{"id":"cullen-bay-marina-regulations-1993","name":"CULLEN BAY MARINA REGULATIONS 1993","slug":"cullen-bay-marina-regulations-1993","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176730,"registerId":"nt-cullen-bay-marina-regulations-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CULLEN BAY MARINA REGULATIONS 1993","content":"NORTHERN TERRITORY OF AUSTRALIA\nCULLEN BAY MARINA REGULATIONS 1993\nAs in force at 31 July 2024\nTable of provisions\nPart 1 Preliminary\n1 Citation ............................................................................................ 1\n2 Interpretation ................................................................................... 1\nPart 2 Management Corporation and committee\nDivision 1 General\n3 Joint owners and body corporate members may appoint\nrepresentative .................................................................................. 2\n4 Seal of Management Corporation .................................................... 2\n5 Address of Management Corporation .............................................. 3\n6 Management Corporation to act through committee........................ 3\nDivision 2 Functions and powers of Management\nCorporation\n7 Functions of Management Corporation ........................................... 3\n8 Powers of Management Corporation ............................................... 4\n9 Records to be kept .......................................................................... 4\n10 Management Corporation roll .......................................................... 5\n11 Proper books of account to be kept ................................................. 6\n12 Determination of contributions ......................................................... 7\n13 Levy of contributions........................................................................ 8\n14 Administrative Fund and Sinking Fund ............................................ 9\n15 Banking and investment of Corporation money ............................. 10\n16 Management Corporation's power to borrow ................................. 10\n17 Apportionment of expenditure in respect of staged\ndevelopment .................................................................................. 11\n18 Statement of members' liability to Management Corporation\nand inspection of documents ......................................................... 11\n19 Improvements to common property ............................................... 13\n20 Breaches may be remedied ........................................................... 13\n21 Agreements with members ............................................................ 13\n22 Special privileges relating to common property ............................. 13\n23 Power of entry ............................................................................... 14\n24 Recovery for certain acts ............................................................... 14\n25 Recovery of expenditure resulting from fault ................................. 15\n26 Liability of co-owners ..................................................................... 15\n27 Restrictions on powers of Management Corporation ..................... 15\n\nCullen Bay Marina Regulations 1993 ii\nDivision 3 Committee of Management Corporation\n28 Constitution of committee before first annual general meeting ...... 16\n29 Constitution of committee after first annual general meeting ......... 16\n30 Vacation of office of member of committee.................................... 17\n31 Meetings of committee .................................................................. 18\n32 Chairperson, Secretary and Treasurer .......................................... 18\n33 Powers and functions of Treasurer ................................................ 19\n34 Delegation by Treasurer ................................................................ 20\n35 Committee's decisions to be decisions of Management\nCorporation .................................................................................... 20\n36 Statutory restrictions on powers of committee ............................... 21\n37 Restrictions imposed on committee by Management\nCorporation .................................................................................... 22\n38 Delegation by committee ............................................................... 22\n39 Employees ..................................................................................... 22\n40 Records to be kept by committee .................................................. 23\n41 Validity of acts of committee .......................................................... 23\nDivision 4 General meetings of Management Corporation\n42 Annual general meetings ............................................................... 24\n43 First annual general meeting ......................................................... 24\n44 General meeting after registration of second or subsequent\ncompleted stage of development ................................................... 25\n45 Convening of general meeting other than first annual general\nmeeting .......................................................................................... 25\n46 Notice of general meetings ............................................................ 26\n47 Quorum at general meeting ........................................................... 27\n48 Scrutineers .................................................................................... 27\n49 Chairperson to have names of persons entitled to vote ................. 27\nDivision 5 Voting at general meetings\n50 Voting by members........................................................................ 27\n51 Methods of voting .......................................................................... 28\n52 Resolutions .................................................................................... 28\n53 Limitation on voting power of Developer........................................ 29\n54 Voting by mortgagees .................................................................... 29\n55 Restrictions on motions and nominations ...................................... 30\n56 Declaration by Chairperson of result of voting ............................... 31\n57 Polls ............................................................................................... 31\n58 Votes may be cast personally or by proxy ..................................... 31\n59 Limits on voting by proxy or as nominee ....................................... 31\n60 Voting by Chairperson ................................................................... 32\n61 No vote unless dues paid .............................................................. 32\n62 Absentee votes on resolutions without dissent .............................. 33\n63 Joint voters .................................................................................... 33\n64 Capacity to vote ............................................................................. 33\n\nCullen Bay Marina Regulations 1993 iii\n65 Amendment or revocation of certain resolutions............................ 34\nPart 3 Duties of owners and occupiers\n66 Duties of owners and occupiers of lots .......................................... 34\n67 Notice to Management Corporation ............................................... 35\nPart 4 Insurance\n68 Insurance by Management Corporation ........................................ 35\n69 Insurable interests of Management Corporation ............................ 37\nPart 4A Subdivision and consolidation of lots\n69A Method of subdivision and consolidation ....................................... 37\n69B Form and contents of plan ............................................................. 37\n69C Lot entitlements ............................................................................. 38\nPart 5 Miscellaneous\n70 Facilities for service of documents................................................. 38\n71 Service of documents .................................................................... 38\n72 Fences ........................................................................................... 39\nPart 6 Transitional matters for Justice Legislation\nAmendment Regulations 2024\n73 Chairperson and Deputy Chairperson continue ............................. 39\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 31 July 2024\n____________________\nCULLEN BAY MARINA REGULATIONS 1993\nRegulations under the Cullen Bay Marina Act 1992\nPart 1 Preliminary\n1 Citation\nThese Regulations may be cited as the Cullen Bay Marina\nRegulations 1993.\n2 Interpretation\nIn these Regulations, unless the contrary intention appears:\nadministrative fund means the Administrative Fund established by\nthe Management Corporation under regulation 14.\nChairperson means the person elected as Chairperson under\nregulation 32.\ncommittee means the committee of the Management Corporation\nconstituted under regulation 28 or 29, as the case requires.\ncorporation manager means the person appointed under\nregulation 39 to be the corporation manager.\ninitial period means the period ending 3 months after the day on\nwhich the Management Corporation is constituted or the day on\nwhich there are owners (other than the Developer) of lots the\nsubject of the lots plan the sum of whose lot entitlements is not less\nthan one third of the aggregate lot entitlement, whichever is the\nlater.\njointly owned, in relation to a lot, means ownership of the lot by\n2 or more persons whether as joint tenants or as tenants in\ncommon.\nmaintenance means keeping in a state of good repair within the\nmeaning of regulation 7(c) and (d) and includes painting, renewal or\nreplacement of fixtures and fittings where necessary and\nsurveillance of water quality.\n\nPart 2 Management Corporation and committee\nDivision 1 General\nCullen Bay Marina Regulations 1993 2\nordinary resolution, see regulation 52(1).\nresolution without dissent, see regulation 52(3).\nroll means the roll referred to in regulation 10.\nsecretary means the person elected as secretary under\nregulation 32.\nsinking fund means the Sinking Fund established by the\nManagement Corporation under regulation 14.\nspecial resolution, see regulation 52(2).\ntreasurer means the person elected as treasurer under\nregulation 32.\nPart 2 Management Corporation and committee\nDivision 1 General\n3 Joint owners and body corporate members may appoint\nrepresentative\n(1) Where a lot is jointly owned or is owned by a body corporate, the\nowners shall, from time to time, by notice in writing to the\nChairperson, appoint a person to represent them for the purposes\nof this Division and Divisions 3, 4 and 5 (other than regulations 46,\n61, 62 and 63) and, in that event, those Divisions apply as if the\nperson were the owner of the lot.\n(2) The appointment of a person under subsection (1) has effect until\nthe Chairperson receives notice in writing from the owner of the lot\nof the cancellation of the appointment or of the appointment of\nanother person.\n4 Seal of Management Corporation\n(1) The common seal of the Management Corporation shall be kept in\naccordance with the directions of the committee.\n(2) The seal shall be used only by the authority of the committee and\nshall be affixed to an instrument or document in the presence of the\nsecretary and at least one other committee member or, in the\nabsence of the secretary, two committee members, who shall attest\nthat fact and the date of the affixing of the seal by their signatures.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 3\n(3) Notwithstanding subregulations (1) and (2), a committee member\nshall, for the purpose of exercising a power or performing a function\ndelegated to the member under regulation 38, be entitled to have\nthe custody of the common seal of the Management Corporation\nand to affix it to an instrument or document, and where the member\nso affixes it, shall attest the fact and the date of the affixing of the\nseal by his or her signature.\n(4) Where a committee member referred to in subregulation (3) has\naffixed the common seal of the Management Corporation to a\ndocument, the member shall be taken to have done so under the\nauthority of a delegation made under regulation 38.\n5 Address of Management Corporation\n(1) Until amended in accordance with subregulation (2), the address for\nservice of notices on the Management Corporation shall be the\naddress on the lot plan.\n(2) Where the Management Corporation in a general meeting resolves\nto change its address for the service of notices it shall, as soon as\npracticable, notify the Registrar-General in accordance with the\nLand Title Act 2000 and the Registrar-General shall make the\nnecessary amendments to the Registrar-General's records\naccordingly.\n6 Management Corporation to act through committee\n(1) On and after the constitution of the Management Corporation, there\nshall be a committee of the Corporation, constituted in accordance\nwith regulation 28 or 29 as the case requires, that may, subject to\nthese Regulations, exercise the powers and perform the functions\nimposed or conferred on the Corporation.\n(2) The powers and functions referred to in subregulation (1) shall be\nexercised or performed by the committee in such manner as the\nManagement Corporation, by resolution passed at a general\nmeeting, directs or, in the absence of such a resolution, in such\nmanner as the committee thinks fit.\nDivision 2 Functions and powers of Management Corporation\n7 Functions of Management Corporation\nThe functions of the Management Corporation include:\n(a) the enforcement of the By-laws;\n(b) the implementing of the decisions of the Corporation;\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 4\n(c) the control, management and administration of the common\nproperty, including the maintenance of apparatus and\nequipment of any kind used or intended, adapted or designed\nfor use in the provision of services in respect of, or for the use\nand enjoyment of, the common property, the mooring basin\nand associated activities including the mooring, servicing,\nprovisioning and fuelling of marine vessels; and\n(d) the maintenance in a state of good repair and proper order of\nthe common property and all chattels in its possession,\ncustody or control, including personal property vested in the\nCorporation.\n8 Powers of Management Corporation\n(1) The Management Corporation has the powers and functions\nconferred or imposed on it by or under the Act and these\nRegulations and, subject thereto, has the control, management and\nadministration of the common property.\n(2) The Management Corporation may do such things as are incidental\nor ancillary to the exercise of its powers and the performance of its\nfunctions.\n9 Records to be kept\n(1) The Management Corporation shall cause to be kept proper\nrecords of:\n(a) notices under these Regulations or any other Act, given by or\nto the Corporation; and\n(b) orders made by a court or tribunal and served on the\nCorporation.\n(2) The Management Corporation shall cause to be kept and\nmaintained, for not less than 10 years:\n(a) minutes of its meetings which shall include particulars of\nmotions passed at its meetings;\n(b) its books of accounts; and\n(c) the records referred to in subregulation (1).\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 5\n10 Management Corporation roll\n(1) The Management Corporation shall prepare and maintain a roll\nwhich shall include:\n(a) a copy of the By-laws;\n(b) a copy of insurance policies relating to the common property;\nand\n(c) particulars in relation to each lot.\n(2) The Management Corporation shall maintain the roll:\n(a) in such form or combination of forms;\n(b) in such medium or combination of mediums; and\n(c) in such manner,\nas it thinks fit.\n(3) A reference to a medium in subregulation (2) includes, but is not\nlimited to, a computer, micro film or paper.\n(4) In relation to subregulation (1)(c), particulars relating to each lot\nshall be entered on a separate page or part of the roll.\n(5) The information required to be entered in the roll relating to a lot\nshall include particulars of:\n(a) the lot entitlement;\n(b) the name and address of:\n(i) the owner of the lot for the service of notices; and\n(ii) the person appointed by the owner by notice in writing\ngiven to the Management Corporation to represent the\nmember at meetings of the Corporation;\n(c) if the lot is in possession of a mortgagee, the entry into\npossession of the lot by the mortgagee in accordance with a\nwritten notice given to the Management Corporation; and\n(d) the name and address of a person who has become entitled,\nother than as a transferee, to the lot in accordance with a\nwritten notice given to the Management Corporation.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 6\n(6) The information required to be entered in the part of the roll relating\nto the common property shall include a copy of each policy of\ninsurance in relation to the common property which shall include\nparticulars of:\n(a) the name of the insurance company and the number of the\npolicy;\n(b) the nature of the risk insured against and the amount of the\ninsurance; and\n(c) the date on which the premium was last paid, the amount of\nthe premium and the due date for payment.\n(7) For the purposes of this regulation:\n(a) an owner or the mortgagee of a lot;\n(b) a person authorised in writing by the owner or mortgagee of a\nlot; or\n(c) a person who signs (by himself or by his agent) a contract for\nsale or other instrument that is intended to bind the person\n(absolutely or conditionally) to purchase a lot in respect of\nwhich the application is made from the owner of that lot or a\nperson authorised in writing by the first mentioned person,\nmay, at a reasonable time, on payment of a reasonable fee\ndetermined by the Management Corporation, inspect that part of\nthe roll, or obtain from the Management Corporation a copy of that\npart of the roll, relating to the lot.\n11 Proper books of account to be kept\n(1) The Management Corporation shall keep proper books of account\nin respect of money received or expended by the Corporation,\nshowing the items in respect of which the money was received or\nexpended.\n(2) The Management Corporation shall cause to be prepared from the\naccount books a proper statement of accounts of the Corporation in\nrespect of each period commencing on the date of its incorporation\nor the date to which the previous statement was prepared and\nending on a date not earlier than 3 months before each annual\ngeneral meeting.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 7\n12 Determination of contributions\n(1) The Management Corporation shall, within one month after the\nexpiration of the initial period, and from time to time as it thinks fit,\ndetermine the amount necessary to be raised for the period (not\nexceeding 12 months) specified in the determination, by way of\ncontributions for the purpose of meeting the liabilities that the\nCorporation may reasonably be expected to incur or that it has\nincurred during the period including:\n(a) costs incurred in exercising its powers and performing its\nfunctions under these Regulations, other than liabilities\nreferred to in subregulation (2);\n(b) the costs of carrying out maintenance of the common property\nand all chattels in its possession, custody or control including\npersonal property vested in the Corporation; and\n(c) the payment of premiums for insurance of the common\nproperty.\n(2) The Management Corporation shall, within 12 months after the\nexpiration of the initial period and from time to time as it thinks fit,\ndetermine the amount necessary to be raised for the period (not\nexceeding 12 months) specified in the determination, by way of\ncontributions for the purpose of meeting the Corporation's actual or\nexpected liabilities in respect of:\n(a) the maintenance of part of the common property that is a\nbuilding, wall or other structure;\n(b) subject to regulations 19 and 36, improvements to the\ncommon property;\n(c) the acquisition of personal property;\n(d) the renewal or replacement of fixtures or fittings comprised in\nthe common property or in personal property vested in the\nCorporation;\n(e) money in respect of a liability that the Corporation is not in a\nposition to pay immediately and for which it is not required to\nlevy contributions to meet the liability; or\n(f) liabilities expected to be incurred in relation to which payment\nis to be made out of the sinking fund.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 8\n(3) Where the Management Corporation becomes liable for a sum for\nwhich it has insufficient funds to enable it to pay, it shall determine\nthe amount necessary to be raised by way of contributions for the\npurpose of meeting the liability.\n(4) A determination made by the Management Corporation under this\nregulation may specify that the amounts to be raised shall be raised\nby regular periodic contributions as specified in the determination.\n13 Levy of contributions\n(1) The Management Corporation shall, from time to time, by notice in\nwriting served on each person liable for its payment, levy\ncontributions payable under these regulations in respect of each lot.\n(2) Subject to subregulation (5), the contribution shall be levied on the\nperson liable for the contribution to raise the amounts referred to in\nregulation 12 in the same proportion as the lot entitlement of his or\nher lot, as at the date of the determination, bears to the aggregate\nlot entitlement of all the lots at that date.\n(3) The notice shall specify the amount, the time for and the manner of\npayment, of the contributions.\n(4) Where the developer is the owner of a lot the developer is\nresponsible for payment of contributions.\n(5) Where an expenditure relates to a specific liability under\nregulation 12(2)(e), and for which it has no funds, the Management\nCorporation may determine, by special resolution, that contributions\nfor the expenditure may be in a proportion other than the lot\nentitlement of each lot.\n(6) The owner of a lot is liable, jointly and severally with a person who\nwas liable to pay a contribution levied under these Regulations\nwhen the owner became the owner of the lot, to pay such part of\nthe contribution that remained unpaid when he or she became the\nowner.\n(7) The owner of a lot is liable for the regular periodic contributions\nreferred to in regulation 12(4) to the administrative fund and sinking\nfund duly levied on the owner, whether or not the notice of the levy\nof the contributions was served on the owner.\n(8) Without affecting the liability of the owner of the lot, where a\nmortgagee is in possession of a lot, the mortgagee is liable jointly\nand severally with the owner for a contribution on the lot levied\nunder these Regulations.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 9\n(9) A contribution levied under this regulation:\n(a) becomes due and payable to the Management Corporation in\naccordance with the Corporation's determination to make the\nlevy;\n(b) bears interest compounding monthly at the rate of 10% per\nyear, or such lesser amount as the Corporation, by special\nresolution, determines; and\n(c) may be recovered as a debt by the Corporation in a court of\ncompetent jurisdiction, and recovery may include such\nreasonable costs, if any, as the court allows.\n(10) Interest paid under subregulation (9)(b) shall form part of the fund\nto which the contribution belongs.\n14 Administrative Fund and Sinking Fund\n(1) The Management Corporation shall establish a fund to be known as\nthe Administrative Fund.\n(2) The Management Corporation shall pay into the administrative fund\nthe following:\n(a) the amounts paid as contributions determined under\nregulation 12(1);\n(b) amounts received by the Corporation, including proceeds of\nthe sale or disposal of the Corporation's personal property;\n(c) fees paid under regulation 10(7) or 18(2);\n(d) amounts paid to it by way of discharge of insurance claims.\n(3) The Management Corporation shall establish a fund to be known as\nthe Sinking Fund.\n(4) The Management Corporation shall pay into the sinking fund the\nfollowing:\n(a) the amounts paid as contributions determined under\nregulation 12(2);\n(b) amounts paid to it by way of discharge of insurance claims not\npaid into the administrative fund;\n(c) any amounts received by the Corporation and not payable or\npaid into the administrative fund.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 10\n(5) Interest received on an investment made under this regulation shall\nform part of the fund from which the money to make the investment\nwas expended.\n(6) Subject to subregulation (7), the Management Corporation shall not\ndisburse money:\n(a) from the administrative fund except for the purpose of meeting\nliabilities referred to in regulation 12(1); or\n(b) from the sinking fund except for the purpose of meeting\nliabilities referred to in regulation 12(2).\n(7) The Management Corporation shall not disburse money from the\nadministrative fund or the sinking fund except for the purpose of\ncarrying out its powers and functions under these Regulations.\n15 Banking and investment of Corporation money\n(1) The Management Corporation shall open and maintain ADI\naccounts for its administrative and sinking funds and shall pay into\nthe relevant account all money received by it and shall pay from the\nrelevant account all money expended by it.\n(2) Subject to subregulation (3), the Management Corporation's money\nmay be invested:\n(a) in such manner as trust funds may be invested under the\nTrustee Act 1893; or\n(b) in such other manner as is authorised by a special resolution.\n(3) The Management Corporation shall not invest its money in\nmortgage of land.\n(4) No moneys shall be paid out of an account referred to in this\nregulation except on the authority of the Management Corporation.\n16 Management Corporation's power to borrow\nThe Management Corporation may, if authorised by special\nresolution:\n(a) borrow money required by it for the purpose of performing its\nduties or functions or exercising its powers; and\n(b) secure the repayment of money borrowed by it and the\npayment of interest on the money,\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 11\non such terms and conditions relating to the security, repayment\nand interest in such manner as is agreed between the Corporation\nand the lender.\n17 Apportionment of expenditure in respect of staged\ndevelopment\nNotwithstanding anything in this Part, money due to or held by the\nManagement Corporation immediately before the grant of freehold\ntitle to land relating to a second or subsequent completed stage of\nthe development shall be apportioned for expenditure on or in\nrelation to the completed lots and common property in the\ndevelopment immediately before the grant of the freehold title to\nland relating to the second or subsequent completed stage of the\ndevelopment.\n18 Statement of members' liability to Management Corporation\nand inspection of documents\n(1) A person referred to in regulation 10(7) may apply to the\nManagement Corporation in relation to any matter referred to in\nsubregulation (3).\n(2) An application under subregulation (1) shall be in writing\naccompanied by a fee, not exceeding the reasonable cost to the\nManagement Corporation of providing the information or making\navailable the books and records, as the Corporation determines by\nresolution.\n(3) The matters in relation to which an application may be made under\nthis regulation include:\n(a) the name and address of each person who is the Chairperson,\nsecretary or treasurer or a member of the committee;\n(b) inspection of:\n(i) the relevant part of the roll;\n(ii) the notices and orders referred to in regulation 9;\n(iii) the plans, specifications, certificates, diagrams and other\ndocuments required under these Regulations;\n(iv) the minutes of general meetings of the Management\nCorporation and of the committee;\n(v) the books of account of the Management Corporation;\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 12\n(vi) a copy of the statement of accounts of the Management\nCorporation last prepared by it in accordance with\nregulation 11(2);\n(vii) every current policy of insurance effected by the\nManagement Corporation and the receipt for the\npremium last paid in respect of each policy;\n(viii) any other record or document in the custody or under\nthe control of the Management Corporation; and\n(ix) the By-laws;\n(c) the provision of a certificate relating to the lot for which the\napplication was made as to:\n(i) the amount of regular periodic contributions determined\nby the Management Corporation under regulation 12(1)\nand (2) and the periods for which the contributions are\npayable; and\n(ii) the amount, if any, that remains unpaid of a contribution\nlevied under regulation 12; and\n(d) the provision of a copy of the By-laws.\n(4) The Management Corporation shall, as soon as reasonably\npracticable after receipt of an application:\n(a) provide the information requested; or\n(b) make available the books and records of the Corporation for\ninspection, and give the applicant reasonable opportunity to\nmake the inspection.\nMaximum penalty: 3.5 penalty units.\n(5) Where the Management Corporation and the applicant fail, within\n3 days after receipt of the application by the Corporation, to agree\non the time and place at which an inspection under\nsubregulation (3)(b) is to take place, the Corporation shall, without\ndelay, by notice sent by post to the applicant or his or her agent, fix\na day for the inspection, not later than 10 days after receipt of the\napplication, and time, between 9 a.m. and 8 p.m., specified in the\nnotice.\n(6) In this regulation inspect, in relation to a document, includes\nmaking copies of or taking extracts from the document.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 13\n19 Improvements to common property\n(1) The Management Corporation may make or cause to be made\nimprovements to the common property where:\n(a) the Corporation, by resolution without dissent, so resolves;\n(b) the Corporation resolves by special resolution in general\nmeeting that the improvements are essential for the health,\nsafety or security of users of the common property; or\n(c) the costs of the improvements in a particular case do not\nexceed the amount calculated under subregulation (2).\n(2) For the purposes of subregulation (1)(c), the cost of the\nimprovement shall not exceed the amount obtained using $200 as\nthe multiplicand and the number of lots (other than the common\nproperty) in the lot plan as the multiplier.\n20 Breaches may be remedied\n(1) Where a person commits a breach, by act or omission, of these\nRegulations, the Management Corporation may serve on the\nperson a notice in writing giving particulars of the breach and\nrequiring the person to remedy it within a reasonable time specified\nin the notice.\n(2) Where the person on whom the notice under subregulation (1) has\nbeen served fails to comply with the notice, the Management\nCorporation may remedy the breach.\n21 Agreements with members\nThe Management Corporation may, if authorised by a special\nresolution, enter into and carry out an agreement with the owner or\noccupier of a lot providing for the repair or maintenance of the lot or\nfor the provision of amenities or services by the Corporation to the\nlot or to the owner or occupier.\n22 Special privileges relating to common property\n(1) The Management Corporation may, if authorised by a special\nresolution, grant to a member or a person who has derived an\ninterest in a lot through a member, a special privilege, other than a\nlease, in respect of the enjoyment of a part of the common property.\n(2) A grant under subregulation (1) may be terminated in accordance\nwith an ordinary resolution by notice in writing given by the\nManagement Corporation to the grantee.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 14\n23 Power of entry\n(1) The Management Corporation may, by its employees, agents or\ncontractors, enter a lot:\n(a) to exercise its powers under these Regulations;\n(b) to do any work required to be carried out by the Corporation in\naccordance with a notice given by a statutory corporation or a\nmunicipal authority; or\n(c) to renew or replace its personal property or fixtures that are\npart of the common property.\n(2) The power to enter referred to in subregulation (1) may be\nexercised by the Management Corporation:\n(a) in an emergency – at any time; or\n(b) in any other case – at a reasonable time after notice in writing\nhas been given to the owner or occupier of a lot that is likely to\nbe affected.\n(3) Where the owner of a lot is a member of a body corporate the\nowner or an occupier of the lot shall be taken to have received a\nnotice referred to in subregulation (2)(b) if the notice is sent to the\nbody corporate by prepaid post to the last address entered on the\nroll.\n(4) A person shall not obstruct or hinder the Management Corporation\nin the exercise of its powers under this Regulation.\nMaximum penalty for an offence against this subregulation:\n1.7 penalty units.\n24 Recovery for certain acts\n(1) Where the Management Corporation has performed an act that it\nwas required or authorised by these Regulations or any other law in\nforce in the Territory to perform, and that related to one lot only or\nsome of the lots only, the money expended by the Corporation in\nperforming that act is recoverable by the Corporation as a debt from\nthe owner or owners for the time being of that lot or those lots.\n(2) Where the act referred to in subregulation (1) related to some of the\nlots only, the amount recoverable from an owner in respect of a lot\nbears to the whole amount of the debt the same proportion as the\nlot entitlement of the lot bears to the aggregate lot entitlement of all\nthose lots.\n\nPart 2 Management Corporation and committee\nDivision 2 Functions and powers of Management Corporation\nCullen Bay Marina Regulations 1993 15\n(3) For the purposes of this regulation:\n(a) act includes repairs and work; and\n(b) an act shall be deemed to relate to a lot if, but only if, the act is\nwholly or substantially for the benefit of the lot or wholly or\nsubstantially the liability or the responsibility of the owner of\nthe lot.\n25 Recovery of expenditure resulting from fault\nWhere the Management Corporation has incurred expenditure or\nperformed any repairs, work or act that it was required or\nauthorised by these Regulations or any other law in force in the\nTerritory, to perform, the expenditure, repairs, work or act having\nbeen rendered necessary by reason of a wilful or negligent act or\nomission on the part of an owner, the amount of the expenditure, or\nof money expended by the Corporation in performing the repairs,\nwork or act, is recoverable by it from the owner as a debt.\n26 Liability of co-owners\nWhere a lot is jointly owned and an amount is recoverable under\nregulations 12, 13, 24 or 25 from the owner of the lot, the liability of\nthe persons in respect of the payment of the amount is joint and\nseveral.\n27 Restrictions on powers of Management Corporation\n(1) Notwithstanding anything contained elsewhere in these\nRegulations, the Management Corporation shall not, during the\ninitial period:\n(a) alter the common property or erect a structure on the common\nproperty; or\n(b) borrow money or give securities,\nunless the doing of the thing is authorised by an order of a court or\ntribunal.\n(2) Without affecting any other remedy available against the Developer,\nwhere the Management Corporation contravenes subregulation (1):\n(a) the Developer is liable for a loss suffered by the Corporation\nor an owner of a lot as a result of the contravention; and\n(b) the Corporation or an owner may recover from the Developer,\nas damages for breach of statutory duty, a loss suffered by it\nor him or her,\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 16\nunless:\n(c) the contravention occurred without the knowledge of the\nDeveloper;\n(d) the Developer was not in a position to influence the conduct of\nthe Corporation in relation to the contravention; or\n(e) the Developer, being in such a position, used due diligence to\nprevent the contravention.\nDivision 3 Committee of Management Corporation\n28 Constitution of committee before first annual general meeting\n(1) Until the first annual general meeting, the committee consists of all\nthe members of the Management Corporation.\n(2) Until the first annual general meeting, the committee shall not\nperform a duty or function imposed, or exercise a power conferred,\non the Management Corporation unless it is authorised by a special\nresolution to do so.\n29 Constitution of committee after first annual general meeting\n(1) After the first annual general meeting the committee shall consist of\nsuch number of eligible persons, being not less than 4 nor more\nthan 12, as are elected by the persons who are owners of lots.\n(2) A person is an eligible person for the purposes of subregulation (1)\nif the person is:\n(a) an owner of a lot;\n(b) a nominee of a body corporate that is an owner of a lot;\n(c) a person who is nominated for election by an owner of a lot\nwho is not a candidate for election,\n(3) Subject to this regulation, the number of members of the committee\nmay be varied by ordinary resolution of the Management\nCorporation passed at a general meeting.\n(4) The members of the committee shall be elected at each annual\ngeneral meeting.\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 17\n(5) Subject to regulation 30, the term of office of a member of the\ncommittee commences at the first meeting of the committee held\nafter the annual general meeting at which the person is elected as a\nmember and ends immediately after the annual general meeting\nnext following.\n(6) The Management Corporation may, by special resolution, remove a\nmember of the committee before the expiry of the person's term of\noffice and appoint another member of the Corporation in his or her\nplace to hold office for the unexpired period of the term.\n(7) A member of the committee may, with the consent of the\ncommittee, appoint a person to act in his or her place at a meeting\nof the committee, and if the person is a member of the committee,\nthe person may separately vote on a matter in his or her capacity\nas a member and on behalf of the member in whose place the\nperson has been appointed to act.\n30 Vacation of office of member of committee\n(1) The office of a person elected as a member of the committee\nbecomes vacant:\n(a) where he or she was an owner of a lot at the time of the\nelection and ceases to be an owner;\n(b) where he or she was not the owner of a lot at the time of the\nelection or was a nominee and the person who made the\nnomination for election or the body corporate for which he or\nshe is a nominee:\n(i) ceases to be an owner; or\n(ii) notifies the Management Corporation, in writing, that his\nor her office as a member is vacated;\n(c) on the receipt by the Management Corporation of notice in\nwriting of the resignation of the person as a member of the\ncommittee;\n(d) where the person is absent, except on leave granted by the\ncommittee, from 3 consecutive meetings of the committee of\nwhich notice has been given;\n(e) if the person becomes bankrupt, applies to take the benefit of\na law for the relief of bankrupt or insolvent debtors,\ncompounds with his or her creditors or makes an assignment\nof his or her remuneration for their benefit;\n(f) where the person is convicted of an indictable offence;\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 18\n(g) where the person dies or becomes subject to mental\nincapacity; or\n(h) where the Management Corporation, by special resolution\nunder regulation 29(6), removes the member from office.\n(2) Where a vacancy in the office of a member of the committee has\noccurred, the committee may appoint a person who is eligible for\nelection to fill the vacancy for the balance of the term of office.\n31 Meetings of committee\n(1) Subject to these regulations, the committee may meet for the\nconduct of business as and when it determines and may adjourn\nand otherwise regulate its meetings as it thinks fit.\n(2) A member of the committee may convene a meeting of the\ncommittee by giving to each other member not less than 7 days\nnotice in writing specifying the business that the member proposes\nto bring before the meeting and the time and place of the meeting.\n(3) At a meeting of the committee a majority of the persons comprising\nthe number determined under regulation 29 to constitute the\ncommittee shall constitute a quorum of the committee.\n(4) At a meeting of the committee the Chairperson shall have a\ndeliberative vote and in the event of an equality of votes also has a\ncasting vote.\n(5) The committee shall cause to be kept full and accurate minutes of\nits meetings including a record of notices given under\nsubregulation (6) and a record of its decisions.\n(6) A decision of the committee has no force or effect where, before the\ndecision is made, notice in writing is given to the secretary of the\ncommittee by one or more owners of lots, the sum of whose lot\nentitlement exceeds 50% of the aggregate lot entitlement, that the\nmaking of the decision is opposed by those owners.\n32 Chairperson, Secretary and Treasurer\n(1) Until a person is elected as Chairperson by the committee under\nsubregulation (2), the person elected as Chairperson of the\nManagement Corporation at its first annual general meeting shall\npreside at the first meeting of the committee held after the first\nannual general meeting of the Management Corporation.\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 19\n(2) At the first meeting of the committee held after the first or a\nsubsequent annual general meeting of the Management\nCorporation the members of the committee shall elect one of their\nnumber to be Chairperson, one to be Deputy Chairperson, one to\nbe secretary and one to be treasurer.\n(3) Subject to regulation 30, the term of office of a person elected as\nChairperson commences as soon as that person is elected as such\nunder subregulation (2) and ends immediately on the election of a\nChairperson at the first meeting of the committee held after the next\nannual general meeting.\n(4) Subject to regulation 30, the term of office of a person elected as\nDeputy Chairperson, secretary or treasurer commences as soon as\nthat person is elected as such under subregulation (2) and ends\nimmediately after the annual general meeting next following.\n(5) The person elected as Chairperson under subregulation (2) shall\npreside at every general meeting of the Management Corporation\nand at every meeting of the committee at which he or she is\npresent.\n(6) Where the Chairman is absent from a general meeting of the\nManagement Corporation or a meeting of the committee the Deputy\nChairperson shall preside and where the Chairperson and Deputy\nChairperson are absent the members of the Management\nCorporation or the members of the committee, as the case requires,\nshall elect one of their number to act as Chairperson.\n33 Powers and functions of Treasurer\n(1) A person shall not exercise the powers or perform a function of the\nManagement Corporation or of the treasurer, being a power or\nfunction relating to receipt, expenditure or accounting for money or\nthe keeping of books of account, unless the person is:\n(a) the treasurer;\n(b) the corporation manager; or\n(c) a person with whom the treasurer is required by an order of\nthe committee to jointly exercise the power or perform jointly\nthe function and who is enabling the Treasurer to comply with\nthe order.\nMaximum penalty: 4 penalty units.\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 20\n(2) The committee may, by notice in writing served on the treasurer,\norder that the treasurer shall not exercise any of the powers, or\nperform any of the functions specified in the notice, except jointly\nwith another person so specified.\n(3) A person who has possession or control of:\n(a) records, books of account or keys belonging to the\nManagement Corporation; or\n(b) other property of the Corporation,\nshall, within 7 days after service on the person of notice of a\nresolution of the committee requiring the person to do so, deliver\nthe records, books of account, keys or other property to a member\nof the committee specified in the notice.\nMaximum penalty: 4 penalty units.\n34 Delegation by Treasurer\n(1) The treasurer may by notice in writing, delegate to a member of the\ncommittee approved for the purpose by the committee, or a person\nemployed or engaged under regulation 39, any of his or her powers\nand functions under these Regulations, specified in the instrument\nof delegation and subject to any limitations as to time or otherwise\nas are so specified, other than this power of delegation.\n(2) A power or function delegated under this regulation, when\nexercised or performed by the delegate, shall, for the purposes of\nthese Regulations, be deemed to have been exercised or\nperformed by the treasurer.\n(3) A delegation under this regulation does not prevent the exercise of\na power or the performance of a function by the treasurer.\n35 Committee's decisions to be decisions of Management\nCorporation\n(1) Subject to these Regulations, the decision of the committee on a\nmatter, other than a restricted matter, is the decision of the\nManagement Corporation.\n(2) Notwithstanding that a committee holds office, the Management\nCorporation may, in general meeting, continue to exercise all or any\nof the powers, or perform all or any of the functions conferred or\nimposed on it by these Regulations.\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 21\n(3) In this regulation, restricted matter, in relation to the committee,\nmeans:\n(a) a matter, a decision on which may, in accordance with these\nRegulations, only be made by the Management Corporation in\npursuance of a resolution without dissent or a special\nresolution or in general meeting of the Corporation;\n(b) a matter specified in a resolution of the Corporation passed for\nthe purposes of regulation 36 or 37;\n(c) a matter relating to the striking of a special monetary levy on\nall members;\n(d) a matter that seeks to alter the rights, privileges or obligations\nof members; or\n(e) a matter that seeks to alter the annual monetary contribution\nof members.\n36 Statutory restrictions on powers of committee\n(1) Unless otherwise determined in pursuance of a special resolution of\nthe Management Corporation, the committee shall not, in any one\ncase, undertake expenditure that exceeds the amounts determined\nunder regulation 12(1) or (2).\n(2) Where proposed expenditure would exceed the amount referred to\nin subregulation (1), the committee shall:\n(a) submit the proposal for determination at an extraordinary\ngeneral meeting of the Management Corporation convened for\nthe purpose of, or for purposes that include, consideration of\nthe proposal; and\n(b) if the proposed expenditure is in respect of work to be\nperformed or the purchase of personal property, submit to the\nmeeting at least 2 tenders with the proposal.\n(3) Subregulation (1) does not apply to expenditure:\n(a) in payment of a premium of insurance effected by or on behalf\nof the Management Corporation;\n(b) to comply with a notice or order served on the Corporation by\na public authority or municipal council; or\n(c) in discharge of a liability incurred in respect of an obligation of\nthe Corporation authorised by the Corporation in general\nmeeting.\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 22\n(4) Where proposed expenditure for improvements to the common\nproperty exceeds, in a particular case, the amount calculated under\nregulation 19(2), the committee shall not cause the expenditure to\nbe made unless:\n(a) it is made in accordance with a resolution without dissent\npassed at a general meeting of the Management Corporation;\nor\n(b) it has been resolved by the Management Corporation by\nspecial resolution that the improvements are essential for the\nhealth, safety or security of users of the common property.\n37 Restrictions imposed on committee by Management\nCorporation\nThe Management Corporation may, in general meeting, decide\nwhat matters or class of matters, if any, shall be determined only by\nthe Corporation in general meeting.\n38 Delegation by committee\n(1) Subject to a restriction or direction that may be imposed or given by\nordinary resolution passed at a general meeting of the committee,\nthe committee may delegate to one or more of its members or a\nperson employed or engaged under regulation 39, either generally\nor otherwise as specified in the instrument of delegation, all or any\nof its powers, functions and duties, other than this power of\ndelegation.\n(2) A power, function or duty delegated under this section, when\nexercised or performed by the delegate, shall, for the purposes of\nthe Act, these Regulations or the By-laws, be deemed to have been\nexercised by the committee.\n(3) A delegation under this regulation does not prevent the exercise of\na power or the performance of a function or duty by the committee.\n39 Employees\n(1) Subject to regulations 36 and 37, the committee may, for and on\nbehalf of the Management Corporation, employ or engage a\ncorporation manager and such other officers, employees and\nagents as may be necessary for the performance of the functions of\nthe Corporation.\n(2) The terms and conditions applicable in relation to a person\nemployed or engaged under subregulation (1) shall be specified in\nthe contract.\n\nPart 2 Management Corporation and committee\nDivision 3 Committee of Management Corporation\nCullen Bay Marina Regulations 1993 23\n40 Records to be kept by committee\n(1) The committee shall:\n(a) keep minutes of its proceedings;\n(b) cause minutes of proceedings at all general meetings of the\nManagement Corporation to be kept in a minute book of the\nCorporation kept for the purpose;\n(c) include in the minute book a record of every resolution of the\nCorporation, indicating if the resolution was a resolution\nwithout dissent, a special resolution or an ordinary resolution;\n(d) cause proper records and books of account to be kept in\nrespect of the assets and liabilities of the Corporation and all\nsums of money received and expended by, and owing to and\nby, the Corporation; and\n(e) cause the minutes, records and books of account to be\nretained for a period of not less than 10 years after the\ncompletion of the transactions, acts or operations to which\nthey relate.\n(2) At each annual general meeting, the committee shall present to the\nManagement Corporation statements of accounts showing the\nsums of money received and paid by, and assets and liabilities of,\nthe Corporation for the period since the last accounts so presented\nmade up to a date that is not more than 3 months before the date of\nthe meeting.\n(3) Subregulation (2) applies in the case of the first annual general\nmeeting as if the period since the last accounts were the period\nsince the registration of the lot plan.\n(4) Where default has been made by the committee in complying with\nthis regulation, each person who was, at the time when the default\noccurred, a member of the committee is, unless the person proved\nthat he or she took reasonable care to ensure that the default did\nnot occur, or proves that the default occurred without his or her\nknowledge, guilty of an offence.\nMaximum penalty: 3.5 penalty units.\n41 Validity of acts of committee\nNo act done in good faith by the committee is invalidated merely by\nreason of the fact that at the relevant time there was some defect in\nthe appointment of or continuance in office of a member of the\ncommittee.\n\nPart 2 Management Corporation and committee\nDivision 4 General meetings of Management Corporation\nCullen Bay Marina Regulations 1993 24\nDivision 4 General meetings of Management Corporation\n42 Annual general meetings\n(1) The Management Corporation shall hold a general meeting (which\nshall be called the annual general meeting and may be held in\naddition to any other general meeting held in the same year) at\nleast once in every year and, except in the case of the first annual\ngeneral meeting, not more than 15 months after the date of the\npreceding annual general meeting.\n(2) Subject to this Division, the Management Corporation may hold,\nadjourn and otherwise regulate general meetings as it thinks fit.\n43 First annual general meeting\n(1) The Developer, whether or not the Developer is an owner of a lot at\nthe time, shall convene a meeting of the Management Corporation\nto be held within 3 months after the expiration of the initial period.\n(2) A meeting convened under subregulation (1) shall be the first\nannual general meeting of the Management Corporation and shall:\n(a) resolve whether insurances effected by the Developer should\nbe confirmed, varied or extended;\n(b) resolve whether the amounts, if any, determined under\nregulation 12(1) or (2) should be confirmed or varied or, if not\ndetermined, make such a determination;\n(c) determine, in accordance with regulation 29(1), the number of\nmembers of the committee;\n(d) elect the members of the committee;\n(e) resolve which matters, if any, shall be restricted matters within\nthe meaning of regulation 37 for the purposes of these\nRegulations;\n(f) resolve whether the By-laws in force immediately before the\nholding of the meeting shall be amended or repealed;\n(g) resolve which of the powers, authorities duties or functions of\nthe Corporation should be delegated to the committee;\n(h) resolve whether to appoint a person to audit the Corporation's\nrecords and books of account; and\n(j) resolve such other matters as are raised at the meeting.\n\nPart 2 Management Corporation and committee\nDivision 4 General meetings of Management Corporation\nCullen Bay Marina Regulations 1993 25\n(3) The Developer shall present to the meeting a budget showing its\nestimated expenditure in relation to the common property.\n(4) The Developer shall not fail or neglect to deliver to the Management\nCorporation at the first annual general meeting and at each general\nmeeting referred to in regulation 44(1):\n(a) all plans, specifications, certificates (other than certificates as\nto title for lots), diagrams and other documents (including\nparticulars of any guarantees and warranties relating to\nequipment and policies of insurance) obtained or received by\nhim or her and relating to the common property; and\n(b) where they are in his or her possession or control, the\ncertificate as to title for the common property, the books of\naccount and all notices or other records relating to the lot plan,\nother than any such documents that exclusively evidence the rights\nor obligations of the Developer and that are not capable of being\nused for the benefit of the Corporation or any of the owners of lots,\nother than the Developer.\nMaximum penalty: 17 penalty units.\n44 General meeting after registration of second or subsequent\ncompleted stage of development\n(1) Within 3 months after the registration of a survey plan relating to a\nsecond or subsequent stage of the development, the Developer\nshall request the committee to convene a general meeting of the\nManagement Corporation to be held within that 3 months period\nand the Committee shall comply with the request.\n(2) At a meeting referred to in subregulation (1), all matters required to\nbe considered by a meeting convened under regulation 43 shall be\nconsidered as if the meeting referred to in subregulation (1) were\nthe first annual general meeting.\n45 Convening of general meeting other than first annual general\nmeeting\n(1) The committee:\n(a) may, whenever it thinks fit; and\n(b) shall, on a requisition in writing specifying the matters to be\nconsidered at a general meeting and made by members\nhaving not less than 25% of the aggregate lot entitlement,\n\nPart 2 Management Corporation and committee\nDivision 4 General meetings of Management Corporation\nCullen Bay Marina Regulations 1993 26\non notice given in accordance with regulation 46, convene a\ngeneral meeting.\n(2) Where a mortgagee of a lot has, in a notice given under\nregulation 54 or in a subsequent written notice, notified the\nManagement Corporation that he or she is to be regarded as a\nmember of the Corporation in respect of the lot for the purposes of\nsubregulation (1), the mortgagee shall be deemed for those\npurposes to be a member of the Corporation in respect of the lot.\n46 Notice of general meetings\n(1) Subject to subregulation (2), the time to be fixed for the holding of a\ngeneral meeting, other than the first annual general meeting, shall\nbe a time that will permit not less than 28 days' notice of the time\nfixed for the meeting to be given.\n(2) Where it appears to the committee that a matter to be considered at\na general meeting requires a resolution without dissent, the time to\nbe fixed for holding the general meeting shall be a time that will\npermit not less than 42 days' notice of the time fixed for the meeting\nto be given.\n(3) A notice for a general meeting:\n(a) shall specify the time, date and place fixed for holding the\nmeeting;\n(b) if it appears to the committee that a matter to be considered at\nthe meeting is a matter that requires a resolution without\ndissent, shall specify the matter and state the fact that it\nrequires a resolution without dissent; and\n(c) shall be given to all the members of the Management\nCorporation and to all mortgagees who have given notice to\nthe Corporation under regulation 54, as ascertained from the\nroll.\n(4) Notice under subregulation (3) shall be sufficiently given to a\nperson if it is sent by prepaid post as a letter properly addressed to\nthe last address of the person notified to the Management\nCorporation and entered in the roll or, if no such address has been\nnotified, to the person's last known place of abode or, if the person\nis a body corporate, to its registered office, its place of business or\nany other known address.\n(5) The proceedings at a general meeting are not invalidated by reason\nof the fact only:\n(a) that a person did not receive notice under this regulation; or\n\nPart 2 Management Corporation and committee\nDivision 5 Voting at general meetings\nCullen Bay Marina Regulations 1993 27\n(b) that such notice was received by a person less than 28 days\nor 42 days referred to in subregulations (1) and (2).\n(6) Where notice of a general meeting has been received by a person\nless than 28 days or 42 days referred to in subregulations (1)\nand (2) before the time fixed for the meeting, the meeting shall, if\nthe person so requests, be adjourned to a date to be determined by\nthe persons present and voting at the meeting.\n47 Quorum at general meeting\n(1) Subject to subregulation (2), no business shall be transacted at a\ngeneral meeting of the Management Corporation unless a quorum,\nconsisting of persons entitled to exercise voting rights in respect of\nnot less than 25% of the total number of lots, is present.\n(2) If, within 30 minutes after the time appointed for a general meeting,\na quorum referred to in subregulation (1) is not present, the meeting\nshall be adjourned to the same day in the next week at the same\nplace and time and, if a quorum is not then present within\n30 minutes after the time appointed for the adjourned meeting, the\npersons who are then present and entitled to vote constitute a\nquorum for the purposes of that subregulation.\n48 Scrutineers\n(1) At a general meeting of the Management Corporation, the\nChairperson may appoint persons to be scrutineers.\n(2) The scrutineers may inspect all voting papers and ballot papers\nfurnished to the secretary and relating to the business of the\nmeeting.\n49 Chairperson to have names of persons entitled to vote\nAt a general meeting of the Management Corporation, the\nChairperson shall have available for inspection the names of\npersons entitled to vote.\nDivision 5 Voting at general meetings\n50 Voting by members\n(1) A person is entitled to vote at a meeting of the Management\nCorporation in respect of a lot if:\n(a) the person is the owner of the lot as shown on the roll; or\n\nPart 2 Management Corporation and committee\nDivision 5 Voting at general meetings\nCullen Bay Marina Regulations 1993 28\n(b) if a lot is jointly owned or owned by a body corporate, the\nperson is the nominee of the owner or body corporate as\nshown on the roll.\n(2) A person has one vote for each lot in respect of which the person is\nentitled to vote.\n51 Methods of voting\nVoting at a general meeting must be by:\n(a) written vote:\n(i) if a poll is taken; or\n(ii) if a person casts an absentee vote; or\n(b) otherwise – show of hands.\n52 Resolutions\n(1) A motion is passed by an ordinary resolution if the motion is voted\non at a general meeting of the Management Corporation and:\n(a) if a poll is not taken under regulation 57 – the votes counted in\nfavour of the motion are more than the votes counted against\nit; or\n(b) if a poll is taken under regulation 57 – the lot entitlements of\nthe lots for the votes counted in favour of the motion exceed\nthe lot entitlements of the lots for the votes counted against it.\n(2) A motion is passed by a special resolution if the motion is voted\non at a general meeting of the Management Corporation and:\n(a) at least two-thirds of the votes cast are counted in favour of\nthe motion; and\n(b) the lot entitlements of the lots for the votes counted against\nthe motion do not exceed 25% of the aggregate lot entitlement\nof all lots.\n(3) A motion is passed by a resolution without dissent if the motion\nis voted on at a general meeting of the Management Corporation\nand no vote is counted against it.\n\nPart 2 Management Corporation and committee\nDivision 5 Voting at general meetings\nCullen Bay Marina Regulations 1993 29\n53 Limitation on voting power of Developer\nWhere the Developer is the owner of a lot, the Developer or a\nmortgagee of the lot is entitled to vote at a meeting of the\nManagement Corporation and in determining the result of a poll or a\nspecial resolution, the entitlement of the Developer or mortgagee\nshall be:\n(a) the actual lot entitlement; or\n(b) one lot entitlement less than the combined lot entitlement of\nthe members in respect of whose lot entitlements votes are\ncast,\nwhichever is the lesser.\n54 Voting by mortgagees\n(1) Where the estate or interest of the owner of a lot is subject to a\nmortgage, the mortgagee or, if there are 2 or more mortgages, the\nmortgagee under whichever of the mortgages is entitled to priority\nover the other mortgages, may give to the Management\nCorporation written notice that the lot is subject to the mortgage and\nthat he or she proposes to exercise the rights conferred by this\nregulation.\n(2) Where a mortgagee of a lot has given notice under\nsubregulation (1) and the mortgage has not been discharged, the\nright to vote in respect of the lot on a matter requiring a special\nresolution or a resolution without dissent that would, but for this\nsubregulation, be exercisable by the owner of the lot:\n(a) shall not be exercised by the owner; and\n(b) may be exercised by the mortgagee.\n(3) Where:\n(a) a mortgagee of a lot has given notice under subregulation (1);\n(b) the mortgagee or his or her proxy is present at a general\nmeeting of the Management Corporation at the time of voting;\nand\n(c) the mortgage has not been discharged,\n\nPart 2 Management Corporation and committee\nDivision 5 Voting at general meetings\nCullen Bay Marina Regulations 1993 30\nthe right to vote in respect of the lot on a matter not requiring a\nspecial resolution or a resolution without dissent that would, but for\nthis subregulation, be exercisable by the owner of the lot:\n(d) shall not be exercised by the owner; and\n(e) may be exercised by the mortgagee.\n(4) Where 2 or more persons are mortgagees of a lot as joint tenants\nor as tenants in common:\n(a) the right to give notice under this regulation is exercisable by\nthem acting only jointly;\n(b) the right to vote conferred on them by this regulation is\nexercisable by them only jointly; and\n(c) for the purposes of subregulation (3), the mortgagees shall be\ndeemed not to be present at a meeting unless their proxy is\npresent at the meeting.\n(5) Where:\n(a) a lot is held by 2 or more persons as tenants in common; and\n(b) one of the tenants has mortgaged his or her estate or interest\nas owner,\nthe mortgagee may give notice to the Management Corporation in\naccordance with subregulation (1) and the preceding provisions of\nthis regulation then apply in relation to the right to vote that the\nmortgagor would, but for this subregulation, be entitled to exercise.\n55 Restrictions on motions and nominations\n(1) A person is not entitled to move a motion at a general meeting of\nthe Management Corporation or nominate a candidate for election\nunless the person is entitled to vote on such a motion or in that\nelection.\n(2) The Chairperson may, if he or she is of the opinion that a motion\nsubmitted at a general meeting of the Management Corporation, if\ncarried:\n(a) would conflict with these Regulations or some other Act; or\n(b) would be unforceable,\nrule that the motion is out of order.\n\nPart 2 Management Corporation and committee\nDivision 5 Voting at general meetings\nCullen Bay Marina Regulations 1993 31\n56 Declaration by Chairperson of result of voting\nWhere a resolution without dissent is not required, then, unless a\npoll is demanded under regulation 57, a declaration by the\nChairperson that a resolution has or has not been carried is\nconclusive evidence of the fact without proof of the number or\nproportion of votes recorded against or in favour of the resolution.\n57 Polls\n(1) If a resolution, including a special resolution or a resolution without\ndissent, is required, a poll may be demanded by a person present\nand entitled to vote.\n(1A) The poll may be demanded:\n(a) in person or, for absentee votes, on the voting paper; and\n(b) whether or not the vote has already been carried out by a\nshow of hands.\n(2) A demand for a poll may be withdrawn.\n(3) If demanded, a poll must be taken in the manner directed by the\nChairperson.\n(4) The result of the poll, which must be declared by the Chairperson\nas soon as it is determined, determines whether or not the motion\nfor which the poll was taken has been carried.\n58 Votes may be cast personally or by proxy\n(1) Subject to regulations 62 and 63, votes at a general meeting may\nbe cast either personally or by proxy, whether on a poll or not.\n(2) An instrument appointing a proxy for the purposes of this Division\nshall be in accordance with a form determined by the committee.\n59 Limits on voting by proxy or as nominee\n(1) At a meeting of the Management Corporation, a person who has a\nfinancial interest in a prescribed arrangement or a proposed\nprescribed arrangement is not entitled to vote as proxy for another\nperson or as a nominee of a corporation on a motion relating to the\nprescribed arrangement or proposed prescribed arrangement.\n\nPart 2 Management Corporation and committee\nDivision 5 Voting at general meetings\nCullen Bay Marina Regulations 1993 32\n(2) For the purposes of subregulation (1), where a person or a spouse\nor de facto partner of the person:\n(a) are the owners of shares, whether or not beneficially, in a\ncompany;\n(b) is a member of a firm; or\n(c) is a director or employee of a company or a firm,\nthat stands to benefit directly from a prescribed arrangement or a\nproposed prescribed arrangement to which the motion relates, the\nperson shall be taken to have a financial interest in the\narrangement.\n(3) For the purposes of this regulation, a prescribed arrangement\nmeans an agreement or arrangement between:\n(a) in the case of a registered lot, the Management Corporation or\nthe Developer and any other person; or\n(b) in the case of a proposed lot, the Developer and any other\nperson,\nbeing an agreement or arrangement:\n(c) employing or engaging a person under regulation 39;\n(d) for the carrying out of a function or power of the Management\nCorporation under regulation 7 or 8;\n(e) for the protection of the common property or a part of it or of\nthe security of the occupants of the lots;\n(f) for the conduct of a business on the common property; or\n(g) under which the rights of an owner of a lot are or are likely to\nbe affected to a material extent.\n60 Voting by Chairperson\nThe Chairperson has a deliberative vote and, in the case of an\nequality of votes on an ordinary resolution, also a casting vote.\n61 No vote unless dues paid\nExcept where a resolution without dissent is required, the right to\nvote in respect of a lot is not exercisable unless all amounts due\nand payable in respect of the lot to the Management Corporation by\nthe member liable to pay the amounts have been paid.\n\nPart 2 Management Corporation and committee\nDivision 5 Voting at general meetings\nCullen Bay Marina Regulations 1993 33\n62 Absentee votes on resolutions without dissent\n(1) Where notice has been given that it is proposed to move at a\ngeneral meeting a matter requiring a resolution without dissent and\nmore than one person is entitled to attend the meeting and vote on\nthe resolution:\n(a) the committee shall, with the notice of the meeting given to the\nperson, give a voting paper; and\n(b) a person entitled to vote on the proposed resolution may,\ninstead of voting in any other manner, cast an absentee vote\nby recording his or her vote on the voting paper and causing it\nto be delivered to the Management Corporation before the\ncommencement of the meeting.\n(2) A vote recorded and delivered in accordance with subregulation (1)\nshall be accepted by the Chairperson as a valid vote by the person\nexercising it and the person shall be deemed to be present at the\nmeeting and to have exercised his or her powers of voting on the\nresolution, but the person shall not be deemed to be present for the\npurpose of constituting a quorum under regulation 47.\n63 Joint voters\n(1) Where a lot is jointly owned and the owners are entitled to exercise\none vote jointly, the vote shall be exercised by one person:\n(a) appointed by the owners as their nominee and recorded on\nthe roll; or\n(b) appointed by the owners as their proxy.\n(2) Notwithstanding subregulation (1), where 2 or more persons are\nentitled to exercise one vote jointly, any one of them may, except\nwhere a resolution without dissent is required, demand a poll.\n64 Capacity to vote\nThe right of a person to vote at a general meeting:\n(a) may, subject to paragraph (b), be exercised by the person, if\nhe or she has attained the age of 18 years;\n(b) shall not be exercised by the person if he or she is under a\nlegal disability (not being infancy) that prevents him or her\nfrom lawfully dealing with his or her property, but may in that\nevent be exercised by the person who is, for the time being,\nauthorised by law to control the property; and\n\nPart 3 Duties of owners and occupiers\nCullen Bay Marina Regulations 1993 34\n(c) shall not be exercised by the person if he or she has not\nattained the age of 18 years, but may in that event be\nexercised by his or her guardian.\n65 Amendment or revocation of certain resolutions\nA special resolution or a resolution without dissent of the\nManagement Corporation may not be amended or revoked except\nby a subsequent special resolution or resolution without dissent,\nrespectively.\nPart 3 Duties of owners and occupiers\n66 Duties of owners and occupiers of lots\n(1) The owner, mortgagee in possession (whether by himself or herself\nor another person), lessee or occupier of a lot shall not:\n(a) do anything or permit anything to be done on, in or in relation\nto the lot so that:\n(i) the support or shelter provided by the lot for another lot\nor common property is interfered with; or\n(ii) the passage or provision of water, sewerage, drainage,\ngas, electricity, garbage, artificially heated or cooled air,\nheating oil and other services (including telephone, radio\nand television services) through or by means of a pipe,\nwire, cable or duct for the time being in the lot is\ninterfered with;\n(b) use or enjoy the lot, or permit the lot to be used or enjoyed in\na manner or for a purpose that may cause a nuisance or\nhazard to the owner or occupier of another lot; or\n(c) use or enjoy the common property in a manner or for a\npurpose that may interfere with the use or enjoyment of the\ncommon property by the owner or occupier of another lot or by\nany other person entitled to the use and enjoyment of the\ncommon property.\n(2) The owner, mortgagee in possession (whether by himself or herself\nor another person), lessee or occupier of a lot shall not use the lot\nfor a purpose that may be illegal or injurious to the lot or to the\ncommon property.\n\nPart 4 Insurance\nCullen Bay Marina Regulations 1993 35\n67 Notice to Management Corporation\n(1) A person including an owner, mortgagee in possession and a body\ncorporate shall, not later than 28 days after becoming the owner of\na lot, give notice in writing to the Management Corporation of\nparticulars required to be recorded in the roll, and the address for\nservice of notices.\n(2) A person referred to in subregulation (1) shall, without delay, give\nnotice in writing to the Management Corporation of particulars of:\n(a) a change of address for service of notices; or\n(b) a change of nominee appointed under regulation 3 to exercise\nvoting rights.\n(3) If the Management Corporation has not received a notice referred\nto in this regulation it may, by notice in writing, request a person\nreferred to in subregulation (1) to provide a notice referred to in\nsubregulation (1) or (2) within 14 days after service, and the person\nshall comply with the request.\n(4) A person who fails to supply to the Management Corporation a\nnotice required under this regulation is not entitled to vote at a\nmeeting of the Management Corporation.\nPart 4 Insurance\n68 Insurance by Management Corporation\n(1) Subject to subregulation (3), the Management Corporation shall\ninsure and keep insured the buildings, improvements and other\nstructures on the common property, including the lock, gates, and\nmooring basin, for their replacement or reinstatement value against\nthe following risks:\n(a) fire, lightning, tempest, earthquake and explosion;\n(b) riot, civil commotion, strikes and labour disturbances;\n(c) malicious damage;\n(d) bursting, leaking and overflowing of boilers, water tanks, water\npipes and associated apparatus; and\n(e) impact of boats, aircraft (including parts of, and objects falling\nfrom, aircraft), road vehicles, horses and cattle.\n\nPart 4 Insurance\nCullen Bay Marina Regulations 1993 36\n(2) Subject to subregulation (3), the Management Corporation shall\ninsure itself and keep itself insured against liability in respect of:\n(a) death, bodily injury or illness; or\n(b) loss of, or damage to, property,\noccurring in connection with the common property as a result of an\naccident, for such aggregate amount of liability, being not less than\n$10,000,000 at any one time, as determined by the Corporation.\n(3) The Management Corporation may, by resolution without dissent,\nresolve that it will not insure against such of the risks referred to in\nsubregulations (1) and (2) as are specified in the resolution and, in\nthat event, the Corporation is not required by this regulation to\ninsure against a risk so specified.\n(4) The Management Corporation shall insure:\n(a) in respect of an occurrence that it is required by law to insure,\nincluding insurance required to be effected under Part 7,\nDivision 3 of the Return to Work Act 1986; and\n(b) in respect of a liability of the Management Corporation for\ndamage to property, death or bodily injury occurring on the\ncommon property; and\n(c) against the possibility of the owners of lots becoming jointly\nliable by reason of a claim arising in respect of any other\noccurrence against which the Management Corporation, in\npursuance of a special resolution, resolved to insure.\n(5) Where the Management Corporation has, under subregulation (3),\nresolved that it will not insure against a particular risk, an owner or\nmortgagee of a lot may at any time serve on the Corporation a\nwritten notice requiring it to insure against the risk.\n(6) Within 28 days after service on the Management Corporation of the\nnotice referred to in subregulation (5), the resolution without dissent\nceases to have effect in relation to the risk specified in the notice\nand the Corporation shall, in accordance with subregulations (1)\nor (2), insure against the risk.\n(7) As soon as is practicable after service on the Management\nCorporation of the notice referred to in subregulation (5), the\nCorporation shall notify every member and, where the lot is\nmortgaged, the mortgagee of the lot:\n(a) of the particulars of the notice and the date of its receipt; and\n\nPart 4A Subdivision and consolidation of lots\nCullen Bay Marina Regulations 1993 37\n(b) of the date on and from which the risk specified in the notice\nis, or is to be, covered by insurance effected by the\nCorporation.\n(8) Nothing in this regulation shall be construed as limiting the right of\nthe Management Corporation to effect such additional insurance as\nit determines.\n(9) In this regulation, risk includes a liability referred to in\nsubregulation (2) or (4).\n69 Insurable interests of Management Corporation\nFor all purposes connected with an insurance effected by it under\nregulation 68(1), the Management Corporation shall be deemed to\nhave an insurable interest in the buildings and improvements on the\ncommon property to the extent of their replacement value or\nreinstatement value.\nPart 4A Subdivision and consolidation of lots\n69A Method of subdivision and consolidation\n(1) A lot may be subdivided in pursuance of section 7(3) of the Act by\nthe registration of a plan as a plan of subdivision.\n(2) Two or more lots held by the same registered proprietor may be\nconsolidated into one lot by the registration of a plan as a plan of\nconsolidation.\n69B Form and contents of plan\nA plan illustrating a proposed subdivision of a lot or a proposed\nconsolidation of lots shall not be registered as a plan of subdivision\nor plan of consolidation unless:\n(a) it shows the precalculated dimensions and areas of lots into\nwhich it is proposed to subdivide the lot, or consolidate the\nlots, prepared by a surveyor licensed under the Licensed\nSurveyors Act 1983;\n(b) it complies with Part 5 of the Planning Act 1999;\n(c) it contains a schedule of lot entitlements which shall be\nprepared in accordance with regulation 69C;\n(d) it complies with the Licensed Surveyors Act 1983 in relation to\nplan drawing standards; and\n\nPart 5 Miscellaneous\nCullen Bay Marina Regulations 1993 38\n(e) it contains a certificate from the Surveyor-General stating that\nit complies with this Part.\n69C Lot entitlements\n(1) A schedule of lot entitlement shall show, in respect of each lot\n(resulting lot) into which the lot (original lot) is to be subdivided,\nthe nearest whole number determined by dividing the lot entitlement\nof the original lot by the percentage that the area of the resulting lot\nbears to the area of the original lot.\n(2) In respect of a consolidation, the lot entitlement shall be shown in\nthe schedule of entitlement as the sum of the lot entitlements of the\nlots being consolidated.\nPart 5 Miscellaneous\n70 Facilities for service of documents\n(1) The Management Corporation shall cause to be continuously\ndisplayed in a conspicuous place on the development area a notice\nshowing the name of the Corporation and the address notified\nunder regulation 5.\n(2) The Management Corporation shall cause to be continuously\navailable in a conspicuous and accessible place on the\ndevelopment area one or more receptacles suitable for the\npurposes of postal delivery, bearing the name of the Corporation in\nclear and legible characters.\nMaximum penalty for an offence against this regulation: 3.5 penalty\nunits.\n71 Service of documents\n(1) Personal service on the Management Corporation may be effected\nby leaving it with the Chairperson, secretary or corporation\nmanager or with a member of the committee.\n(2) A document or notice may be served on the Management\nCorporation by leaving it with a person specified in\nsubregulation (1) or in the receptacle provided in accordance with\nregulation 70 or by post addressed to the Corporation at the\naddress notified under regulation 5.\n\nPart 6 Transitional matters for Justice Legislation Amendment Regulations 2024\nCullen Bay Marina Regulations 1993 39\n(3) A notice required under these Regulations to be served by the\nManagement Corporation or by the committee on an owner, lessee,\nmortgagee or other occupier of a lot may be served:\n(a) by leaving it with a person apparently of or over the age of\n16 years:\n(i) where the person to be served is an occupier of the lot,\nat the lot; or\n(ii) where the address for service on the person to be\nserved is recorded in the roll, at the recorded address; or\n(b) by post on the person to be served where an address for\nservice on the person to be served is recorded in the roll, at\nthe recorded address.\n72 Fences\nThe Management Corporation is not liable to join in or contribute to\nthe construction of fences in respect of a lot within the development\narea.\nPart 6 Transitional matters for Justice Legislation\nAmendment Regulations 2024\n73 Chairperson and Deputy Chairperson continue\n(1) The person who is the Chairman immediately before the\ncommencement is taken to be the Chairperson for the remainder of\nthe person's term of office.\n(2) The person who is the Deputy Chairman immediately before the\ncommencement is taken to be the Deputy Chairperson for the\nremainder of the person's term of office.\n(3) In this regulation:\ncommencement means the commencement of regulation 13 of the\nJustice Legislation Amendment Regulations 2024.\n\nENDNOTES\nCullen Bay Marina Regulations 1993 40\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCullen Bay Marina Regulations (SL No. 40, 1993)\nNotified 10 November 1993\nCommenced 10 November 1993\nAmendments to Cullen Bay Marina Regulations (SL No. 29, 1995)\nNotified 13 September 1995\nCommenced 13 September 1995\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 2000)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 1 December 2000, p 2)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nLaw Reform (Work Health) Amendment Act 2003 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\n\nENDNOTES\nCullen Bay Marina Regulations 1993 41\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nWorkers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9,\n2015)\nAssent date 23 April 2015\nCommenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015:\n(Gaz S50, 22 May 2015)\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc; rem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act\nNo. 15, 2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n13 April 2016, p 4)\nJustice Legislation Amendment Regulations 2024 (SL No. 20, 2024)\nDate made 30 July 2024\nCommenced 31 July 2024 (r 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2, 5, 15, 68 and 69B.\n4 LIST OF AMENDMENTS\nr 2 amd No. 20, 2024, r 8\nr 3 amd No. 20, 2024, r 13\nr 5 amd Act No. 45, 2000, s 12\nr 9 amd Act No. 3, 2016, s 46\nr 14 amd Act No. 44, 2003, s 6\nr 15 amd Act No. 38, 2002, s 7\nr 18 amd Act No. 12, 2010, s 3; No. 20, 2024, r 13\nr 23 amd Act No. 12, 2010, s 3\nr 24 amd No. 20, 2024, r 13\nr 27 amd Act No. 3, 2016, s 46\nrr 31 – 32 amd No. 20, 2024, r 13\nr 33 amd Act No. 12, 2010, s 3\nr 40 amd Act No. 12, 2010, s 3; No. 20, 2024, r 13\nr 43 amd Act No. 12, 2010, s 3\nrr 48 – 49 amd No. 20, 2024, r 13\nr 50 amd No. 20, 2024, r 9\nrr 51 – 52 sub No. 20, 2024, r 10\nr 53 amd No. 20, 2024, r 13\nrr 55 – 56 amd No. 20, 2024, r 13\nr 57 amd No. 20, 2024, r 11\nr 59 amd Act No. 1, 2004, s 63; No. 20, 2024, r 13\nr 60 amd No. 20, 2024, r 13\nr 62 amd No. 20, 2024, r 13\nr 65 amd No. 20, 2024, r 13\npt 3 hdg amd No. 20, 2024, r 13\n\nENDNOTES\nCullen Bay Marina Regulations 1993 42\nr 68 amd Act No. 30, 2007, s 59; Act No. 9, 2015, s 31\npt 4A hdg ins No. 29, 1995, r 1\nr 69A ins No. 29, 1995, r 1\nr 69B ins No. 29, 1995, r 1\namd Act No. 56, 1999, s 3(2)\nr 69C ins No. 29, 1995, r 1\nr 70 amd Act No. 12 2010, s 3\nr 71 amd No. 20, 2024, r 13\npt 6 hdg ins No. 20, 2024, r 12\nr 73 ins No. 20, 2024, r 12","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication that the scope has changed from the original 1993 intent. The regulations remain focused on the governance of Cullen Bay Marina. The 2024 commencement date likely reflects a reprint or minor administrative update (Reprint No. REPC059R1) rather than a substantive expansion or contraction of scope."},"complexity_factors":["Very limited metadata provided — the actual regulatory content is not included, making full analysis impossible","Subordinate legislation adds a layer of legal hierarchy (regulations sit beneath an enabling Act)","The gap between the 1993 original making date and the 2024 commencement date may indicate amendments or reprints that could introduce complexity not visible here","Narrow, localised subject matter (a single marina) keeps overall complexity low"],"plain_english_summary":"The Cullen Bay Marina Regulations 1993 are subordinate rules governing operation of Cullen Bay Marina in Darwin. They set the operational framework—who may use the marina and under what conditions—and affect boat owners, operators, marina staff and visitors by prescribing fees, conduct and safety requirements. The updated version commenced 31 July 2024 and is administered by the Northern Territory Attorney‑General’s Department."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. Since first made in 1993 the Regulations have been amended to expand and update governance, voting, records and meeting procedures (notably by the Justice Legislation Amendment Regulations 2024) and to add explicit subdivision/consolidation rules and lot-entitlement calculations (Part 4A: regs 69A–69C). Transitional provisions preserving incumbent office-holders were also added (reg 73). These changes refine operational scope rather than replace the core scheme of owner-funded management and corporate governance."},"complexity_factors":["Layered governance structure: Management Corporation, committee, annual and other general meetings with elected officers and delegation rules (regs 6, 28–35, 38).","Detailed financial regime: determination and levy of contributions, separate Administrative and Sinking Funds, interest, recovery as debt, and power to borrow by special resolution (regs 12–16).","Voting architecture: ordinary, special and 'resolution without dissent' thresholds; developer voting limits; mortgagee voting; proxies; quorum rules (regs 50–57, 53–54, 58–64).","Statutory limits on committee powers and required procedures for major expenditure or improvements (regs 36, 19).","Recordkeeping and disclosure obligations, inspection rights and fees for information (regs 9–11, 10(7), 18).","Enforcement and remedial powers including notices to remedy breaches, power of entry and recovery of expenditure (regs 20, 23–25).","Insurance obligations and insurable-interest rules specifying minimum cover and mechanisms to force insurance where the Corporation has resolved not to insure (regs 68–69).","Subdivision and consolidation technical rules and calculation of lot entitlements (regs 69A–69C).","Penalties, transitional arrangements and multiple amendment layers (reg 70, 71, 73; endnotes listing amendments and 2024 changes)."],"plain_english_summary":"These Regulations set how the Cullen Bay Marina Management Corporation is governed and how the marina’s shared areas are run and paid for. Owners (and mortgagees in possession) must pay periodic contributions into Administrative and Sinking Funds to meet maintenance, insurance and other liabilities; a committee manages common property, insurance and contracts; and detailed voting, recordkeeping, entry and enforcement rules determine who decides and how. They matter because they allocate costs to lot owners, define managerial discretion, and create compliance and disclosure duties for owners and the Corporation."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"regulations 28, 29 and 31(3)","severity":"medium","reasoning":"Regulation 28 constitutes the pre-first-meeting committee, but regulation 31(3) calculates its quorum using the number determined under regulation 29. That number is not determined until the first annual general meeting under regulation 43(2)(c).","confidence":0.95,"description":"The quorum rule cannot operate before the first annual general meeting.","source_quotes":["Until the first annual general meeting, the committee consists of all the members of the Management Corporation.","At a meeting of the committee a majority of the persons comprising the number determined under regulation 29 to constitute the committee shall constitute a quorum of the committee.","determine, in accordance with regulation 29(1), the number of members of the committee;"]},{"type":"impossible_compliance","section":"regulations 14(5) and 15(2)","severity":"medium","reasoning":"Regulation 14 contains no mechanism for making investments. Consequently, the trigger in regulation 14(5)—interest from an investment made “under this regulation”—cannot arise under the supplied text, while investments authorised by regulation 15 are not expressly captured.","confidence":0.96,"description":"The interest-allocation rule refers to an investment made under regulation 14, although the supplied investment power is in regulation 15.","source_quotes":["Interest received on an investment made under this regulation shall form part of the fund from which the money to make the investment was expended.","Subject to subregulation (3), the Management Corporation's money may be invested:"]},{"type":"impossible_compliance","section":"regulations 44(1) and 46(1)","severity":"high","reasoning":"Regulation 44(1) permits the Developer to request the meeting at any time within three months after registration but requires the meeting itself within that same period. If fewer than 28 days remain, the committee cannot both comply with that deadline and fix a meeting time permitting the notice required by regulation 46(1).","confidence":0.99,"description":"A valid late request for a staged-development meeting can make the 28-day notice requirement impossible to satisfy.","source_quotes":["Within 3 months after the registration of a survey plan relating to a second or subsequent stage of the development, the Developer shall request the committee to convene a general meeting of the Management Corporation to be held within that 3 months period and the Committee shall comply with the to:","Subject to subregulation (2), the time to be fixed for the holding of a general meeting, other than the first annual general meeting, shall be a time that will permit not less than 28 days' notice of the time fixed for the meeting to be given."]},{"type":"impossible_compliance","section":"regulations 44(1) and 46(2)","severity":"high","reasoning":"Regulation 44(1) permits a request throughout the three-month period while requiring the meeting within that period. Regulation 46(2) requires a time permitting at least 42 days’ notice for the specified branch. A request made with fewer than 42 days remaining makes simultaneous compliance impossible.","confidence":0.98,"description":"Where a staged-development meeting will consider a matter requiring a resolution without dissent, a valid late request can make the 42-day notice requirement impossible to satisfy.","source_quotes":["Within 3 months after the registration of a survey plan relating to a second or subsequent stage of the development, the Developer shall request the committee to convene a general meeting of the Management Corporation to be held within that 3 months period and the Committee shall comply with the to:","Where it appears to the committee that a matter to be considered at a general meeting requires a resolution without dissent, the time to be fixed for holding the general meeting shall be a time that will permit not less than 42 days' notice of the time fixed for the meeting to be given."]}],"contradictions":[{"severity":"high","section_a":"regulation 68(3)","section_b":"regulation 68(4)(b)","confidence":0.97,"description":"Regulation 68(3) permits the Corporation to resolve not to insure against a liability risk under regulation 68(2), while regulation 68(4)(b) unconditionally requires insurance for the overlapping liability concerning property damage, death or bodily injury occurring on common property.","source_quotes":["The Management Corporation may, by resolution without dissent, resolve that it will not insure against such of the risks referred to in subregulations (1) and (2) as are specified in the resolution and, in that event, the Corporation is not required by this regulation to insure against a risk so:","Subject to subregulation (3), the Management Corporation shall insure itself and keep itself insured against liability in respect of:","in respect of a liability of the Management Corporation for damage to property, death or bodily injury occurring on the common property;"]}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: governing the specific mixed-use marina development at Cullen Bay. While it has been amended over 30 years (including recent 2024 amendments modernising gendered language and voting procedures), the scope has not expanded beyond the original Cullen Bay Marina development. The 2024 amendments are technical and transitional, not substantive expansions."},"complexity_factors":["Multiple voting thresholds: three distinct resolution types (ordinary, special, resolution without dissent) with different mathematical calculations for passage (regs 52, 53)","Nested conditional logic in voting rights: mortgagee voting rights depend on notice given, type of resolution, and physical presence (reg 54)","Cross-referencing web: heavy reliance on defined terms (17 defined terms in interpretation section) that cascade through multiple divisions","Financial governance dual-fund structure: administrative fund vs sinking fund with distinct permitted uses and contribution determination methods (regs 12, 14)","Staged development mechanics: special apportionment rules for money held before freehold title grants to subsequent stages (reg 17)","Temporal restrictions: 'initial period' concept creates different rules for early-stage vs mature corporation (regs 27, 28, 43)","Proxy and nominee limitations: complex restrictions on voting by proxy where financial interests exist (reg 59)","Developer limitation formula: mathematical cap on developer voting power based on comparative lot entitlements (reg 53)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up the rules for running the **Cullen Bay Marina** in Darwin—a mixed-use marina development with residential lots, commercial spaces, and boat moorings. Think of it as the \"rulebook\" for the body corporate (here called the **Management Corporation**) that looks after the shared areas like the mooring basin, jetties, and common facilities.\n\n**Who it affects:**\n\n*   **Lot owners**—people who own apartments, commercial units, or boat pens in the marina\n*   **The Management Corporation**—the elected committee that runs the show\n*   **The Developer**—the company that built the place (with special rules limiting their control over time)\n*   **Mortgagees**—banks or lenders who hold mortgages over lots\n\n**Key things covered:**\n\n*   **How the committee works:** Sets out how many people sit on the committee (4–12 members), how they're elected, when they can be kicked out, and how they make decisions.\n*   **Money matters:** Establishes two funds—an **Administrative Fund** (for day-to-day running costs) and a **Sinking Fund** (for big future expenses like repairs). Owners pay contributions (like strata levies) based on their \"lot entitlement\" (their share of the total property).\n*   **Meetings and voting:** Details how general meetings work, who can vote, and the different types of resolutions needed for different decisions:\n    *   **Ordinary resolution**—simple majority\n    *   **Special resolution**—two-thirds majority with limits on opposition\n    *   **Resolution without dissent**—unanimous, used for major changes\n*   **Insurance:** Requires the Corporation to insure the common property against fire, storms, malicious damage, and public liability (minimum $10 million).\n*   **Subdividing lots:** Explains how owners can split or combine their lots.\n*   **What owners can't do:** Bans nuisance behaviour, illegal use of lots, and interfering with services (water, power, etc.) to other lots.\n\n**Why it matters:**\n\nIf you own a lot at Cullen Bay Marina, these rules determine how much you pay in fees, how decisions get made about repairs or upgrades, your voting rights at meetings, and what happens if you fall behind on payments. It also protects the Developer initially but gradually shifts control to owners as the development fills up."}},"importantCases":[],"_links":{"self":"/api/acts/cullen-bay-marina-regulations-1993","history":"/api/acts/cullen-bay-marina-regulations-1993/history","analysis":"/api/acts/cullen-bay-marina-regulations-1993/analysis","conflicts":"/api/acts/cullen-bay-marina-regulations-1993/conflicts","importantCases":"/api/acts/cullen-bay-marina-regulations-1993/important-cases","documents":"/api/acts/cullen-bay-marina-regulations-1993/documents"}}