Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
UNIT TITLES AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Unit Titles
Amendment Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Unit Titles Amendment
Bill 2005
A Bill for
An Act to amend the
Unit Titles Act 2001,
and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Unit Titles Amendment Act 2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Unit Titles Act 2001.
Note This Act also amends the Land Titles (Unit Titles) Act
1970 (see sch 1).
4 Provisional
building damage
order—applicationSection 154 (1) (c)
and (d)
after
cancellation authority
insert
or cancellation order
substitute
160 Cancellation authority—grant by planning
and land authority
insert
(1A) On application for a cancellation authority, the planning and land
authority may—
(a) grant the cancellation authority; or
(b) refuse to grant the cancellation authority.
omit
if satisfied on reasonable grounds
insert
only if satisfied
omit
authorised
substitute
supported
renumber subsections when Act next republished under Legislation
Act
substitute
161 Cancellation authority—period of
effect
insert
Division 11.2 Cancellation
orders
161A Cancellation orders—Supreme Court
powers
(1) An owners corporation may apply to the Supreme Court for an order (a
cancellation order) authorising the cancellation of the units
plan.
(2) On an application for a cancellation order, the Supreme Court
may—
(a) make a cancellation order; or
(b) make a provisional cancellation order under section 161B;
or
(c) dismiss the application.
(3) The Supreme Court may make a cancellation order only if satisfied that
it is just and equitable to make the order (including any directions, or a
declaration, mentioned in subsection (4)) having regard to the interests of
everyone with interests in the units.
(4) A cancellation order may include either or both of the
following:
(a) directions to be complied with after cancellation of the units
plan;
(b) a declaration of the provisions that are to govern the new lease
arising under section 162 to take account of any variation of a lease of any
unit, or the common property, made or applied for since the units plan was
registered.
(5) A direction mentioned in subsection (4) (a) may be enforced as if it
were a judgment of the Supreme Court obtained by someone for whose benefit the
direction was given against the person required to comply with the
direction.
(6) A cancellation order remains in force for the period stated in the
order.
161B Cancellation orders—provisional
orders
(1) On an application for a cancellation order for a units plan, the
Supreme Court may make a provisional cancellation order for the units plan
imposing conditions or giving directions (or both) to be complied with before
the court makes a cancellation order.
(2) The Supreme Court may make a provisional cancellation order for a
units plan only if satisfied that—
(a) it is necessary for either or both of the following
purposes:
(i) to protect the interests of the Territory;
(ii) to adjust the rights and duties of everyone who has registered
interests in the units, between each other, to the extent that the rights and
duties may be affected by the cancellation of the units plan; and
(b) it is just and equitable to make the order having regard to the
interests of everyone with interests in the units.
(3) A provisional cancellation order remains in force for the period
stated in the order.
161C Cancellation orders—after provisional
order is made
(1) This section applies if—
(a) the Supreme Court makes a provisional cancellation order for a units
plan on an application under section 161A; and
(b) the owners corporation subsequently applies for a cancellation order
under that section.
(2) The Supreme Court may make a cancellation order under
section 161A if satisfied that the conditions and directions stated in the
provisional cancellation order have been complied with.
161D Cancellation orders—right of
appearance
(1) The following have a right to appear on an application for a
cancellation order for a units plan:
(a) the owners corporation;
(b) a unit owner;
(c) someone else with an interest in a unit, or the common property, that
is recorded on the corporate register;
(d) an insurer who has insured a building on the parcel for
section 132 (Building insurance by owners corporation);
(e) the chief executive, for the Territory.
(2) An owners corporation that applies for a cancellation order must serve
a copy of the application on everyone else who has a right to appear, except the
chief executive.
Note The applicant may serve the application on a person who has a
right to appear at the person’s address for correspondence shown on the
corporate register. Other forms of service are also permitted. See s
80.
(3) A person who has a right to appear may be represented by a lawyer or
someone else.
(4) The registrar of the Supreme Court must give a copy of an application
for a cancellation order to the chief executive.
substitute
Division 11.3 Effects of
cancellation
13 Cancellation
of units plan—effectsSection
162
after
cancellation authority
insert
or cancellation order
14 Cancellation
of units plan—new lease over
parcelSection 163 (1)
(c)
omit
(Cancellation authority—grant)
insert
(Cancellation authority—grant by planning and land authority) or any
declaration of the Supreme Court under section 161A (4) (b) (Cancellation
orders—Supreme Court powers)
substitute
165 Dissolution of owners corporation—Supreme
Court powers
omit
Magistrates Court
substitute
Supreme Court
substitute
(b) a unit owner;
(ba) someone else with an interest in a unit, or the common property, that
is recorded on the corporate register;
renumber paragraphs when Act next republished under Legislation
Act
omit
Magistrates Court
substitute
Supreme Court
substitute
169 Dissolution of owners corporation on lease
expiry—Supreme Court powers
omit
Magistrates Court
substitute
Supreme Court
substitute
(b) a unit owner;
(ba) someone else with an interest in a unit, or the common property, that
is recorded on the corporate register;
renumber paragraphs when Act next republished under Legislation
Act
omit
Magistrates Court
substitute
Supreme Court
25 Dictionary,
definition of cancellation dissolution order
substitute
cancellation dissolution order—see section 165
(Dissolution of owners corporation—Supreme Court powers).
26 Dictionary,
new definition of cancellation order
insert
cancellation order—see section 161A (Cancellation
orders—Supreme Court powers).
27 Dictionary,
definition of expiry dissolution order
substitute
expiry dissolution order—see section 169 (Dissolution
of owners corporation on lease expiry—Supreme Court powers).
Schedule
1 Consequential amendments—Land
Titles (Unit Titles) Act 1970
(see s 3)
substitute
16 Cancellation of units
plans—registration
The registrar-general must register a cancellation authority or
cancellation order on the lodgment of the authority or order while it is stated
to remain in force.
Note A cancellation authority is an
authority granted by the planning and land authority for the cancellation of a
units plan (see Unit Titles Act 2001, s 160). A cancellation
order is a Supreme Court order authorising the cancellation of a units
plan (see Unit Titles Act 2001, s 161A).
[1.2] Section
17 (1), (2) and (3)
after
cancellation authority
insert
or cancellation order
[1.3] Section
17 (1) and (2)
after
registration of the authority
insert
or order
after
cancellation authority
insert
or cancellation order
substitute
19 Amendment of units plans—registration of
authorities
omit
ministerial
[1.7] Section
19 (1), notes
omit
a ministerial authority
substitute
an authority
omit
a ministerial authority
substitute
an authority
after
cancellation authority
insert
or cancellation order
after
registration of the authority
insert
or order
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
[Index]
[Search]
[Download]
[Related Items]
[Help]