Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SCHEDULE 6

SCHEDULE 6 – Dictionary

"1980 Act" see section 326 .

"1980 Act plan" see section 326 .

"adjudication application" means an application, other than a conciliation application, made under chapter 6 for the resolution of a dispute.

"adjudicator" means a person appointed—

(a) under section 236 as a department adjudicator; or

(b) under chapter 6 , part 8 , as a specialist adjudicator.

(a) for chapter 8 , part 9 , division 4 , see section 378 ; and

(b) for chapter 8 , part 10 , division 3 , see section 400 .

Examples—

1 For an application by the owner of a lot in a community titles scheme against the body corporate about a body corporate decision relating to a service contract, the service contractor could be an affected person.

2 For an application by the owner of a lot in a community titles scheme against the body corporate about proposed body corporate expenditure of a significant nature, other lot owners are likely to be affected persons.

3 For an application by the owner of a lot in a community titles scheme against the body corporate seeking waiver of a penalty for late payment of a contribution, other lot owners are unlikely to be affected persons.

(a) for chapter 6 , part 11 , see section 289 (1) (c) ; or

(b) for chapter 7 , part 1 , see section 303 .

(a) the insurance required under the regulation module applying to the scheme; or

(b) the body corporate’s self-insurance.

(a) for chapter 8 , part 6 , see section 357 ; and

(b) for chapter 8 , part 10 and schedule 5A , see section 397 .

(a) for chapter 8 , part 9 , division 3 , see section 376 (4) ; and

(b) for chapter 8 , part 10 and schedule 5A , see section 397 .

(a) for chapter 6 , means—

(i) generally, an adjudication application or a conciliation application; and

(ii) for part 4 , division 2 , subdivision 2 , see section 242B ; or

(b) for chapter 7 , part 1 , see section 303 .

Example of standing—

a person’s classification level in the public service

(a) means a person who—

(i) is a registered company auditor; or

(ii) has the qualifications and experience in accountancy approved under the regulation module applying to the community titles scheme; and

(b) includes an unincorporated body of auditors.

(a) water reticulation or supply;

(b) gas reticulation or supply;

(c) electricity;

(d) telephone;

(e) computer data or television;

(f) a sewer system;

(g) drainage.

(a) a letting agent for the scheme; or

(b) an associate of the letting agent.

(a) for a committee voting member—the code in schedule 1A ; or

(b) for a body corporate manager or caretaking service contractor—the code in schedule 2 ; or

(c) for a letting agent—the code in schedule 3 .

(a) for chapter 8 , part 1 , see section 326 ; or

(b) for chapter 8 , part 8 , see section 368 ; or

(c) for chapter 8 , part 9 , see section 374 ; or

(d) for chapter 8 , part 10 and schedule 5A , see section 397 ; or

(e) for chapter 8 , part 11 , see section 427 .

(a) a matter for which an application mentioned in section 47AA (3) (a) , 47B (3) (a) , 48 (1) (a) , 81G , 385 (8) (a) , 387 (6) (a) , 405 (2) (a) or 412 (2) (a) is, or may be, made; or

(b) a dispute mentioned in section 133 , 149A , 149B or 178 .

(a) a contravention of the terms of the engagement or authorisation; or

(b) the termination of the engagement or authorisation; or

(c) the exercise of rights or powers under the terms of the engagement or authorisation; or

(d) the performance of duties under the terms of the engagement or authorisation.

(a) the enlargement, erection, refurbishment or rebuilding of, or the making of structural alterations to, a building; or

(b) the carrying out of work in, on, over or under land or water; or

(c) the use of land or water or of a building, or work on, over or under land or water; or

(d) the subdivision or amalgamation of land.

(a) a development approval under the Planning Act ; or

(b) a PDA development approval under the Economic Development Act 2012 .

(a) generally, includes complaint; and

(b) for chapter 6 , see section 227 .

(a) department conciliation; or

(b) dispute resolution centre mediation; or

(c) specialist mediation; or

(d) specialist conciliation; or

(e) department adjudication; or

(f) specialist adjudication.

(a) for chapter 8 , part 9 , division 4 , see section 378 ; and

(b) for chapter 8 , part 10 , division 3 , see section 400 .

(a) entered into on or after 13 July 1997 and before the commencement of section 130 ; and

(b) to which, under section 344 , the exempted provisions for a body corporate contract for a community titles scheme do not apply.

(a) the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of 1 year from the end of the first financial year; or

(b) if an adjudicator changes the financial year of the body corporate—the period fixed by the adjudicator as the financial year and each successive period of 1 year from the end of the period; or

(c) if, under section 321A , the body corporate changes the financial year—the period adopted by the body corporate as the financial year under that section and each successive period of 1 year from the end of the period; or

(d) if the period of the financial year is changed by both the adjudicator and the body corporate—the period commencing from the most recent change and each successive period of 1 year from the end of the period.

(a) is made of a lot included in, or common property for, the scheme; and

(b) is made under the Acquisition of Land Act 1967 by a constructing authority for a purpose set out in the schedule to that Act.

(a) the erection of a building; and

(b) a structural change; and

(c) a non-structural change, including, for example, the installation of air conditioning.

Note—

Change includes addition—see the Acts Interpretation Act 1954 , schedule 1 , definition change .

(a) the body corporate for another scheme that is included in the layered arrangement;

(b) the owner or occupier of a lot included in another scheme that is included in the layered arrangement.

Examples—

• by the parties communicating with each other

• by writing to the committee for the body corporate

• by presenting a motion for consideration at a general meeting of the body corporate

(a) a lot under the Land Title Act , but if the lot is included in a community titles scheme other than a basic scheme, the lot could be another community titles scheme; or

(b) for chapter 5 , part 3 , see section 220 .

(a) the contribution schedule in the statement; or

(b) the interest schedule in the statement.

(a) the letting agent business for the scheme, including the letting agent authorisation; and

(b) the business conducted by the letting agent under a service contract for the scheme, including the service contract; and

(c) the letting agent’s interest in a lot used for conducting a business mentioned in paragraph (a) or (b) ; and

(d) any right of the letting agent to use and occupy a part of the common property for a business mentioned in paragraph (a) or (b) .

1 A
"material change" , for a community titles scheme, is a change that has, or may have, a significant effect on the contribution schedule lot entitlements for the lots included in the scheme, including, for example—

(a) the addition of 1 or more lots, other than by a subdivision not involving the addition of a subsidiary scheme; or

(b) the removal of 1 or more lots, other than by an amalgamation.

2 However, if a community titles scheme is intended to be developed progressively, a change arising from development proposed in the community management statement for the scheme is not a
"material change" for the scheme.

(a) means—

(i) a resident owner or resident lessee of the lot, or someone else who lives on the lot; or

(ii) a person who occupies the lot for business purposes or works on the lot in carrying on a business from the lot; and

(b) for chapter 3 , part 4 , see section 164 ; and

(c) for chapter 6 , see section 226 .

(a) an order dismissing the application; and

(b) for chapter 6 , part 11 , see section 288A .

(a) if no poll is requested—a resolution under section 108 ; or

(b) if a poll is requested—a resolution under section 110 .

(a) generally, see section 13 ; and

(b) for chapter 8 , part 1 , division 6 , see section 342 .

(a) the body corporate is constituted solely by the original owner; or

(b) the original owner owns, or has an interest in, the majority of lots in the scheme or, in any other way, controls the voting of the body corporate.

(a) the person who is, or is entitled to be, the registered owner of the lot, and includes—

(i) a mortgagee in possession of the lot; and

(ii) if, under the Land Title Act , 2 or more persons are the registered owners, or are entitled to be the registered owners, of the lot—each of the persons; and

(b) for chapter 6 , see section 226 .

(a) for chapter 8 , part 9 , division 4 , see section 378 ; and

(b) for chapter 8 , part 10 and schedule 5A , see section 397 .

Note—

See the Acts Interpretation Act 1954 , schedule 1 , definition document , for what may constitute a document.

(a) for chapter 8 , part 9 , division 4 , see section 378 ; or

(b) for chapter 8 , part 10 , division 3 , see section 400 .

(a) for chapter 5 , see section 205A ; or

(b) for chapter 8 , part 8 , see section 368 .

(a) for an application for an order mentioned in section 47B (3) (a) , 48 (1) (a) , 385 (8) (a) or 387 (6) (a) —

(i) the body corporate for the community titles scheme to which the application relates; and

(ii) each owner of a lot who is joined as a respondent to the application under section 47B (5) (a) , 48 (3) (a) or 388 (3) (a) ; or

(b) for another application—the person against whom the application is made.

(a) for chapter 3 , part 2 , division 7 , see section 131 ; or

(b) for chapter 3 , part 2 , division 8 , means the terms of the contract that provide for—

(i) the functions and powers of the letting agent as a service contractor; or

(ii) the remuneration payable to the letting agent as a service contractor.

(a) are currently fair and reasonable; and

(b) if the reviewable terms are not currently fair and reasonable—how the reviewable terms should be changed to ensure they are fair and reasonable.

(a) for a service contract entered into after the commencement of section 130 (the
"commencement" ) for a term of not longer than 3 years—the first of the following periods to end—

(i) the period of the term;

(ii) the period ending immediately before the contract is first extended or varied; or

(b) for a service contract entered into after the commencement that is for a term longer than 3 years—the later of the following periods to end—

(i) 3 years after the start of the term;

(ii) 1 year after the annual general meeting next held after the original owner control period ends; or

(c) for an existing service contract that is for a term ending after the commencement—the first of the following periods to end—

(i) the period ending 31 December 2004;

(ii) the period ending immediately before the service contract is first extended or varied after the commencement.

(a) supplying basic utility services to lots included in, and common property for, the scheme; or

(b) establishing and maintaining utility infrastructure for supplying the services.

(a) the scheme is a basic scheme;

(b) there is no letting agent for the scheme;

(c) there are no more than 6 lots included in the scheme;

(d) the Body Corporate and Community Management (Small Schemes Module) Regulation 2008 .

(a) cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or common property are supplied with utility services; and

(b) a device for measuring the reticulation or supply of a utility service.

(a) water reticulation or supply; or

(b) gas reticulation or supply; or

(c) electricity supply; or

(d) air conditioning; or

(e) a telephone service; or

(f) a computer data or television service; or

(g) a sewer system; or

(h) drainage; or

(i) a system for the removal or disposal of garbage or waste; or

(j) another system or service designed to improve the amenity, or enhance the enjoyment, of lots or common property.