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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997
- As at 6 June 2024
- Act 28 of 1997
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
1. Short title
PART 2 - OBJECT AND ACHIEVEMENT OF OBJECT
2. Primary object
3. How primary object is to be achieved
4. Secondary objects
PART 3 - INTERPRETATION
5. Dictionary
6. Use of certain tags
7. Use of illustrations
8. References
PART 4 - KEY TERMS AND CONCEPTS
Division 1 - Community titles scheme
9. Basic concept for Act—community titles scheme
10. Meaning of community titles scheme
11. Meaning of body corporate assets
12. Meaning of community management statement
13. Meaning of original owner
14. Meaning of body corporate manager
15. Meaning of service contractor
16. Meaning of letting agent and letting agent business
17. Meaning of lease-back scheme and lease-back scheme operator
Division 2 - Concept of layered arrangement
18. Meaning of layered arrangement of community titles schemes
19. Provisions about lots that are community titles schemes
Division 3 - Utility infrastructure
20. Utility infrastructure as common property
Division 4 - Regulation modules
21. Meaning of regulation module
CHAPTER 2 - BASIC OPERATION OF COMMUNITY TITLES SCHEMES
PART 1 - ESTABLISHMENT OF COMMUNITY TITLES SCHEMES
22. Names of community titles schemes
23. Reservation of name
24. Establishment of community titles scheme
25. Changing scheme by new community management statement
26. Changing structure of scheme
27. Establishing structures through combination
28. Enlarging the number of lots through progressive subdivision
29. Notice about change of scheme being developed progressively
PART 2 - BODIES CORPORATE
30. Creation of body corporate for community titles scheme
31. Membership of body corporate for community titles scheme
32. Corporations Act does not apply to body corporate
33. Name of body corporate
34. (Repealed)
PART 3 - COMMON PROPERTY
Division 1 - General provisions
35. Ownership of common property
36. Rights and responsibilities for common property
37. Creating common property (no new scheme)
38. Creating common property by subdivision (no new scheme)
39. Creating common property from scheme land (new scheme)
Division 2 - Body corporate acquisition of, and dealing with, lot included in its own scheme
40. Acquisition for letting agent purposes
41. Lease
42. Prohibition on benefits
43. Effect of ending of authorisation
44. Body corporate interest in lot included in its own scheme
PART 4 - BODY CORPORATE ASSETS
45. Ownership and enjoyment of body corporate assets
PART 5 - LOT ENTITLEMENTS
46. Lot entitlements
46A. Principles for deciding contribution schedule lot entitlements
46B. Principle for deciding interest schedule lot entitlements
47. Application of lot entitlements
47A. Adjustment of contribution schedule by resolution without dissent
47AA. Dispute about resolution under s 47A
47AB. Procedural matters for application under s 47AA
47AC. Order of specialist adjudicator or QCAT on application under s 47AA
47B. Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT
48. Adjustment of interest schedule
48A. Criteria for deciding whether contribution schedule lot entitlements consistent with deciding principle
49. Criteria for deciding just and equitable circumstances
50. Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots
51. Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land
51A. Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land
51B. Limited adjustment of lot entitlement schedule—after subdivision of lot
51C. Limited adjustment of lot entitlement schedule—after amalgamation of lots
PART 6 - COMMUNITY MANAGEMENT STATEMENTS
52. Recording of community management statement
53. First community management statement
54. Subsequent community management statement
55. Requirements for motion to change community management statement
56. New statements and subsequent plans of subdivision
57. Other matters about new statements for schemes developed progressively
58. Community management statement for higher scheme prevails
59. Taking effect of community management statement
60. Community management statement notation
61. Giving copy of community management statement
62. Body corporate to consent to recording of new statement
63. Responsibility for preparing, and for costs of preparing, new statement
64. New community management statement must be consistent with body corporate’s consent
65. Time for lodging request to record new statement
66. Requirements for community management statement
PART 7 - STATUTORY EASEMENTS
67. Application of pt 7
68. Exercise of rights under statutory easement
69. Ancillary rights and obligations
70. Services location diagrams
PART 8 - REINSTATEMENT
71. Application of pt 8
72. Reinstatement process under court approval
73. Variation and substitution of court orders
74. Reinstatement process under resolution without dissent
75. Registration for changes to scheme under approved reinstatement process
PART 9 - TERMINATION OF COMMUNITY TITLES SCHEMES—BASIC SCHEMES
Division 1 - Preliminary
76. Purpose of part
77. Definitions for part
Division 2 - Termination—resolution without dissent
78. Terminating community titles scheme by resolution without dissent
Division 3 - Termination—court order
79. Terminating community titles scheme—application for court order
Division 4 - Termination—economic reasons for termination
Subdivision 1 - Application of division
80. Application of division to particular schemes
Subdivision 2 - Interpretation
81. Definitions
81A. What are economic reasons for termination
81B. What is a termination plan
Subdivision 3 - Pre-termination report
81C. Body corporate must prepare pre-termination report
Subdivision 4 - Meetings and resolutions to decide particular matters
81D. General meeting—economic reasons resolution
81E. General meeting—termination plan resolution
81F. Notice of passage of termination plan resolution
81G. Dispute about economic reasons resolution
81H. Consolidation of proceedings for specialist adjudication
Subdivision 5 - Termination plans and termination resolutions
81I. Application of subdivision
81J. Giving termination plan before general meeting
81K. General meeting to consider termination resolution
81L. Notice of termination resolution
Subdivision 6 - Administrative matters
81M. Appointment of facilitator
Subdivision 7 - Court applications and court orders
81N. Applications to court about termination plan
81O. Effect of applications to court
81P. Consolidation of court proceedings
81Q. Court proceedings and costs
81R. Court orders
Division 5 - Effect of termination of community titles schemes
81S. Dissolution of body corporate
81T. Termination effected under Land Title Act
81U. Termination and accrued charge, levy, rate or tax
81V. Termination of particular leases
PART 10 - AMALGAMATION OF COMMUNITY TITLES SCHEMES
Division 1 - Introduction
82. General principles of amalgamation
83. Community titles schemes that may be amalgamated
Division 2 - Amalgamation process
84. Purpose of div 2
85. Approval for amalgamations
86. Effecting amalgamation of community titles schemes
87. Dissolution of bodies corporate on amalgamation
88. Effects of amalgamation of community titles schemes
PART 11 - CREATION OF A LAYERED ARRANGEMENT FROM EXISTING BASIC SCHEMES
Division 1 - Introduction
89. General principles of creation of layered arrangement from basic schemes
90. Schemes that may become a layered arrangement
Division 2 - Process for creating layered arrangement
91. Agreement or court order for creation of layered arrangement
92. Effecting creation of layered arrangement
93. Effect of creation of layered arrangement
CHAPTER 3 - MANAGEMENT OF COMMUNITY TITLES SCHEMES
PART 1 - MANAGEMENT STRUCTURES AND ARRANGEMENTS
Division 1 - Body corporate’s general functions and powers
94. Body corporate’s general functions
95. Body corporate’s general powers
96. Body corporate must not carry on business
97. No delegation of body corporate’s powers
Division 2 - Committee for body corporate
98. Application of div 2
99. Composition and election of committee
100. Power of committee to act for body corporate
101. Procedures and powers of committee
101A. Protection of committee members from liability
101B. Code of conduct for committee voting members
Division 3 - Proxies
102. Committee members’ proxies
103. Proxies for body corporate meetings
Division 4 - Body corporate meetings
104. Body corporate meetings
105. Counting of votes for resolution without dissent
106. Counting of votes for special resolution
107. Counting of votes for majority resolution
108. Counting of votes for ordinary resolution if no poll requested
109. Request for poll
110. Counting of votes for ordinary resolution if poll requested
111. Voting other than at general meeting
111A. Protection of body corporate and committee from liability for defamation
Division 5 - Special management arrangements for specified two-lot schemes
Subdivision 1 - Preliminary
111B. Purpose of div 5
111C. Meaning of specified two-lot scheme
111D. Divisions 2 to 4 do not apply to specified two-lot scheme
Subdivision 2 - Decision making for specified two-lot schemes
111E. Meaning and effect of lot owner agreement
111F. Regulation of lot owner agreement
111G. Body corporate may only make decision by lot owner agreement
111H. Request to enter into lot owner agreement
111I. Amending or revoking decision of body corporate
Subdivision 3 - Representatives of owners of lots
111J. Representative of owner of lot
PART 2 - BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS
Division 1 - Body corporate manager and service contractor engagements and letting agent authorisations
112. Original owner’s obligations about engagements and authorisations
113. No consideration for engagement or authorisation
114. Limitation on benefit to body corporate under service contractor engagement
115. Limitation on benefit to body corporate under letting agent authorisation
116. Letting agent’s obligations for letting agent lot
117. Combined engagement and authorisation
118. Code of conduct
Division 2 - Performance of powers of body corporate committee and executive members by body corporate manager
119. Schemes for which there is a committee for the body corporate
120. Schemes for which there is no committee for the body corporate
121. Power of body corporate manager to act for body corporate
Division 3 - Regulations
122. Regulation module
Division 4 - Protection for financier of contract
123. Meaning of financier for div 4
124. Requirement for financier’s address for service
125. Notice of changes affecting financed contract
126. Limitation on termination of financed contract
127. Agreements between body corporate and financier prohibited
Division 5 - Change of regulation module
128. Change of regulation module
Division 6 - (Repealed)
Division 7 - Review of terms of service contracts
130. Review of terms of service contracts
131. Purpose of review
132. Procedure for review
133. Disputes arising out of review
134. Review criteria
135. Other provisions about review
Division 8 - Required transfer of letting agent’s management rights
Subdivision 1 - Preliminary
136. Application of div 8
137. Effect of div 8 on other provisions
Subdivision 2 - Transfer of management rights
138. Grounds for requiring transfer
139. Code contravention notice
140. Requirement for transfer
141. Transfer—letting agent’s choice of transferee
142. Giving financier copy of transfer notice
143. Transfer—body corporate’s choice of transferee
144. Terms of service contract on transfer
Subdivision 3 - Termination and replacement of letting agent authorisation and service contract
145. Termination of letting agent authorisation if management rights not transferred
146. Termination and replacement of letting agent authorisation and service contract in particular circumstances
Subdivision 4 - Reviewing terms of letting agent’s service contract
147. Reviewing terms of service contract
148. Review criteria
149. Giving copy of review advice to letting agent and prospective buyer of management rights
Subdivision 5 - Disputes about transfer of management rights
149A. Specialist adjudication or QCAT jurisdiction
Division 9 - Disputes about contractual matters
149B. Specialist adjudication or QCAT jurisdiction
PART 3 - FINANCIAL AND PROPERTY MANAGEMENT
Division 1 - Financial management
150. Financial management arrangements
151. Body corporate’s financial institution accounts
Division 2 - Property management
152. Body corporate’s duties about common property etc.
153. Mail box and notice board
154. Disposal of interest in and leasing or licensing of common property
155. Easements
156. Acquisition of amenities for benefit of lot owners
157. Dealing with (including disposing of) interest in body corporate asset
158. Supply of services by body corporate
159. Improvements to common property
160. Obligations of owners and occupiers to maintain
161. Body corporate’s authority to carry out work of owners and occupiers
162. Body corporate’s power to remedy defective building work
163. Power to enter lot
163A. Towing motor vehicles from common property
PART 4 - CONDUCT OF OCCUPIERS
164. Definition for pt 4
165. Interference with easements of support or shelter
166. Interference with utility services
167. Nuisances
PART 5 - BY-LAWS
Division 1 - By-laws generally
168. Meaning of by-laws
169. Content and extent of by-laws
169A. By-laws about use of smoking products
169B. By-laws about keeping animals (other than guide, hearing and assistance dogs)
Division 2 - Exclusive use by-laws
170. Meaning of exclusive use by-law
171. Requirements for exclusive use by-law
172. Identification of subject matter of exclusive use by-laws
173. Regulation of exclusive use by-laws
174. Making allocations
175. Notifying allocations
176. Notifying further allocations
177. Prohibited matters for exclusive use by-laws
178. Review of exclusive use by-law
Division 3 - Other matters about by-laws
179. Commencement of by-laws
180. Limitations for by-laws
181. Guide, hearing and assistance dogs
Division 4 - By-law contraventions
Subdivision 1 - Contravention notices for schemes other than specified two-lot schemes
181A. Application of sdiv 1
182. Continuing contravention notice—basic schemes not included in a layered arrangement of community titles schemes
182A. Continuing contravention notice—layered arrangement of community titles schemes
183. Future contravention notice—basic schemes not included in a layered arrangement of community titles schemes
183AA. Future contravention notice—layered arrangement of community titles schemes
183A. Copy of contravention notice to be given to owner
Subdivision 2 - Contravention notices for specified two-lot schemes
183B. Application of sdiv 2
183C. Continuing contravention notice
183D. Future contravention notice
Subdivision 3 - Other provisions
184. Preliminary procedure for application by body corporate for resolution of dispute
185. Preliminary procedure for application by owner and occupier for resolution of dispute
186. Dispensing with preliminary procedures
188. Who may start proceeding
PART 6 - INSURANCE
189. Insurance for community titles schemes
190. Insurable interest
191. Responsibility of original owner
192. Mortgagees
CHAPTER 4 - ADMINISTRATIVE MATTERS
PART 1 - VALUATION, RATING AND TAXATION
193. How lot is to be regarded for rating or taxing purposes
194. Charges, levies, rates and taxes for community titles scheme
195. Utility services separately measured, supplied and charged
196. Utility services not separately charged for
197. Registering charge on land under this Act
198. Effect of scheme change on liability for charges etc.
199. Apportionment of statutory charge
200. No application to body corporate assets
PART 2 - RECORDS
Division 1 - Notices
201. Notice of transfer and other matters
202. Notice of intention not to proceed to enforce mortgage
203. Body corporate may require information to be given
Division 2 - Records and provision of information
204. Regulation module
205. Information to be given to interested persons
205AAB. Information to be given to interested persons (layered arrangement)
CHAPTER 5 - SALE OF LOTS
PART 1A - PRELIMINARY
205AA. Application of ch 5 generally
205A. Definitions for ch 5
205B. (Repealed)
205C. References to disclosure statement
205D. References to things done by or in relation to buyer or seller
PART 1 - EXISTING LOTS
206. Information to be given by seller to buyer
206A. (Repealed)
206B. (Repealed)
207. Contents of contract
208. Buyer may rely on information
209. Terminating contract for inaccuracy of disclosure statement
209A. Terminating contract if contribution schedule lot entitlements inconsistent with contribution schedule principle
210. Termination under this part
211. Restriction on powers of attorney in favour of original owner
PART 2 - PROPOSED LOTS
Division 1 - Preliminary
211A. Definitions for pt 2
Division 2 - Basic limitation on sale of proposed lots
212. Provision about settlement taken to be included in contract
212A. Buyer may terminate if there is no proposed community management statement
Division 3 - Statements about proposed lots
212B. Application of div 3 if option granted
213. Information to be given by seller to buyer
213AA. Disclosure plan requirements
213A. (Repealed)
214. Variation of disclosure statement by further statement
215. Contents of contract
216. Buyer may rely on information
217. Terminating contract for inaccuracy of statement
Division 4 - Other grounds for terminating contract
217A. Terminating contract if lot entitlements inconsistent with deciding principle
217B. Terminating contract if not settled within particular period
Division 5 - Miscellaneous provisions
Subdivision 1 - Termination
218. Termination under this part
Subdivision 2 - Amounts held in trust accounts
218A. Payment of particular amounts
218B. Amounts paid under s 218A to be held in prescribed trust account
218C. Disposal of amount held in prescribed trust account
218D. Investment of amount held in prescribed trust account
Subdivision 3 - Other provisions
218E. Security instruments
218F. Evidentiary provision
219. Restriction on powers of attorney in favour of seller
PART 3 - IMPLIED WARRANTIES
220. Definition for pt 3
221. Part’s purpose
222. Effect of warranties and right to terminate
223. Implied warranties
224. Termination for breach of warranty
PART 4 - COSTS NOT RECOVERABLE BY ORIGINAL OWNER ON THE SALE OF A LOT
225. Costs incurred in entering contracts of engagement or authorisation
CHAPTER 6 - DISPUTE RESOLUTION
PART 1 - INTRODUCTION
226. Definitions for ch 6
227. Meaning of dispute
228. Chapter’s purpose
229. Exclusivity of dispute resolution provisions
229A. Disputes about particular debts
230. Structure of arrangements
PART 2 - COMMISSIONER FOR BODY CORPORATE AND COMMUNITY MANAGEMENT
231. Appointment of commissioner
232. Responsibilities
233. Practice directions
234. Protection of commissioner
235. Delegation by commissioner
PART 3 - DISPUTE RESOLUTION OFFICERS
236. Appointment of dispute resolution officers
237. Protection of dispute resolution officers
PART 4 - APPLICATIONS
Division 1 - Application
238. Who may make an application
239. How to make an application
239A. Content of approved form for conciliation application
239B. Content of approved form for adjudication application—other than applications about alternative insurance
239BA. Content of approved form for adjudication application about alternative insurance
239C. Continuation of application if standing of party changes
240. Further information or material for applications
241. Rejecting application
241A. Applicant to be given notice of decision to reject application
242. Time limit on certain adjudication applications
Division 2 - Initial action on application
Subdivision 1 - Conciliation application
242A. Referral to department conciliator
Subdivision 2 - Adjudication application
242B. Definition for sdiv 2
243. Notice to particular persons
243A. Referral to dispute resolution officer in emergency
243B. Referral to adjudicator—alternative insurance
244. Notice to applicant
245. Change or withdrawal of application
246. Inspection of applications and submissions
247. Referral of application for interim order
PART 5 - DISPUTE RESOLUTION RECOMMENDATIONS
248. Dispute resolution recommendation
249. Restriction on who may conduct further dispute resolution process
250. Dismissing application
251. Preparation for making a dispute resolution recommendation
252. Making a dispute resolution recommendation for specialist mediation, conciliation or adjudication
PART 5A - DEPARTMENT CONCILIATION
252A. Purpose of pt 5A
252B. Functions of department conciliator
252C. Referral to department conciliator
252D. Starting department conciliation session
252E. Conduct of department conciliation session
252F. Representation by agent
252G. Further provision about representation by committee voting member as agent
252H. Referral back to commissioner
252I. Agreement reached at department conciliation session
252J. Particular agreements require committee ratification etc. before referral to commissioner
252K. Ending department conciliation
252L. Confidentiality
PART 6 - DISPUTE RESOLUTION CENTRE MEDIATION
253. Purpose of pt 6
254. Referral to dispute resolution centre
255. Referral back to the commissioner
PART 7 - SPECIALIST MEDIATION AND CONCILIATION
256. Purpose of pt 7
257. Conditions for recommending specialist mediation or conciliation
258. Referral to dispute resolution officer
259. Conduct of specialist mediation and conciliation sessions
260. Specialist mediation or conciliation is voluntary
261. Representation by agent
262. Referral back to the commissioner
PART 8 - SPECIALIST ADJUDICATION
263. Purpose of pt 8
264. Specialist adjudication by agreement
265. Specialist adjudication—dispute about economic reasons resolution
PART 9 - ADJUDICATION GENERALLY
Division 1 - Preliminary
266. Purpose of pt 9
266A. Application of pt 9 to agreement referred for consent order
Division 2 - Procedural matters about adjudication
267. Referral to adjudicator for specialist or department adjudication
268. Department adjudication fee
269. Investigation by adjudicator
269A. (Repealed)
270. Dismissal of applications
271. Investigative powers of adjudicator
272. Delegation
273. Representation by agent
Division 3 - Adjudicator’s orders
274. Notice of order to be given
275. Referral back to commissioner
276. Orders of adjudicators
277. Order may be made if person fails to attend to be interviewed
278. Administrator may act for body corporate etc.
279. Interim orders in context of adjudication
280. Order for payment of application fees
281. Order to repair damage or reimburse amount paid for carrying out repairs
281A. Order approving alternative insurance
282. Order does not prevent proceedings for offence
283. Change of body corporate’s financial year
284. Ancillary provisions
285. Limitation on powers of adjudicator
PART 10 - ENFORCEMENT OF ADJUDICATOR’S ORDERS
286. Enforcement of orders for payment of amounts
287. Enforcement of other orders
288. Failure to comply with adjudicator’s order
PART 11 - APPEAL FROM ADJUDICATOR ON QUESTION OF LAW
288A. Definition for pt 11
289. Right to appeal to appeal tribunal
290. Appeal
291. (Repealed)
292. Referral back to commissioner
293. (Repealed)
293A. (Repealed)
294. Jurisdiction and powers of appeal tribunal on appeal
PART 12 - MISCELLANEOUS
Division 1 - Stay of applications and proceedings
294A. Power to stay application and proceeding
Division 2 - Other matters
295. Replacing statement to be lodged with registrar
296. Privilege
297. False or misleading information
298. False or misleading documents
299. Public access to information about orders
300. Appointment of administrator for enforceable money orders
301. Appointment of administrator
302. Magistrates Court in which proceeding lies
CHAPTER 7 - MISCELLANEOUS
PART 1 - EXTERNAL REVIEW OF DECISIONS
303. Definitions for pt 1
304. External review of decisions
305. (Repealed)
306. Time for applying for external review
307. (Repealed)
308. (Repealed)
PART 2 - OTHER MATTERS
309. Associates
309A. Responsibility for acts or omissions of representative
310. Protection of persons dealing with body corporate
311. Body corporate to be taken to be owner of parcel for certain Acts etc.
312. Proceedings
313. Representation in planning proceedings
313A. Application under ch 6 or QCAT Act by group of lot owners or occupiers
314. Liability of owners for monetary obligations of body corporate
315. Service of notices etc.
315A. Giving documents or information to persons
316. Powers of entry by local government, utility service provider or other authorised entity
317. Restriction on irrevocable powers of attorney
318. Prevention of contracting out
319. Fees
320. Chief executive may approve forms
321. References to body corporate managers and service contractors
321A. Changing financial year
322. Regulation-making power
323. Regulation-making power—lease-back scheme
PART 3 - (Expired)
CHAPTER 8 - TRANSITIONAL PROVISIONS
PART 1 - TRANSITION FROM 1980 ACT
Division 1 - Introduction
324. Purpose of pt 1
325. Approach adopted
326. Definitions for pt 1
Division 2 - Limited continuing operation of 1980 Act
327. Application of 1980 Act to plan other than for specified Act
328. Application of 1980 Act to plan for specified Act
Division 3 - Saving existing 1980 Act plans
329. Application of div 3
330. Existing plan
331. Classification of existing plan
332. Administrative matters
Division 4 - Saving future 1980 Act plans
333. Application of div 4
334. Future plan
335. Classification of future plan
Division 5 - Community management statements for new schemes
336. What div 5 provides for
337. Community management statement
338. Community management statement recorded for 1980 Act plan when plan registered
339. Registrar to record standard statement
340. By-laws may be retained
341. Right to exclusive use by-law
Division 6 - Special provisions for contracts
342. Definitions for div 6
343. Letting agent authorisation
344. Body corporate contracts
Division 7 - Miscellaneous
345. Sale of lots
346. Actions under disputes provisions
347. References to certain Acts
PART 2 - TRANSITIONAL PROVISION FOR TOURISM, RACING AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 2002
348. Transitional provision for information sheets
PART 3 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2003
349. Adjusting contribution schedule lot entitlement
350. Community management statements for particular schemes
351. Particular community management statements to be given to local governments
352. Existing easements for lots
353. Existing powers of body corporate managers
354. Existing applications for an order of an adjudicator
PART 3A - TRANSITIONAL PROVISION FOR PROPERTY AGENTS AND MOTOR DEALERS AND OTHER ACTS AMENDMENT ACT 2006
354A. Transitional provision for s 213
PART 4 - (Expired)
PART 5 - (Repealed)
PART 6 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2007
357. Definition for pt 6
358. Existing applications for adjustment of lot entitlement schedules
359. Other existing applications
360. Existing appeals
361. Existing dispute resolution officers
362. Application of code of conduct for existing committee voting members
PART 6A - TRANSITIONAL PROVISION FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AMENDMENT ACT 2009
362A. Section 212 to have retrospective effect
PART 7 - TRANSITIONAL PROVISIONS FOR QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL (JURISDICTION PROVISIONS) AMENDMENT ACT 2009
363. Purpose of pt 7
364. Definition for pt 7
365. Appeal from order of an adjudicator that could have been made to the former tribunal
366. Appeal from order of an adjudicator that could have been made to the District Court
367. Existing appeal taken to be before QCAT or transferred to QCAT
PART 8 - TRANSITIONAL PROVISIONS FOR THE PROPERTY AGENTS AND MOTOR DEALERS AND OTHER LEGISLATION AMENDMENT ACT 2010
368. Definitions for pt 8
369. Matters relating to cancellation of pre-amendment contracts
370. Termination relating to particular contracts for sale of lots that are not residential property
371. Termination relating to particular contracts for sale of lots that are residential property
372. Termination relating to particular contracts for sale of proposed lots that are not residential property
373. Termination relating to particular contracts for sale of proposed lots that are residential property
PART 9 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2011
Division 1 - Preliminary
374. Definition for pt 9
Division 2 - Interest schedules for particular schemes
375. Interest schedules for particular schemes
Division 3 - Effect of particular actions relating to contribution schedule lot entitlements
376. Application of div 3
377. Pre-commencement adjustment actions cease to have effect
Division 4 - Adjustment of contribution schedule for existing scheme to which adjustment order applies
Subdivision 1 - Definitions
378. Definitions for div 4
Subdivision 2 - Motion for adjustment of contribution schedule
379. Motion proposing adjustment of contribution schedule
Subdivision 3 - Dealing with motion for adjustment of contribution schedule
380. Purpose of sdiv 3
381. Adjustment if a lot in existing scheme has been subdivided
382. Adjustment if 2 or more lots in existing scheme have been amalgamated
383. Adjustment if the boundary for a lot included in existing scheme has changed
384. Adjustment if material change since contribution schedule lot entitlements decided
385. Body corporate committee to deal with motion if motion submitted to it
386. Body corporate to call general meeting etc. if motion submitted to it
387. Decision at general meeting for motion submitted to body corporate
388. QCAT or specialist adjudicator deciding adjustment
389. Provision about new community management statement required under this division
390. Body corporate responsible for particular costs under this division
Division 5 - Other provisions
391. Other adjustments of lot entitlement schedules for schemes
392. Continuing contravention notice given by body corporate before scheme becomes a specified two-lot scheme
393. Future contravention notice given by body corporate before scheme becomes a specified two-lot scheme
394. Application of s 206
395. Application of s 213
396. (Repealed)
PART 10 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2013
Division 1 - Preliminary
397. Definitions for pt 10 and sch 5A
Division 2 - Adjustments under part 9, division 4
398. Application of s 379 (Motion proposing adjustment of contribution schedule)
399. Incomplete adjustment matter ceases to have effect
Division 3 - Application of decided entitlements and reinstatement of last adjustment order entitlements
Subdivision 1 - Preliminary
400. Definitions for div 3
Subdivision 2 - Decided entitlements
401. Application of sdiv 2
402. Request to give effect to relevant decision—scheme other than specified two-lot scheme
403. Decision of body corporate committee
404. Request to give effect to relevant decision—specified two-lot scheme
405. Application for order of specialist adjudicator or QCAT in relation to decision under s 403 or 404
406. Order of specialist adjudicator or QCAT
Subdivision 3 - Last adjustment order entitlements
407. Application of sdiv 3
408. Relationship between sdiv 3 and pt 9, div 4
409. Request for adjustment—scheme other than specified two-lot scheme
410. Decision of body corporate committee
411. Request for adjustment—specified two-lot scheme
412. Application for order of specialist adjudicator or QCAT in relation to decision under s 410 or 411
413. Order of specialist adjudicator or QCAT
Subdivision 4 - Body corporate responsible for particular matters under division 3
414. Lodgement of request to record new community management statement
415. Body corporate responsible for costs under this division
Subdivision 5 - Modification of decided entitlements or last adjustment order entitlements
416. Modification for subdivided lots
417. Modification for amalgamated lot
418. Modification for boundary change
419. Modification for material change
Division 4 - Cancellation or termination of particular contracts
420. Termination of existing contract for sale of existing lot—failure to give disclosure statement
421. Cancellation of existing contract for sale of existing lot
422. Termination of existing contract for sale of existing lot—inaccuracy of disclosure statement
423. Termination of existing contract for sale of proposed lot—failure to give disclosure statement
424. Termination of existing contract for sale of proposed lot—variation of information in disclosure statement
425. Termination of existing contract for sale of proposed lot—inaccuracy of disclosure statement
Division 5 - (Repealed)
PART 11 - TRANSITIONAL PROVISIONS FOR LIQUOR AND GAMING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2013
Division 1 - Preliminary
427. Definitions for pt 11
428. References to ss 51 and 51A
Division 2 - Formal acquisitions happening before commencement if advice given under former section 51 or 51A
429. Application of div 2
430. Process if body corporate consented to new community management statement
431. Process if body corporate has decided lot entitlement schedule changes but has not consented to new community management statement
432. Process if body corporate has not decided lot entitlement schedule changes
433. Body corporate may ask constructing authority to provide lot entitlement adjustment advice
434. Application of ss 63 and 65
Division 3 - Formal acquisitions happening before commencement if advice not given under former section 51 or 51A
435. New s 51 or 51A applies to formal acquisition
PART 12 - TRANSITIONAL PROVISION FOR PROPERTY OCCUPATIONS ACT 2014
436. Information sheets
PART 13 - TRANSITIONAL PROVISIONS FOR LAND SALES AND OTHER LEGISLATION AMENDMENT ACT 2014
437. Definitions for pt 13
438. Application of s 212B
439. Application of s 213
440. Application of s 214
441. Application, and modified application, of s 217B
442. Application of s 218
443. Application of ch 5, pt 2, div 5, sdiv 2
444. Continuing application of old LSA, part 3
PART 14 - SAVINGS PROVISIONS FOR JUSTICE AND OTHER LEGISLATION (COVID-19 EMERGENCY RESPONSE) AMENDMENT ACT 2020
445. Saving of operation of expired ch 7, pt 3
446. Recovery of body corporate debts after expiry of ch 7, pt 3
PART 16 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2023
448. Definitions for part
449. By-laws about smoking products made before commencement
450. By-laws about keeping of animals made before commencement
451. Code of conduct
452. Alternative insurance
453. Dispute resolution in layered arrangement of community titles schemes
454. Existing notices
455. Matters about termination taken before commencement
456. Disputes about particular matters
PART 17 - TRANSITIONAL PROVISIONS FOR RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT ACT 2024
457. Definition for part
458. Facilitator’s functions under existing termination plans
459. Proceedings for particular court orders
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 5A
SCHEDULE 6
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