Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 73

73 Procedure after referee receives application

(1) After receipt of an application for an order under this part, other than an application that pursuant to section 106 (8) accompanied a notice of appeal made pursuant to section 106 , a referee—

(a) may require the applicant to provide the referee with such further information in relation to the application as, in the referee’s opinion, may assist the investigation of the application; and

(b) may refuse to proceed with the application until a requirement made by the referee pursuant to paragraph (a) has been complied with; and

(c) shall give written notice of the application (setting out the grounds specified therein) to the body corporate to which the application relates and to any other person who, in the referee’s opinion, would be affected if the order sought were made;
However, an applicant need not be given a notice under this paragraph; and

(d) shall, in a notice referred to in paragraph (c) , specify the order sought and invite the body corporate and any member thereof and any other person to whom the notice is given to make to the referee, within a time specified in the notice, a written submission in respect of the matter to which the application relates; and

(e) may, by further notice, allow the body corporate and each person to whom a notice under paragraph (c) was given a longer time within which to make a submission referred to in paragraph (d) ; and

(f) may make such other investigations with respect to the application as the referee thinks fit; and

(g) may enter upon any parcel to which a dispute relates for the purpose of carrying out any investigation with respect to the application at any reasonable time on notice given to every person who has been notified of the application and to the body corporate.

(2) A person shall not obstruct or hinder the referee or the referee’s delegate in the exercise of powers under subsection (1) (g) .

Penalty—

Maximum penalty—$500.