Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 76

76 Interim orders

(1) In this section—

"interim order" means an order made under subsection (2) .

(2) Where an applicant for an order under section 77 (1) states in his or her application that the applicant requests an interim order, the referee may, if the referee is satisfied on reasonable grounds that, by reason of the urgent circumstances of the case, the referee should do so—

(a) make, under this subsection, any order that may be made under section 77 (1) with respect to the application; and

(b) before the expiration of 3 months from the date on which it takes effect and upon a further request made by the applicant, renew an interim order that is in force by serving notice in accordance with subsection (6) that the order is renewed.

(3) An interim order may be made or renewed notwithstanding—

(a) that any power or duty of the referee under section 73 (1) has not been exercised or performed with respect to the application; or

(b) where the referee has given written notice of the application under section 73 (1) (c) —that any time specified under section 73 (1) (d) or (e) in that or any further notice has not expired.

(4) An interim order made pursuant to an application for an order under section 77 (1) ceases to have effect—

(a) at the expiration of 3 months from the date on which it takes effect or, where the referee has renewed the interim order, at the expiration of 6 months from that date; or

(b) where the interim order is revoked by a tribunal under section 107 (1) (c) or by the referee under subsection (5) —when it is so revoked; or

(c) where—

(i) the referee makes an order under section 77 (1) with respect to the application; or

(ii) the referee dismisses the application;

before the interim order ceases to have effect under paragraph (a) or (b) , when the order is made under section 77 (1) or the application is dismissed, as the case may be.

(5) The referee may revoke an interim order and, if the referee does so, the referee shall serve notice in accordance with subsection (6) that the order has been revoked.

(6) A notice of the renewal or revocation of an interim order shall be served—

(a) except as provided in paragraph (b) , on the body corporate for the plan to which the order relates; or

(b) where the order requires a person to do or refrain from doing a specified act—on that person.

(7) A person shall not in, or in connection with, a request for an interim order or for the renewal of any such order, make a statement that the person knows is false or misleading in a material respect.

Penalty—

Maximum penalty for subsection (7) —6 2 / 3 penalty units.