 Amendment Act 2008 22 `113 Definition for pt 10 23 `In this section-- 24 commencement means the commencement of this section. 25 `114 Existing term of appointment for body corporate 26 manager 27 `(1) This section applies if-- 28 Page 70

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 64] (a) before the commencement, a body corporate manager 1 was appointed for-- 2 (i) the principal body corporate under section 47A; or 3 (ii) the primary thoroughfare body corporate under 4 section 91A; and 5 (b) the term of the appointment has not ended. 6 `(2) The term of the appointment ends on the day provided for in 7 the instrument of appointment. 8 `(3) For subsection (2), the term of the appointment provided for 9 in the instrument of appointment includes rights or options of 10 extension or renewal provided for in the instrument of 11 appointment. 12 `(4) This section applies despite sections 47A(8) and (9) and 13 91A(8) and (9). 14 `115 End of appointment of original owner of secondary 15 lot as nominee for subsidiary body corporate 16 `(1) This section applies if-- 17 (a) before the commencement-- 18 (i) a subsidiary body corporate under a building units 19 or group titles plan appointed as its nominee under 20 section 24, the original owner of the secondary lot 21 subdivided by the plan or an ineligible associate of 22 the original owner; and 23 (ii) the original owner ceased to own more than 50% 24 of the lots; and 25 (b) immediately before the commencement, the original 26 owner or ineligible associate was still the nominee for 27 the subsidiary body corporate. 28 `(2) Despite section 24A, the owner's or associate's appointment 29 as the nominee for the subsidiary body corporate ends when 30 the first of the following happens-- 31 (a) the end of 6 months after the commencement; 32 Page 71

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 65] (b) the secretary of the principal body corporate receives a 1 written notice under section 24(7)(b) of-- 2 (i) the cancellation of the appointment; or 3 (ii) the appointment of another nominee for the 4 subsidiary body corporate. 5 `(3) In this section-- 6 ineligible associate see section 24A(2)(b). 7 subsidiary body corporate, under a building units or group 8 titles plan subdividing a secondary lot within a residential 9 zone, means the body corporate created by the registration of 10 the plan. 11 `116 Auditing accounts for first annual general meeting 12 after commencement 13 `(1) This section applies if-- 14 (a) before the commencement-- 15 (i) the principal body corporate authorised a person to 16 prepare a statement of accounts under section 17 33(1)(f) for adoption at the body corporate's 18 annual general meeting; and 19 (ii) the person started to prepare the statement of 20 accounts; and 21 (b) the annual general meeting has not happened. 22 `(2) Section 47J does not apply for auditing the statement of 23 accounts for the period to which the authorisation relates.'. 24 Clause 65 Amendment of sch A (Uses permitted within zones) 25 (1) Schedule A, heading-- 26 omit, insert-- 27 Page 72

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 65] `Schedule 1 Names of and uses for zones 1 section 4, definitions use and zone'. 2 (2) Schedule A, as amended by this Act, item 1, definition 3 harbour facility, `has been developed'-- 4 omit, insert-- 5 `has been, or is intended to be, developed'. 6 (3) Schedule A, as amended by this Act, item 1, `1. In this 7 schedule--'-- 8 omit, insert-- 9 `Part 1 Names of zones 10 Administration Zone 11 Floating Dwelling House Zone 12 General Residential Zone 13 Golf Course Zone 14 Harbour Zone 15 Harbour, River and Waterfront Residential Zone 16 International Hotel Zone 17 Primary Thoroughfare Zone 18 Recreation Club Zone 19 Village Zone 20 `Part 2 Uses for zones 21 · accommodation units 22 Page 73

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 65] · brewery 1 · car hire premises 2 · catering facility 3 · child care centre 4 · club 5 · commercial premises 6 · commissary 7 · dwelling house 8 · educational establishment 9 · fauna park 10 · floating dwelling house 11 · gatehouse 12 · harbour facility 13 · health care institution 14 · helipad 15 · indoor entertainments 16 · international hotel 17 · lake 18 · landscaping 19 · licensed premises 20 · liquid fuel depot 21 · marina 22 · motel 23 · outdoor entertainment 24 · park 25 · place of assembly 26 · place of worship 27 Page 74

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 66] · plant nursery 1 · premises 2 · recreation 3 · recreation club 4 · service station 5 · shop 6 · site maintenance depot 7 · special dwelling house 8 · thoroughfare 9 · transport terminal 10 · utility undertaking 11 · vehicular parking area 12 · veterinary surgery 13 · visitor information centre 14 · waste transfer facility 15 · water recreation 16 · yacht club 17 `Part 3 Definitions of uses for zones 18 `In part 2--'. 19 (3) Schedule A, as amended by this Act, item 2 and table-- 20 omit. 21 Clause 66 Replacement of schs B-E 22 Schedules B to E-- 23 Page 75

 


 

Resorts and Other Legislation Amendment Bill 2008 Part 4 Amendment of Sanctuary Cove Resort Act 1985 [s 66] omit, insert-- 1 `Schedule 2 Dictionary 2 section 4'. 3 Page 76

 


 

Resorts and Other Legislation Amendment Bill 2008 Schedule Schedule Minor amendments of 1 Sanctuary Cove Resort Act 2 1985 3 section 29 4 1 Sections 4, definitions proposed use plan and proposed 5 use plan of the adjacent site, 13, 52, 54(1), 58, 59, 61, 6 63(b), 64, 106(1) and 108, `Albert Shire Council'-- 7 omit, insert-- 8 `local government'. 9 2 Sections 13(5B), `Director of Local Government'-- 10 omit, insert-- 11 `chief executive (local government)'. 12 3 Section 51, heading, `Albert Shire Council'-- 13 omit, insert-- 14 `Local government'. 15 4 Section 51, `the Albert Shire Council'-- 16 omit, insert-- 17 `the local government'. 18 5 Section 106, heading, `Albert Shire Council'-- 19 omit, insert-- 20 `local government'. 21 Page 77

 


 

© State of Queensland 2008

 


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