Queensland Numbered Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 9 - SECT 43

(1) Schedule 6, definitions continuing contravention notice, contravention notice and future contravention notice—

omit.

(2) Schedule 6—

insert—

'adjustment order, for chapter 8, part 9, division 4, see section 378.

changed entitlements, for chapter 8, part 9, division 4, see section 378.

continuing contravention notice means a continuing contravention notice under section 182 or 183C.

contravention notice means a continuing contravention notice or a future contravention notice.

contribution schedule principle means a principle under section 46 applicable to deciding the contribution schedule lot entitlements for the lots included in a community titles scheme.

deciding principle, for lot entitlements, means the principle on which the lot entitlements were decided, whether or not the principle is or has been identified as an applicable principle for deciding the lot entitlements under this Act as in force from time to time.

equality principle, in relation to contribution schedule lot entitlements, see section 46A(1).

existing scheme, for chapter 8, part 9, division 4, see section 378.

future contravention notice means a future contravention notice under section 183 or 183D.

lot owner agreement see section 111E.

market value principle, in relation to interest schedule lot entitlements, see section 46B(1).

material change—

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.

pre-adjustment order entitlements, for chapter 8, part 9, division 4, see section 378.

pre-commencement adjustment action see section 376(1).

relativity principle, in relation to contribution schedule lot entitlements, see section 46A(2) and (3).

relevant decision, for chapter 8, part 9, division 4, see section 378.

specified two-lot scheme see section 111C.

specified two-lot schemes module means a regulation module under this Act that may apply to only specified two-lot schemes within the meaning of section 111C(1) or (2).'.

(3) Schedule 6, definition commencement—

insert—

'(c) for chapter 8, part 9, see section 374.'.

(4) Schedule 6, definition complex dispute, paragraph (a), '48'—

omit, insert—

'47B(3)(a), 48(1)(a), 385(8)(a) or 387(6)(a)'.

(5) Schedule 6, definition respondent, paragraph (a)—

omit, insert—

'(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'.