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UNIT TITLE SCHEMES ACT 2009 (NO 14 OF 2009) - SECT 68

Layered schemes

    (1)     A scheme is a layered scheme if:

    (a)     it is not a subsidiary scheme of another scheme; and

    (b)     it is a higher scheme of 1 or more other schemes.

Note for subsection (1)

The scheme land of the layered scheme therefore consists of the following:

(a)     the scheme land of all its subsidiary schemes;

(b)     the common property of the layered scheme;

(c)     any other unit of the layered scheme.

    (2)     The following are the member schemes of the layered scheme:

    (a)     the layered scheme;

    (b)     each subsidiary scheme of the layered scheme.

    (3)     Except as otherwise provided by this Act, a member scheme must operate independently of another member scheme.

Notes for subsection (3)

1     A decision of the body corporate of a subsidiary scheme is not normally required to be endorsed by the body corporate of a higher scheme unless it is specifically required under this Act.

2     Provisions of this Act that might affect the general rule in this subsection include sections 11 (3), 2010_Actu012.html#_Ref206987099">13 (2), 2010_Actu012.html#_Ref205952245">29 (6) and 2010_Actu012.html#_Ref214023815">52 (1)(a).

3     The member schemes are not required to have the same management module and by-laws. See sections 94 (6) and 2010_Actu012.html#_Ref191526666">95 (4).



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