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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 167
Nuisances
167 Nuisances
(1) The occupier of a lot included in a community titles scheme must not use,
or permit the use of, the lot or the common property in a way that— (a)
causes a nuisance or hazard; or
(b) interferes unreasonably with the use or
enjoyment of another lot included in the scheme; or
(c) interferes
unreasonably with the use or enjoyment of the common property by a person who
is lawfully on the common property.
(2) Without limiting subsection (1) , the
occupier contravenes this section if— (a) the occupier regularly uses, or
regularly permits an invitee to use, a smoking product on the lot or the
common property of the scheme; and
(b) an occupier of another lot or an
invitee of the occupier of the other lot, or a person who is lawfully on the
common property, is regularly exposed to the smoke or emission from the
smoking product— (i) in the other lot; or
(ii) on the common property.
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