Victorian Current Acts

OWNERS CORPORATIONS ACT 2006 - SECT 3

In this Act—

S. 3 def. of agent provider inserted by No. 34/2018 s. 4.

"agent provider" means a person who, for a fee, arranges and manages short-stay accommodation on behalf of a lot owner, lessee or sub-lessee;

"amend" in relation to a rule, includes add to or replace;

"approved form" means form approved by the Director under section 200;

"bank account" means an account with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

"building" includes—

        (a)     a structure and part of a building or a structure; and

        (b)     walls, out-buildings, service installations and other appurtenances of a building; and

        (c)     a boat or a pontoon which is permanently moored or fixed to land;

S. 3 def. of Building Code of Australia inserted by No. 34/2018 s. 4.

"Building Code of Australia" has the same meaning as it has in section 3(1) of the Building Act 1993 ;

"business day" means a day that is not—

        (a)     a Saturday or Sunday; or

        (b)     a public holiday appointed under the Public Holidays Act 1993 ;

"Business Licensing Authority" means the Business Licensing Authority established under the Business Licensing Authority Act 1998 ;

"common property" means land shown as common property on a plan of subdivision or a plan of strata or cluster subdivision;

"Council" means the Council of the municipal district in which the land in the plan is located;

"CPA Australia" means CPA Australia A.C.N. 008 392 452;

S. 3 def. of Director amended by No. 21/2012 s. 239(Sch.  6 item 33.1).

"Director" has the same meaning as it has in the Australian Consumer Law and Fair Trading Act 2012 ;

"externally administered body corporate" has the same meaning as it has in the Corporations Act;

"function" includes duty and authority;

S. 3 def. of guest inserted by No. 4/2021 s. 3(1).

"guest" does not include a contractor or a tradesperson engaged by the occupier of a lot;

S. 3 def. of hotel and resort management contract inserted by No. 4/2021 s. 3(1).

"hotel and resort management contract "means, in relation to a hotel, resort or serviced apartment complex on land affected by an owners corporation—

        (a)     a letting agreement to provide an on‑site letting manager (being a manager who lives at the hotel, resort or serviced apartment complex who manages letting of accommodation at the hotel, resort or complex); or

        (b)     a common property agreement (including but not limited to a lease or a licence) to use common property for the purposes of—

              (i)     operating an on-site letting business at the hotel, resort or serviced apartment complex; or

Example

Office, storage area or reception area.

              (ii)     providing caretaking services at the hotel, resort or serviced apartment complex; or

        (c)     a building maintenance or facilities management agreement to provide caretaking services at the hotel, resort or serviced apartment complex; or

        (d)     any prescribed agreement or prescribed class of agreement relating to the management of a hotel, resort or serviced apartment complex by a third party;

S. 3 def. of inspector amended by No. 21/2012 s. 239(Sch.  6 item 33.2).

"inspector" means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012 ;

"land" includes buildings and airspace;

"land affected by an owners corporation" means the lots the owners for the time being of which are members of the owners corporation together with the common property for which the owners corporation is responsible;

"Licensing Registrar" means the Registrar of the Business Licensing Authority appointed under the Business Licensing Authority Act 1998 ;

"limited owners corporation" has the same meaning as it has in the Subdivision Act 1988 ;

"lot" has the same meaning as it has in the Subdivision Act 1988 ;

"lot affected by an owners corporation" means a lot the owner for the time being of which is a member of the owners corporation;

"lot entitlement" in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot entitlement for that lot, expressing the extent of the lot owner's interest in any common property affected by the owners corporation;

"lot liability" in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot liability for that lot, expressing the proportion of the administrative and general expenses of the owners corporation which the lot owner is obliged to pay;

"lot owner", in relation to an owners corporation, means an owner of a lot affected by the owners corporation;

S. 3 def. of non–occupiable lot inserted by No. 4/2021 s. 3(1).

"non-occupiable lot" means—

        (a)     a car park; or

        (b)     a storage locker; or

        (c)     a lot that is not ordinarily used for residential or business purposes;

S. 3 def. of occupiable lot inserted by No. 4/2021 s. 3(1).

"occupiable lot" means a lot that is ordinarily used for residential or business purposes;

S. 3 def. of ordinary resolution inserted by No. 2/2008 s. 12(1).

"ordinary resolution" means a resolution other than a special resolution or a unanimous resolution;

"owner" has the same meaning as it has in the Subdivision Act 1988 ;

"owners corporation" means a body corporate which is incorporated by registration of a plan of subdivision or a plan of strata or cluster subdivision;

"owners corporation register" means the register kept by an owners corporation in accordance with section 147;

"plan of subdivision" has the same meaning as plan has in the Subdivision Act 1988 ;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. 121.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3 def. of prescribed owners corporation repealed by No. 4/2021 s. 3(2).

    *     *     *     *     *

"Register" means the Register under the Transfer of Land Act 1958 ;

"registered manager" means a manager registered under Part 6;

"Registrar" has the same meaning as it has in the Transfer of Land Act 1958 ;

"rules" in relation to an owners corporation, means the rules of the owners corporation for the time being in force;

S. 3 def. of services only owners corporation inserted by No. 4/2021 s. 3(1).

"services only owners corporation" means an owners corporation for a subdivision that has no land or building that is designated as the common property and either—

        (a)     the initial owner of the subdivision has arranged for a utility company to install common meters that are designated as the common property; or

        (b)     the subdivision has a common supply or common service that is unmetered;

S. 3 def. of short-stay accommo-dation inserted by No. 34/2018 s. 4.

"short-stay accommodation "means accommodation provided under a short-stay accommodation arrangement;

S. 3 def. of short-stay accommo-dation arrangement inserted by No. 34/2018 s. 4.

"short-stay accommodation arrangement" means a lease or licence for a maximum period of 7 days and 6 nights to occupy a lot or part of a lot affected by an owners corporation that is—

        (a)     in a building wholly classified as
a Class 2 building in Part A3.2 of Volume One of the Building Code
of Australia; or

        (b)     in the case of a building where only part of that building is classified as
a Class 2 building in Part A3.2 of Volume One of the Building Code of Australia—in that part of the building;

S. 3 def. of short-stay occupant inserted by No. 34/2018 s. 4.

"short-stay occupant" means a person who occupies a lot or part of a lot under a short-stay accommodation arrangement;

S. 3 def. of short-stay provider inserted by No. 34/2018 s. 4.

"short-stay provider" means—

        (a)     the owner of a lot or part of a lot that is leased or licensed by the owner to a person under a short-stay accommodation arrangement; or

        (b)     a lessee or sub-lessee of the owner of
a lot or part of a lot that is leased or licensed by the lessee or sub-lessee to
a person under a short-stay accommodation arrangement; or

        (c)     an agent provider;

S. 3 def. of tier five owners corporation inserted by No. 4/2021 s. 3(1).

tier five owners corporation has the meaning given by section 7(6) ;

S. 3 def. of tier four owners corporation inserted by No. 4/2021 s. 3(1).

tier four owners corporation has the meaning given by section 7(5) ;

S. 3 def. of tier one owners corporation inserted by No. 4/2021 s. 3(1).

tier one owners corporation has the meaning given by section 7(2) ;

S. 3 def. of tier three owners corporation inserted by No. 4/2021 s. 3(1).

tier three owners corporation has the meaning given by section 7(4);

S. 3 def. of tier two owners corporation inserted by No. 4/2021 s. 3(1).

tier two owners corporation has the meaning given by section 7(3) ;

S. 3 def. of
2–lot subdivision inserted by No. 4/2021 s. 3(1).

2-lot subdivision means an owners corporation comprising of 2 occupiable lots;

"unlimited owners corporation" has the same meaning as it has in the Subdivision Act 1988 .

Part 2—Functions and powers of owners corporation

Division 1—Functions and powers of owners corporation