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STRATA TITLES ACT 1985 - SCHEDULE 5

        [Heading inserted: No. 30 of 2018 s. 119.]

1 .         Terms used

                In this Schedule —

        amending Act means the Strata Titles Amendment Act 2018 ;

        commencement day means the day on which section 4 of the amending Act comes into operation.

        [Clause 1 inserted: No. 30 of 2018 s. 119.]

2 .         Continuance of strata titles schemes

        (1)         The coming into operation of the amending Act does not affect the continued existence of the following —

            (a)         a strata scheme or survey-strata scheme;

            (b)         a lot or common property in a strata scheme or survey-strata scheme;

            (c)         an estate or interest in a lot or common property in a strata scheme or survey-strata scheme;

            (d)         a strata company, its council or its officers.

        (2)         Each strata scheme for which a strata plan, and each survey-strata scheme for which a survey-strata plan, is registered immediately before commencement day is taken to be registered as a strata titles scheme.

        (3)         The strata plan or survey-strata plan, the by-laws of the strata company, and the schedule of unit entitlement for a strata scheme or survey-strata scheme, as registered immediately before commencement day, continue to be registered as scheme documents and can be amended as scheme documents.

        [Clause 2 inserted: No. 30 of 2018 s. 119.]

3 .         Scheme notice

                The name of a strata titles scheme and the address for service of a strata company remains as it is immediately before commencement day and may be amended as if specified in a scheme notice.

        [Clause 3 inserted: No. 30 of 2018 s. 119.]

4 .         Scheme by-laws

        (1)         The by-laws (including any management statement) of a strata company as in force immediately before commencement day continue in force, subject to this Act, as scheme by-laws and as if they had been made as governance by-laws or as conduct by-laws according to the classification into which they would fall if they had been made on commencement day.

        (2)         However, all by-laws that are in force immediately before commencement day in the terms set out in Schedule 1 clauses 11 to 15, or Schedule 2 clause 5, as then in force are taken to be repealed on commencement day.

        (3)         A by-law under section 42(8) as in force immediately before commencement day is taken to be an exclusive use by-law subject to this Act.

        (4)         A by-law in force immediately before commencement day that could have been made as a staged subdivision by-law if made on the commencement day is taken to be a staged subdivision by-law.

        (5)         By-laws made by a strata company before commencement day in accordance with the Act as in force when the by-laws were made —

            (a)         may be registered on or after commencement day even if they could not have been made on or after that day, provided an application for registration is made within 3 months after the making of the by-laws; and

            (b)         if registered, are taken to have been made as governance by-laws or as conduct by-laws according to the classification into which they would fall if they had been made on commencement day.

        (6)         By-laws in force immediately before commencement day that can only be amended or repealed with the consent or approval of the Planning Commission or local government are taken to have been made subject to a planning (scheme by-laws) condition.

        (7)         Sections 46 and 47 apply to scheme by-laws whether made or registered before, on or after commencement day and a penalty may be imposed by the Tribunal under section 47 whether or not the particular scheme by-law provides for a penalty as set out in section 42A as in force immediately before commencement day.

        [Clause 4 inserted: No. 30 of 2018 s. 119.]

5 .         Schedule of unit entitlements

                The schedule of unit entitlement registered for a strata scheme or survey-strata scheme immediately before commencement day continues to be registered as the schedule of unit entitlements for the scheme.

        [Clause 5 inserted: No. 30 of 2018 s. 119.]

6 .         Council members and officers

        (1)         A member of the council or officer of a strata company who continues in that capacity on commencement day —

            (a)         must inform the council in writing, as soon as practicable after that day, of any direct or indirect pecuniary or other interest that the person has that conflicts or may conflict with the performance of a function as a member of the council or, if applicable, an officer of the strata company; and

            (b)         in the case of a member of the council, must not vote on a matter in which the member has an interest required to be disclosed under paragraph (a).

        (2)         Subclause (1) does not apply to an interest arising solely from the fact that the member or officer is the owner of a lot in the strata titles scheme.

        (3)         Subclause (1)(a) does not apply to matters of which the member or officer has already informed the council in writing but subclause (1)(b) does apply to such matters.

        [Clause 6 inserted: No. 30 of 2018 s. 119.]

7 .         Applications lodged with Registrar of Titles before commencement day

        (1)         An application lodged with the Registrar of Titles but not finally dealt with before commencement day of a kind listed below is taken to have been lodged under section 56 as an application for registration of amendment of a scheme plan —

            (a)         application for registration of plan of re-subdivision under section 8A as in force immediately before commencement day;

            (b)         application for registration of strata/survey-strata plan of consolidation under section 9 as in force immediately before commencement day;

            (c)         application for registration of conversion of 1 or more lots into common property under section 10 as in force immediately before commencement day;

            (d)         application for registration of a transfer of land under section 18 as in force immediately before commencement day;

            (e)         an application for registration of a lease, transfer of a lease or sub-lease, or the surrender of a lease, under section 18 as in force immediately before commencement day (being an amendment relating to temporary common property);

            (f)         an application for registration of a transfer of common property under section 19 as in force immediately before commencement day;

            (g)         an application for registration of the creation or surrendering of an easement or restrictive covenant under section 20 as in force immediately before commencement day.

        (2)         An application lodged with the Registrar of Titles but not finally dealt with before commencement day for registration of an amended schedule of unit entitlement under section 15 as in force immediately before commencement day is taken to have been lodged under section 56 as an application for registration of an amendment of the schedule of unit entitlements.

        [Clause 7 inserted: No. 30 of 2018 s. 119.]

8 .         Approvals and certificates

        (1)         For the purposes of an application to the Registrar of Titles involving registration of scheme documents or amendments of scheme documents prepared before commencement day —

            (a)         a certificate of a licensed surveyor or licensed valuer given in relation to a strata plan, survey-strata plan or schedule of unit entitlement before commencement day in accordance with the Act as then in force is taken to comply with the requirements of the Act as amended by the amending Act; and

            (b)         an approval of the Planning Commission or local government given under a provision of the Act as in force immediately before commencement day is taken to be an approval under the corresponding provision of the Act as amended by the amending Act.

        (2)         The regulations may impose time limits within which an application to the Registrar of Titles must be made if it involves registration of scheme documents or amendments of scheme documents prepared before commencement day.

        [Clause 8 inserted: No. 30 of 2018 s. 119.]

9 .         Utility service easement

                A utility service easement applies to utility conduits whether installed before, on or after commencement day.

        [Clause 9 inserted: No. 30 of 2018 s. 119.]

10 .         Scheme developers

        (1)         Section 79 applies to contracts, leases and licences whether entered into or granted before, on or after commencement day in connection with a subdivision given effect by registration of a strata titles scheme or an amendment of a strata titles scheme on or after commencement day.

        (2)         A person who is a scheme developer of a subdivision immediately before commencement day must inform the strata company in writing, as soon as practicable on or after commencement day, of the following for each contract, lease or licence to which section 79 applies —

            (a)         details of any remuneration or other benefit (including savings connected with installation or commissioning of infrastructure for the provision of services under the contract) that the scheme developer or an associate of the scheme developer has received arising out of the contract, lease or licence;

            (b)         details of any other direct or indirect pecuniary interest that the scheme developer or an associate of the scheme developer has in the contract, lease or licence, other than as a member of the strata company.

        (3)         Subclause (2) does not apply to —

            (a)         matters of which the scheme developer has already informed the strata company in writing; or

            (b)         a contract, lease or licence relating to a subdivision given effect by registration of a strata titles scheme or an amendment of a strata titles scheme before commencement day.

        [Clause 10 inserted: No. 30 of 2018 s. 119.]

11 .         Structural alteration of lot

                An application to the Tribunal under section 90 may relate to a structural alteration made before commencement day.

        [Clause 11 inserted: No. 30 of 2018 s. 119.]

12 .         Records and correspondence

                Section 104(1) extends to records and correspondence made or kept under the Act as in force immediately before commencement day and to records and correspondence in the possession or control of a strata company immediately before commencement day.

        [Clause 12 inserted: No. 30 of 2018 s. 119.]

13 .         Strata managers

        (1)         A person (a strata manager ) may continue to perform scheme functions under a contract or volunteer agreement with a strata company that is in force immediately before commencement day for 6 months after that day and this Act applies, for that period, as if those functions were authorised to be performed by the strata manager under section 143 and as if the contract or volunteer agreement were a strata management contract.

        (2)         Subclause (1) —

            (a)         applies even if the functions could not be authorised under a strata management contract and even if the strata manager does not meet the requirements set out in section 144; and

            (b)         is subject to the variation or termination of the contract or volunteer agreement.

        (3)         A contract or volunteer agreement referred to in subclause (1) ceases to have effect 6 months after commencement day unless the strata manager then meets the requirements set out in section 144 and the contract or volunteer agreement then meets the requirements set out in section 145.

        (4)         Subject to any direction or resolution of the strata company to the contrary, a volunteer strata manager may continue to perform scheme functions performed by the strata manager immediately before commencement day for 6 months after commencement day even if the functions could not be authorised under a strata management contract and even if the strata manager does not meet the requirements set out in section 144.

        (5)         A strata manager to whom this clause applies must inform the strata company in writing, as soon as practicable on or after commencement day, of —

            (a)         any direct or indirect pecuniary or other interest that the strata manager has that conflicts or may conflict with the performance of the strata manager’s functions; and

            (b)         the amount or value of any remuneration or other benefit that the strata manager receives, or has a reasonable expectation of receiving (other than from the strata company) in connection with the performance of the strata manager’s functions.

        (6)         Subclause (5) does not apply to —

            (a)         remuneration or any other benefit that is less than an amount or value specified in or calculated in accordance with the regulations; or

            (b)         matters of which the strata manager has already informed the strata company in writing.

        [Clause 13 inserted: No. 30 of 2018 s. 119.]

14 .         Scheme disputes

        (1)         A scheme dispute may involve an event that occurred, or a matter that arose, before commencement day.

        (2)         In determining a scheme dispute, the Tribunal may apply the objectives set out in section 119 as if that section had been in force when the event occurred or the matter arose.

        [Clause 14 inserted: No. 30 of 2018 s. 119.]

15 .         Administrators

                A person who holds office as an administrator of a strata company under this Act immediately before commencement day continues to hold that office on the same terms and conditions and section 205 applies as if the administrator had been appointed under the Act as amended by the amending Act.

        [Clause 15 inserted: No. 30 of 2018 s. 119.]

16 .         Schedule 2A

                The clauses in Schedule 2A (except those in Part 1) are numbered as they were as sections in the body of the Act immediately before commencement day and anything done under any of those sections that may have effect after that day is taken to have been done under the corresponding clause.

        [Clause 16 inserted: No. 30 of 2018 s. 119.]

17 .         Short form easements and restrictive covenants

        (1)         If the regulations declare that an easement of a specified class created under section 5D as in force immediately before commencement day corresponds to a specified short form easement or restrictive covenant —

            (a)         an easement of that class that is in force immediately before commencement day is taken to be a short form easement or restrictive covenant of the specified kind; and

            (b)         the rights and obligations under the easement are those applicable to the specified short form easement or restrictive covenant.

        (2)         An easement created under section 5D to which subclause (1) does not apply and in force immediately before commencement day —

            (a)         continues in force on the same terms and conditions as if the amending Act had not been enacted; but

            (b)         may be discharged by amendment to the scheme plan as if it were a short form easement or restrictive covenant.

        [Clause 17 inserted: No. 30 of 2018 s. 119.]

18 .         Restricted use conditions

        (1)         A restriction on the use to which a parcel or part of a parcel may be put under section 6 as in force immediately before commencement day is taken to be a restricted use condition.

        (2)         A reference to a retired person in such a restricted use condition is a reference to that term within the meaning of section 6A as in force immediately before commencement day.

        [Clause 18 inserted: No. 30 of 2018 s. 119.]

19 .         Approvals for structural alterations

                An approval under section 7 or 7A as in force immediately before commencement day is taken to be an approval under section 87 or 88 respectively.

        [Clause 19 inserted: No. 30 of 2018 s. 119.]

20 .         Temporary common property

        (1)         Land leased under section 18 as in force immediately before commencement day is taken to be leased under section 92.

        (2)         Land noted on a strata plan or survey-strata plan under section 18(4) as in force immediately before commencement day that is leased by the strata company is taken to be temporary common property for the strata titles scheme as if the lease had been accepted under section 92.

        [Clause 20 inserted: No. 30 of 2018 s. 119.]

21 .         Termination of strata scheme by unanimous resolution

                If the documents required for termination of a strata titles scheme under section 30 or 30A as in force immediately before commencement day are lodged with the Registrar of Titles before commencement day, the Registrar of Titles must take the steps required under that section to terminate the scheme as if the amending Act had not been enacted.

        [Clause 21 inserted: No. 30 of 2018 s. 119.]

22 .         Roll

                A roll kept by a strata company under section 35A as in force immediately before commencement day is taken to be a roll kept under section 105.

        [Clause 22 inserted: No. 30 of 2018 s. 119.]

23 .         Financial management

        (1)         An administrative fund of a strata company established under section 36 as in force immediately before commencement day is taken to be an administrative fund established under section 100.

        (2)         A reserve fund of a strata company established under section 36 as in force immediately before commencement day is taken to be a reserve fund established under section 100.

        (3)         Contributions or other arrangements determined under section 36 as in force immediately before commencement day for any period that continues on or after commencement day are taken to be contributions or arrangements determined under section 100.

        (4)         Expenditure of a strata company already authorised for the current financial year under section 47 as in force immediately before commencement day but not expended before that day is taken to be authorised under section 102.

        [Clause 23 inserted: No. 30 of 2018 s. 119.]

24 .         Extension of contract termination period

                Any extension of a period applying to a contract under section 39A as in force immediately before commencement day is taken to have been made under section 115.

        [Clause 24 inserted: No. 30 of 2018 s. 119.]

25 .         Provision of information

                If an application has been made to a strata company under section 43 as in force immediately before commencement day but not complied with before that day, the strata company must deal with the application as if it had been made under section 107.

        [Clause 25 inserted: No. 30 of 2018 s. 119.]

26 .         Authorisation of body corporate

                An authorisation of an individual under section 45 as in force immediately before commencement day is taken to have been given under section 136.

        [Clause 26 inserted: No. 30 of 2018 s. 119.]

27 .         Restrictions on powers of expenditure

                A special resolution under section 47(1)(a) as in force immediately before commencement day is taken to be a special resolution under section 102(6)(a)(i).

        [Clause 27 inserted: No. 30 of 2018 s. 119.]

28 .         Insurance in transitional period

                For 12 months after commencement day, a strata company is not required to comply with Part 8 Division 1 Subdivision 2 or Schedule 2A Part 5 (as applicable to the strata company) if it complies with Part IV Division 4 of the Act as in force immediately before commencement day.

        [Clause 28 inserted: No. 30 of 2018 s. 119.]

29 .         Protection of buyers

                Part 5 of the Act as in force immediately before commencement day continues to apply, as if the amending Act had not been enacted, to —

            (a)         a contract for the sale and purchase of a lot in a strata titles scheme entered into before commencement day; and

            (b)         the buyer and seller for the contract; and

            (c)         any person who has been paid money in relation to that contract.

        [Clause 29 inserted: No. 30 of 2018 s. 119.]

30 .         Proceedings

        (1)         A proceeding in the District Court or Tribunal under this Act commenced before commencement day must be dealt with as if the amending Act had not been enacted.

        (2)         A proceeding under this Act that could have been, before commencement day, commenced in the District Court must instead be commenced in the Tribunal and the Tribunal has jurisdiction to hear and determine the matter.

        [Clause 30 inserted: No. 30 of 2018 s. 119.]


Notes

This is a compilation of the Strata Titles Act 1985 and includes amendments made by other written laws 9 . For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Strata Titles Act 1985

33 of 1985

6 May 1985

s. 1 and 2: 6 May 1985;
Act other than s. 1 and 2: 30 Jun 1985 (see s. 2 and Gazette 21 Jun 1985 p. 2188)

Strata Titles Amendment Act 1986

42 of 1986

1 Aug 1986

1 Aug 1986 (see s. 2)

Acts Amendment (Water Authority Rates and Charges) Act 1987 Pt. IX

24 of 1987

25 Jun 1987

14 Jul 1987 (see s. 2 and Gazette 14 Jul 1987 p. 2647)

Acts Amendment (Heritage Council) Act 1990 Pt. 2 Div. 6

97 of 1990

22 Dec 1990

25 Feb 1991 (see s. 2 and Gazette 22 Feb 1991 p. 868)

Retirement Villages Act 1992 s. 86

34 of 1992

19 Jun 1992

10 Jul 1992 (see s. 2 and Gazette 10 Jul 1992 p. 3185)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 19

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Planning Legislation Amendment Act (No. 2) 1994 s. 46(12)

84 of 1994

13 Jan 1995

1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567)

Caravan Parks and Camping Grounds Act 1995 s. 33

34 of 1995

29 Sep 1995

1 Jul 1997 (see s. 2 and Gazette 20 Jun 1997 p. 2805)

Strata Titles Amendment Act 1995 2, 5-8, 10

58 of 1995

20 Dec 1995

s. 1 and 2: 20 Dec 1995;
Act other than s. 1 and 2: 14 Apr 1996 (see s. 2 and Gazette 15 Mar 1996 p. 981)

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 s. 188

73 of 1995

27 Dec 1995

1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291)

Reprint of the Strata Titles Act 1985 as at 22 Apr 1996 (includes amendments listed above except those in the Caravan Parks and Camping Grounds Act 1995 )

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Strata Titles Amendment Act 1996 11, 12

61 of 1996

11 Nov 1996

s. 1 and 2: 11 Nov 1996;
Act other than s. 1 and 2: 20 Jan 1997 (see s. 2 and Gazette 17 Jan 1997 p. 405)

Licensed Surveyors Amendment Act 1996 s. 28

79 of 1996

14 Nov 1996

5 Apr 1997 (see s. 2 and Gazette 4 Apr 1997 p. 1750)

Transfer of Land Amendment Act 1996 s. 153(1)

81 of 1996

14 Nov 1996

14 Nov 1996 (see s. 2(1))

Reprint of the Strata Titles Act 1985 as at 20 Jan 1997 (includes amendments listed above except those in the Caravan Parks and Camping Grounds Act 1995 and the Licensed Surveyors Amendment Act 1996 )

Equal Opportunity Amendment Act (No. 3) 1997 s. 8

42 of 1997

9 Dec 1997

6 Jan 1998 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act 1997 s. 115

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 66

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 104

26 of 1999

29 Jun 1999

1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999 p. 2905)

Reprint of the Strata Titles Act 1985 as at 1 Jul 1999 (includes amendments listed above)

Statutes (Repeals and Minor Amendments) Act 2000 s. 40

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Corporations (Consequential Amendments) Act 2001 Pt. 49

10 of 2001

28 Jun 2001

15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)

Planning Appeals Amendment Act 2002 s. 28

24 of 2002

24 Sep 2002

18 Apr 2003 (see s. 2 and Gazette 17 Apr 2003 p. 1243)

Taxation Administration (Consequential Provisions) Act 2002 s. 23

45 of 2002

20 Mar 2003

1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2383)

Acts Amendment (Equality of Status) Act 2003 Pt. 56

28 of 2003

22 May 2003

1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)

Reprint 4: The Strata Titles Act 1985 as at 22 Aug 2003 (includes amendments listed above)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 67

65 of 2003

4 Dec 2003

1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)

Statutes (Repeals and Minor Amendments) Act 2003 s. 112 13

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Workers’ Compensation Reform Act 2004 s. 174

42 of 2004

9 Nov 2004

4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131)

Courts Legislation Amendment and Repeal Act 2004 Sch. 1 cl. 150 (other than the amendment to s. 116A(4)) 14

59 of 2004 (as amended by No. 2 of 2008 s. 77(12) and (13))

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 121 15, 16

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Reprint 5: The Strata Titles Act 1985 as at 20 May 2005 (includes amendments listed above)

Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15 17

38 of 2005

12 Dec 2005

9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)

Land Information Authority Act 2006 s. 160

60 of 2006

16 Nov 2006

1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)

Duties Legislation Amendment Act 2008 Sch. 1 cl. 36

12 of 2008

14 Apr 2008

1 Jul 2008 (see s. 2(d))

Legal Profession Act 2008 s. 707

21 of 2008

27 May 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

Reprint 6: The Strata Titles Act 1985 as at 25 Jul 2008 (includes amendments listed above except those in the Legal Profession Act 2008 )

Standardisation of Formatting Act 2010 s. 4

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Approvals and Related Reforms (No. 4) (Planning) Act 2010 s. 37

28 of 2010

19 Aug 2010

22 Nov 2010 (see s. 2(b) and Gazette 19 Nov 2010 p. 5709)

Building Act 2011 s. 174

24 of 2011

11 Jul 2011

2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033)

Water Services Legislation Amendment and Repeal Act 2012 s. 232

25 of 2012

3 Sep 2012

18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028)

Reprint 7: The Strata Titles Act 1985 as at 24 May 2013 (includes amendments listed above except those in the Water Services Legislation Amendment and Repeal Act 2012 )

Land Legislation Amendment Act 2015 Pt. 4

11 of 2015

29 Apr 2015

30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937)

Land Legislation Amendment (Taxing) Act 2015 Pt. 3

12 of 2015

29 Apr 2015

30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937)

Heritage Act 2018 s. 187

22 of 2018

18 Sep 2018

1 Jul 2019 (see s. 2(b) and Gazette 27 Jun 2019 p. 2375)

Strata Titles Amendment Act 2018 Pt. 2 20

30 of 2018

19 Nov 2018

1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2)

Swan Valley Planning Act 2020 Pt. 10 Div. 14

45 of 2020

9 Dec 2020

1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2)

Legal Profession Uniform Law Application Act 2022 Pt. 17 Div. 21

9 of 2022

14 Apr 2022

1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)

Transfer of Land Amendment Act 2022 Pt. 3 Div. 7

21 of 2022

24 Jun 2022

7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 67

43 of 2000

2 Nov 2000

To be proclaimed (see s. 2(2))

Other notes

1         Footnote no longer applicable.

2         The Strata Titles Amendment Act 1995 s. 5(5) reads as follows:


        (5)         A plan registered under the principal Act before the provision inserted by subsection (3) came into operation is declared to be, and to have always been, valid if it would have been valid at the time of registration had that provision been then in operation.


3         Deleted by the Building Act 2011 s. 153(2).

4         The Strata Titles Act 1966 was repealed by this Act, s. 131.

5         The Strata Titles Amendment Act 1995 s. 46(2) reads as follows:


        (2)         Expenditure made by the council of a strata company at any time before the commencement of subsection (1) that would have been within paragraph (e) of section 47(2) of the principal Act if that section had then been in operation is declared to be, and to have always been, as valid as it would have been if that section had been then in operation.


6         The Strata Titles Amendment Act 1995 s. 54(3) reads as follows:


        (3)         Any insurance effected and maintained by a strata company at any time before the commencement of subsection (1)(b) that would have been within section 55(1)(b) of the principal Act if that section and subsection (1)(b) had then come into operation is declared to be, and to have always been, as valid as it would have been if that section and subsection (1)(b) had then come into operation.


7         The Strata Titles Amendment Act 1995 s. 57(2) and (3) read as follows:


        (2)         Section 60, as inserted by subsection (1), applies to a plan registered after the commencement of this section.

        (3)         Section 60, as it existed before the commencement of this section, continues to apply, despite its repeal, to a plan registered before that commencement.


8         The Strata Titles Amendment Act 1995 s. 66 reads as follows:


66.         Transitional provision

                Despite their repeal by section 63, sections 68 and 69 of the principal Act continue to apply to any contract, agreement or document entered into before the commencement of section 63 and the provisions inserted into the principal Act by that section do not apply to any such contract, agreement or document.


9         The Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 Sch. 1 cl. 31 was repealed by the Criminal Law and Evidence Amendment Act 2008 s. 78(6).

10         The Strata Titles Amendment Act 1995 s. 38(2), 43(5) and (6), 45(3) and 93(2) are transitional provisions that are of no further effect.

11         The Strata Titles Amendment Act 1996 s. 12(2) and (3) and 34(4) are transitional provisions that are of no further effect.

12         The Strata Titles Amendment Act 1996 s. 30 reads as follows:


30.         Transitional provisions as to insurance

        (1)         If immediately before the day on which section 25 of the Strata Titles Amendment Act 1996 commences (the commencement day ) a strata company for a single tier strata scheme is maintaining insurance in respect of —

            (a)         buildings in the scheme; and

            (b)         damage to property, death or bodily injury,

                that after the commencement day satisfies the requirements of new section 53D(3), the strata company is to be taken to have made a determination for the purposes of new section 53B(2).

        (2)         Subsection (1) does not prevent the strata company exercising the power under new section 53B(2) to revoke a determination under that section.

        (3)         If immediately before the commencement day a strata company for a single tier strata company is exempt from the requirements of section 54 or 55(1)(c) of the principal Act by order of a referee under section 103J of that Act, the order continues in force after the commencement day as if the order exempted the strata company from the obligation to insure imposed on it by new section 53D.

        (4)         An order to which subsection (3) applies ceases to have effect if —

            (a)         at any time after the commencement day a proprietor serves notice in writing —

                  (i)         on the strata company ; or

                  (ii)         in the case of a two-lot scheme, on the other proprietor,

                that he requires the termination of the order; and

            (b)         the notice is recorded on the strata/survey-strata plan by the Registrar of Titles.

        (5)         It is for the person who has served a notice under subsection (4) to lodge a copy of the notice, accompanied by the prescribed form, with the Registrar of Titles for the purpose of subsection (4)(b).

        (6)         In this section —

        new section refers to a section inserted in the principal Act by section 25 of this Act.


13         The amendment in the Statutes (Repeals and Minor Amendments) Act 2003 s. 112(13) could not be done as the amendment was done in the 22 August 2003 reprint.

14         The Courts Legislation Amendment and Repeal Act 2004 Sch. 1 cl. 150 (to amend s. 116A(4)) and Sch. 2 cl. 48 were repealed by the Criminal Law and Evidence Amendment Act 2008 s. 77(12) and (13).

15         The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

16         The State Administrative Tribunal Regulations 2004 r. 39 and 63 read as follows:


39.         Strata Titles Act 1985

        (1)         In this regulation ¾

        commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 121 comes into operation.

        (2)         Subregulations (3) and (4) apply if —

            (a)         before the commencement day a person was given a notice under the Strata Titles Act 1985 section 79(1)(a) ; and

            (b)         the person had not before the commencement day made a written submission under section 79(1)(b) of that Act.

        (3)         If this subregulation applies, on or after the commencement day, the person given the notice may, within the time specified in the notice, or any longer time allowed under the Strata Titles Act 1985 section 79(1)(c), make a written submission to the Tribunal and the Tribunal is to take account of the submission as if the submission were a document provided in proceedings to be conducted in whole or part on the basis of documents under the Act section 60(2).

        (4)         If this subregulation applies, the Tribunal is not to make an order under the Strata Titles Act 1985 Part VI Division 3, other than under section 82, until after the expiration of the time specified for the making of written submissions in the notice given under section 79(1)(a) of that Act, or where a further notice has been given under section 79(1)(c) of that Act, the expiration of the longer time specified in that notice.

        (5)         If —

            (a)         before the commencement day a matter was being dealt with by the Strata Titles Referee under the Strata Titles Act 1985 and the Referee had made a requirement under section 80C(a) or (b) of that Act but that requirement had not been complied with before that day; and

            (b)         the matter is transferred to the Tribunal under the Act section 167(4)(a) or (b),

                the Tribunal has, in relation to that matter, the power that the Strata Titles Referee had under the Strata Titles Act 1985 section 80C(c) immediately before the commencement day.

63.         Strata Titles Act 1985

        (1)         In this regulation —

        commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 121 comes into operation;

        referee means a Strata Titles Referee appointed and holding office before the commencement day under the ST Act section 71;

        the ST Act means the Strata Titles Act 1985 .

        (2)         If —

            (a)         a special resolution authorising an application to a Land Valuation Tribunal under the ST Act section 16(1) for an order that the Schedule of unit entitlement be amended was passed before the commencement day; or

            (b)         a certificate under seal of a strata company certifying that the strata company has by special resolution authorised such an application,

                and an application has not been made to a Land Valuation Tribunal before the commencement day or an application to the Land Valuation Tribunal is transferred to the State Administrative Tribunal under the Act section 167, on and after the commencement day, the reference to a Land Valuation Tribunal in the special resolution and the certificate is to be read and construed as a reference to the State Administrative Tribunal.

        (3)         On and after the commencement day, a copy of an order certified under the ST Act by a referee as being a true copy is to be taken to have been certified by the executive officer of the State Administrative Tribunal.

        (4)         A certificate of a local government made before the commencement day which complies with the ST Act section 23(1)(a) or (3), as in force at the time the certificate was made, is to be taken, on and after the commencement day, to comply with the ST Act section 23(1)(a) or (3).

        (5)         A certificate issued before the commencement day by the Town Planning Appeal Tribunal under the ST Act section 27(9) or 25B(3)(a) certifying that an appeal has been upheld, is to be taken, on and after the commencement day, to be a certificate of the executive officer of the State Administrative Tribunal to the effect that a successful application has been made to the State Administrative Tribunal for a review of the Commission's refusal or failure to give an approval referred to in the ST Act section 25B(2).

        (6)         If a notice of refusal has been given under the ST Act section 26 before the commencement day, on or after the commencement day the notice is to be taken to inform the applicant of the right conferred by that section to apply for a review of the refusal.

        (7)         If, before the commencement day, the Minister or the Town Planning Appeal Tribunal has upheld an appeal under the ST Act section 26 but has not under section 26(11) of the ST Act issued to the applicant a certificate certifying that the appeal has been upheld, on or after the commencement day, the President of the State Administrative Tribunal may issue to the applicant a certificate certifying that the appeal has been upheld and that certificate has the same effect as a certificate issued under section 26(11) would have had if the certificate had been issued by the Minister or the Town Planning Appeal Tribunal before the commencement day.

        (8)         If a referee has determined under the ST Act section 39A(4)(c)(ii) (as in force at the time of the determination) that an agreement is unfair to the proprietors of 25% or more of the aggregate unit entitlement of the lots, on or after the commencement day that determination is to be taken to be a determination of the State Administrative Tribunal under the ST Act section 39A(4)(c)(ii).

        (9)         If before the commencement day —

            (a)         an application for an order was made to a referee in relation to a matter of a type referred to in the ST Act section 77A(1) (as in force at the time of the application); and

            (b)         the referee did not refer the application to the Retirement Villages Disputes Tribunal,

                on the commencement day the application is to be taken to be an application by an applicant for review to the State Administrative Tribunal under the State Administrative Tribunal Act 2004 and the applicant for the order of the referee is to be taken to be an applicant under that Act.

        (10)         If an appeal is commenced before the commencement day under the ST Act section 105 and a strata company is the respondent to a successful appeal under that section, section 111(1) is to be taken to apply to that strata company as if that subsection had not been amended by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 .

        (11)         If an order is made by the District Court under the ST Act section 113(1) (as in force immediately before the commencement day), on or after the commencement day the District Court must not cause the order and the records of the District Court relating to the appeal, including records forwarded to it by the referee when referring that appeal to the District Court, to be sent to the referee but must cause the order and those records to be sent to the executive officer of the State Administrative Tribunal.

        (12)         If an order is sent to the executive officer under subregulation (11), the executive officer must serve a copy of the order, certified by him or her to be a true copy, on —

            (a)         the strata company for the Scheme to which the order relates;

            (b)         the appellant;

            (c)         any person who was given notice under the ST Act section 105(6) (as in force immediately before the commencement day) of the time and place for the determination of the appeal; and

            (d)         any person who, by the order, is required to do or to refrain from doing a specified act.


17         The amendment in the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15, which gives effect to Sch. 2 cl. 63(9), to amend s. 25B(3) is not included because the subsection it sought to amend had been repealed by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1116.

18         The Land Legislation (Postponement of Expiry) Proclamation 2018 published by Gazette 21 Dec 2018 p. 4845-6 provides that the expiry of former section 131A (renumbered as section 225) is postponed until the end of 31 December 2024.

19         The Land Legislation (Postponement of Expiry) Proclamation 2024 cl. 4 (SL 2024/43) provides that the expiry of section 225 is postponed until the end of 31 December 2029.

20         Below is a list of the provisions of the Strata Titles Act 1985 that were renumbered and relocated by the Strata Titles Amendment Act 2018 . This table is intended as a general guide only.

Finding chart for relocated provisions

Former section or
clause number

New section or
clause number

Location of new
section or clause

s. 3A

cl. 3A

Schedule 2A Part 2

s. 3AB

cl. 3AB

Schedule 2A Part 2

s. 7

s. 87

Part 7 Division 2

s. 7B

s. 89

Part 7 Division 2

s. 12A

cl. 12A

Schedule 2A Part 3

s. 21A

cl. 21A

Schedule 2A Part 4 Division 1 Subdivision 1

s. 21B

cl. 21B

Schedule 2A Part 4 Division 1 Subdivision 1

s. 21C

cl. 21C

Schedule 2A Part 4 Division 1 Subdivision 1

s. 21D

cl. 21D

Schedule 2A Part 4 Division 1 Subdivision 1

s. 21E

cl. 21E

Schedule 2A Part 4 Division 1 Subdivision 2

s. 21F

cl. 21F

Schedule 2A Part 4 Division 1 Subdivision 2

s. 21G

cl. 21G

Schedule 2A Part 4 Division 1 Subdivision 2

s. 21H

cl. 21H

Schedule 2A Part 4 Division 1 Subdivision 2

s. 21I

cl. 21I

Schedule 2A Part 4 Division 1 Subdivision 2

s. 21J

cl. 21J

Schedule 2A Part 4 Division 1 Subdivision 2

s. 21P

cl. 21P

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21Q

cl. 21Q

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21R

cl. 21R

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21S

cl. 21S

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21T

cl. 21T

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21U

cl. 21U

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21V

cl. 21V

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21W

cl. 21W

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21X

cl. 21X

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21Y

cl. 21Y

Schedule 2A Part 4 Division 1 Subdivision 3

s. 21Z

cl. 21Z

Schedule 2A Part 4 Division 1 Subdivision 3

s. 24


Part 3 Division 2

s. 26

s. 28

Part 3 Division 4

s. 28

s. 166

Part 11 Division 1

s. 29

s. 167

Part 11 Division 2

s. 29A

s. 168

Part 11 Division 2

s. 29B

s. 169

Part 11 Division 2

s. 29C

s. 196

Part 12 Division 7

s. 31A

cl. 31A

Schedule 2A Part 4 Division 2

s. 31B

cl. 31B

Schedule 2A Part 4 Division 2

s. 31C

cl. 31C

Schedule 2A Part 4 Division 2

s. 31D

cl. 31D

Schedule 2A Part 4 Division 2

s. 31E

cl. 31E

Schedule 2A Part 4 Division 2

s. 31F

cl. 31F

Schedule 2A Part 4 Division 2

s. 31G

cl. 31G

Schedule 2A Part 4 Division 2

s. 31H

cl. 31H

Schedule 2A Part 4 Division 2

s. 31I

cl. 31I

Schedule 2A Part 4 Division 2

s. 31J

cl. 31J

Schedule 2A Part 4 Division 2

s. 31K

cl. 31K

Schedule 2A Part 4 Division 2

s. 33

s. 103

Part 8 Division 1 Subdivision 4

s. 34

s. 139

Part 8 Division 5

s. 35

s. 91

Part 8 Division 1 Subdivision 1

s. 35A

s. 105

Part 8 Division 1 Subdivision 5

s. 36

s. 100

Part 8 Division 1 Subdivision 3

s. 37

s. 116

Part 8 Division 1 Subdivision 7

s. 38

s. 94

Part 8 Division 1 Subdivision 1

s. 39A

s. 115

Part 8 Division 1 Subdivision 7

s. 44

s. 135

Part 8 Division 4

s. 45

s. 136

Part 8 Division 4

s. 53A

cl. 53A

Schedule 2A Part 5

s. 53B

cl. 53B

Schedule 2A Part 5

s. 53C

cl. 53C

Schedule 2A Part 5

s. 53D

cl. 53D

Schedule 2A Part 5

s. 53E

cl. 53E

Schedule 2A Part 5

s. 57

s. 84

Part 7 Division 1

s. 60

s. 67

Part 5 Division 4

s. 61

s. 68

Part 5 Division 4

s. 62

s. 69

Part 5 Division 4

s. 62A

s. 70

Part 5 Division 4

s. 63

s. 71

Part 5 Division 4

s. 64

s. 72

Part 5 Division 4

s. 65

s. 73

Part 5 Division 4

s. 65A

s. 74

Part 5 Division 4

s. 66

s. 75

Part 5 Division 4

s. 67

s. 76

Part 5 Division 4

s. 122

s. 211

Part 14

s. 122A

s. 212

Part 14

s. 123

s. 213

Part 14

s. 123B

s. 214

Part 14

s. 124

s. 170

Part 11 Division 3

s. 126

s. 217

Part 14

s. 129B

s. 219

Part 14

s. 129C

s. 220

Part 14

s. 129D

s. 221

Part 14

s. 130

s. 224

Part 14

s. 131A

s. 225

Part 14

s. 131B

s. 226

Part 14


Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
2, 3, 4 or 5-lot scheme         3(1)
acquiring authority         169(4)
address for service         3(1)
ADI         3(1)
administrative fund         3(1), 100(1)
administrator         3(1)
allowed period         89(2)
amending Act         Sch. 5 cl. 1
amendment         3(1), 3(1)
appointed day         Sch. 3 cl. 1(1)
approved form         3(1)
assistance animal         3(1)
associate         3(1)
Authority         3(1)
base lines         3(1)
building         3(1)
camping ground         212(3)
capital value         3(1)
caravan park         212(3)
chairperson         3(1), 3(1)
commencement day         Sch. 5 cl. 1
Commissioner of Titles         3(1)
common property         3(1), 10(1), 10(2), 10(3)
common property (utility and sustainability infrastructure) easement         3(1)
company         Sch. 3 cl. 1(1)
conduct by-laws         3(1)
contract         3(1)
contract of mortgage insurance         84(1)
contributions         3(1)
council         3(1)
cubic space         3(1)
date of the contract         163(4)
designated function         140(4)
designated interest         3(1)
designated strata company         100(7)
development         3(1)
disability         3(1)
disposition statement         3(1), 222, Sch. 2A cl. 21V(2) and 31H(2)
electronic address         3(1)
encumbrance         3(1)
exclusive use by-laws         3(1)
Exclusive use by-laws         43(1)
existing small strata scheme         Sch. 2A cl. 21A
expiry day         3(1)
financial year         3(1)
first mortgagee         3(1)
floor         3(1)
floor area of a cubic space         3(1)
floor plan         3(1)
former Act         Sch. 3 cl. 1(1)
former by-law         Sch. 3 cl. 1(1)
former common property         Sch. 3 cl. 1(1)
former lot         Sch. 3 cl. 1(1)
former parcel         Sch. 3 cl. 1(1)
former proprietor         Sch. 3 cl. 1(1)
former strata scheme         Sch. 3 cl. 1(1)
freehold scheme         3(1), 8(2)
fundamental covenant or condition         3(1), 52(1)
governance by-laws         3(1)
independent advocate         178A(1)
infrastructure         3(1)
infrastructure contract         3(1), 64(1)
infrastructure owner         3(1), 64(3)
insurable asset         3(1)
interim development order         3(1)
interim order         201(1)
item registered or recorded         3(1)
judicial member         3(1)
key document         3(1)
land         3(1)
lease         3(1)
leasehold by-laws         3(1)
Leasehold by-laws         40(1)
leasehold scheme         3(1), 8(3)
legally qualified member         3(1)
licensed surveyor         3(1)
licensed valuer         3(1)
local government         3(1)
local planning scheme         3(1)
location plan for a strata scheme         3(1)
lot         Sch. 2A cl. 2
lot in a strata scheme         3(1)
lot in a survey-strata scheme         3(1)
member         3(1), 3(1)
Minister for Lands         196(3)
monetary order         3(1)
mortgage         3(1)
mortgagee         3(1)
notifiable variation         3(1)
occupier         3(1)
officer         3(1)
on common property         3(1)
open space         3(1)
order to act         3(1)
ordinary resolution         3(1), 123(7)
original proprietor         3(1)
owner         3(1)
owner of a lot         Sch. 2A cl. 53A
owner of the leasehold scheme         8(3)
parcel         3(1)
permitted boundary deviation         Sch. 2A cl. 3
planning approval         3(1)
Planning Commission         3(1)
planning (scheme by-laws) condition         3(1)
plot ratio         3(1)
post-1985 company         Sch. 4 cl. 1
prescribed period         27(7), 28(8)
present         3(1)
President         3(1)
proper interest in information about a strata titles scheme         107(2)
proponent         3(1), 173
proxy         125(2)
real estate agent         163(4)
redefining plan         169(1)
Register         3(1)
registered lease         3(1)
registered mortgage         3(1)
Registrar of Titles         3(1)
replacement value         3(1)
reserve fund         3(1), 100(2)
resolution without dissent         3(1), 123(2) and (3)
restricted use condition         3(1), 32(2)
schedule of unit entitlements         3(1)
scheme         Sch. 2A cl. 53A
scheme building         3(1)
scheme by-laws         3(1)
scheme developer         3(1)
scheme dispute         3(1)
scheme disputes         197(1) and (3)
scheme document         3(1)
scheme documents         12(1)
scheme function         3(1)
scheme notice         3(1)
scheme participant         3(1)
scheme participants         197(2)
scheme plan         3(1)
settlement agent         163(4)
settlement date         3(1)
short form easement or restrictive covenant         3(1), 33(1)
show cause notice         151(3)
single tier strata scheme         Sch. 2A cl. 3
site value         3(1)
sketch plan         Sch. 2A cl. 21T(1)
special common property         3(1), 43(1)
special lot         3(1)
special lots         43(1)
special resolution         3(1), 123(4), (5) and (6)
staged subdivision by-laws         3(1)
Staged subdivision by-laws         42(1)
statutory easement         3(1)
strata company         3(1), Sch. 2A cl. 53A
strata lease         3(1)
strata leasehold estate         3(1)
strata management contract         3(1), 144(1)
strata manager         3(1), 143(1), Sch. 5 cl. 13(1)
strata plan         3(1)
strata scheme         3(1), 9(3)
strata title         3(1), 13(1)
strata titles scheme         3(1)
structural alteration of a lot         86
structural cubic space         3(1), Sch. 2A cl. 2
structure         86
subdivided         11(1)
subdivision         3(1), 11(2)
survey-strata plan         3(1)
survey-strata scheme         3(1), 9(3)
sustainability infrastructure         3(1)
take         3(1)
taken         3(1)
taking         3(1)
taking order         196(3)
temporary common property         3(1)
termination day         Sch. 3 cl. 12(2)
termination infrastructure report         3(1), 179(2)
termination proposal         3(1), 174(1)
termination resolution         3(1)
termination valuation report         3(1), 179(3)
Transfer of Land Act requirements         3(1)
transition period         Sch. 4 cl. 1
Tribunal         3(1)
type 1 notifiable variation         3(1)
type 1 subdivision         3(1)
type 2 notifiable variation         3(1)
type 2 subdivision         3(1)
type 3 subdivision         3(1)
type 4 subdivision         3(1)
unanimous resolution         3(1), 123(1)
unit entitlement         3(1), 37(1)
utility conduit         3(1)
utility infrastructure         3(1)
utility service         3(1)
utility service easement         3(1), 63(1)
vacant lot         3(1)
volunteer strata manager         3(1)
wall         3(1)
working day         3(1)


© State of Western Australia 2023


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This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State of Western Australia 2023


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By Authority: GEOFF O. LAWN, Government Printer




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