Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 58

58 Submission for consideration of motions at committee meetings

(1) A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 221 (2) .

(2) Subject to subsections (3) and (5) , for each motion submitted, the committee must do either of the following—

(a) as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the
"decision period" ), decide the motion; or

(b) if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating—

(i) that the committee requires more time to decide the motion; and

(ii) the reason the committee requires more time; and

(iii) a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.

(3) The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted—

(a) a motion about the same issue; or

(b) 6 or more motions.

(4) If the committee decides not to decide a motion because subsection (3) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided.

(5) The committee must not decide a motion if—

(a) a decision on the motion would be a decision on a restricted issue for the committee; or

(b) the motion, if carried, would—

(i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or

(ii) be unlawful or unenforceable for another reason.

(6) The motion is taken to be not agreed to if—

(a) the committee does not decide the motion within the decision period; or

(b) the committee gives a notice under subsection (2) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.