Northern Territory Numbered Acts

UNIT TITLE SCHEMES ACT 2009 (NO 14 OF 2009) - SECT 20

    (1)     The following is responsible for preparing a scheme statement:

    (a)     for the first scheme statement of a scheme (otherwise than as mentioned in paragraph (b)) – the original owner;

    (b)     for the first scheme statement of a scheme formed by the amalgamation of 2 or more basic schemes under section 71 or  2010_Actu012.html#_Ref207166585">72 – the body corporate of each of the basic schemes;

    (c)     for a subsequent scheme statement reflecting an agreement to adjust the unit entitlements under section 41 – the parties to the agreement;

    (d)     for a subsequent scheme statement reflecting an acquisition of scheme land under section 42 – the acquisition authority;

    (e)     for a subsequent scheme statement implementing a stage of a development as mentioned in section 66 – the developer;

    (f)     for a scheme statement prescribed by regulation – a person specified in the regulation;

    (g)     otherwise – the body corporate.

    (2)     A person responsible for preparing a scheme statement under subsection (1) must also:

    (a)     obtain the endorsement of the scheme statement by the consent authority; and

    (b)     obtain the endorsement of the scheme statement by the body corporate if the person is not the body corporate and the scheme statement is a subsequent scheme statement; and

    (c)     lodge the scheme statement if it is a scheme statement covered by subsection (1)(b) or (g); and

    (d)     pay the costs associated with preparing, endorsing and registering the scheme statement.

    (3)     The original owner must, within 1 month after the first scheme statement is registered, give a copy of it and evidence of its registration to the body corporate.

Fault element:     Strict liability offence.

Maximum penalty:     100 penalty units.

    (4)     Except as otherwise provided by this Act, a body corporate that has endorsed a scheme statement must lodge the scheme statement within 3 months after the endorsement.

Fault element:     Strict liability offence.

Maximum penalty:     100 penalty units.

Example for subsection (4)

Provisions that may affect this subsection include sections 40 (5) and 2010_Actu012.html#_Ref130783737">97 (3).

    (5)     It is a defence to a prosecution for an offence against subsection (3) or (4) if the defendant establishes a reasonable excuse.