Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 205AAB

205AAB Information to be given to interested persons (layered arrangement)

(1) This section—

(a) provides for the giving of information by a body corporate for a community titles scheme in a layered arrangement of community titles schemes from the body corporate’s records to an interested person (layered arrangement); and

(b) applies in addition to, and does not limit, section 205 .

(2) Within 7 days after receiving a written request from the interested person (layered arrangement) accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the person—

(a) permit the person to inspect the body corporate’s records—

(i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or

(ii) otherwise—in person at a reasonable time and place nominated by the body corporate;

(b) give the person a copy of a record kept by the body corporate—

(i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or

(ii) otherwise—in the way prescribed under the regulation module applying to the scheme.

Penalty—

Maximum penalty—20 penalty units.

(3) However, the body corporate is not required to allow the interested person (layered arrangement) to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material.

(4) Also, subsection (5) applies if the interested person (layered arrangement) is not the body corporate for a subsidiary scheme or the owner of a lot that is included in a subsidiary scheme.

(5) If—

(a) the interested person (layered arrangement) is a body corporate for another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the interested person a copy of the record if the body corporate is satisfied the request is only for the purpose of identifying a person to whom a contravention notice under section 182A or section 183AA may be given; or

(b) the interested person (layered arrangement) is an owner or occupier of a lot included in another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the person a copy of the record if the body corporate is satisfied—

(i) a dispute about the operation of a by-law exists between the interested person and an owner or occupier of a lot (the
"accused person" ); and

(ii) the person’s request is only for the purpose of identifying the accused person in order for the interested person to—

(A) request the body corporate to issue a contravention notice to the accused person; or

(B) make an application under chapter 6 for resolution of the dispute.