Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 48A

48A Criteria for deciding whether contribution schedule lot entitlements consistent with deciding principle

(1) This section applies if an application is made under section 47B (3) for an order of a specialist adjudicator or QCAT for an adjustment of the contribution schedule for a community titles scheme.

(2) This section sets out the only matters to which the specialist adjudicator or QCAT may have regard for deciding whether the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.

(3) The specialist adjudicator or QCAT may have regard to only—

(a) the deciding principle for the contribution schedule lot entitlements; and

(b) the information about the application of the deciding principle to the lots included in the scheme that is included in the community management statement; and

(c) if the contribution schedule lot entitlements were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49 ; and

(d) the matters raised by the applicant to support the assertion that the contribution schedule lot entitlements are not consistent with the deciding principle for the lot entitlements; and

(e) the matters (if any) raised by each respondent to support the assertion that the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.