Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 354A

354A Transitional provision for s 213

(1) This section applies to a contract relating to a proposed lot under the Land Sales Act 1984 that—

(a) was entered into before 1 December 2005; and

(b) did not have an information sheet attached to it as required under old section 213(5)(b) because the warning statement, the information sheet and the contract were given to the buyer by electronic communication; and

(c) was not settled before the commencement of this section.

(2) The buyer under the contract may, after the commencement, cancel the relevant contract under old section 213(6) because the information sheet was not attached as required under old section 213(5)(b) by giving signed, dated notice of cancellation to the seller if the notice of cancellation is given to the seller before whichever of the following happens first—

(a) the relevant contract settles;

(b) the end of 1 month after the date of assent of the Property Agents and Motor Dealers and Other Acts Amendment Act 2006.

(3) If the buyer does not cancel the contract as provided under subsection (2), the buyer’s rights under old section 213 to cancel the contract for the reason mentioned in subsection (2) are extinguished.

(4) In this section—

"electronic communication" see the Electronic Transactions (Queensland) Act 2001, schedule 2 .

"old section 213" means section 213 as in force before 1 December 2005.

"old section 213(5)(b)" means section 213(5)(b) as in force before 1 December 2005.

"old section 213(6)" means section 213(6) as in force before 1 December 2005.

"warning statement" has the meaning given by the Property Agents and Motor Dealers Act 2000, section 366 (1) as in force before 1 December 2005.