{"id":"qld:sl-2014-0187","name":"South Bank Corporation (Modified Building Units and Group Titles) Regulation 2014","slug":"south-bank-corporation-modified-building-units-and-group-titles-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"187 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175489,"registerId":"qld-qld:sl-2014-0187-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sch.1-pt","sectionType":"part","heading":"Notes to schedule 1","content":"# Notes to schedule 1","sortOrder":0},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":"Notes to schedule 1","content":"### sch.1-sec Notes to schedule 1\n\nThe provisions set out in this schedule are, subject to note 2, the provisions of the repealed Building Units and Group Titles Regulation 1980 (the applied regulation ) as it was in force at the making of the repealed South Bank Corporation (Modified Building Units and Group Titles) Regulation 1992 .\nVarious provisions of the applied regulation have been omitted or appear in a modified form in this schedule. Other provisions have been inserted.\nNotes have been included at the end of various provisions in the schedule to indicate the source of the provisions. The following rules have been followed in the inclusion of notes—\nif a provision of the applied regulation has not been amended (other than in a way in which a regulation is authorised to be reprinted by the Reprints Act 1992 , section 7 )—no note is included;\nif a provision of the applied regulation has been omitted—instead of that provision, the following note appears—\nif the provision was omitted when the applied regulation was first applied under the Act —the note ‘(not applied)’;\nif the provision was omitted at a later time—the note ‘(omitted)’;\nif an additional provision has been inserted or a provision has been replaced—the note ‘(new)’ appears;\nif a provision has been otherwise amended (other than in a way in which a regulation is authorised to be reprinted by the Reprints Act 1992 , section 7 )—the note ‘(amended)’ appears.\nThe notes mentioned in note 3(a) to (d) do not form part of the provisions of this schedule.\nsch 1 notes amd 2021 Act No. 12 s 148 sch 3\n(sch.1-sec-ssec.1) The provisions set out in this schedule are, subject to note 2, the provisions of the repealed Building Units and Group Titles Regulation 1980 (the applied regulation ) as it was in force at the making of the repealed South Bank Corporation (Modified Building Units and Group Titles) Regulation 1992 .\n(sch.1-sec-ssec.2) Various provisions of the applied regulation have been omitted or appear in a modified form in this schedule. Other provisions have been inserted.\n(sch.1-sec-ssec.3) Notes have been included at the end of various provisions in the schedule to indicate the source of the provisions. The following rules have been followed in the inclusion of notes— if a provision of the applied regulation has not been amended (other than in a way in which a regulation is authorised to be reprinted by the Reprints Act 1992 , section 7 )—no note is included; if a provision of the applied regulation has been omitted—instead of that provision, the following note appears— if the provision was omitted when the applied regulation was first applied under the Act —the note ‘(not applied)’; if the provision was omitted at a later time—the note ‘(omitted)’; if an additional provision has been inserted or a provision has been replaced—the note ‘(new)’ appears; if a provision has been otherwise amended (other than in a way in which a regulation is authorised to be reprinted by the Reprints Act 1992 , section 7 )—the note ‘(amended)’ appears.\n(sch.1-sec-ssec.4) The notes mentioned in note 3(a) to (d) do not form part of the provisions of this schedule.\n- (a) if a provision of the applied regulation has not been amended (other than in a way in which a regulation is authorised to be reprinted by the Reprints Act 1992 , section 7 )—no note is included;\n- (b) if a provision of the applied regulation has been omitted—instead of that provision, the following note appears— (i) if the provision was omitted when the applied regulation was first applied under the Act —the note ‘(not applied)’; (ii) if the provision was omitted at a later time—the note ‘(omitted)’;\n- (i) if the provision was omitted when the applied regulation was first applied under the Act —the note ‘(not applied)’;\n- (ii) if the provision was omitted at a later time—the note ‘(omitted)’;\n- (c) if an additional provision has been inserted or a provision has been replaced—the note ‘(new)’ appears;\n- (d) if a provision has been otherwise amended (other than in a way in which a regulation is authorised to be reprinted by the Reprints Act 1992 , section 7 )—the note ‘(amended)’ appears.\n- (i) if the provision was omitted when the applied regulation was first applied under the Act —the note ‘(not applied)’;\n- (ii) if the provision was omitted at a later time—the note ‘(omitted)’;","sortOrder":1},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":2},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Short title","content":"### sch.1-sec.1 Short title\n\n(not applied)","sortOrder":3},{"sectionNumber":"sch.1-sec.1A","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.1A Definitions\n\nIn this schedule—\napproved form means a form approved under section 133A of the modified Act.\nsch 1 s 1A def approved form sub 2021 Act No. 12 s 148 sch 3\ncorporation manager ...\nsch 1 s 1A def corporation manager om 2021 Act No. 12 s 148 sch 3\nmodified Act means the modified Building Units and Group Titles Act .\nSee sections 5 and  6 of the Act .\nplan means any of the following plans—\nleasehold building units plan;\nleasehold plan of amalgamation;\nleasehold plan of resubdivision.\nregistrar means the registrar of titles.\nschedule of lot entitlements means the schedule mentioned in section 19 (1) of the modified Act.\n(new)\n- (a) leasehold building units plan;\n- (b) leasehold plan of amalgamation;\n- (c) leasehold plan of resubdivision.","sortOrder":4},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Interpretation","content":"### sch.1-sec.2 Interpretation\n\n(not applied)","sortOrder":5},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":null,"content":"### Section sch.1-sec.3\n\nsch 1 s 3 om 2021 Act No. 12 s 148 sch 3","sortOrder":6},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Repeals","content":"### sch.1-sec.5 Repeals\n\n(not applied)","sortOrder":7},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Transitional","content":"### sch.1-sec.6 Transitional\n\n(not applied)","sortOrder":8},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Plans","content":"# Plans","sortOrder":9},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Registers of plans","content":"### sch.1-sec.7 Registers of plans\n\nThe registrar must keep a register of leasehold building units plans.\nThe registrar must record in the register the following particulars of each leasehold building units plan and leasehold plan of amalgamation or resubdivision lodged in the land registry—\nthe number of the plan;\nthe number of lots comprised in the plan;\nthe name of—\nif the plan does not relate to a stratum parcel—the building; or\nif the plan relates to a stratum parcel—the stratum parcel;\nthe name of the relevant local government;\nthe name of the party lodging the plan.\n(amended)\n(sch.1-sec.7-ssec.1) The registrar must keep a register of leasehold building units plans.\n(sch.1-sec.7-ssec.2) The registrar must record in the register the following particulars of each leasehold building units plan and leasehold plan of amalgamation or resubdivision lodged in the land registry— the number of the plan; the number of lots comprised in the plan; the name of— if the plan does not relate to a stratum parcel—the building; or if the plan relates to a stratum parcel—the stratum parcel; the name of the relevant local government; the name of the party lodging the plan. (amended)\n- (a) the number of the plan;\n- (b) the number of lots comprised in the plan;\n- (c) the name of— (i) if the plan does not relate to a stratum parcel—the building; or (ii) if the plan relates to a stratum parcel—the stratum parcel;\n- (i) if the plan does not relate to a stratum parcel—the building; or\n- (ii) if the plan relates to a stratum parcel—the stratum parcel;\n- (d) the name of the relevant local government;\n- (e) the name of the party lodging the plan.\n- (i) if the plan does not relate to a stratum parcel—the building; or\n- (ii) if the plan relates to a stratum parcel—the stratum parcel;","sortOrder":10},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Requirements for registration","content":"### sch.1-sec.8 Requirements for registration\n\nA plan lodged for registration in the land registry must—\nbe in the approved form; and\nbe printed on paper that is—\nA3; and\nof a density of at least 130gsm; and\ncomply with any relevant direction of the registrar.\nA notice of conversion, schedule of lot entitlements or other document lodged for registration in the land registry must—\nbe in the approved form; and\nbe printed on paper that is—\nA4; and\nwhite bond of a density of at least 80gsm; and\nfree from discolouration and blemishes; and\ncomply with the following requirements—\nhave clear margins no smaller than 10mm on all sides;\nhave a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the relevant form for a duty imprint;\nbe completed on 1 side only, either—\nprinted with type size no smaller than 1.8mm (10 point); or\nin a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar;\nhave all pages of the relevant form and all attachments securely bound together in a way approved by the registrar; and\ncomply with any relevant direction of the registrar.\nSubject to subsection (4) , an alteration on a document may only be made by—\nstriking through the printing or writing to be altered so the original printing or writing is still legible; and\nhaving each party to the document and each witness initial the alteration to the document.\nAn alteration on a plan must be initialled by—\nthe surveyor who prepared the plan; and\nfor an alteration that affects the boundary of a lot—\nif the appropriate authority is the corporation—the corporation manager; or\nif the appropriate authority is the council—the council’s chief executive officer.\nIn this section—\nrelevant direction , of the registrar for a plan or other document, means a direction of the registrar under the Land Title Act 1994 , section 10 (1) (b) that is relevant to the plan or document.\n(amended)\nsch 1 s 8 amd 2021 Act No. 12 s 148 sch 3\n(sch.1-sec.8-ssec.1) A plan lodged for registration in the land registry must— be in the approved form; and be printed on paper that is— A3; and of a density of at least 130gsm; and comply with any relevant direction of the registrar.\n(sch.1-sec.8-ssec.2) A notice of conversion, schedule of lot entitlements or other document lodged for registration in the land registry must— be in the approved form; and be printed on paper that is— A4; and white bond of a density of at least 80gsm; and free from discolouration and blemishes; and comply with the following requirements— have clear margins no smaller than 10mm on all sides; have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the relevant form for a duty imprint; be completed on 1 side only, either— printed with type size no smaller than 1.8mm (10 point); or in a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar; have all pages of the relevant form and all attachments securely bound together in a way approved by the registrar; and comply with any relevant direction of the registrar.\n(sch.1-sec.8-ssec.3) Subject to subsection (4) , an alteration on a document may only be made by— striking through the printing or writing to be altered so the original printing or writing is still legible; and having each party to the document and each witness initial the alteration to the document.\n(sch.1-sec.8-ssec.4) An alteration on a plan must be initialled by— the surveyor who prepared the plan; and for an alteration that affects the boundary of a lot— if the appropriate authority is the corporation—the corporation manager; or if the appropriate authority is the council—the council’s chief executive officer.\n(sch.1-sec.8-ssec.5) In this section— relevant direction , of the registrar for a plan or other document, means a direction of the registrar under the Land Title Act 1994 , section 10 (1) (b) that is relevant to the plan or document. (amended)\n- (a) be in the approved form; and\n- (b) be printed on paper that is— (i) A3; and (ii) of a density of at least 130gsm; and\n- (i) A3; and\n- (ii) of a density of at least 130gsm; and\n- (c) comply with any relevant direction of the registrar.\n- (i) A3; and\n- (ii) of a density of at least 130gsm; and\n- (a) be in the approved form; and\n- (b) be printed on paper that is— (i) A4; and (ii) white bond of a density of at least 80gsm; and (iii) free from discolouration and blemishes; and\n- (i) A4; and\n- (ii) white bond of a density of at least 80gsm; and\n- (iii) free from discolouration and blemishes; and\n- (c) comply with the following requirements— (i) have clear margins no smaller than 10mm on all sides; (ii) have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the relevant form for a duty imprint; (iii) be completed on 1 side only, either— (A) printed with type size no smaller than 1.8mm (10 point); or (B) in a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar; (iv) have all pages of the relevant form and all attachments securely bound together in a way approved by the registrar; and\n- (i) have clear margins no smaller than 10mm on all sides;\n- (ii) have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the relevant form for a duty imprint;\n- (iii) be completed on 1 side only, either— (A) printed with type size no smaller than 1.8mm (10 point); or (B) in a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar;\n- (A) printed with type size no smaller than 1.8mm (10 point); or\n- (B) in a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar;\n- (iv) have all pages of the relevant form and all attachments securely bound together in a way approved by the registrar; and\n- (d) comply with any relevant direction of the registrar.\n- (i) A4; and\n- (ii) white bond of a density of at least 80gsm; and\n- (iii) free from discolouration and blemishes; and\n- (i) have clear margins no smaller than 10mm on all sides;\n- (ii) have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the relevant form for a duty imprint;\n- (iii) be completed on 1 side only, either— (A) printed with type size no smaller than 1.8mm (10 point); or (B) in a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar;\n- (A) printed with type size no smaller than 1.8mm (10 point); or\n- (B) in a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar;\n- (iv) have all pages of the relevant form and all attachments securely bound together in a way approved by the registrar; and\n- (A) printed with type size no smaller than 1.8mm (10 point); or\n- (B) in a way that is permanent and that can be photocopied to produce a copy satisfactory to the registrar;\n- (a) striking through the printing or writing to be altered so the original printing or writing is still legible; and\n- (b) having each party to the document and each witness initial the alteration to the document.\n- (a) the surveyor who prepared the plan; and\n- (b) for an alteration that affects the boundary of a lot— (i) if the appropriate authority is the corporation—the corporation manager; or (ii) if the appropriate authority is the council—the council’s chief executive officer.\n- (i) if the appropriate authority is the corporation—the corporation manager; or\n- (ii) if the appropriate authority is the council—the council’s chief executive officer.\n- (i) if the appropriate authority is the corporation—the corporation manager; or\n- (ii) if the appropriate authority is the council—the council’s chief executive officer.","sortOrder":11},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Further requirements for registration","content":"### sch.1-sec.9 Further requirements for registration\n\nA plan or notice of conversion lodged for registration in the land registry must—\nshow the name and postal address of the registered proprietor of the land and the name and address of the person who lodged the plan; and\nbe lodged by hand; and\nbe accompanied by—\nfor a leasehold building units plan—the certificate of title, if any, for the relevant parcel; and\nfor a leasehold plan of amalgamation or resubdivision—the certificate of title, if any, for the leasehold estate in each lot comprised in the plan; and\nfor a notice of conversion—the certificate of title, if any, for the leasehold estate in each lot comprised in the notice.\n(amended)\n- (a) show the name and postal address of the registered proprietor of the land and the name and address of the person who lodged the plan; and\n- (b) be lodged by hand; and\n- (c) be accompanied by— (i) for a leasehold building units plan—the certificate of title, if any, for the relevant parcel; and (ii) for a leasehold plan of amalgamation or resubdivision—the certificate of title, if any, for the leasehold estate in each lot comprised in the plan; and (iii) for a notice of conversion—the certificate of title, if any, for the leasehold estate in each lot comprised in the notice.\n- (i) for a leasehold building units plan—the certificate of title, if any, for the relevant parcel; and\n- (ii) for a leasehold plan of amalgamation or resubdivision—the certificate of title, if any, for the leasehold estate in each lot comprised in the plan; and\n- (iii) for a notice of conversion—the certificate of title, if any, for the leasehold estate in each lot comprised in the notice.\n- (i) for a leasehold building units plan—the certificate of title, if any, for the relevant parcel; and\n- (ii) for a leasehold plan of amalgamation or resubdivision—the certificate of title, if any, for the leasehold estate in each lot comprised in the plan; and\n- (iii) for a notice of conversion—the certificate of title, if any, for the leasehold estate in each lot comprised in the notice.","sortOrder":12},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Manner of registration","content":"### sch.1-sec.10 Manner of registration\n\nWhen registering a leasehold plan of amalgamation or resubdivision or a notice of conversion, the registrar must—\nendorse on the original leasehold building units plan and on the certificates of title for the leasehold estate in the lots the subject of the amalgamation, resubdivision or conversion, a notification of the amalgamation, resubdivision or conversion and sign the endorsement; and\nindicate by appropriate charting on the diagram on the original leasehold building units plan illustrating the lots or common property or lots and common property the subject of the amalgamation, resubdivision or conversion, that the lots or common property or lots and common property have been amalgamated, resubdivided or converted; and\nfor an amalgamation—amend the schedule of lot entitlements endorsed on the original leasehold building units plan by striking out the reference in the schedule to the lots that have been amalgamated and their entitlements and recording on the schedule the amalgamated lot and its entitlement.\n(amended)\n- (a) endorse on the original leasehold building units plan and on the certificates of title for the leasehold estate in the lots the subject of the amalgamation, resubdivision or conversion, a notification of the amalgamation, resubdivision or conversion and sign the endorsement; and\n- (b) indicate by appropriate charting on the diagram on the original leasehold building units plan illustrating the lots or common property or lots and common property the subject of the amalgamation, resubdivision or conversion, that the lots or common property or lots and common property have been amalgamated, resubdivided or converted; and\n- (c) for an amalgamation—amend the schedule of lot entitlements endorsed on the original leasehold building units plan by striking out the reference in the schedule to the lots that have been amalgamated and their entitlements and recording on the schedule the amalgamated lot and its entitlement.","sortOrder":13},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Instruments","content":"# Instruments","sortOrder":14},{"sectionNumber":"sch.1-sec.10A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.10A\n\nsch 1 s 10A om 2021 Act No. 12 s 148 sch 3","sortOrder":15},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Instruments to comply with certain requirements","content":"### sch.1-sec.11 Instruments to comply with certain requirements\n\n(not applied)","sortOrder":16},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Certificate by local authority","content":"### sch.1-sec.12 Certificate by local authority\n\n(not applied)","sortOrder":17},{"sectionNumber":"sch.1-sec.12A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12A\n\nsch 1 s 12A om 2021 Act No. 12 s 148 sch 3","sortOrder":18},{"sectionNumber":"sch.1-sec.12B","sectionType":"section","heading":"Certificate of cadastral surveyor—modified Act, s 9","content":"### sch.1-sec.12B Certificate of cadastral surveyor—modified Act, s 9\n\nA certificate of a cadastral surveyor mentioned in section 9 (1A)(b)(ii) of the modified Act must be in the approved form.\n(new)\nsch 1 s 12B amd 2021 Act No. 12 s 148 sch 3","sortOrder":19},{"sectionNumber":"sch.1-sec.12C","sectionType":"section","heading":"Certificate of lessees approving subdivision—modified Act, s 9","content":"### sch.1-sec.12C Certificate of lessees approving subdivision—modified Act, s 9\n\nFor section 9 (1A)(b)(iv)(A) of the modified Act, the prescribed persons are—\nif there are no more than 3 leases—all of the lessees; or\nif there are more than 3 leases—\nthe person elected as chairperson at the meeting mentioned in section 9 (1A)(b)(iii) of the modified Act; and\n2 other lessees who are not joint lessees under the same lease.\n(new)\nsch 1 s 12C amd 2021 Act No. 12 s 148 sch 3\n(sch.1-sec.12C-ssec.2) For section 9 (1A)(b)(iv)(A) of the modified Act, the prescribed persons are— if there are no more than 3 leases—all of the lessees; or if there are more than 3 leases— the person elected as chairperson at the meeting mentioned in section 9 (1A)(b)(iii) of the modified Act; and 2 other lessees who are not joint lessees under the same lease. (new)\n- (a) if there are no more than 3 leases—all of the lessees; or\n- (b) if there are more than 3 leases— (i) the person elected as chairperson at the meeting mentioned in section 9 (1A)(b)(iii) of the modified Act; and (ii) 2 other lessees who are not joint lessees under the same lease.\n- (i) the person elected as chairperson at the meeting mentioned in section 9 (1A)(b)(iii) of the modified Act; and\n- (ii) 2 other lessees who are not joint lessees under the same lease.\n- (i) the person elected as chairperson at the meeting mentioned in section 9 (1A)(b)(iii) of the modified Act; and\n- (ii) 2 other lessees who are not joint lessees under the same lease.","sortOrder":20},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Certificate of body corporate","content":"### sch.1-sec.13 Certificate of body corporate\n\nA certificate of the body corporate mentioned in section 21 (2)(b), 22 (8) or 23 (5) of the modified Act must be in the approved form.\n(amended)\nsch 1 s 13 amd 2021 Act No. 12 s 148 sch 3","sortOrder":21},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Notification of extinguishment","content":"### sch.1-sec.14 Notification of extinguishment\n\n(not applied)","sortOrder":22},{"sectionNumber":"sch.1-sec.14A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.14A\n\nsch 1 s 14A om 2021 Act No. 12 s 148 sch 3","sortOrder":23},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Notification of change of by-laws","content":"### sch.1-sec.15 Notification of change of by-laws\n\n(omitted)\nsch 1 s 15 sub 2021 Act No. 12 s 148 sch 3","sortOrder":24},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Notice of change of address","content":"### sch.1-sec.16 Notice of change of address\n\n(omitted)\nsch 1 s 16 sub 2021 Act No. 12 s 148 sch 3","sortOrder":25},{"sectionNumber":"sch.1-sec.16A","sectionType":"section","heading":"Notice of change of name","content":"### sch.1-sec.16A Notice of change of name\n\nA body corporate that, under section 9 (4) of the modified Act, is changing the name of a building or stratum parcel endorsed on a leasehold building units plan, must give the registrar a request in the approved form.\n(amended)\nsch 1 s 16A amd 2021 Act No. 12 s 148 sch 3","sortOrder":26},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Manner of registration of certain dealings","content":"### sch.1-sec.17 Manner of registration of certain dealings\n\nFor registration of a sublease, transfer of lease or surrender of sublease as mentioned in section 22 (11) of the modified Act, the registrar must endorse and sign a memorial of the sublease, transfer of lease or surrender of sublease on a sheet annexed to the first sheet of the registered leasehold building units plan.\nFor registration of an instrument creating or surrendering an easement under section 23 (7) of the modified Act, the registrar must endorse and sign a memorial of the instrument on a sheet annexed to the first sheet of the registered leasehold building units plan.\n(amended)\n(sch.1-sec.17-ssec.1) For registration of a sublease, transfer of lease or surrender of sublease as mentioned in section 22 (11) of the modified Act, the registrar must endorse and sign a memorial of the sublease, transfer of lease or surrender of sublease on a sheet annexed to the first sheet of the registered leasehold building units plan.\n(sch.1-sec.17-ssec.2) For registration of an instrument creating or surrendering an easement under section 23 (7) of the modified Act, the registrar must endorse and sign a memorial of the instrument on a sheet annexed to the first sheet of the registered leasehold building units plan. (amended)","sortOrder":27},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Production of certain certificates of title not necessary","content":"### sch.1-sec.18 Production of certain certificates of title not necessary\n\n(not applied)","sortOrder":28},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Manner of entry of notification of extinguishment on plan","content":"### sch.1-sec.19 Manner of entry of notification of extinguishment on plan\n\n(not applied)","sortOrder":29},{"sectionNumber":"sch.1-sec.19A","sectionType":"section","heading":"Statement by original lessee","content":"### sch.1-sec.19A Statement by original lessee\n\nFor section 49 (1) of the modified Act, the prescribed form for a statement is the approved form.\n(amended)\nsch 1 s 19A amd 2021 Act No. 12 s 148 sch 3","sortOrder":30},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Elections","content":"# Elections","sortOrder":31},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Procedure at first annual general meeting etc.","content":"### sch.1-sec.20 Procedure at first annual general meeting etc.\n\nThis section applies to the nomination and election of a chairperson, secretary and treasurer of a body corporate, and other members of a committee, at any of the following meetings of the body corporate—\nthe first annual general meeting;\nan extraordinary general meeting convened under section 42 (5) of the modified Act;\na meeting convened for the purpose mentioned in section 43 (2A) of the modified Act;\nthe annual general meeting if, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act—\na provision of schedule 2 , part 2 of the modified Act does not apply to the body corporate; and\nschedule 4 , section 10 (f) of the modified Act does not fully apply to the body corporate.\nThe nomination and election must be under the following rules—\nThe meeting must decide—\nif there are more than 3 lessees and subject to section 42 (4) of the modified Act—the number of persons who are to be committee members; and\nfor section 42 (15) of the modified Act—whether the election is to be an open election or by secret ballot.\nThe chairperson of the meeting must call upon those persons present and entitled to nominate candidates to nominate candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee.\nFor entitlement to nominate a candidate, see schedule 2 , part 1 , section 4 of the modified Act.\nA nomination is ineffective unless supported by the consent of the nominee to the nomination, given—\nin writing to the chairperson at the meeting; or\norally, if the nominee is present at the meeting.\nThe election of the chairperson, secretary and treasurer of the body corporate, and the other members of the committee, must be conducted separately.\nWhen there are no further nominations for each election, the chairperson—\nif there is only 1 nomination for any 1 or more of the offices of chairperson, secretary or treasurer—must declare the candidate is elected as the chairperson, secretary or treasurer, as applicable; and\nif the number of candidates for other members of the committee equals the number of other members of the committee decided under section 42 (4) of the modified Act—must declare the candidates are elected as the other members of the committee; and\nif there is more than 1 candidate for any 1 or more of the offices of the chairperson, secretary or treasurer—must direct a ballot be held for the offices for which there is more than 1 candidate; and\nif the number of candidates for other members of the committee is more than the number of other members of the committee decided under section 42 (4) of the modified Act—must direct a ballot be held.\nFor each ballot held, the chairperson must—\nannounce the names of the candidates and, for each candidate, whether the candidate is a lessee or, if not, by whom the candidate was nominated; and\nif the election is—\nan open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or\nby secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B .\nA person who is entitled to vote must complete a valid ballot paper by—\nfor the election of the chairperson, secretary or treasurer—writing on the ballot paper the name of a candidate; or\nfor the election of the other members of the committee—writing on the ballot paper the names of candidates, equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, so that no name is repeated; or\nif the election is an open election—\nindicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and\nsigning the ballot paper; and\nreturning the ballot paper to the chairperson; or\nif the election is by secret ballot—\ncompleting the ballot paper in accordance with section 21B ; and\nreturning the ballot paper to the chairperson.\nThe chairperson, or a person appointed by the chairperson, must count the votes recorded on valid ballot papers in favour of each candidate.\nSubject to rule 9 , for the election of the other members of the committee, the candidates, being equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, who receive the highest numbers of votes must be declared elected to the committee.\nThis rule applies if—\nthe number of votes recorded in favour of a candidate is the lowest of the numbers of votes mentioned in rule 8 ; and\nthe number of votes equals the number of votes recorded in favour of another candidate; and\nif the candidates mentioned in paragraphs (a) and (b) were to be declared elected, the number of persons elected would exceed the number of persons required to be elected.\nThe election, as between those candidates, must be decided by lot.\n(amended)\n(sch.1-sec.20-ssec.1) This section applies to the nomination and election of a chairperson, secretary and treasurer of a body corporate, and other members of a committee, at any of the following meetings of the body corporate— the first annual general meeting; an extraordinary general meeting convened under section 42 (5) of the modified Act; a meeting convened for the purpose mentioned in section 43 (2A) of the modified Act; the annual general meeting if, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act— a provision of schedule 2 , part 2 of the modified Act does not apply to the body corporate; and schedule 4 , section 10 (f) of the modified Act does not fully apply to the body corporate.\n(sch.1-sec.20-ssec.2) The nomination and election must be under the following rules— The meeting must decide— if there are more than 3 lessees and subject to section 42 (4) of the modified Act—the number of persons who are to be committee members; and for section 42 (15) of the modified Act—whether the election is to be an open election or by secret ballot. The chairperson of the meeting must call upon those persons present and entitled to nominate candidates to nominate candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee. For entitlement to nominate a candidate, see schedule 2 , part 1 , section 4 of the modified Act. A nomination is ineffective unless supported by the consent of the nominee to the nomination, given— in writing to the chairperson at the meeting; or orally, if the nominee is present at the meeting. The election of the chairperson, secretary and treasurer of the body corporate, and the other members of the committee, must be conducted separately. When there are no further nominations for each election, the chairperson— if there is only 1 nomination for any 1 or more of the offices of chairperson, secretary or treasurer—must declare the candidate is elected as the chairperson, secretary or treasurer, as applicable; and if the number of candidates for other members of the committee equals the number of other members of the committee decided under section 42 (4) of the modified Act—must declare the candidates are elected as the other members of the committee; and if there is more than 1 candidate for any 1 or more of the offices of the chairperson, secretary or treasurer—must direct a ballot be held for the offices for which there is more than 1 candidate; and if the number of candidates for other members of the committee is more than the number of other members of the committee decided under section 42 (4) of the modified Act—must direct a ballot be held. For each ballot held, the chairperson must— announce the names of the candidates and, for each candidate, whether the candidate is a lessee or, if not, by whom the candidate was nominated; and if the election is— an open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or by secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B . A person who is entitled to vote must complete a valid ballot paper by— for the election of the chairperson, secretary or treasurer—writing on the ballot paper the name of a candidate; or for the election of the other members of the committee—writing on the ballot paper the names of candidates, equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, so that no name is repeated; or if the election is an open election— indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and signing the ballot paper; and returning the ballot paper to the chairperson; or if the election is by secret ballot— completing the ballot paper in accordance with section 21B ; and returning the ballot paper to the chairperson. The chairperson, or a person appointed by the chairperson, must count the votes recorded on valid ballot papers in favour of each candidate. Subject to rule 9 , for the election of the other members of the committee, the candidates, being equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, who receive the highest numbers of votes must be declared elected to the committee. This rule applies if— the number of votes recorded in favour of a candidate is the lowest of the numbers of votes mentioned in rule 8 ; and the number of votes equals the number of votes recorded in favour of another candidate; and if the candidates mentioned in paragraphs (a) and (b) were to be declared elected, the number of persons elected would exceed the number of persons required to be elected. The election, as between those candidates, must be decided by lot. (amended)\n- (a) the first annual general meeting;\n- (b) an extraordinary general meeting convened under section 42 (5) of the modified Act;\n- (c) a meeting convened for the purpose mentioned in section 43 (2A) of the modified Act;\n- (d) the annual general meeting if, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act— (i) a provision of schedule 2 , part 2 of the modified Act does not apply to the body corporate; and (ii) schedule 4 , section 10 (f) of the modified Act does not fully apply to the body corporate.\n- (i) a provision of schedule 2 , part 2 of the modified Act does not apply to the body corporate; and\n- (ii) schedule 4 , section 10 (f) of the modified Act does not fully apply to the body corporate.\n- (i) a provision of schedule 2 , part 2 of the modified Act does not apply to the body corporate; and\n- (ii) schedule 4 , section 10 (f) of the modified Act does not fully apply to the body corporate.\n- 1 The meeting must decide— (a) if there are more than 3 lessees and subject to section 42 (4) of the modified Act—the number of persons who are to be committee members; and (b) for section 42 (15) of the modified Act—whether the election is to be an open election or by secret ballot.\n- (a) if there are more than 3 lessees and subject to section 42 (4) of the modified Act—the number of persons who are to be committee members; and\n- (b) for section 42 (15) of the modified Act—whether the election is to be an open election or by secret ballot.\n- 2 The chairperson of the meeting must call upon those persons present and entitled to nominate candidates to nominate candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee. Note— For entitlement to nominate a candidate, see schedule 2 , part 1 , section 4 of the modified Act.\n- 3 A nomination is ineffective unless supported by the consent of the nominee to the nomination, given— (a) in writing to the chairperson at the meeting; or (b) orally, if the nominee is present at the meeting.\n- (a) in writing to the chairperson at the meeting; or\n- (b) orally, if the nominee is present at the meeting.\n- 4 (1) The election of the chairperson, secretary and treasurer of the body corporate, and the other members of the committee, must be conducted separately.\n- (2) When there are no further nominations for each election, the chairperson— (a) if there is only 1 nomination for any 1 or more of the offices of chairperson, secretary or treasurer—must declare the candidate is elected as the chairperson, secretary or treasurer, as applicable; and (b) if the number of candidates for other members of the committee equals the number of other members of the committee decided under section 42 (4) of the modified Act—must declare the candidates are elected as the other members of the committee; and (c) if there is more than 1 candidate for any 1 or more of the offices of the chairperson, secretary or treasurer—must direct a ballot be held for the offices for which there is more than 1 candidate; and (d) if the number of candidates for other members of the committee is more than the number of other members of the committee decided under section 42 (4) of the modified Act—must direct a ballot be held.\n- (a) if there is only 1 nomination for any 1 or more of the offices of chairperson, secretary or treasurer—must declare the candidate is elected as the chairperson, secretary or treasurer, as applicable; and\n- (b) if the number of candidates for other members of the committee equals the number of other members of the committee decided under section 42 (4) of the modified Act—must declare the candidates are elected as the other members of the committee; and\n- (c) if there is more than 1 candidate for any 1 or more of the offices of the chairperson, secretary or treasurer—must direct a ballot be held for the offices for which there is more than 1 candidate; and\n- (d) if the number of candidates for other members of the committee is more than the number of other members of the committee decided under section 42 (4) of the modified Act—must direct a ballot be held.\n- 5 For each ballot held, the chairperson must— (a) announce the names of the candidates and, for each candidate, whether the candidate is a lessee or, if not, by whom the candidate was nominated; and (b) if the election is— (i) an open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or (ii) by secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B .\n- (a) announce the names of the candidates and, for each candidate, whether the candidate is a lessee or, if not, by whom the candidate was nominated; and\n- (b) if the election is— (i) an open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or (ii) by secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B .\n- (i) an open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or\n- (ii) by secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B .\n- 6 A person who is entitled to vote must complete a valid ballot paper by— (a) for the election of the chairperson, secretary or treasurer—writing on the ballot paper the name of a candidate; or (b) for the election of the other members of the committee—writing on the ballot paper the names of candidates, equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, so that no name is repeated; or (c) if the election is an open election— (i) indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and (ii) signing the ballot paper; and (iii) returning the ballot paper to the chairperson; or (d) if the election is by secret ballot— (i) completing the ballot paper in accordance with section 21B ; and (ii) returning the ballot paper to the chairperson.\n- (a) for the election of the chairperson, secretary or treasurer—writing on the ballot paper the name of a candidate; or\n- (b) for the election of the other members of the committee—writing on the ballot paper the names of candidates, equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, so that no name is repeated; or\n- (c) if the election is an open election— (i) indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and (ii) signing the ballot paper; and (iii) returning the ballot paper to the chairperson; or\n- (i) indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and\n- (ii) signing the ballot paper; and\n- (iii) returning the ballot paper to the chairperson; or\n- (d) if the election is by secret ballot— (i) completing the ballot paper in accordance with section 21B ; and (ii) returning the ballot paper to the chairperson.\n- (i) completing the ballot paper in accordance with section 21B ; and\n- (ii) returning the ballot paper to the chairperson.\n- 7 The chairperson, or a person appointed by the chairperson, must count the votes recorded on valid ballot papers in favour of each candidate.\n- 8 Subject to rule 9 , for the election of the other members of the committee, the candidates, being equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, who receive the highest numbers of votes must be declared elected to the committee.\n- 9 (1) This rule applies if— (a) the number of votes recorded in favour of a candidate is the lowest of the numbers of votes mentioned in rule 8 ; and (b) the number of votes equals the number of votes recorded in favour of another candidate; and (c) if the candidates mentioned in paragraphs (a) and (b) were to be declared elected, the number of persons elected would exceed the number of persons required to be elected.\n- (a) the number of votes recorded in favour of a candidate is the lowest of the numbers of votes mentioned in rule 8 ; and\n- (b) the number of votes equals the number of votes recorded in favour of another candidate; and\n- (c) if the candidates mentioned in paragraphs (a) and (b) were to be declared elected, the number of persons elected would exceed the number of persons required to be elected.\n- (2) The election, as between those candidates, must be decided by lot.\n- (a) if there are more than 3 lessees and subject to section 42 (4) of the modified Act—the number of persons who are to be committee members; and\n- (b) for section 42 (15) of the modified Act—whether the election is to be an open election or by secret ballot.\n- (a) in writing to the chairperson at the meeting; or\n- (b) orally, if the nominee is present at the meeting.\n- (a) if there is only 1 nomination for any 1 or more of the offices of chairperson, secretary or treasurer—must declare the candidate is elected as the chairperson, secretary or treasurer, as applicable; and\n- (b) if the number of candidates for other members of the committee equals the number of other members of the committee decided under section 42 (4) of the modified Act—must declare the candidates are elected as the other members of the committee; and\n- (c) if there is more than 1 candidate for any 1 or more of the offices of the chairperson, secretary or treasurer—must direct a ballot be held for the offices for which there is more than 1 candidate; and\n- (d) if the number of candidates for other members of the committee is more than the number of other members of the committee decided under section 42 (4) of the modified Act—must direct a ballot be held.\n- (a) announce the names of the candidates and, for each candidate, whether the candidate is a lessee or, if not, by whom the candidate was nominated; and\n- (b) if the election is— (i) an open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or (ii) by secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B .\n- (i) an open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or\n- (ii) by secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B .\n- (i) an open election—give to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or\n- (ii) by secret ballot—give to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B .\n- (a) for the election of the chairperson, secretary or treasurer—writing on the ballot paper the name of a candidate; or\n- (b) for the election of the other members of the committee—writing on the ballot paper the names of candidates, equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, so that no name is repeated; or\n- (c) if the election is an open election— (i) indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and (ii) signing the ballot paper; and (iii) returning the ballot paper to the chairperson; or\n- (i) indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and\n- (ii) signing the ballot paper; and\n- (iii) returning the ballot paper to the chairperson; or\n- (d) if the election is by secret ballot— (i) completing the ballot paper in accordance with section 21B ; and (ii) returning the ballot paper to the chairperson.\n- (i) completing the ballot paper in accordance with section 21B ; and\n- (ii) returning the ballot paper to the chairperson.\n- (i) indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and\n- (ii) signing the ballot paper; and\n- (iii) returning the ballot paper to the chairperson; or\n- (i) completing the ballot paper in accordance with section 21B ; and\n- (ii) returning the ballot paper to the chairperson.\n- (a) the number of votes recorded in favour of a candidate is the lowest of the numbers of votes mentioned in rule 8 ; and\n- (b) the number of votes equals the number of votes recorded in favour of another candidate; and\n- (c) if the candidates mentioned in paragraphs (a) and (b) were to be declared elected, the number of persons elected would exceed the number of persons required to be elected.","sortOrder":32},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Nomination procedures for second or subsequent annual general meeting","content":"### sch.1-sec.21 Nomination procedures for second or subsequent annual general meeting\n\nThis section applies to the nomination of a chairperson, secretary and treasurer of a body corporate, and other committee members, at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 20 (1) .\nHowever, this section does not apply to a body corporate, to which, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act—\na provision of schedule 2 , part 2 of the modified Act does not apply; or\nschedule 4 , section 10 (f) of the modified Act does not fully apply.\nThe nomination must comply with the following rules—\nThe secretary must serve a notice on each lessee shown on the body corporate’s roll, inviting the lessee to nominate candidates for the following positions—\nchairperson;\nsecretary;\ntreasurer;\nother member of the committee.\nThe notice must be served at least 14 days before the day on which nominations close.\nSee section 127 (3) of the modified Act.\nNominations close 21 days before the anniversary of the first annual general meeting.\nA nomination of a person for election as chairperson, secretary, treasurer or other member of a committee must—\nstate the full name of the person nominated; and\nstate whether the nominee is—\nan individual who is a lessee; or\na company nominee of a corporation that is a lessee; or\nan individual who is not a lessee but who is nominated for election; and\nstate the full name of the person who made the nomination; and\nbe signed by the nominee and the person who made the nomination.\nThe secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with rule 4 .\nIf, for the position of chairperson, secretary or treasurer—\nno person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or\nonly 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or\nmore than 1 person is nominated for a position—a ballot must be conducted for the position.\nIf, for the position of another member of the committee—\nno person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or\nless than the number of persons required to be elected are nominated—the chairperson at the annual general meeting—\nmust declare each person who has been nominated is elected; and\nmust invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or\nmore persons are nominated than are required to be elected—a ballot must be conducted for the position.\n(amended)\n(sch.1-sec.21-ssec.1) This section applies to the nomination of a chairperson, secretary and treasurer of a body corporate, and other committee members, at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 20 (1) .\n(sch.1-sec.21-ssec.2) However, this section does not apply to a body corporate, to which, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act— a provision of schedule 2 , part 2 of the modified Act does not apply; or schedule 4 , section 10 (f) of the modified Act does not fully apply.\n(sch.1-sec.21-ssec.3) The nomination must comply with the following rules— The secretary must serve a notice on each lessee shown on the body corporate’s roll, inviting the lessee to nominate candidates for the following positions— chairperson; secretary; treasurer; other member of the committee. The notice must be served at least 14 days before the day on which nominations close. See section 127 (3) of the modified Act. Nominations close 21 days before the anniversary of the first annual general meeting. A nomination of a person for election as chairperson, secretary, treasurer or other member of a committee must— state the full name of the person nominated; and state whether the nominee is— an individual who is a lessee; or a company nominee of a corporation that is a lessee; or an individual who is not a lessee but who is nominated for election; and state the full name of the person who made the nomination; and be signed by the nominee and the person who made the nomination. The secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with rule 4 . If, for the position of chairperson, secretary or treasurer— no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or more than 1 person is nominated for a position—a ballot must be conducted for the position. If, for the position of another member of the committee— no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— must declare each person who has been nominated is elected; and must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or more persons are nominated than are required to be elected—a ballot must be conducted for the position. (amended)\n- (a) a provision of schedule 2 , part 2 of the modified Act does not apply; or\n- (b) schedule 4 , section 10 (f) of the modified Act does not fully apply.\n- 1 The secretary must serve a notice on each lessee shown on the body corporate’s roll, inviting the lessee to nominate candidates for the following positions— (a) chairperson; (b) secretary; (c) treasurer; (d) other member of the committee.\n- (a) chairperson;\n- (b) secretary;\n- (c) treasurer;\n- (d) other member of the committee.\n- 2 The notice must be served at least 14 days before the day on which nominations close. Note— See section 127 (3) of the modified Act.\n- 3 Nominations close 21 days before the anniversary of the first annual general meeting.\n- 4 A nomination of a person for election as chairperson, secretary, treasurer or other member of a committee must— (a) state the full name of the person nominated; and (b) state whether the nominee is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a lessee but who is nominated for election; and (c) state the full name of the person who made the nomination; and (d) be signed by the nominee and the person who made the nomination.\n- (a) state the full name of the person nominated; and\n- (b) state whether the nominee is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a lessee but who is nominated for election; and\n- (i) an individual who is a lessee; or\n- (ii) a company nominee of a corporation that is a lessee; or\n- (iii) an individual who is not a lessee but who is nominated for election; and\n- (c) state the full name of the person who made the nomination; and\n- (d) be signed by the nominee and the person who made the nomination.\n- 5 The secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with rule 4 .\n- 6 If, for the position of chairperson, secretary or treasurer— (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or (b) only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or (c) more than 1 person is nominated for a position—a ballot must be conducted for the position.\n- (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or\n- (b) only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or\n- (c) more than 1 person is nominated for a position—a ballot must be conducted for the position.\n- 7 If, for the position of another member of the committee— (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or (b) less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— (i) must declare each person who has been nominated is elected; and (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or (c) more persons are nominated than are required to be elected—a ballot must be conducted for the position.\n- (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or\n- (b) less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— (i) must declare each person who has been nominated is elected; and (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or\n- (i) must declare each person who has been nominated is elected; and\n- (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or\n- (c) more persons are nominated than are required to be elected—a ballot must be conducted for the position.\n- (a) chairperson;\n- (b) secretary;\n- (c) treasurer;\n- (d) other member of the committee.\n- (a) state the full name of the person nominated; and\n- (b) state whether the nominee is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a lessee but who is nominated for election; and\n- (i) an individual who is a lessee; or\n- (ii) a company nominee of a corporation that is a lessee; or\n- (iii) an individual who is not a lessee but who is nominated for election; and\n- (c) state the full name of the person who made the nomination; and\n- (d) be signed by the nominee and the person who made the nomination.\n- (i) an individual who is a lessee; or\n- (ii) a company nominee of a corporation that is a lessee; or\n- (iii) an individual who is not a lessee but who is nominated for election; and\n- (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or\n- (b) only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or\n- (c) more than 1 person is nominated for a position—a ballot must be conducted for the position.\n- (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or\n- (b) less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— (i) must declare each person who has been nominated is elected; and (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or\n- (i) must declare each person who has been nominated is elected; and\n- (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or\n- (c) more persons are nominated than are required to be elected—a ballot must be conducted for the position.\n- (i) must declare each person who has been nominated is elected; and\n- (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or","sortOrder":33},{"sectionNumber":"sch.1-sec.21A","sectionType":"section","heading":"Procedure on open ballot","content":"### sch.1-sec.21A Procedure on open ballot\n\nAn open election by ballot must be conducted in compliance with the following rules—\nThe secretary must prepare ballot papers showing—\nthe number of persons required to be elected; and\nthe names of the candidates in alphabetical order; and\nfor each candidate, whether the candidate is—\nan individual who is a lessee; or\na company nominee of a corporation that is a lessee; or\nan individual who is not a proprietor but who is nominated for election by a lessee; and\nthe name of the person who nominated the candidate.\nThe secretary must give each person shown on the roll a ballot paper and an envelope marked ‘Ballot Paper’ and addressed to the secretary.\nA person who is entitled to vote must vote by—\ncrossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected to each position; and\nsigning the back of the ballot paper; and\nmarking the number of the lot entitling the person to vote on the back of the ballot paper; and\nunless the ballot paper is completed at the annual general meeting—\nplacing the ballot paper in the ballot paper envelope; and\nsealing the envelope and signing the back of the envelope; and\nmarking the number of the lot entitling the person to vote on the back of the envelope; and\ngiving or sending the envelope to the secretary before or at the annual general meeting.\nA person who is entitled to vote but has not voted before the annual general meeting must be given a ballot paper by the secretary when the person asks for it, and the person must give the completed ballot to the secretary when required by the secretary to do so.\nA ballot paper envelope must not be opened until all votes cast have been given to the secretary.\n(amended)\n- 1 The secretary must prepare ballot papers showing— (a) the number of persons required to be elected; and (b) the names of the candidates in alphabetical order; and (c) for each candidate, whether the candidate is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a proprietor but who is nominated for election by a lessee; and (d) the name of the person who nominated the candidate.\n- (a) the number of persons required to be elected; and\n- (b) the names of the candidates in alphabetical order; and\n- (c) for each candidate, whether the candidate is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a proprietor but who is nominated for election by a lessee; and\n- (i) an individual who is a lessee; or\n- (ii) a company nominee of a corporation that is a lessee; or\n- (iii) an individual who is not a proprietor but who is nominated for election by a lessee; and\n- (d) the name of the person who nominated the candidate.\n- 2 The secretary must give each person shown on the roll a ballot paper and an envelope marked ‘Ballot Paper’ and addressed to the secretary.\n- 3 A person who is entitled to vote must vote by— (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected to each position; and (b) signing the back of the ballot paper; and (c) marking the number of the lot entitling the person to vote on the back of the ballot paper; and (d) unless the ballot paper is completed at the annual general meeting— (i) placing the ballot paper in the ballot paper envelope; and (ii) sealing the envelope and signing the back of the envelope; and (iii) marking the number of the lot entitling the person to vote on the back of the envelope; and (e) giving or sending the envelope to the secretary before or at the annual general meeting.\n- (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected to each position; and\n- (b) signing the back of the ballot paper; and\n- (c) marking the number of the lot entitling the person to vote on the back of the ballot paper; and\n- (d) unless the ballot paper is completed at the annual general meeting— (i) placing the ballot paper in the ballot paper envelope; and (ii) sealing the envelope and signing the back of the envelope; and (iii) marking the number of the lot entitling the person to vote on the back of the envelope; and\n- (i) placing the ballot paper in the ballot paper envelope; and\n- (ii) sealing the envelope and signing the back of the envelope; and\n- (iii) marking the number of the lot entitling the person to vote on the back of the envelope; and\n- (e) giving or sending the envelope to the secretary before or at the annual general meeting.\n- 4 A person who is entitled to vote but has not voted before the annual general meeting must be given a ballot paper by the secretary when the person asks for it, and the person must give the completed ballot to the secretary when required by the secretary to do so.\n- 5 A ballot paper envelope must not be opened until all votes cast have been given to the secretary.\n- (a) the number of persons required to be elected; and\n- (b) the names of the candidates in alphabetical order; and\n- (c) for each candidate, whether the candidate is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a proprietor but who is nominated for election by a lessee; and\n- (i) an individual who is a lessee; or\n- (ii) a company nominee of a corporation that is a lessee; or\n- (iii) an individual who is not a proprietor but who is nominated for election by a lessee; and\n- (d) the name of the person who nominated the candidate.\n- (i) an individual who is a lessee; or\n- (ii) a company nominee of a corporation that is a lessee; or\n- (iii) an individual who is not a proprietor but who is nominated for election by a lessee; and\n- (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected to each position; and\n- (b) signing the back of the ballot paper; and\n- (c) marking the number of the lot entitling the person to vote on the back of the ballot paper; and\n- (d) unless the ballot paper is completed at the annual general meeting— (i) placing the ballot paper in the ballot paper envelope; and (ii) sealing the envelope and signing the back of the envelope; and (iii) marking the number of the lot entitling the person to vote on the back of the envelope; and\n- (i) placing the ballot paper in the ballot paper envelope; and\n- (ii) sealing the envelope and signing the back of the envelope; and\n- (iii) marking the number of the lot entitling the person to vote on the back of the envelope; and\n- (e) giving or sending the envelope to the secretary before or at the annual general meeting.\n- (i) placing the ballot paper in the ballot paper envelope; and\n- (ii) sealing the envelope and signing the back of the envelope; and\n- (iii) marking the number of the lot entitling the person to vote on the back of the envelope; and","sortOrder":34},{"sectionNumber":"sch.1-sec.21B","sectionType":"section","heading":"Procedure on secret ballot","content":"### sch.1-sec.21B Procedure on secret ballot\n\nAn election by secret ballot must be conducted in compliance with the following rules—\nThe secretary must give to each person shown on the roll a ballot paper, a ballot paper envelope that complies with section 21A , rule 2 , and another envelope (a particulars envelope ).\nA particulars envelope may be—\na separate envelope; or\na part of the ballot paper envelope that may be detached without opening the ballot paper envelope.\nThe voter must—\ncomplete the particulars envelope by inserting—\nthe number of the lot; and\nthe name of the lessee of the lot; and\nthe name of the person entitled to vote; and\nthe capacity in which that person votes; and\nsign and date the envelope.\nA person who is entitled to vote in a secret ballot must vote by—\ncrossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected; and\nplacing the ballot paper in a ballot paper envelope, which must be sealed and, if a separate particulars envelope is provided, placed in the completed particulars envelope; and\ngiving or sending the sealed envelope to the secretary.\nThe secretary may issue a fresh ballot paper in place of a ballot paper that has been lost, is not received, is destroyed or is for any other reason not available for use and must make a written record about the issue and show the record to the chairperson at the meeting before the votes in the election are counted.\n(amended)\n- 1 The secretary must give to each person shown on the roll a ballot paper, a ballot paper envelope that complies with section 21A , rule 2 , and another envelope (a particulars envelope ).\n- 2 A particulars envelope may be— (a) a separate envelope; or (b) a part of the ballot paper envelope that may be detached without opening the ballot paper envelope.\n- (a) a separate envelope; or\n- (b) a part of the ballot paper envelope that may be detached without opening the ballot paper envelope.\n- 3 The voter must— (a) complete the particulars envelope by inserting— (i) the number of the lot; and (ii) the name of the lessee of the lot; and (iii) the name of the person entitled to vote; and (iv) the capacity in which that person votes; and (b) sign and date the envelope.\n- (a) complete the particulars envelope by inserting— (i) the number of the lot; and (ii) the name of the lessee of the lot; and (iii) the name of the person entitled to vote; and (iv) the capacity in which that person votes; and\n- (i) the number of the lot; and\n- (ii) the name of the lessee of the lot; and\n- (iii) the name of the person entitled to vote; and\n- (iv) the capacity in which that person votes; and\n- (b) sign and date the envelope.\n- 4 A person who is entitled to vote in a secret ballot must vote by— (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected; and (b) placing the ballot paper in a ballot paper envelope, which must be sealed and, if a separate particulars envelope is provided, placed in the completed particulars envelope; and (c) giving or sending the sealed envelope to the secretary.\n- (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected; and\n- (b) placing the ballot paper in a ballot paper envelope, which must be sealed and, if a separate particulars envelope is provided, placed in the completed particulars envelope; and\n- (c) giving or sending the sealed envelope to the secretary.\n- 5 The secretary may issue a fresh ballot paper in place of a ballot paper that has been lost, is not received, is destroyed or is for any other reason not available for use and must make a written record about the issue and show the record to the chairperson at the meeting before the votes in the election are counted.\n- (a) a separate envelope; or\n- (b) a part of the ballot paper envelope that may be detached without opening the ballot paper envelope.\n- (a) complete the particulars envelope by inserting— (i) the number of the lot; and (ii) the name of the lessee of the lot; and (iii) the name of the person entitled to vote; and (iv) the capacity in which that person votes; and\n- (i) the number of the lot; and\n- (ii) the name of the lessee of the lot; and\n- (iii) the name of the person entitled to vote; and\n- (iv) the capacity in which that person votes; and\n- (b) sign and date the envelope.\n- (i) the number of the lot; and\n- (ii) the name of the lessee of the lot; and\n- (iii) the name of the person entitled to vote; and\n- (iv) the capacity in which that person votes; and\n- (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected; and\n- (b) placing the ballot paper in a ballot paper envelope, which must be sealed and, if a separate particulars envelope is provided, placed in the completed particulars envelope; and\n- (c) giving or sending the sealed envelope to the secretary.","sortOrder":35},{"sectionNumber":"sch.1-sec.21C","sectionType":"section","heading":"Result of ballot","content":"### sch.1-sec.21C Result of ballot\n\nThe result of a ballot must be decided in compliance with the following rules—\nIf the election was conducted by secret ballot, the chairperson, or a person appointed by the chairperson, must scrutinise the particulars endorsed on the particulars envelope in the presence of any scrutineers appointed by the chairperson and, if satisfied the person who completed the envelope was entitled to vote in the election, must remove the ballot paper envelope from the particulars envelope.\nIf the election was conducted by secret ballot, all ballot paper envelopes must be placed in a receptacle in open view of the meeting and must be randomly mixed.\nThe chairperson, or a person appointed by the chairperson, must open the ballot paper envelopes and count the votes recorded on the ballot papers in those envelopes.\nSubject to rule 5 —\nfor an election for the position of chairperson, secretary or treasurer, the person who receives the highest number of votes for a position must be declared elected to the position; and\nfor an election for the position of other members of a committee, the chairperson must declare elected the person who received the highest number of votes, in descending order, until the number of persons required to be elected have been elected.\nIf 2 or more persons receive the same number of votes and the number of persons to be elected would be exceeded by declaring those persons elected, the result of the ballot must be decided by lot.\n(amended)\n- 1 If the election was conducted by secret ballot, the chairperson, or a person appointed by the chairperson, must scrutinise the particulars endorsed on the particulars envelope in the presence of any scrutineers appointed by the chairperson and, if satisfied the person who completed the envelope was entitled to vote in the election, must remove the ballot paper envelope from the particulars envelope.\n- 2 If the election was conducted by secret ballot, all ballot paper envelopes must be placed in a receptacle in open view of the meeting and must be randomly mixed.\n- 3 The chairperson, or a person appointed by the chairperson, must open the ballot paper envelopes and count the votes recorded on the ballot papers in those envelopes.\n- 4 Subject to rule 5 — (a) for an election for the position of chairperson, secretary or treasurer, the person who receives the highest number of votes for a position must be declared elected to the position; and (b) for an election for the position of other members of a committee, the chairperson must declare elected the person who received the highest number of votes, in descending order, until the number of persons required to be elected have been elected.\n- (a) for an election for the position of chairperson, secretary or treasurer, the person who receives the highest number of votes for a position must be declared elected to the position; and\n- (b) for an election for the position of other members of a committee, the chairperson must declare elected the person who received the highest number of votes, in descending order, until the number of persons required to be elected have been elected.\n- 5 If 2 or more persons receive the same number of votes and the number of persons to be elected would be exceeded by declaring those persons elected, the result of the ballot must be decided by lot.\n- (a) for an election for the position of chairperson, secretary or treasurer, the person who receives the highest number of votes for a position must be declared elected to the position; and\n- (b) for an election for the position of other members of a committee, the chairperson must declare elected the person who received the highest number of votes, in descending order, until the number of persons required to be elected have been elected.","sortOrder":36},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":37},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Fees payable to registrar of titles","content":"### sch.1-sec.22 Fees payable to registrar of titles\n\n(omitted)\nsch 1 s 22 sub 2021 Act No. 12 s 148 sch 3","sortOrder":38},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Fees payable to referee","content":"### sch.1-sec.23 Fees payable to referee\n\n(not applied)","sortOrder":39},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Fees payable to body corporate","content":"### sch.1-sec.24 Fees payable to body corporate\n\n(not applied)","sortOrder":40},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"General","content":"# General","sortOrder":41},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Retention of records etc.","content":"### sch.1-sec.25 Retention of records etc.\n\nFor section 38D (1)(b) of the modified Act—\na body corporate for a leasehold building units plan must keep minutes of its meetings until the day the leasehold building units plan is extinguished; and\na body corporate must keep books of account for moneys received or expended by the body corporate for 6 years after the day a statement of the accounts is submitted to an annual general meeting.\n(amended)\n- (a) a body corporate for a leasehold building units plan must keep minutes of its meetings until the day the leasehold building units plan is extinguished; and\n- (b) a body corporate must keep books of account for moneys received or expended by the body corporate for 6 years after the day a statement of the accounts is submitted to an annual general meeting.","sortOrder":42},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Prescribed investment","content":"### sch.1-sec.26 Prescribed investment\n\n(not applied)","sortOrder":43},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Form of roll—modified Act, s 39","content":"### sch.1-sec.27 Form of roll—modified Act, s 39\n\nThe part of the roll on which the body corporate records information in relation to a lot for section 39 (3) of the modified Act must be in the approved form.\n(amended)\nsch 1 s 27 amd 2021 Act No. 12 s 148 sch 3","sortOrder":44},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Application to body corporate—modified Act, s 40","content":"### sch.1-sec.28 Application to body corporate—modified Act, s 40\n\nAn application made to a body corporate under section 40 (1) of the modified Act must be in the approved form and the information and certification for section 40 (1)(a) and (c) of the modified Act must be provided by the body corporate on the application.\nHowever, a departure from the approved form for the application, or any information or certification provided by a body corporate for section 40 (1)(a) or (c) of the modified Act, does not of itself affect the validity of the application or constitute a failure of the body corporate to comply with section 40 (1) of the modified Act.\n(amended)\nsch 1 s 28 amd 2021 Act No. 12 s 148 sch 3\n(sch.1-sec.28-ssec.1) An application made to a body corporate under section 40 (1) of the modified Act must be in the approved form and the information and certification for section 40 (1)(a) and (c) of the modified Act must be provided by the body corporate on the application.\n(sch.1-sec.28-ssec.2) However, a departure from the approved form for the application, or any information or certification provided by a body corporate for section 40 (1)(a) or (c) of the modified Act, does not of itself affect the validity of the application or constitute a failure of the body corporate to comply with section 40 (1) of the modified Act. (amended)","sortOrder":45},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Application for exemption","content":"### sch.1-sec.29 Application for exemption\n\n(omitted)\nsch 1 s 29 sub 2021 Act No. 12 s 148 sch 3","sortOrder":46},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Grounds for application for exemption","content":"### sch.1-sec.30 Grounds for application for exemption\n\nFor section 41 (2) of the modified Act, each of the following is a prescribed ground—\na lessee who was a permanent resident has transferred the lease of the lot to a non-resident lessee who does not oppose the application;\na lessee who is a permanent resident is the owner of more than 1 lot in a leasehold building units plan;\na lessee is a corporation;\nall non-resident lessees have notified the body corporate in writing that they do not oppose the application.\n(amended)\n- (a) a lessee who was a permanent resident has transferred the lease of the lot to a non-resident lessee who does not oppose the application;\n- (b) a lessee who is a permanent resident is the owner of more than 1 lot in a leasehold building units plan;\n- (c) a lessee is a corporation;\n- (d) all non-resident lessees have notified the body corporate in writing that they do not oppose the application.","sortOrder":47},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Restriction on expenditure by committee","content":"### sch.1-sec.31 Restriction on expenditure by committee\n\n(not applied)","sortOrder":48},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Notices to body corporate—modified Act, s 53","content":"### sch.1-sec.32 Notices to body corporate—modified Act, s 53\n\nA notice given to a body corporate under section 53 of the modified Act must be in the approved form.\n(amended)\nsch 1 s 32 amd 2021 Act No. 12 s 148 sch 3","sortOrder":49},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Request for summons","content":"### sch.1-sec.33 Request for summons\n\nA request for the issue of a summons under section 103 (1) of the modified Act must be in the approved form and lodged with a referee.\n(amended)\nsch 1 s 33 amd 2021 Act No. 12 s 148 sch 3","sortOrder":50},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Form of summons","content":"### sch.1-sec.34 Form of summons\n\nA summons issued under section 103 (1) of the modified Act must be in the approved form.\n(amended)\nsch 1 s 34 amd 2021 Act No. 12 s 148 sch 3","sortOrder":51},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Form of inquiry","content":"### sch.1-sec.35 Form of inquiry\n\n(omitted)\nsch 1 s 35 sub 2021 Act No. 12 s 148 sch 3","sortOrder":52},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Classes of order","content":"### sch.1-sec.36 Classes of order\n\nFor section 117 (1)(a)(ii) of the modified Act, the prescribed classes of order are orders made by a referee about—\na body corporate or its committee; or\na body corporate manager; or\na lessee or occupier of the particular lot the subject of the inquiry; or\na lessee or occupier of another lot in the parcel to which the inquiry relates within the period of 12 months before the inquiry was made.\n(amended)\n- (a) a body corporate or its committee; or\n- (b) a body corporate manager; or\n- (c) a lessee or occupier of the particular lot the subject of the inquiry; or\n- (d) a lessee or occupier of another lot in the parcel to which the inquiry relates within the period of 12 months before the inquiry was made.","sortOrder":53},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Application for reservation of name","content":"### sch.1-sec.37 Application for reservation of name\n\n(omitted)\nsch 1 s 37 sub 2021 Act No. 12 s 148 sch 3","sortOrder":54},{"sectionNumber":"sch.1-sec.38","sectionType":"section","heading":"Manner of reservation of name","content":"### sch.1-sec.38 Manner of reservation of name\n\nFor section 120 (2) of the modified Act, the prescribed manner for reserving a name of a building or stratum parcel in a proposed leasehold building units plan is recording the name, and the date of the lodgement of the application for reservation of the name, in a register kept solely for that purpose.\n(amended)","sortOrder":55},{"sectionNumber":"sch.1-sec.39","sectionType":"section","heading":"Notice of general meeting","content":"### sch.1-sec.39 Notice of general meeting\n\nA notice of a general meeting of a body corporate, other than the first annual general meeting, must be in the approved form.\nHowever, a departure from the approved form mentioned in subsection (1) does not of itself affect the validity of the notice.\n(amended)\nsch 1 s 39 amd 2021 Act No. 12 s 148 sch 3\n(sch.1-sec.39-ssec.1) A notice of a general meeting of a body corporate, other than the first annual general meeting, must be in the approved form.\n(sch.1-sec.39-ssec.2) However, a departure from the approved form mentioned in subsection (1) does not of itself affect the validity of the notice. (amended)","sortOrder":56},{"sectionNumber":"sch.1-sec.40","sectionType":"section","heading":"Requirements of application or notice of appeal","content":"### sch.1-sec.40 Requirements of application or notice of appeal\n\nSection 8 (2) (b) , (c) and (3) also applies to an application made to, or notice of appeal lodged with, the referee under part 5 of the modified Act.\n(amended)","sortOrder":57},{"sectionNumber":"sch.1-sec.41","sectionType":"section","heading":"Offences","content":"### sch.1-sec.41 Offences\n\n(not applied)","sortOrder":58},{"sectionNumber":"sch.1-sec.42","sectionType":"section","heading":"Cost of improvements","content":"### sch.1-sec.42 Cost of improvements\n\n(not applied)","sortOrder":59},{"sectionNumber":"sch.1-sec.43","sectionType":"section","heading":"Insurance","content":"### sch.1-sec.43 Insurance\n\n(not applied)","sortOrder":60}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sch.1-sec.8(4)","severity":"high","reasoning":"Section 8(4)(b)(i) requires that alterations affecting lot boundaries be initialled by 'the corporation manager' where the appropriate authority is the corporation. However, the definition of 'corporation manager' in section 1A was expressly omitted by 2021 Act No. 12 s 148 sch 3. The term is used operationally in a mandatory compliance provision but is undefined, making it impossible to determine who must sign the alteration, and potentially rendering boundary alterations incapable of valid execution.","confidence":0.92,"description":"Reference to 'corporation manager' after definition was deleted"},{"type":"impossible_compliance","section":"sch.1-sec.21, rule 3","severity":"medium","reasoning":"Rule 2 requires the notice be served at least 14 days before nominations close. Rule 3 fixes the close of nominations at 21 days before the anniversary of the first AGM. This creates a fixed pipeline of at least 35 days running backward from the anniversary date. If the body corporate does not hold its first AGM on its exact anniversary (or holds it early), or if the anniversary falls at a point where 35 days of preparation time is unavailable, strict compliance becomes impossible. There is no savings provision or flexibility mechanism within this regulation.","confidence":0.75,"description":"Temporal impossibility: notice must be served 14 days before nominations close, but nominations close 21 days before the anniversary of the first AGM — no mechanism exists if the AGM is held less than 35 days after the previous one or if the anniversary date falls before the 35-day window"},{"type":"self_contradicting","section":"sch.1-sec.21A, rule 3(d)","severity":"medium","reasoning":"Rule 3(d) states that the ballot paper envelope/signing/mailing requirements only apply 'unless the ballot paper is completed at the annual general meeting'. However, rule 3(e) then requires the voter to give or send the envelope to the secretary 'before or at the annual general meeting' regardless of whether it was completed at the AGM. Rule 4 then provides a separate mechanism for voters who complete at the AGM (hand it directly to the secretary). The interaction between rule 3(d), 3(e), and rule 4 is internally contradictory about whether an in-person voter uses the envelope process or the direct-hand process.","confidence":0.72,"description":"Voter completing ballot at the AGM is still required to place it in a ballot paper envelope and send it to the secretary — internally contradictory for in-person completion"},{"type":"circular_definition","section":"sch.1-sec.21B, rule 1","severity":"medium","reasoning":"Section 21B rule 1 requires the secretary to give a 'ballot paper envelope that complies with section 21A, rule 2'. However, section 21A rule 2 simply states the secretary must give each person on the roll a ballot paper and an envelope marked 'Ballot Paper' addressed to the secretary — it is a procedural distribution rule, not a specification of envelope physical or format requirements. The cross-reference is to an action obligation, not a compliance standard, making it logically vacuous.","confidence":0.82,"description":"Secret ballot rule 1 cross-references 'section 21A, rule 2' for ballot paper envelope compliance, but rule 2 of section 21A specifies requirements for giving ballot papers to persons on the roll — not specifications for the envelope itself"},{"type":"self_contradicting","section":"sch.1-sec.20, rule 6(c) and rule 6(d)","severity":"medium","reasoning":"Rule 6 says a voter must complete a valid ballot by: (a) writing the name of a candidate (for chair/sec/treasurer) OR (b) writing names for committee members OR (c) if open election — indicating lot number, signing, returning OR (d) if secret ballot — completing per s.21B and returning. The 'or' between (a)/(b) and (c)/(d) implies these are alternatives, yet (a) and (b) prescribe what to write while (c) and (d) prescribe the procedural steps. A voter in an open election must satisfy BOTH (a) and (c), not one or the other, making the 'or' connector logically incoherent.","confidence":0.68,"description":"Structural impossibility: a voter must simultaneously comply with both (a)/(b) on what to write AND (c)/(d) on whether open/secret — the 'or' connectors between (a)/(b) and (c)/(d) create mutually exclusive and overlapping obligations"},{"type":"circular_definition","section":"sch.1-sec Notes, note 4","severity":"low","reasoning":"Note 4 states that the notes mentioned in note 3(a) to (d) — i.e., the annotations '(not applied)', '(omitted)', '(new)', and '(amended)' — do not form part of the schedule provisions. However, note 4 is itself a note within the schedule. The regulation does not clarify whether note 4 itself forms part of the provisions, creating a minor but genuine self-referential ambiguity.","confidence":0.6,"description":"Self-referential exclusion: the notes say notes 3(a) to (d) do not form part of the schedule provisions, yet note 4 itself is a note in the schedule"}],"contradictions":[{"severity":"high","section_a":"sch.1-sec.1A (definition of 'corporation manager' omitted by 2021 amendment)","section_b":"sch.1-sec.8(4)(b)(i)","confidence":0.92,"description":"Section 8(4)(b)(i) mandates that the 'corporation manager' must initial boundary-affecting alterations on plans, but the 2021 amendment deleted the definition of 'corporation manager' from section 1A, leaving the mandatory requirement referencing an undefined and potentially non-existent role."},{"severity":"high","section_a":"sch.1-sec.20(1)(d) — applies to annual general meeting where schedule 2 part 2 provision does not apply AND schedule 4 s.10(f) does not fully apply (conjunctive)","section_b":"sch.1-sec.21(2) — excludes application to body corporate where schedule 2 part 2 provision does not apply OR schedule 4 s.10(f) does not fully apply (disjunctive)","confidence":0.88,"description":"Section 20(1)(d) uses a conjunctive test (both conditions must be met) to trigger application of section 20's election procedure at the annual AGM. Section 21(2) uses a disjunctive test (either condition) to exclude section 21 from applying. This creates a gap: where only one condition is satisfied, section 21 is excluded but section 20 does not apply, leaving the body corporate with no prescribed election procedure."},{"severity":"medium","section_a":"sch.1-sec.21, rule 4(b)(iii) — nominee must be described as 'an individual who is not a lessee but who is nominated for election'","section_b":"sch.1-sec.21A, rule 1(c)(iii) — ballot paper must describe candidate as 'an individual who is not a proprietor but who is nominated for election by a lessee'","confidence":0.85,"description":"The nomination form under section 21 rule 4 describes the third category of nominee as 'not a lessee', while the ballot paper under section 21A rule 1(c)(iii) describes the equivalent category as 'not a proprietor'. In the leasehold context of this regulation, 'lessee' and 'proprietor' are distinct concepts. A person could be a proprietor but not a lessee, or vice versa, meaning the nomination category and the ballot paper category do not map onto each other consistently."},{"severity":"high","section_a":"sch.1-sec.21B, rule 4(b) — ballot paper must be placed in ballot paper envelope which must be sealed and, if a separate particulars envelope is provided, placed in the completed particulars envelope","section_b":"sch.1-sec.21B, rule 2 — particulars envelope may be a part of the ballot paper envelope that may be detached without opening the ballot paper envelope","confidence":0.87,"description":"Rule 4(b) requires the sealed ballot paper envelope to be placed inside the particulars envelope. Rule 2(b) contemplates the particulars envelope being a detachable part of the ballot paper envelope. If the particulars envelope is a detachable part of the ballot paper envelope, it is logically impossible to place the ballot paper envelope inside a part of itself without opening it, directly contradicting rule 2(b)'s stipulation that detachment occurs without opening."},{"severity":"medium","section_a":"sch.1-sec.21A, rule 5 — ballot paper envelope must not be opened until all votes cast have been given to the secretary","section_b":"sch.1-sec.21C, rule 1 — for secret ballot, the chairperson must scrutinise the particulars envelope and remove the ballot paper envelope from it before all envelopes are placed in a receptacle (rule 2)","confidence":0.7,"description":"Section 21A rule 5 prohibits opening ballot paper envelopes until all votes have been given to the secretary. Section 21C rule 1 requires the chairperson to handle and remove ballot paper envelopes from particulars envelopes during scrutiny, which necessarily involves handling individual envelopes before all votes are pooled per rule 2. This sequential handling process is in tension with the blanket prohibition in rule 5 of section 21A, which appears drafted for open ballots but is not expressly limited to them."},{"severity":"medium","section_a":"sch.1-sec.8(3) — alteration on a document may only be made by striking through and having each party and each witness initial","section_b":"sch.1-sec.8(4) — alteration on a plan must be initialled by the surveyor and (for boundary alterations) the corporation manager or council CEO","confidence":0.78,"description":"Section 8(3) requires ALL parties to a document and ALL witnesses to initial alterations. Section 8(4) provides a separate (and narrower) initialling requirement for plans, specifying only the surveyor and (where relevant) an authority officer. A plan is a type of document. It is unclear whether section 8(4) replaces or supplements section 8(3) for plans — if it supplements, the surveyor and all parties/witnesses must all initial; if it replaces, parties and witnesses need not. The provision uses 'subject to subsection (4)' in subsection (3) suggesting (4) overrides, but (4) only addresses who must initial on a plan, not that others need not, leaving ambiguity about whether parties to the plan instrument must also initial."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The scope has clearly changed from the original 1980 Building Units and Group Titles Regulation. The original regulation was a general statewide instrument governing building units and group titles broadly. This schedule adapts and applies only a subset of those provisions — with many omitted, modified, or replaced — to the highly specific context of leasehold properties within the South Bank Corporation precinct in Brisbane. The 2021 amendments (Act No. 12 of 2021) further narrowed the scope by omitting additional provisions (such as the corporation manager definition and sections 3, 10A, 12A, and 14A) and substituting others, reflecting ongoing refinement of what rules are actually needed for the South Bank leasehold context."},"complexity_factors":["Multi-layered legislative structure: the regulation applies a modified version of a repealed 1980 regulation, creating a 'law within a law' that requires cross-referencing multiple instruments simultaneously","Highly specialised subject matter: leasehold strata title is a niche area of property law not commonly encountered, and South Bank's specific leasehold model is unique in Queensland","Extensive cross-referencing: nearly every operative provision refers to sections of the 'modified Act' (itself a modified version of another Act), requiring the reader to track provisions across multiple documents","Complex annotation system: the schedule uses a notation system (not applied, omitted, new, amended) to track which provisions came from the original 1980 regulation and which were changed, adding a meta-layer of complexity","Detailed procedural granularity: the election rules alone span multiple nested sub-rules covering nominations, open ballots, secret ballots, tie-breaking, and multiple meeting scenarios","Technical physical requirements: precise paper specifications, margin sizes, font sizes, and lodgement requirements demand specialist knowledge of land registry practice","Historical legislative archaeology: understanding the regulation requires tracing it back through the 1992 regulation to the 1980 regulation, with subsequent 2021 amendments further complicating the picture","Distinction between 'not applied' and 'omitted' provisions creates interpretive ambiguity about the legislative history and intent"],"plain_english_summary":"## South Bank Corporation (Modified Building Units and Group Titles) Regulation 2014\n\n### What is this?\n\nThis is a highly technical piece of Queensland legislation that governs how **leasehold strata-title properties** (i.e., buildings or complexes where you lease — rather than own — your individual unit or lot) within the **South Bank precinct** in Brisbane are managed and administered.\n\nThink of it like the rulebook for a very specific type of apartment complex or commercial building at South Bank, where instead of owning your unit outright, you hold a *lease* (a long-term legal right to use the property) granted under the South Bank Corporation Act.\n\n---\n\n### Who does this affect?\n\n- **Lessees** (people or companies who hold leases over lots/units at South Bank)\n- **Bodies corporate** (the self-governing group of lessees who manage shared areas of the building — similar to an owners corporation or strata committee)\n- **The Land Registry** (the government body that registers property documents)\n- **Surveyors** who prepare plans for these properties\n- **Referees** (adjudicators who resolve disputes between lessees and the body corporate)\n\n---\n\n### What does it actually do?\n\nThe regulation sets out detailed procedural rules across several key areas:\n\n**1. Plans and Registration**\nSpecifies the exact physical requirements for lodging property plans at the land registry — including paper size (A3 for plans, A4 for other documents), paper weight (density in grams per square metre), margin sizes, and how alterations must be initialled. The registrar (title office official) must maintain a register of these plans and record key details about each one.\n\n**2. Certificates and Documents**\nRequires certain key documents — such as surveyors' certificates, body corporate certificates, and notices of name changes — to be in officially approved forms.\n\n**3. Elections (Body Corporate Governance)**\nLays out detailed rules for how lessees elect the chairperson, secretary, treasurer, and other committee members of the body corporate. This covers:\n- How nominations are made and closed\n- How open ballots and secret ballots are conducted\n- How tied votes are resolved (by drawing lots)\n- Timelines (e.g., nominations close 21 days before the anniversary of the first annual general meeting)\n\n**4. Record-Keeping**\nRequires the body corporate to keep meeting minutes until the plan is extinguished (wound up), and financial records for 6 years.\n\n**5. Dispute Resolution**\nSets out the approved forms and procedures for requesting a summons or lodging appeals before a referee (the dispute resolver).\n\n**6. Exemptions**\nLists grounds on which a body corporate can apply for exemption from certain governance rules (e.g., where a lessee is a corporation, or all non-resident lessees consent).\n\n---\n\n### Why does it matter?\n\nIf you lease a lot at South Bank and are part of a body corporate, this regulation directly controls how your building is governed, how your votes are counted, how disputes are resolved, and what records must be kept. Getting these procedures wrong could invalidate elections, registrations, or legal documents.\n\n---\n\n### Important background\n\nThis regulation is essentially a *modified version* of a much older law — the **Building Units and Group Titles Regulation 1980** — adapted specifically for South Bank's unique leasehold system. It is a schedule (attached list of rules) that sits within a broader regulatory framework. Many provisions from the original 1980 regulation were deliberately left out or changed to suit South Bank's context."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a specific application of building units and group titles law to the South Bank precinct. While there have been amendments (particularly in 2021 removing various provisions related to corporation managers, fees, and inquiries), these appear to be modernisations and streamlinings rather than scope creep. The regulation remains focused on its core purpose of providing a modified property management framework for the South Bank Corporation's leasehold land."},"complexity_factors":["Extensive cross-referencing to a 'modified Act' (the modified Building Units and Group Titles Act) without reproducing those provisions, requiring readers to consult external legislation","Multiple layers of historical application: provisions are drawn from a 1980 regulation as applied in 1992, then modified again in 2014 and 2021","Numerous 'omitted' and 'not applied' provisions creating gaps in the logical flow","Detailed procedural rules for elections with nested conditions (e.g., different rules for first AGM vs subsequent AGMs, open vs secret ballots, tie-breaking by lot)","Specific technical requirements for document formatting (paper weights, margins, font sizes) that are prescriptive rather than principles-based","Frequent amendment notes (e.g., 'amd 2021 Act No. 12 s 148 sch 3') cluttering the text and indicating a patchwork legislative history","Dual structure of the regulation itself plus Schedule 1 which contains the substantive applied provisions"],"plain_english_summary":"This regulation sets out the administrative rules for managing leasehold building units in Queensland's South Bank area. It applies a modified version of the old Building Units and Group Titles Regulation 1980 to the South Bank Corporation's land.\n\n**What it covers:**\n\n*   **Registration of plans:** Specifies how leasehold building units plans must be lodged with the registrar of titles, including paper size (A3, minimum 130gsm), formatting requirements, and what information must be recorded.\n*   **Body corporate elections:** Details the procedures for electing committee members (chairperson, secretary, treasurer) at annual general meetings, including nomination rules, open ballots, secret ballots, and how to resolve tied votes.\n*   **Forms and certificates:** Requires various documents (surveyor certificates, body corporate certificates, applications to the body corporate) to use 'approved forms' (standard government templates).\n*   **Record keeping:** Requires bodies corporate to keep meeting minutes until the plan is extinguished and financial records for 6 years.\n\n**Who it affects:**\n\n*   The South Bank Corporation (which manages the South Bank precinct in Brisbane)\n*   Lessees (tenants with long-term leases) of building units in the South Bank area\n*   Bodies corporate (management committees) for these leasehold properties\n*   The registrar of titles (who maintains the official property register)\n\n**Why it matters:**\n\nThis regulation creates a special property management framework for South Bank, which operates differently from standard Queensland strata title laws. It ensures that despite the unique leasehold structure of South Bank, there are clear rules for property registration, democratic governance of bodies corporate, and proper record-keeping. The regulation essentially preserves older property law mechanisms specifically for this precinct."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/south-bank-corporation-modified-building-units-and-group-titles-regulation-2014","history":"/api/acts/south-bank-corporation-modified-building-units-and-group-titles-regulation-2014/history","analysis":"/api/acts/south-bank-corporation-modified-building-units-and-group-titles-regulation-2014/analysis","conflicts":"/api/acts/south-bank-corporation-modified-building-units-and-group-titles-regulation-2014/conflicts","importantCases":"/api/acts/south-bank-corporation-modified-building-units-and-group-titles-regulation-2014/important-cases","documents":"/api/acts/south-bank-corporation-modified-building-units-and-group-titles-regulation-2014/documents"}}