Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 47AB

47AB Principal body corporate manager

(1) Subject to subsections (2) , (8) , (9) and (10) , the principal body corporate may, in general meeting and by instrument in writing, appoint upon such terms and conditions as the principal body corporate determines a body corporate manager and may, in like manner, delegate to the body corporate manager—

(a) all of its powers, authorities, duties and functions; or

(b) any 1 or more of its powers, authorities, duties and functions specified in the instrument; or

(c) all of its powers, authorities, duties and functions except those specified in the instrument;

and may, in like manner, revoke wholly or in part the delegation.

(2) The principal body corporate may not, under subsection (1) , delegate to a body corporate manager its powers to make—

(a) a delegation under that subsection; or

(b) a decision on a restricted matter within the meaning of section 45 .

(3) A power, authority, duty or function the exercise or performance of which has been delegated under subsection (1) may, while the delegation remains unrevoked, be exercised from time to time in accordance with the delegation.

(4) A delegation under subsection (1) may be made subject to such conditions or such limitations as to the exercise or performance of all or any of the powers, authorities, duties or functions, or as to time or circumstances, as may be specified in the instrument of delegation.

(5) Notwithstanding any delegation made under subsection (1) , the principal body corporate may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated by it.

(6) Any act or thing done or suffered by a body corporate manager while acting in the exercise of a delegation under subsection (1) has the same force and effect as if it had been done or suffered by the principal body corporate and shall be deemed to have been done or suffered by the principal body corporate.

(7) Where the instrument of appointment so provides, a body corporate manager shall have and may exercise and perform all the powers, authorities, duties and functions of the chairperson, secretary or treasurer of the principal body corporate and the executive committee or such of those powers, authorities, duties and functions as may be specified in the instrument.

(8) The term of appointment of the body corporate manager (after allowing for any rights or options of extension or renewal, whether provided for in the instrument of appointment or subsequently agreed to) must not be longer than 3 years.

Example—

The appointment of a body corporate manager begins on 1 January 2009 and is for a term of 3 years. The appointment can not end later than 31 December 2011.

(9) If the term of appointment purports to be longer than 3 years, it is taken to be 3 years.

(10) To remove any doubt, it is declared that at the end of the term of appointment of a person as the body corporate manager—

(a) the appointment expires; and

(b) the person can not act again as the body corporate manager without a new appointment.

(11) Nothing in this section shall prevent the reappointment of a body corporate manager after the term of appointment has expired.