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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Body Corporate and
Community Management
Amendment Bill 2009
Queensland
Body Corporate and Community
Management Amendment Bill 2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of s 212 (Cancellation for not complying with basic
requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
212 Provision about settlement taken to be included in
contract .......................... 4
212A Buyer may cancel if there is no proposed community
management statement . . . . . . . . . . . . . . . . . . . . . . . 5
4 Insertion of new ch 8, pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 6A Transitional provision for Body Corporate and
Community Management Amendment Act
2009
362A Section 212 to have retrospective affect. . . . . . . . . . . 5
2009
A Bill
for
An Act to amend the Body Corporate and Community
Management Act 1997
Body Corporate and Community Management Amendment Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Body Corporate and Community 3
Management Amendment Act 2009. 4
Clause 2 Act amended 5
This Act amends the Body Corporate And Community 6
Management Act 1997. 7
Clause 3 Replacement of s 212 (Cancellation for not complying 8
with basic requirements) 9
Section 212-- 10
omit, insert-- 11
`212 Provision about settlement taken to be included in 12
contract 13
`(1) This section applies to a contract entered into by a person (the 14
seller) with another person (the buyer) for the sale to the 15
buyer of a lot intended to come into existence as a lot included 16
in a community titles scheme when the scheme is established 17
or changed. 18
`(2) The contract is taken to include a term (the deemed term) 19
providing that, despite any other term of the contract, 20
settlement must not take place earlier than 14 days after the 21
seller gives advice to the buyer that the scheme has been 22
established or changed. 23
`(3) The deemed term has priority over any other term of the 24
contract relating to settlement. 25
`(4) Without limiting subsection (3), any notice the seller gives to 26
the buyer is void to the extent it is inconsistent with the 27
deemed term. 28
Page 4
Body Corporate and Community Management Amendment Bill 2009
[s 4]
`212A Buyer may cancel if there is no proposed community 1
management statement 2
`(1) This section applies to a contract entered into by a person with 3
another person (the buyer) for the sale to the buyer of a lot 4
intended to come into existence as a lot included in a 5
community titles scheme when the scheme is established or 6
changed. 7
`(2) When the contract is entered into there must be a proposed 8
community management statement for the scheme as 9
established or changed. 10
`(3) The buyer may cancel the contract if-- 11
(a) there has been a contravention of subsection (2); and 12
(b) the contract has not already been settled.'. 13
Clause 4 Insertion of new ch 8, pt 6A 14
Chapter 8-- 15
insert-- 16
`Part 6A Transitional provision for Body 17
Corporate and Community 18
Management Amendment Act 19
2009 20
`362A Section 212 to have retrospective affect 21
`(1) Section 212, as inserted by the Body Corporate and 22
Community Management Amendment Act 2009, (the inserted 23
section) applies, to the exclusion of existing section 212(1), to 24
a contract mentioned in the inserted section whether entered 25
into before or after the commencement. 26
`(2) Subject to subsection (3), subsection (1) applies for all 27
purposes (including a legal proceeding started but not decided 28
before the commencement). 29
Page 5
Body Corporate and Community Management Amendment Bill 2009
[s 4]
`(3) Subsection (1)-- 1
(a) does not apply for the purpose of a contract settled 2
before 5 June 2009; and 3
(b) does not apply for the purpose of-- 4
(i) a contract that has, before 5 June 2009, been 5
lawfully cancelled because the contract failed to 6
make provision as required by existing section 7
212(1); or 8
(ii) a legal proceeding relating to the lawfulness of the 9
cancellation; and 10
(c) does not apply for the purpose of a legal proceeding 11
decided before the commencement. 12
`(4) In this section-- 13
commencement means the commencement of this section. 14
existing section 212(1) means section 212(1) as in force 15
before the commencement. 16
legal proceeding, in subsection (2), includes an appeal from a 17
legal proceeding mentioned in subsection (3)(c).'. 18
© State of Queensland 2009
Page 6
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