{"id":"unit-title-schemes-act-2009","name":"Unit Title Schemes Act 2009","slug":"unit-title-schemes-act-2009","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30691,"registerId":"nt-unit-title-schemes-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are:\n(a) to facilitate the formation, development and administration of\nunit title schemes that are flexible and meet contemporary\nneeds; and\n\nUnit Title Schemes Act 2009 2\n(b) to regulate the operation of the schemes.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Overview of Act","content":"4 Overview of Act\n(1) This Act (together with the Planning Act 1999 and Land Title\nAct 2000) forms the legislative framework for unit title schemes.\n(2) A unit title scheme is formed:\n(a) after a development permit or exceptional development permit\nfor the subdivision of land is issued under the Planning\nAct 1999; and\n(b) when a plan of subdivision for the land and the first scheme\nstatement of the scheme are registered under the Land Title\nAct 2000.\nNotes for subsection (2)\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"The plan of subdivision subdivides the land into lots that constitute the units","content":"1 The plan of subdivision subdivides the land into lots that constitute the units\nand common property of the scheme.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"The registration of the plan of subdivision and scheme statement has the","content":"2 The registration of the plan of subdivision and scheme statement has the\neffect, amongst other things, of creating the registered interests in the units\nand in the common property.\n3 For the interactions between this Act and the Unit Titles Act 1975, see\nsections 111 to 113.\n(3) In general, this Act sets out the rules about the basic operation of a\nscheme and related administrative matters.\n(4) Chapter 2 provides for the basic operation of a scheme, including:\n(a) the formation and changes of a scheme; and\n(b) the key elements and development of a scheme.\nThe termination of a scheme is governed by the Termination of Units Plans and\nUnit Title Schemes Act 2014.\n(5) Chapter 3 provides for the administration of a scheme, including:\n(a) the administration of the body corporate of a scheme\n(including, for example, the formation of the committee of\nmanagement for the scheme); and\n(b) other administrative matters (including, for example, the\nresolution of disputes, management modules, by-laws and\nengagement of service providers for a scheme).\n\nUnit Title Schemes Act 2009 3\n(6) Chapter 4 provides for the administration of this Act (including, for\nexample, establishing the office of schemes supervisor and making\ntransitional arrangements for this Act).\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\nIn this Act:\nacquisition authority means:\n(a) the Territory; or\n(b) a person or body that can acquire land for public purposes\nunder a law in force in the Territory.\naffected local government authority, for a scheme, means each\nof the following:\n(a) if all or part of the scheme land is located in a local\ngovernment area – the local government council for the local\ngovernment area;\n(b) if all or part of the scheme land is located in a prescribed area\nunder the Northern Territory Rates Act 1971 – the Minister\nadministering that Act;\n(c) if all or part of the scheme land is located in the Darwin\nWaterfront Precinct specified in the regulations made under\nsection 4 of the Darwin Waterfront Corporation Act 2006 – the\nDarwin Waterfront Corporation.\napproved form means a form approved under section 103.\napproved reinstatement process, see section 58(1).\nbasic scheme, see section 63(3).\nbody corporate means a body corporate formed on the formation\nof a scheme as mentioned in section 11(1)(b).\nbody corporate address, see section 25(2).\nbody corporate asset, see section 29.\nbody corporate manager, of a scheme, see section 87(1).\nbody corporate name, see section 18(2)(b).\n\nUnit Title Schemes Act 2009 4\nbody corporate policy, see section 52(1)(b).\nbuilding permit, see section 4 of the Building Act 1993.\nby-laws means the by-laws as mentioned in section 95.\ncaretaking service contractor, of a scheme, see section 87(1).\ncode of conduct means a code of conduct set out in Schedule 1,\nPart 1, 2 or 3.\ncommittee, see section 74(1).\ncommittee member means a member of a committee.\ncommon property, see section 33(1).\nconsent authority, see section 4 of the Planning Act 1999.\nconsolidation, see section 3(1) of the Planning Act 1999.\ncontribution entitlement means a contribution entitlement as\nmentioned in section 39(1)(a).\ncontribution schedule, see section 39(1)(a).\ndamage, of the scheme land of a scheme, includes the destruction\nof any scheme building on the scheme land.\ndeveloper, of a scheme, means:\n(a) the registered owner of the scheme land when the scheme is\nformed; or\n(b) another person who is taken to be the developer of the\nscheme as mentioned in section 67(2)(b).\ndevelopment permit, see section 3(1) of the Planning Act 1999.\ndisclosure statement means a scheme disclosure statement\nmentioned in section 45(1) or a replacement scheme disclosure\nstatement mentioned in section 46(2).\ndispute, see section 84.\neasement means an easement, or easement in gross, as defined\nin section 154 of the Law of Property Act 2000.\n\nUnit Title Schemes Act 2009 5\nendorsement, of a scheme statement, means:\n(a) an endorsement by the consent authority of the statement for\nits registration in relation to the matters prescribed by\nregulation as mentioned in section 18(3)(c)(i); or\n(b) an endorsement by a body corporate of the statement for its\nregistration as mentioned in section 18(3)(c)(ii) or (iii).\nentitlement schedules, see section 39(1).\nexceptional development permit, see section 3(1) of the Planning\nAct 1999.\nexclusive use by-law, see section 97(1).\nfirst scheme statement, see section 10(2).\nhigher scheme, see section 63(2).\nintended to be developed progressively, in relation to a scheme,\nsee section 64(1) and (2).\ninterest entitlement means an interest entitlement as mentioned in\nsection 39(1)(b).\ninterest schedule, see section 39(1)(b).\nlayered scheme, see section 68(1).\nletting agent, of a scheme, see section 87(1).\nlodge, see section 4 of the Land Title Act 2000.\nlot, see section 4 of the Land Title Act 2000.\nNote for definition lot\nThe common property or a unit is a lot under section 4 of the Land Title Act 2000.\nmajority resolution, see section 79(6).\nmanagement module means a management module as\nmentioned in section 94.\nmeeting, of a body corporate or committee, see section 78.\nmember, of a body corporate, see section 24.\nmember scheme, of a layered scheme, see section 68(2).\nmortgagee, of a unit, means a registered mortgagee of the unit.\n\nUnit Title Schemes Act 2009 6\nordinary resolution, see section 79(7).\noriginal owner, for a scheme, means:\n(a) the registered owner of the scheme land immediately after the\nscheme is formed; or\n(b) another person who has the legal authority to control the land\n(including, for example, a mortgagee) at that time.\noriginal owner control period, for a scheme, means the period\nimmediately after the formation of a scheme, during which:\n(a) the original owner is the only member of the body corporate;\nor\n(b) the original owner:\n(i) owns, or has an interest in, the majority of the units of\nthe scheme; or\n(ii) controls the voting of the body corporate in any other\nway.\nowner, of a lot, means the registered owner, as defined in section 4\nof the Land Title Act 2000, of the lot.\nplan of consolidation, see section 4 of the Land Title Act 2000.\nplan of subdivision, see section 4 of the Land Title Act 2000.\nprogressive development, of a scheme, means the\nimplementation of 1 or more stages of a scheme that is intended to\nbe developed progressively.\npurposes, of a scheme, means:\n(a) the purposes of the scheme as specified in the scheme\nstatement under section 18(1)(b); and\n(b) if the developer intends the scheme to be developed\nprogressively – the purposes of the progressive development\nas specified in the scheme statement under\nsection 18(1)(e)(ii).\nregistered means registered by the Registrar-General in the land\nregister as defined in section 4 of the Land Title Act 2000.\n\nUnit Title Schemes Act 2009 7\nRegistrar-General means the person holding or occupying the\nposition of the Registrar-General for the Northern Territory, or a\nposition of a Deputy Registrar-General, mentioned in section 5 of\nthe Registration Act 1927.\nRegistrar-General’s direction means a direction in force under\nsection 210 of the Land Title Act 2000.\nregistration number, of a scheme or body corporate, means the\nnumber allocated to the scheme or body corporate by the Registrar-\nGeneral under section 54B of the Land Title Act 2000.\nreinstatement, see section 53(2).\nreinstatement process, see section 58(2).\nresolution without dissent, see section 79(5).\nRestricted Water Extraction Area means an area of land declared\nunder section 14A(1) of the Water Act 1992.\nscheme means a unit title scheme as mentioned in section 10(1).\nscheme building, see section 32(2).\nscheme land, see section 32(1).\nscheme name, see section 18(2)(a).\nscheme statement, see section 10(1).\nschemes supervisor means a person holding or occupying the\noffice of unit title schemes supervisor mentioned in section 99.\nservice contractor, of a scheme, see section 87(1).\nspecial resolution, see section 79(8).\nstage, of a scheme intended to be developed progressively, means\na stage of the development mentioned in section 64(1)(b).\nstatutory easement, see section 51.\nsubdivision, see section 5 of the Planning Act 1999.\nsubsequent scheme statement, see section 12(1).\nsubsidiary scheme, see section 63(1).\ntermination means the termination of a scheme under section 72.\n\nUnit Title Schemes Act 2009 8\nTribunal means the Civil and Administrative Tribunal.\nunanimous resolution, see section 79(4).\nunit, of a scheme, see section 37.\nunit entitlement, see section 39(2).\nunit occupier, of a unit, see section 38(2).\nunit owner, of a unit, see section 38(1).\nunit title scheme, see section 10(1).\nutility infrastructure means:\n(a) a device or structure by which scheme land is supplied with a\nutility service; or\n(b) a device for measuring the reticulation or supply of a utility\nservice.\nutility service means any service for the amenity of the units or\ncommon property of a scheme, including, for example, water, gas,\nelectricity, telephone, sewer and drainage.\nworking day means a day other than a Saturday, Sunday or public\nholiday as defined in section 4(1) of the Public Holidays Act 1981.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"References about scheme","content":"6 References about scheme\nSubject to any contrary intention, in a provision of this Act:\n(a) references to various matters about a scheme are taken to be\nreferences about the same scheme; and\n(b) if the references are about a part of a scheme (such as a\nunit) – they are taken to be references about the same part;\nand\n\nUnit Title Schemes Act 2009 9\n(c) if the references are about a person related to a scheme in a\nparticular way (such as the unit owner) – they are taken to\ninclude references to each person so related to the scheme.\nExamples for section 6\n1 If a provision of this Act refers to a scheme statement and units without\nexpressly linking them to a particular scheme, they are taken to be references\nrelating to the same scheme. See section 11.\n2 If a provision of this Act refers to unit entitlements and a unit owner without\nexpressly linking them to a particular unit, they are taken to be references\nrelating to the same unit of a scheme. See section 40(1).\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Act binds Crown","content":"7 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of Criminal Code","content":"8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Offences against Act","content":"8A Offences against Act\nProceedings for an offence against this Act may only be\ncommenced:\n(a) within 2 years after the date on which the offence is alleged to\nhave been committed; or\n(b) with the authorisation of the Minister – at a later time within\n5 years after the date on which the offence is alleged to have\nbeen committed.\n\nUnit Title Schemes Act 2009 10\n","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Introduction","content":"Part 2.1 Introduction\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Overview of Chapter","content":"9 Overview of Chapter\n(1) Part 2.2 sets out the general rules about forming and changing a\nThe termination of a scheme is governed by the Termination of Units Plans and\nUnit Title Schemes Act 2014.\n(2) Part 2.3 sets out the special rules about each of the key elements\nof a scheme.\n(3) Part 2.4 sets out the special rules about the following developments\nof a scheme:\n(a) the progressive development of a scheme;\n(b) the formation of a layered scheme;\n(c) the amalgamation of 2 or more basic schemes.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Formation of scheme","content":"10 Formation of scheme\n(1) A unit title scheme is an arrangement set out in a written\nstatement (the scheme statement) for:\n(a) the creation of 2 or more units and common property from:\n(i) land subdivided under a plan of subdivision when the\nscheme is formed; and\n(ii) any changes to the land at a later time (including, for\nexample, an addition to, or consolidation or further\nsubdivision of, the land); and\n\nUnit Title Schemes Act 2009 11\n(b) the formation of a body corporate constituted by the unit\nowners.\nSection 54A of the Land Title Act 2000 provides that the plan of subdivision\nmentioned in subsection (1)(a) cannot be registered unless the first scheme\nstatement is also registered at the same time.\n(2) A scheme is formed when a scheme statement (the first scheme\nstatement) is first registered for the scheme.\nNotes for subsection (2)\n1 For the requirements about a scheme statement, see section 18.\n2 For the registration of a scheme statement, see Part 4, Division 4 of the Land\nTitle Act 2000.\n(3) The scheme must be identified by:\n(a) if a scheme name is specified in the scheme statement – that\nname, the registration number of the scheme, or both; or\n(b) otherwise – the registration number of the scheme.\nA name may be reserved for a proposed scheme under section 54C of the Land\nTitle Act 2000.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Effect of formation of scheme","content":"11 Effect of formation of scheme\n(1) On the formation of the scheme:\n(a) the first scheme statement takes effect; and\n(b) the body corporate of the scheme is formed; and\n(c) the original owner becomes the registered owner of the units;\nand\n(d) the body corporate becomes the registered owner of the\ncommon property.\n(2) On and after the scheme is formed, the body corporate, unit owners\nand unit occupiers are taken to have agreed to comply with the\nscheme statement, management module and by-laws.\n(3) Subsection (2) has effect subject to the scheme statement of each\nhigher scheme.\n\nUnit Title Schemes Act 2009 12\n","sortOrder":12},{"sectionNumber":"Div 2","sectionType":"division","heading":"Changing a scheme","content":"Division 2 Changing a scheme\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Changes to scheme statement","content":"12 Changes to scheme statement\n(1) A matter specified in a scheme statement may be changed only if a\nreplacement scheme statement (subsequent scheme statement)\nreflecting the change is registered.\nOn the registration of the subsequent scheme statement, the scheme statement\npreviously in force is cancelled under section 54B(2)(c) of the Land Title\nAct 2000.\n(2) Subsection (1) has effect except as prescribed by regulation,\nincluding, for example, a regulation:\n(a) allowing another way to change the scheme statement; or\n(b) prohibiting or restricting specified changes to a scheme\nThe following are possible changes to a matter specified in the scheme\nstatement:\n• a change to the unit entitlements;\n• a change to the scheme land (including, for example, further subdivisions of\nthe units, consolidation of some of the units or a change resulting from an\nacquisition by an acquisition authority of part of the scheme land).\n(3) This section does not limit the effect of Part 2.4, which sets out the\nspecial rules for particular changes that may be made to a scheme.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Requirements about scheme statement","content":"18 Requirements about scheme statement\n(1) A scheme statement must contain the following information:\n(a) a description of the scheme land by reference to each plan of\nsubdivision and plan of consolidation to which the scheme\nrelates;\n(b) a description of the nature and purposes of the scheme;\n(c) a description of the units and common property;\n\nUnit Title Schemes Act 2009 13\n(ca) if the scheme land is in a Restricted Water Extraction Area –\nthe information required by section 14C(2) of the Water\nAct 1992;\n(d) the entitlement schedules and a statement of the basis of any\ninequality between the unit entitlements of different units;\n(e) if the developer intends the scheme to be developed\nprogressively:\n(i) a statement of that intention; and\n(ii) the information prescribed by regulation about the nature\nand purposes of the development, each of its proposed\nand completed stages and the order of their\nimplementation; and\n(iii) any other information about the development prescribed\nby regulation;\n(f) if the scheme is a higher scheme or subsidiary scheme – the\ninformation prescribed by regulation;\n(g) any other information about a matter mentioned in\nparagraphs (a) to (f) or another matter prescribed by\n(2) The scheme statement may:\n(a) specify a name of the scheme (the scheme name) that ends\nwith \"Unit Title Scheme\"; and\n(b) specify a name of the body corporate (the body corporate\nname); and\n(c) identify the management module applying to the scheme\nunder section 94(4); and\n(d) specify by-laws of the scheme; and\n(e) specify any other matter prescribed by regulation.\n(3) The scheme statement:\n(a) must be in the approved form; and\n(b) if it is the first scheme statement (otherwise than as mentioned\nin paragraph (c)(iii)) – must be signed by the original owner;\nand\n\nUnit Title Schemes Act 2009 14\n(c) must be accompanied by an endorsement of the statement for\nits registration, in the approved form, by:\n(i) the consent authority in relation to the matters\nprescribed by regulation; and\n(ii) if it is a subsequent scheme statement – the body\ncorporate; and\n(iii) if it is the first scheme statement of a scheme formed by\nthe amalgamation of 2 or more basic schemes under\nsection 71 or 72 – the body corporate of each of the\nbasic schemes; and\n(d) must comply with other requirements prescribed by regulation.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Effect of scheme statement","content":"19 Effect of scheme statement\nA scheme statement:\n(a) must not operate retrospectively; and\n(b) cannot be changed except as provided by section 12.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Responsibilities relating to registration of scheme statement","content":"20 Responsibilities relating to registration of scheme statement\n(1) The following is responsible for preparing a scheme statement:\n(a) for the first scheme statement of a scheme (otherwise than as\nmentioned in paragraph (b)) – the original owner;\n(b) for the first scheme statement of a scheme formed by the\namalgamation of 2 or more basic schemes under section 71\nor 72 – the body corporate of each of the basic schemes;\n(c) for a subsequent scheme statement reflecting an agreement\nto adjust the unit entitlements under section 41 – the parties to\nthe agreement;\n(d) for a subsequent scheme statement reflecting an acquisition\nof scheme land under section 42 – the acquisition authority;\n(e) for a subsequent scheme statement implementing a stage of a\ndevelopment as mentioned in section 66 – the developer;\n(f) for a scheme statement prescribed by regulation – a person\nspecified in the regulation;\n(g) otherwise – the body corporate.\n\nUnit Title Schemes Act 2009 15\n(2) A person responsible for preparing a scheme statement under\nsubsection (1) must also:\n(a) obtain the endorsement of the scheme statement by the\nconsent authority; and\n(b) obtain the endorsement of the scheme statement by the body\ncorporate if the person is not the body corporate and the\nscheme statement is a subsequent scheme statement; and\n(c) lodge the scheme statement if it is a scheme statement\ncovered by subsection (1)(b) or (g); and\n(d) pay the costs associated with preparing, endorsing and\nregistering the scheme statement.\n(3) The original owner must, within 1 month after the first scheme\nstatement is registered, give a copy of it and evidence of its\nregistration to the body corporate.\n(4) Except as otherwise provided by this Act, a body corporate that has\nendorsed a scheme statement must lodge the scheme statement\nwithin 3 months after the endorsement.\nSection 40(5) may affect this subsection.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) or (4) if the defendant establishes a reasonable\nexcuse.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Decision of body corporate to endorse scheme statement","content":"21 Decision of body corporate to endorse scheme statement\n(1) A body corporate's decision to endorse a scheme statement must\nbe made by a resolution without dissent unless subsection (2), (3)\nor (4) applies.\n(2) The decision must be made by a special resolution if the scheme\nstatement is made only for the purpose of including or omitting a\nby-law (other than an exclusive use by-law).\n\nUnit Title Schemes Act 2009 16\n(3) The decision must be made by an ordinary resolution if the scheme\nstatement is made only for 1 or more of the following purposes:\n(a) the approval of a reinstatement process;\n(b) the implementation of a stage of the progressive development\nof the scheme as indicated in the existing scheme statement;\n(c) the implementation of a proposed plan of subdivision or\nproposed plan of consolidation, to the extent to which the plan:\n(i) relates to the subdivision of 1 or more units or\nconsolidation of 2 or more units; and\n(ii) does not change the sum of the unit entitlements of\nthose units; and\n(iii) does not affect the common property; and\n(iv) does not involve the formation of a subsidiary scheme.\n(4) The decision may be made in any way the body corporate\nconsiders appropriate if the body corporate is required to lodge the\nscheme statement under this Act.\nProvisions that require the body corporate to lodge the scheme statement include\nsections 40(5), 42(5), 59(6), 66(2), 71(4) and 98(4).\n(5) The regulations may prescribe additional requirements for the\nendorsement of a scheme statement by the body corporate.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Endorsement of consent authority","content":"22 Endorsement of consent authority\n(1) The consent authority must not endorse a scheme statement if it\nconsiders the statement is inconsistent with a development permit,\nexceptional development permit, plan of subdivision or plan of\nconsolidation.\n(2) In addition, if the proposed scheme land comprises non-contiguous\nlots, the consent authority must not endorse the statement unless:\n(a) the lots are non-contiguous only because a road or\nwatercourse crosses a part of the scheme land; or\n(b) the consent authority considers the lots are of sufficient\nproximity to each other for the scheme to be administered\nefficiently.\n\nUnit Title Schemes Act 2009 17\n(2A) If the proposed scheme land is in a Restricted Water Extraction\nArea, the consent authority must not endorse the statement unless\nit complies with the restrictions of sections 14A and 14B of the\nWater Act 1992 and the requirements of section 14C(2) of that Act.\n(3) The regulations may prescribe additional requirements for the\nendorsement.\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Provision of copies of scheme statement","content":"23 Provision of copies of scheme statement\n(1) The Registrar-General must, within 10 working days after a scheme\nstatement is registered, give a copy of it to each affected local\ngovernment authority and anyone else prescribed by regulation.\n(2) The Registrar-General may do so in a way decided by the\nRegistrar-General (including, for example, by giving the copy\nelectronically).\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Body corporate membership","content":"24 Body corporate membership\nEach unit owner of a scheme is a member of the scheme's body\nNote for section 24\nA unit owner of a higher scheme can be the body corporate of a subsidiary\nscheme. See section 38(1)(a).\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Name and address of body corporate","content":"25 Name and address of body corporate\n(1) The body corporate must be identified by:\n(a) if the body corporate name is specified in the scheme\nstatement – that name, the registration number of the body\ncorporate, or both; or\n(b) otherwise – the registration number of the body corporate.\nA name may be reserved for the body corporate of a proposed scheme under\nsection 54C of the Land Title Act 2000.\n(2) The body corporate must notify the Registrar-General of its current\naddress (the body corporate address).\n(3) The Registrar-General must record the body corporate address.\n\nUnit Title Schemes Act 2009 18\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Seal of body corporate","content":"26 Seal of body corporate\nThe body corporate must keep a seal for its official purposes in\naccordance with the management module.\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Functions of body corporate","content":"27 Functions of body corporate\n(1) The body corporate has the following functions:\n(a) managing the common property and body corporate assets for\nthe unit owners and unit occupiers;\n(b) participating in activities affecting the interest of the scheme\n(including, for example, activities promoting the wellbeing of\nthe neighbourhood of the scheme land);\n(c) performing other functions in relation to the scheme given to\nthe body corporate under this Act or another Act;\n(d) performing a function relating to paragraph (a), (b) or (c).\n(2) In performing its functions, the body corporate must act reasonably\nand in accordance with this Act and the purposes of the scheme.\n","sortOrder":24},{"sectionNumber":"28","sectionType":"section","heading":"Powers of body corporate","content":"28 Powers of body corporate\n(1) The body corporate has:\n(a) all the powers that are necessary for performing its functions;\nand\n(b) any power given to it under this Act (including, for example, a\nprovision of the management module mentioned in\nsection 94(3)) or another Act.\n(2) Without limiting subsection (1), the body corporate may, in\nperforming its functions:\n(a) acquire, hold and dispose of property; and\n(b) carry on a business; and\n(c) carry on any activity with another person; and\n(d) create an interest relating to the common property (including,\nfor example, an easement) and deal with the interest; and\n(e) employ or engage people; and\n(f) invest its money; and\n\nUnit Title Schemes Act 2009 19\n(g) take legal action; and\n(h) supply a utility service (including, for example, supplying water\nto the unit occupiers).\n(3) The body corporate must not acquire or dispose of an interest in\nreal property unless the acquisition or disposal:\n(a) complies with this Act (including, for example, the requirement\nto register a scheme statement reflecting a change of the\nscheme land) and any other law in force in the Territory; and\n(b) is approved by the body corporate by a resolution without\ndissent.\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Body corporate assets","content":"29 Body corporate assets\n(1) A body corporate asset of a scheme is property acquired and held\nby the body corporate.\nNotes for subsection (1)\n1 A body corporate asset cannot be the common property. See section 33(2).\n2 A body corporate may acquire and incorporate lots and units into the\ncommon property. See section 35.\n(2) Without limiting subsection (1), each of the following is a body\ncorporate asset:\n(a) a statutory easement that benefits the common property;\n(b) an interest in a unit of the scheme that is leased to a service\ncontractor or letting agent.\n(3) A body corporate may hold property, as tenant in common, with the\nbody corporate of another scheme.\n(4) Except as provided by subsection (3), property cannot be a body\ncorporate asset of more than 1 scheme.\n(5) A body corporate may mortgage or create a charge over a body\ncorporate asset only as provided by the management module.\n(6) The right of the body corporate over the body corporate assets of a\nhigher scheme is subject to the scheme statement of each higher\n\nUnit Title Schemes Act 2009 20\n","sortOrder":26},{"sectionNumber":"30","sectionType":"section","heading":"Delegation of functions and powers of body corporate","content":"30 Delegation of functions and powers of body corporate\n(1) The body corporate may, by writing, delegate any of its functions\nand powers to any of the following:\n(a) the body corporate manager;\n(b) the committee, a specified committee member or a specified\nunit owner.\n(2) The management module may provide for the delegation (including,\nfor example, the approval and revocation of the delegation).\n","sortOrder":27},{"sectionNumber":"31","sectionType":"section","heading":"Corporations Act not apply to body corporate","content":"31 Corporations Act not apply to body corporate\nThe body corporate is declared to be an excluded matter for\nsection 5F of the Corporations Act 2001 in relation to the whole of\nthe Corporations legislation to which Part 1.1A of that Act applies.\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Scheme land generally","content":"32 Scheme land generally\n(1) The scheme land of a scheme:\n(a) comprises the units and common property of the scheme; and\n(b) includes any scheme building.\n(2) A scheme building:\n(a) is any fixed structure on the scheme land (including, for\nexample, a swimming pool) or a thing prescribed by\nregulation; but\n(b) does not include any of the following:\n(i) coverings for a ceiling, floor or wall;\n(ii) any fixtures installed by a lessee of a unit that are\nremovable at the end of the lease;\n(iii) a thing prescribed by regulation.\n\nUnit Title Schemes Act 2009 21\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Common property","content":"33 Common property\n(1) The common property of a scheme is the part of the scheme land\nspecified as the common property in the scheme statement.\n(2) A unit or part of a unit, or a body corporate asset, cannot be\ncommon property.\n(3) A lot cannot be common property of more than 1 scheme.\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Rights and responsibilities relating to common property","content":"34 Rights and responsibilities relating to common property\n(1) The body corporate holds the common property, and may sue and\nbe sued in relation to the common property, as its registered owner.\n(2) A unit owner or unit occupier:\n(a) has rights and responsibilities in relation to the common\nproperty as provided by this Act; and\n(b) without limiting paragraph (a) and subject to this Act – is\nentitled to the lawful enjoyment of the common property.\n(3) The body corporate, a unit owner or a unit occupier, of a scheme or\nof a subsidiary scheme, may exercise the rights of a member of a\nhigher scheme in relation to the common property of the higher\nExample for subsection (3)\nA unit owner of a subsidiary scheme may use a BBQ area that is the common\nproperty of a higher scheme.\n(4) Subsection (3) has effect subject to the scheme statements of the\nschemes.\n","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Creating new common property","content":"35 Creating new common property\n(1) The body corporate may acquire and incorporate into the common\nproperty any of the following:\n(a) an estate in fee simple in a lot outside the scheme land;\n(b) a unit of the scheme;\n(c) a lot that:\n(i) is created by the subdivision of a unit, or consolidation of\nunits, of the scheme or a subsidiary scheme; and\n\nUnit Title Schemes Act 2009 22\n(ii) does not become all or part of a unit or units of a\n(2) Subsection (1) has effect subject to section 28(3) (about the\nrequirements that must be met in relation to the acquisition).\n","sortOrder":32},{"sectionNumber":"36","sectionType":"section","heading":"Pre-existing rights","content":"36 Pre-existing rights\nThe body corporate may exercise the rights of the original owner\nunder a contract entered into before the scheme was formed for\nwork carried out, or to be carried out, in relation to the common\nproperty.\n37 Unit\n(1) A unit of a scheme is a lot:\n(a) created on the registration of a plan of subdivision or plan of\nconsolidation; and\n(b) specified as a unit in the scheme statement by reference to a\ncubic space, a parcel of land unlimited in its vertical\ndimensions, or both.\nExample for subsection (1)(b)\nA unit comprising an apartment and courtyard.\n(2) Except as otherwise specified in the scheme statement, a fixed\nstructure (including, for example, a ceiling, floor or wall) separating\na unit from another lot is not part of the unit.\n(3) A unit may be specified in the scheme statement as a unit for\nimmediate occupation or further development.\n(4) A unit may form the whole of the scheme land of a subsidiary\nFor the formation of a subsidiary scheme, see section 63(1).\n(5) A reference to a unit of a scheme that has a subsidiary scheme\ndoes not include a reference to a unit of the subsidiary scheme.\nNote for subsection (5)\nIn general, a scheme operates independently of its subsidiary schemes and\nhigher schemes. See section 68(3).\n\nUnit Title Schemes Act 2009 23\n","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Unit owner and unit occupier","content":"38 Unit owner and unit occupier\n(1) The unit owner of a unit is:\n(a) for a unit that is the whole of the scheme land of a subsidiary\nscheme as mentioned in section 37(4) – the body corporate of\nthe subsidiary scheme; or\n(b) otherwise – the registered owner of the unit.\n(2) The unit occupier of a unit is a person (whether the unit owner or a\nlessee) who occupies the unit as a resident or for business\npurposes.\n","sortOrder":34},{"sectionNumber":"39","sectionType":"section","heading":"Unit entitlements","content":"39 Unit entitlements\n(1) The entitlement schedules of a scheme are the following:\n(a) a schedule (the contribution schedule) setting out the\ncontribution entitlement of each unit;\n(b) a schedule (the interest schedule) setting out the interest\nentitlement of each unit.\n(2) An entitlement (a unit entitlement) mentioned in subsection (1)(a)\nor (b) must be a whole number other than 0.\n(3) The contribution entitlement of a unit divided by the total\ncontribution entitlements of all the units is the ratio representing the\nunit owner's share of annual contributions to the body corporate.\n(4) The interest entitlement of a unit divided by the total interest\nentitlements of all the units is the ratio representing the unit owner's\nshare of interest in the scheme land and body corporate assets.\n(5) To the extent to which it is just and equitable to do so:\n(a) the contribution entitlement of each unit must be equal; and\n(b) the interest entitlement of each unit must reflect the\ndifferences in market value between the units when the\nscheme statement creating the unit, or the scheme statement\nlast adjusting the entitlement, is lodged.\n(6) Except as otherwise provided by the regulations, the following must\nbe taken into account for subsection (5):\n(a) the characteristics of the scheme and units;\n(b) whether the scheme is a layered scheme, higher scheme or\nsubsidiary scheme;\n\nUnit Title Schemes Act 2009 24\n(c) the market value of the units as determined by a valuer as\ndefined in section 4(1) of the Valuation of Land Act 1963.\n(7) A unit entitlement may be used for any purpose of this Act, other\nthan the following purposes:\n(a) working out a liability for supplying a utility service to the unit if\nits consumption by the unit occupier can be separately\nmeasured (including, for example, by a meter);\n(b) a purpose specified in the scheme statement.\nExample for subsection (7)\nThe contributions entitlements are relevant for a resolution of the body corporate\nfor section 79(7)(a) or (8)(b).\n","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Adjustment of unit entitlements by Tribunal","content":"40 Adjustment of unit entitlements by Tribunal\n(1) A unit owner may apply to the Tribunal for the adjustment of the unit\nentitlements (including the unit entitlements of other units).\n(2) Despite any other provision of a law of the Territory:\n(a) the respondents for the proceedings of the application are the\nbody corporate and each unit owner who has given written\nnotice to the body corporate to join as a respondent; and\n(b) each party to the proceedings is responsible for the party's\nown costs.\n(3) The Tribunal must:\n(a) approve the application by making an order adjusting the unit\nentitlements as the Tribunal considers appropriate; or\n(b) refuse the application.\n(4) In deciding the application, the Tribunal must:\n(a) have regard to section 39(5) and (6); but\n(b) disregard:\n(i) the applicant's state of knowledge about the unit when\nacquiring the unit; and\n(ii) the current market value of the unit.\n\nUnit Title Schemes Act 2009 25\n(5) The body corporate must lodge a subsequent scheme statement\nreflecting an order under subsection (3) within the time specified in\nthe order.\n","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"Adjusting unit entitlements under agreement","content":"41 Adjusting unit entitlements under agreement\n(1) Two or more unit owners may agree in writing to adjust the unit\nentitlements of those units if:\n(a) the sum of the unit entitlements of the units will not change\nunder the agreement; and\n(b) each mortgagee of the units has consented to the agreement.\n(2) The unit owners must:\n(a) notify the body corporate of the agreement; and\n(b) prepare a subsequent scheme statement reflecting the\nagreement; and\n(c) request the body corporate to endorse the statement.\n(3) The body corporate must, within 3 months after receiving the\nrequest, decide whether to accept the request, having regard to:\n(a) section 39(5) and (6); and\n(b) any advice received by the body corporate in relation to the\nunit entitlements.\nThe body corporate must lodge the scheme statement within 3 months after\nendorsing the statement if it accepts the request. See section 20(4).\n","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"Adjusting unit entitlements because of land acquisition","content":"42 Adjusting unit entitlements because of land acquisition\n(1) An acquisition authority proposing to acquire any scheme land\nmust, before the acquisition takes effect, notify the body corporate\nof the proposed acquisition.\n(2) Within 3 months after receiving the notification, the body corporate\nmust decide whether any changes should be made to the unit\nentitlements, having regard to:\n(a) section 39(5) and (6); and\n\nUnit Title Schemes Act 2009 26\n(b) any advice received by the body corporate in relation to the\nunit entitlements.\n(3) The body corporate must, within 1 month after making the decision\nunder subsection (2), notify the acquisition authority of the decision.\n(4) The acquisition authority must:\n(a) prepare a scheme statement reflecting the acquisition and the\ndecision of the body corporate; and\n(b) request the body corporate to lodge the statement.\n(5) The body corporate must lodge the statement within 3 months after\nthe request is made.\n(6) The body corporate must comply with subsections (2), (3) and (5).\n","sortOrder":38},{"sectionNumber":"43","sectionType":"section","heading":"Contract for sale of units","content":"43 Contract for sale of units\n(1) This Subdivision applies to a contract for the sale by a person (the\nseller) to another person (the buyer) of a unit that will come into\nexistence when a scheme is formed or changed.\n(2) This Subdivision has effect despite anything to the contrary in the\ncontract.\n","sortOrder":39},{"sectionNumber":"44","sectionType":"section","heading":"Completion of contract","content":"44 Completion of contract\n(1) A party must not compel another party to complete the contract\nbefore the end of 10 working days after the seller notifies the buyer\nby writing that the unit has come into existence.\n(2) In this section:\nparty means the seller or buyer.\n","sortOrder":40},{"sectionNumber":"45","sectionType":"section","heading":"Obligations of seller","content":"45 Obligations of seller\n(1) The seller must, before the buyer enters into the contract, give the\nbuyer a scheme disclosure statement (a disclosure statement) in\nforce under subsection (3) for the unit.\n\nUnit Title Schemes Act 2009 27\n(2) The seller must ensure a disclosure statement for the unit contains\nthe following information:\n(a) an estimate of the amount of annual contributions reasonably\nexpected to be payable to the body corporate for the unit;\n(b) the information prescribed by regulation about the\nengagement or proposed engagement of a body corporate\nmanager or service contractor;\n(c) the information prescribed by regulation about the\nauthorisation or proposed authorisation of a letting agent;\n(d) the information prescribed by regulation about any existing or\nproposed body corporate assets;\n(e) the existing and proposed scheme statements, management\nmodules and by-laws of the scheme and higher schemes\n(whether existing or proposed to be formed or changed);\n(f) anything required to be included in the disclosure statement\nby the management modules;\n(g) the information prescribed by regulation about any proposed\nplan of subdivision or proposed plan of consolidation relating\nto the unit;\n(h) the method of adjudicating disputes arising from the disclosure\nstatement as prescribed by regulation;\n(i) any other matter prescribed by regulation.\n(3) The disclosure statement is in force if:\n(a) it is signed by or for the seller; and\n(b) it is registered together with any document prescribed by\n(4) The seller must comply with subsections (1) and (2).\n\nUnit Title Schemes Act 2009 28\n","sortOrder":41},{"sectionNumber":"46","sectionType":"section","heading":"Replacement scheme disclosure statement","content":"46 Replacement scheme disclosure statement\n(1) This section applies if, before the contract is completed, the seller\nbecomes aware the disclosure statement in force for the unit\ncontains:\n(a) inaccurate or incomplete information; or\n(b) information that is out of date.\n(2) Within 20 working days after the seller becomes so aware, or a\nlonger period agreed between the buyer and seller, the seller must\ngive the buyer a replacement scheme disclosure statement in force\nunder section 45(3) (a replacement statement) that corrects the\ninformation.\nIf the proposed scheme statement included in the disclosure statement has been\nrevised, the seller must give the buyer a replacement statement that includes the\nrevised proposed scheme statement.\n(3) The seller must not compel the buyer to complete the contract\nbefore the end of 10 working days after giving the replacement\n(4) The seller must comply with subsections (2) and (3).\n","sortOrder":42},{"sectionNumber":"47","sectionType":"section","heading":"Implied warranty","content":"47 Implied warranty\n(1) The seller is taken to have warranted:\n(a) when entering into the contract – the information in the\ndisclosure statement is accurate; and\n(b) when completing the contract:\n(i) the contract discloses all latent and patent defects of the\ncommon property and body corporate assets, other than\ndefects arising through ordinary usage; and\n(ii) the contract discloses all actual, contingent and\nexpected liabilities of the body corporate, other than\nliabilities relating to the normal operation of the scheme;\nand\n\nUnit Title Schemes Act 2009 29\n(iii) there are no circumstances relating to the scheme that\nmight substantially prejudice the buyer, other than\ncircumstances disclosed in the contract.\n(2) The warranty has effect as part of the contract to the extent to\nwhich the seller knows, or ought reasonably to have known, of the\nmatter to which the warranty relates.\n","sortOrder":43},{"sectionNumber":"48","sectionType":"section","heading":"Cancellation of contract","content":"48 Cancellation of contract\n(1) The buyer may cancel the contract if:\n(a) the contract has not been completed; and\n(b) the buyer is substantially prejudiced in any of the following\ncircumstances:\n(i) the seller contravenes section 45(1) or (2)(d), (e) or (g);\n(ii) a disclosure statement for the unit contains inaccurate or\nincomplete information, or information that is out of date\n(whether or not the disclosure statement is currently in\nforce under section 45(3));\n(iii) there is a breach of the warranty in section 47.\n(2) The buyer must cancel the contract by written notice given to the\nseller before the date of the completion of the contract and within\n10 working days:\n(a) after the buyer becomes aware of the circumstances\nmentioned in subsection (1)(b); or\n(b) if the cancellation relates to a replacement statement\nmentioned in section 46(2) – after the buyer is given the\nreplacement statement.\n(3) If the contract is cancelled under this section, the seller must repay\nany amount the buyer paid to the seller for the sale.\n","sortOrder":44},{"sectionNumber":"49","sectionType":"section","heading":"Restriction of power of attorney","content":"49 Restriction of power of attorney\nA power of attorney enabling the seller to act for the buyer:\n(a) must be exercised in accordance with any written conditions\nspecified by the buyer when giving the power; and\n(b) ceases to have effect 1 year after the unit comes into\nexistence unless it expires at an earlier time.\n\nUnit Title Schemes Act 2009 30\n","sortOrder":45},{"sectionNumber":"50","sectionType":"section","heading":"Easements generally","content":"50 Easements generally\n(1) The exercise of a right under an easement over any scheme land\n(other than a statutory easement or an easement created by\nanother law of the Territory) must not unreasonably interfere with\nthe lawful enjoyment of the scheme land.\n(2) In addition, the scheme statement prevails to the extent to which\nthe rights and obligations arising from the easement are\ninconsistent with the statement.\n(3) The owner of a lot intending to enter another lot under an easement\nmust give reasonable notice to the following before doing so:\n(a) the owner of the other lot;\n(b) if the other lot is a unit – the unit occupier of the unit.\n(4) Subsection (3) does not apply in an emergency.\n","sortOrder":46},{"sectionNumber":"51","sectionType":"section","heading":"Statutory easements","content":"51 Statutory easements\n(1) An easement (statutory easement) exists for a lot (the benefited\nlot) against another lot for the following purposes:\n(a) an easement for establishing, maintaining and replacing a\nutility infrastructure located in the other lot;\n(b) an easement for maintaining or replacing the lateral or\nsubjacent support provided by the other lot to the benefited lot;\n(c) an easement for maintaining and replacing a shelter provided\nby a scheme building in the other lot to a scheme building in\nthe benefited lot;\n(d) an easement for maintaining and replacing a part of a scheme\nbuilding in the benefited lot (including, for example, eaves and\nguttering) that projects into the other lot;\n(e) an easement for maintaining and replacing a part of a scheme\nbuilding in the benefited lot that is at, or adjacent to, the\nboundary between the lots;\n(f) an easement for the purposes prescribed by regulation.\n(2) The owner of the benefited lot is entitled to enter the other lot for\nthe purposes relating to the statutory easement as mentioned in\nsubsection (1).\n\nUnit Title Schemes Act 2009 31\n(3) A statutory easement continues until the scheme is terminated.\n(4) A statutory easement has effect subject to an easement registered\nunder the Land Title Act 2000.\n","sortOrder":47},{"sectionNumber":"52","sectionType":"section","heading":"Body corporate policy","content":"52 Body corporate policy\n(1) The body corporate of a scheme:\n(a) has an insurable interest in the scheme land; and\n(b) must ensure there is an insurance policy (body corporate\npolicy) for the common property that complies with\nsections 53 to 55 (whether comprising 1 or more contracts of\ninsurance).\n(2) The body corporate must comply with subsection (1)(b).\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n","sortOrder":48},{"sectionNumber":"53","sectionType":"section","heading":"Body corporate policy must provide for reinstatement","content":"53 Body corporate policy must provide for reinstatement\n(1) The body corporate policy must insure against all reasonable costs\nfor the reinstatement of any damaged common property (including\nany damaged scheme building that is common property).\n(2) The reinstatement of the damaged common property is work that is\nreasonably required for restoring it to substantially the same\ncondition as existed immediately before it was damaged.\nExamples for subsection (2)\n1 Work required for clearing debris.\n2 Work undertaken by an architect and building contractors for rebuilding\nscheme buildings.\n54 Body corporate policy must provide for public liability\nThe body corporate policy must insure against the liability of the\nbody corporate for a claim:\n(a) relating to an individual's illness, injury or death, or the loss of\nor damage to property, suffered on the common property; and\n\nUnit Title Schemes Act 2009 32\n(b) of an amount not less than $10 000 000, or another amount\nprescribed by regulation.\n","sortOrder":49},{"sectionNumber":"55","sectionType":"section","heading":"Other requirements for body corporate policy","content":"55 Other requirements for body corporate policy\n(1) The body corporate policy must:\n(a) provide for the insurer giving a notice of cancellation\nmentioned in section 59 of the Insurance Contracts\nAct 1984 (Cth) to the mortgagee of each unit; and\n(b) prohibit a cancellation of the policy on the sole basis of a\nbreach of its conditions by someone other than the body\n(2) The body corporate policy may provide for a right of indemnity of\nthe insurer against a unit owner who breaches a condition of the\npolicy.\n(3) The body corporate policy has effect as if the interests of the\nmortgagee of each unit had been recorded on the policy.\n","sortOrder":50},{"sectionNumber":"56","sectionType":"section","heading":"Additional insurance","content":"56 Additional insurance\nThe body corporate may, by an ordinary resolution, decide to\nmaintain an additional insurance policy against liabilities:\n(a) relating to the exercise of its powers or performance of its\nfunctions; or\n(b) not otherwise covered by section 53 or 54.\n","sortOrder":51},{"sectionNumber":"57","sectionType":"section","heading":"Insurance for mortgaged unit","content":"57 Insurance for mortgaged unit\nThe mortgagee of a unit must not require the unit owner to maintain\nan insurance policy (the owner policy) for an interest already\ncovered by a body corporate policy unless:\n(a) the amount insured under the body corporate policy for the\ninterest is less than the amount owing under the mortgage;\nand\n(b) the owner policy covers the difference between the amounts.\n\nUnit Title Schemes Act 2009 33\n","sortOrder":52},{"sectionNumber":"58","sectionType":"section","heading":"Approved reinstatement process","content":"58 Approved reinstatement process\n(1) Damaged scheme land may be reinstated only under a\nreinstatement process approved under section 59 or 60 (an\napproved reinstatement process).\n(2) A reinstatement process is a statement outlining:\n(a) the steps that must be taken for the reinstatement of damaged\nscheme land; and\n(b) any related matters.\nNote for section 58\nFor the registration of a subsequent scheme statement that reflects an approved\nreinstatement process, see section 54D of the Land Title Act 2000.\n","sortOrder":53},{"sectionNumber":"59","sectionType":"section","heading":"Reinstatement with Tribunal approval","content":"59 Reinstatement with Tribunal approval\n(1) Any of the following may apply to the Tribunal for the approval of a\nreinstatement process for damaged scheme land:\n(a) the body corporate of a scheme, or of a subsidiary scheme,\nwhose scheme land is or includes the damaged scheme land;\n(b) a unit owner or mortgagee of any of the schemes mentioned\nin paragraph (a).\n(2) The application must specify the reinstatement process in the\napproved form.\n(3) The following are the respondents for the application:\n(a) each insurer of the scheme land;\n(b) the body corporate of each of the schemes.\n(4) The Tribunal must:\n(a) approve the application by:\n(i) approving the specified reinstatement process; or\n(ii) approving the specified reinstatement process with\nchanges made by the Tribunal; or\n(b) refuse the application.\n\nUnit Title Schemes Act 2009 34\n(5) In approving the reinstatement process, the Tribunal may make any\norder reasonably required for its effective implementation, including,\nfor example, an order for:\n(a) the application of an amount paid under a body corporate\npolicy; or\n(b) the payment of an amount to a body corporate, unit owner or\nmortgagee; or\n(c) the lodging of a subsequent scheme statement to reflect the\nreinstatement.\n(6) If the Tribunal orders the lodging of a subsequent scheme\nstatement, the body corporate must comply with the order.\n","sortOrder":54},{"sectionNumber":"60","sectionType":"section","heading":"Reinstatement with body corporate approval","content":"60 Reinstatement with body corporate approval\n(1) The bodies corporate of the schemes mentioned in section 59(1)(a)\nmay, each by a resolution without dissent, approve a reinstatement\nprocess for damaged scheme land.\n(2) The reinstatement process has effect only:\n(a) if all the bodies corporate approve the process under\nsubsection (1); and\n(b) to the extent to which:\n(i) the scheme land is insured by a body corporate policy;\nand\n(ii) the insurer approves the process.\n(3) In approving the reinstatement process, the bodies corporate may\ndo anything reasonably required for its effective implementation,\nincluding, for example:\n(a) the application of an amount paid under a body corporate\npolicy; or\n(b) the payment of an amount to a body corporate, unit owner or\nmortgagee; or\n(c) the lodging of a subsequent scheme statement to reflect the\nreinstatement.\n\nUnit Title Schemes Act 2009 35\n","sortOrder":55},{"sectionNumber":"61","sectionType":"section","heading":"Variation of process","content":"61 Variation of process\n(1) The Tribunal may vary an approved reinstatement process\n(whether or not it was approved by the Local Court or Tribunal) on\napplication by anyone who could apply under section 59(1) for the\napproval of a reinstatement process.\n(2) Section 59 applies to the variation under subsection (1) in the same\nway as it would apply to the approval of the process.\n(3) Alternatively, the bodies corporate of the schemes mentioned in\nsection 59(1)(a) may, each by a resolution without dissent, vary the\nprocess.\n(4) Section 60 applies to the variation under subsection (3) in the same\nway as it would apply to the approval of the process.\n","sortOrder":56},{"sectionNumber":"62","sectionType":"section","heading":"Overview of Part","content":"62 Overview of Part\n(1) This Part provides for the following:\n(a) the progressive development of a scheme;\n(b) the formation of a layered scheme;\n(c) the amalgamation of basic schemes.\n(2) The progressive development of a scheme:\n(a) will result in a change in the scheme land (including, for\nexample, a reduction of the scheme land or a further\nsubdivision of any of the units); and\n(b) may result in the formation of 1 or more subsidiary schemes or\nlayered schemes.\n(3) The amalgamation of 2 or more basic schemes will result in 1 of the\nfollowing:\n(a) the formation of a layered scheme;\n(b) the formation of a new scheme to replace the basic schemes.\n\nUnit Title Schemes Act 2009 36\n","sortOrder":57},{"sectionNumber":"63","sectionType":"section","heading":"Subsidiary scheme, higher scheme and basic scheme","content":"63 Subsidiary scheme, higher scheme and basic scheme\n(1) A scheme (first scheme) is a subsidiary scheme of another\nscheme (second scheme) if the scheme land of the first scheme\n(first scheme land) is part of the scheme land of the second\nscheme because:\n(a) the first scheme land is a unit of the second scheme; or\n(b) the first scheme land is a unit of another scheme whose\nscheme land is part of the scheme land of the second\nSubsection (1)(b) applies if there are 2 or more interposed schemes forming a\nchain between the first scheme and second scheme. The scheme land of each\ninterposed scheme (except the last one in the chain) is a unit of the next\ninterposed scheme. The scheme land of the last interposed scheme is a unit of\nthe second scheme.\n(2) If the first scheme is a subsidiary scheme of another scheme, the\nother scheme is a higher scheme of the first scheme.\n(3) A scheme that is not a higher scheme of any scheme is a basic\nNotes for section 63\n1 Diagram 63.1 shows how a basic scheme might be structured.\n2 Except as otherwise provided by this Act, a scheme must operate\nindependently of any of its subsidiary schemes or higher schemes. See\nsection 68(3).\nDiagram 63.1 – Basic scheme\nOriginal lot is subdivided by a plan of subdivision\nUnit 1 Unit 2 Unit 3 Unit 4 Common property\n\nUnit Title Schemes Act 2009 37\n","sortOrder":58},{"sectionNumber":"64","sectionType":"section","heading":"Scheme intended to be developed progressively","content":"64 Scheme intended to be developed progressively\n(1) A scheme is intended to be developed progressively if:\n(a) the developer intends that all or part of the scheme land is to\nbe further developed (including, for example, by a further\nsubdivision or consolidation of all or part of the land); and\n(b) the implementation of a stage of the development (whether or\nnot the stage is specified in the scheme statement) will require\nthe issuing of a development permit or exceptional\ndevelopment permit under the Planning Act 1999; and\n(c) at least 1 stage of the development is yet to be completed.\nThe scheme statement must specify certain information about the development.\nSee section 18(1)(e).\n(2) Without limiting subsection (1), a scheme is intended to be\ndeveloped progressively in each of the following circumstances:\n(a) part of the scheme land is intended to be further subdivided to\ncreate more units (whether or not forming the scheme land of\nanother scheme);\n(b) part of the scheme land is intended to be excised from the\nscheme land (whether or not forming the scheme land of\nanother scheme);\n(c) additional lots are intended to be incorporated into the scheme\nland.\n(3) Subsection (1) does not prevent a scheme not intended to be\ndeveloped progressively from becoming a scheme that is so\nintended.\nExample for section 64\nDiagrams 64.1 and 64.2 show how a scheme develops progressively by\nsubdividing a unit (unit 1) to create units 4 and 5.\n\nUnit Title Schemes Act 2009 38\nDiagram 64.1 – Before implementing a stage of development\nDiagram 64.2 – After implementing a stage of development\n","sortOrder":59},{"sectionNumber":"65","sectionType":"section","heading":"Implementation of stage of development otherwise than as","content":"65 Implementation of stage of development otherwise than as\nindicated in scheme statement\n(1) This section applies if:\n(a) a scheme is intended to be developed progressively; and\n(b) the developer proposes to implement a stage of the\ndevelopment otherwise than as indicated in the scheme\n(2) Without limiting subsection (1)(b), the implementation of a stage of\nthe development is otherwise than as indicated in the scheme\nstatement if:\n(a) the stage is not specified in the statement; or\n(b) the stage will not be implemented in the order specified in the\nstatement; or\n(c) the implementation will affect or change the nature or\npurposes of the development otherwise than as specified in\nthe statement; or\nScheme intended to be developed\nprogressively\nUnit 1 Unit 2 Unit 3 Common\nproperty\nScheme intended to be developed\nprogressively\nUnit 4 Unit 5 Unit 2 Unit 3 Common\nproperty\n\nUnit Title Schemes Act 2009 39\n(d) the implementation will involve a further subdivision or\nconsolidation of land not specified in the statement.\n(3) The developer must give written notice of the implementation of the\nstage to the following at least 1 month before applying for the\ndevelopment permit or exceptional development permit for the\nimplementation:\n(a) the body corporate;\n(b) anyone who has entered into a contract with the developer to\nbuy a unit that will come into existence as a result of the\nimplementation of the stage, or a later stage, of the\ndevelopment.\n","sortOrder":60},{"sectionNumber":"66","sectionType":"section","heading":"Subsequent scheme statement for implementation","content":"66 Subsequent scheme statement for implementation\n(1) This section applies if:\n(a) a scheme is intended to be developed progressively; and\n(b) the developer proposes to implement a stage of the\ndevelopment; and\n(c) the developer requests the body corporate to lodge a\nsubsequent scheme statement reflecting the implementation.\n(2) The body corporate must lodge the subsequent scheme statement:\n(a) if the developer proposes to implement the stage as indicated\nin the existing scheme statement – within 1 month after the\nbody corporate receives the request; or\n(b) if the developer proposes to implement the stage otherwise\nthan as indicated in the existing scheme statement as\nmentioned in section 65(2) – within 1 month after the following\nconditions are satisfied:\n(i) the developer has given the body corporate a notice of\nthe implementation in accordance with section 65(3);\n(ii) the subsequent scheme statement is consistent with a\ndevelopment permit or exceptional development permit\nthat has been issued for the implementation;\n\nUnit Title Schemes Act 2009 40\n(iii) the consent authority has endorsed the subsequent\nscheme statement.\n","sortOrder":61},{"sectionNumber":"67","sectionType":"section","heading":"Requirements relating to scheme","content":"67 Requirements relating to scheme\n(1) The regulations may prescribe requirements in relation to a scheme\nintended to be developed progressively.\n(2) Without limiting subsection (1), the regulations may prescribe:\n(a) the provision and maintenance of security by the developer or\nanother person:\n(i) as approved by the schemes supervisor under the\nregulations; or\n(ii) as otherwise provided by the regulations; and\n(b) the conditions under which a person may be taken to be the\ndeveloper of the scheme under the regulations, including, for\nexample:\n(i) the qualifications of the person; and\n(ii) the approval of the transfer of the developer’s rights to\nthe person.\n","sortOrder":62},{"sectionNumber":"68","sectionType":"section","heading":"Layered schemes","content":"68 Layered schemes\n(1) A scheme is a layered scheme if:\n(a) it is not a subsidiary scheme of another scheme; and\n(b) it is a higher scheme of 1 or more other schemes.\nThe scheme land of the layered scheme therefore consists of the following:\n(a) the scheme land of all its subsidiary schemes;\n(b) the common property of the layered scheme;\n(c) any other unit of the layered scheme.\n(2) The following are the member schemes of the layered scheme:\n(a) the layered scheme;\n\nUnit Title Schemes Act 2009 41\n(b) each subsidiary scheme of the layered scheme.\n(3) Except as otherwise provided by this Act, a member scheme must\noperate independently of another member scheme.\nNotes for subsection (3)\n1 A decision of the body corporate of a subsidiary scheme is not normally\nrequired to be endorsed by the body corporate of a higher scheme unless it is\nspecifically required under this Act.\n2 Provisions of this Act that might affect the general rule in this subsection\ninclude sections 11(3), 13(2), 29(6) and 52(1)(a).\n3 The member schemes are not required to have the same management\nmodule and by-laws. See sections 94(6) and 95(4).\n69 How layered schemes are formed\nA layered scheme may be formed only in 1 of the following ways:\n(a) the progressive development of a basic scheme into a layered\nscheme;\n(b) the amalgamation of 2 or more basic schemes to form a\nlayered scheme under section 71;\n(c) the formation of a subsidiary scheme from the subdivision of a\nunit of a basic scheme otherwise than as part of the\nprogressive development of the basic scheme;\n(d) the formation of a subsidiary scheme from additional lots\nacquired for a basic scheme;\n(e) as otherwise provided by the regulations.\nExample for section 69\nDiagram 69.1 shows how a layered scheme is formed as a result of the\nprogressive development of a basic scheme (Scheme A). Unit 2 of Scheme A is\nsubdivided to form a subsidiary scheme (Scheme B). Scheme A then becomes a\nlayered scheme.\n\nUnit Title Schemes Act 2009 42\nDiagram 69.1 – Layered scheme formed from a basic scheme\n","sortOrder":63},{"sectionNumber":"70","sectionType":"section","heading":"General rule","content":"70 General rule\nExcept as provided by sections 71 and 72, schemes cannot be\namalgamated to form another scheme.\n","sortOrder":64},{"sectionNumber":"71","sectionType":"section","heading":"Amalgamating schemes to form layered scheme","content":"71 Amalgamating schemes to form layered scheme\n(1) Two or more basic schemes that are not subsidiary schemes may\nbe amalgamated to form a layered scheme if:\n(a) the Tribunal orders the formation of the layered scheme on\napplication by a unit owner or the body corporate of at least 1\nof the basic schemes; or\n(b) the body corporate of each of the basic schemes, by a\nunanimous resolution, agrees to form the layered scheme.\n(2) The order or resolution must provide for the following:\n(a) the first scheme statement of the layered scheme;\n(b) a subsequent scheme statement of each of the basic schemes\nreflecting the order or resolution;\n(c) the rights and liabilities accrued in relation to the basic\nschemes;\n(d) other matters prescribed by regulation.\n(3) The Tribunal may make an order under subsection (1)(a) only if the\nTribunal considers it is just and equitable to do so.\nUnit 1 of\nUnit 2 of Scheme A\n(Scheme B) Unit 3 of\nCommon property\nof Scheme A\nUnit 1 of\nUnit 2 of\nUnit 3 of\nCommon property\nof Scheme B\n\nUnit Title Schemes Act 2009 43\n(4) The body corporate of each of the basic schemes must lodge the\nsubsequent scheme statement mentioned in subsection (2)(b)\nbefore the layered scheme is formed.\nThe bodies corporate of the basic schemes must prepare and lodge the first\nscheme statement of the layered scheme. See section 20(1)(b) and (2)(c).\n(5) Except as otherwise provided by this Act, the amalgamation does\nnot affect any accrued liability for a tax or charge relating to the\nscheme land of any of the basic schemes.\n(6) A thing done for any of the basic schemes has effect after the\nformation of the layered scheme to the extent to which it is\nconsistent with the scheme statement of each of the basic schemes\nand of the layered scheme.\n(7) This section does not prevent any changes being made to any of\nthe basic schemes under this Act in conjunction with the\namalgamation (including, for example, a consolidation of any of the\nunits).\nExample for section 71\nDiagram 71.1 shows the structure of 2 basic schemes (Schemes A and B).\nDiagram 71.2 shows the structure of a layered scheme (Scheme C) formed as a\nresult of the amalgamation of Schemes A and B. Parts of the common property of\nSchemes A and B (including a swimming pool and tennis court) become the\ncommon property of Scheme C.\n\nUnit Title Schemes Act 2009 44\nDiagram 71.1 – Before amalgamation\nCommon property of Scheme B\nincluding a tennis court and other\ncommon property\nUnit 1\nUnit 2\nUnit 3\nUnit 4\nCommon property of Scheme A\nincluding a swimming pool and\nother common property\nUnit 1\nUnit 2\nUnit 3\nUnit 4\n\nUnit Title Schemes Act 2009 45\nDiagram 71.2 – After amalgamation\n","sortOrder":65},{"sectionNumber":"72","sectionType":"section","heading":"Amalgamating schemes to form new scheme","content":"72 Amalgamating schemes to form new scheme\n(1) Two or more basic schemes that are not subsidiary schemes may\nbe amalgamated to form a single new scheme to replace the basic\nschemes if:\n(a) the Tribunal orders the formation of the scheme on application\nby the body corporate or a unit owner of at least 1 of the basic\nschemes; or\n(b) the body corporate of each of the basic schemes, by a\nunanimous resolution, agrees to form the new scheme.\nIn contrast to an amalgamation under section 71, an amalgamation under this\nsection will result in the termination of the basic schemes.\nScheme C\nUnit 1 of Scheme C\nUnit 2 of Scheme C\nCommon Property of\nCommon Property of\nCommon Property of Scheme C\nincluding a swimming pool, tennis court\nand other common property\nUnit 1 Unit 1\nUnit 2 Unit 2\nUnit 3 Unit 3\nUnit 4 Unit 4\n\nUnit Title Schemes Act 2009 46\n(2) The order or resolution must provide for the following:\n(a) the first scheme statement of the new scheme;\n(b) the termination of the basic schemes;\n(c) the rights and liabilities accrued in relation to the basic\nschemes;\n(d) other matters prescribed by regulation.\nThe bodies corporate of the basic schemes must prepare and lodge the first\nscheme statement of the new scheme. See section 20(1)(b) and (2)(c).\n(3) The Tribunal may make an order under subsection (1)(a) only if the\nTribunal considers it is just and equitable to do so.\n(4) On the registration of the first scheme statement and the\ndocuments required under section 54E of the Land Title Act 2000:\n(a) the basic schemes are terminated and the new scheme is\nformed; and\n(b) the scheme land of the basic schemes become the units and\ncommon property of the new scheme as set out in the first\nscheme statement; and\n(c) except as otherwise provided by this Act:\n(i) any accrued liability for a tax or charge in relation to the\nscheme land or body corporate of any of the basic\nschemes are vested in the new scheme; and\n(ii) anything done for any of the basic schemes has effect\nas if it had been done for the new scheme.\n(5) The regulations may provide for a matter arising from this section.\n\nUnit Title Schemes Act 2009 47\n","sortOrder":66},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Introduction","content":"Part 3.1 Introduction\n","sortOrder":67},{"sectionNumber":"73","sectionType":"section","heading":"Overview of Chapter","content":"73 Overview of Chapter\nThis Chapter provides for matters relating to the administration of a\nscheme, including:\n(a) the administration of the body corporate; and\n(b) the resolution of disputes arising from the operation of the\nscheme; and\n(c) the rules governing body corporate managers, service\ncontractors, caretaking service contractors and letting agents;\nand\n(d) the management modules (which are rules about the\nmanagement of the scheme); and\n(e) the by-laws (which set out the rights and obligations of the\nbody corporate, unit owners and unit occupiers).\n","sortOrder":68},{"sectionNumber":"74","sectionType":"section","heading":"Committee of management","content":"74 Committee of management\n(1) There must be a committee of management (the committee) for:\n(a) a higher scheme; or\n(b) a basic scheme with at least 4 unit owners; or\n(c) a basic scheme with less than 4 unit owners if the body\ncorporate of the scheme decides, by a resolution without\ndissent, to form the committee.\n(2) The committee is composed of 1 or more committee members\nelected in accordance with the management module.\n(3) A committee member must be:\n(a) a unit owner that is an individual; or\n\nUnit Title Schemes Act 2009 48\n(b) an individual appointed by a unit owner that is a body\n(4) The management module must provide for:\n(a) the term of office of a committee member; and\n(b) the functions and powers of the committee; and\n(c) the procedural matters relating to the committee.\n","sortOrder":69},{"sectionNumber":"75","sectionType":"section","heading":"Committee must act for body corporate","content":"75 Committee must act for body corporate\n(1) Except as otherwise provided by the management module, a\ndecision of the committee is a decision of the body corporate.\n(2) The committee must:\n(a) implement a lawful decision of the body corporate; and\n(b) act reasonably in exercising the committee's powers and\nperforming the committee's functions.\n(3) A decision of a person who honestly and reasonably believes he or\nshe is acting as a committee member has effect as a decision of a\ncommittee member.\n(4) A decision of the committee prevails to the extent to which it is\ninconsistent with a decision of the body corporate manager.\n","sortOrder":70},{"sectionNumber":"76","sectionType":"section","heading":"Protection of committee member","content":"76 Protection of committee member\n(1) A person is not civilly liable for an act done or omitted to be done by\nthe person in good faith in the exercise of a power or performance\nof a function as a committee member.\n(2) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":71},{"sectionNumber":"77","sectionType":"section","heading":"Code of conduct","content":"77 Code of conduct\n(1) The code of conduct in Schedule 1, Part 1 applies to a committee\nmember.\n(2) A person who breaches the code of conduct may be removed as a\ncommittee member in accordance with the management module.\n\nUnit Title Schemes Act 2009 49\n","sortOrder":72},{"sectionNumber":"78","sectionType":"section","heading":"Requirements about meeting and voting","content":"78 Requirements about meeting and voting\n(1) The body corporate and the committee of a scheme:\n(a) must hold meetings as required by the management module;\nand\n(b) may hold other meetings as decided by the body corporate or\ncommittee (as appropriate).\n(2) The management module may provide for the meetings and voting\nprocedures for the body corporate and committee, including, for\nexample:\n(a) the appointment of a proxy for a meeting; and\n(b) the counting of votes for a resolution.\n","sortOrder":73},{"sectionNumber":"79","sectionType":"section","heading":"Methods of voting","content":"79 Methods of voting\n(1) Subsections (2) to (7):\n(a) apply for voting about a resolution of the body corporate at a\nmeeting of the body corporate; and\n(b) apply with changes specified in the management module:\n(i) for voting about a resolution of the body corporate\notherwise than at a meeting; or\n(ii) for voting about a resolution of the committee; or\n(iii) for a specified purpose of this Act.\n(2) Only 1 vote may be exercised for each unit.\n(3) Except as otherwise provided by the management module, voting\nmay be made:\n(a) personally or by proxy; and\n(b) by show of hands or in writing.\n(4) A motion is passed by a unanimous resolution if the number of\nthe votes counted in favour of the motion is equal to the total\nnumber of the units.\n(5) A motion is passed by a resolution without dissent if no vote is\ncounted against the motion.\n\nUnit Title Schemes Act 2009 50\n(6) A motion is passed by a majority resolution if the number of the\nvotes counted in favour of the motion exceeds 50% of the total\nnumber of the units.\n(7) A motion is passed by an ordinary resolution if:\n(a) both of the following conditions are satisfied:\n(i) this paragraph applies under the management module;\n(ii) the contribution entitlements of the units for the votes\ncounted in favour of the motion exceed the contribution\nentitlements of the units for the votes counted against it;\nor\n(b) otherwise – the votes counted in favour of the motion are\nmore than the votes counted against the motion.\n(8) A motion is passed by a special resolution if:\n(a) at least two-thirds of the votes cast are counted in favour of\nthe motion; and\n(b) the contribution entitlements of the units for the votes counted\nagainst the motion do not exceed 25% of the contribution\nentitlements of all the units.\n(9) A unit owner who fails to pay an amount of annual contributions or\nlevies to the body corporate by the date it is required to be paid\nmay not, while the amount is outstanding, vote on a motion of the\ncorporation.\n(10) Subsection (9) does not apply to a motion required by this Act to be\npassed by a unanimous resolution or resolution without dissent.\n","sortOrder":74},{"sectionNumber":"80","sectionType":"section","heading":"Evidence of resolutions","content":"80 Evidence of resolutions\nA document affixed with the seal of the body corporate specifying\nthe following matters is evidence of the matters:\n(a) a meeting of the body corporate was held on a specified date;\n(b) a resolution in specified terms was passed at the meeting;\n(c) the resolution was a unanimous resolution, resolution without\ndissent, majority resolution, ordinary resolution, special\nresolution or another specified resolution.\n\nUnit Title Schemes Act 2009 51\n","sortOrder":75},{"sectionNumber":"81","sectionType":"section","heading":"Records required by management module","content":"81 Records required by management module\n(1) The management module of a scheme may provide for a record\nthat must be kept by the body corporate.\n(2) Any of the following may apply under the management module to\naccess the record or specified information contained in the record:\n(a) a unit owner or mortgagee of a unit;\n(b) a person intending to buy a unit;\n(c) a person whom the body corporate reasonably considers to\nhave a proper interest in the record or information;\n(d) someone acting for a person mentioned in paragraph (a), (b)\nor (c).\n(3) Within 10 working days after receiving the application, the body\ncorporate must allow the person to inspect the record or give the\nperson a copy of the record or the information (as appropriate).\n(4) Subsection (3) applies only:\n(a) if the person has complied with the requirements prescribed\nby the management module; and\n(b) to the extent to which the record or information does not\ncontain any defamatory material.\n(5) The body corporate must comply with subsection (3).\n","sortOrder":76},{"sectionNumber":"82","sectionType":"section","heading":"Notices required by management module","content":"82 Notices required by management module\nThe management module may provide for notices that must be\ngiven to the body corporate, including, for example, notices about:\n(a) the transfer of the ownership of a unit; and\n(b) the happening of a specified event in relation to a unit.\n\nUnit Title Schemes Act 2009 52\n","sortOrder":77},{"sectionNumber":"83","sectionType":"section","heading":"Service of documents","content":"83 Service of documents\n(1) The body corporate must ensure:\n(a) a notice specifying the scheme name is displayed at a\nconspicuous place on the scheme land; and\n(b) a letterbox clearly marked for receiving postal delivery to the\nbody corporate is located at the place.\n(2) A document may be served on the body corporate by:\n(a) placing the document in the letterbox; or\n(b) prepaid post addressed to the body corporate address.\n","sortOrder":78},{"sectionNumber":"84","sectionType":"section","heading":"What is a dispute","content":"84 What is a dispute\n(1) There is a dispute relating to a scheme in any of the following\ncircumstances:\n(a) the body corporate, or a unit owner, unit occupier or\nmortgagee of a unit, claims there is, or has been, a\ncontravention of this Act by a person in relation to the scheme;\n(b) a unit owner claims to have been wrongfully treated by:\n(i) the body corporate or committee, or a delegate of the\nbody corporate or committee; or\n(ii) another unit owner or a unit occupier;\n(c) a unit owner claims a decision of the body corporate or\ncommittee, or a delegate of the body corporate or committee,\nis unreasonable, oppressive or unjust;\n(ca) a unit owner claims the body corporate or committee, or a\ndelegate of the body corporate or committee, has failed or\nunreasonably refused to perform a function imposed, or to\nexercise a power conferred, on the body corporate or\ncommittee under this Act or the management module of the\nscheme;\n\nUnit Title Schemes Act 2009 53\n(cb) a dispute has arisen between a body corporate and the body\ncorporate manager in relation to the administrative services\nprovided by the manager in accordance with the manager's\nengagement;\n(cc) a body corporate claims the body corporate manager has\ncontravened the code of conduct that applies to the manager's\nengagement;\n(d) a dispute relating to a unit or the common property has arisen:\n(i) between a unit owner and the body corporate or\ncommittee; or\n(ii) between 2 or more unit owners;\n(e) other circumstances prescribed by regulation.\n(2) However, a matter that would otherwise be a dispute under\nsubsection (1) is not a dispute if it relates to a termination of a\nscheme under the Termination of Units Plans and Unit Title\nSchemes Act 2014.\n","sortOrder":79},{"sectionNumber":"85","sectionType":"section","heading":"Application for resolution of dispute","content":"85 Application for resolution of dispute\n(1) A person (the applicant) mentioned in section 84 may apply to the\nTribunal for the resolution of a dispute between the applicant and\nanother person (the respondent) mentioned in that section.\n(2) Subject to sections 128 and 129 of the Northern Territory Civil and\nAdministrative Tribunal Act 2014, the applicant and respondent are\nthe parties to the proceedings for the application.\nSections 128 and 129 of the Northern Territory Civil and Administrative Tribunal\nAct 2014 provide for other persons being joined, or intervening, as parties.\n(3) If the body corporate is a party to the proceedings, the body\ncorporate may appoint the body corporate manager or a unit owner\nto be its representative in the proceedings.\n","sortOrder":80},{"sectionNumber":"86","sectionType":"section","heading":"Tribunal to resolve dispute","content":"86 Tribunal to resolve dispute\n(1) For resolving the dispute, the Tribunal may make any orders the\nTribunal considers appropriate.\n(1A) Without limiting subsection (1), the Tribunal may make one or more\nof the following orders:\n(a) an order for the payment of money;\n\nUnit Title Schemes Act 2009 54\n(b) an order that a person take, or refrain from taking, specified\naction;\n(c) an order to confirm, vary or reverse a decision of the body\ncorporate or committee;\n(d) an order that a change be made to a by-law;\n(e) an order requiring the body corporate or committee to perform\na function imposed, or to exercise a power conferred, on the\nbody corporate or committee under this Act or the\nmanagement module of the scheme.\n(2) The Tribunal must not order a change to be made to a by-law\nunless it is satisfied:\n(a) the change is necessary for an equitable resolution of the\ndispute; and\n(b) if the body corporate was not a party to the proceedings – it\nhad a reasonable opportunity to be a party; and\n(c) a unit owner who could be adversely affected by the change\nhad a reasonable opportunity to make a submission to the\nTribunal about the change.\n(3) If the Tribunal orders that a change is to be made to a by-law, the\nbody corporate must, within 20 working days of the order, lodge the\namendment, or a consolidation of the by-law in accordance with the\norder.\n(4) An offence against subsection (3) is an offence of strict liability.\nPart 3.4 Body corporate manager, service contractor,\ncaretaking service contractor and letting agent\n","sortOrder":81},{"sectionNumber":"87","sectionType":"section","heading":"Key terms for Part","content":"87 Key terms for Part\n(1) In this Part:\nassociate, see subsections (2) and (3).\n\nUnit Title Schemes Act 2009 55\nbody corporate manager, of a scheme, means a person who:\n(a) is engaged by the body corporate to provide administrative\nservices for the scheme (whether or not also engaged by the\nbody corporate in other capacities); and\n(b) is not an employee of the body corporate.\ncaretaking service contractor, of a scheme, means a service\ncontractor of the scheme who is also:\n(a) a letting agent of the scheme; or\n(b) an associate of a letting agent of the scheme.\ninterposed person, see subsection (4).\nletting agent, of a scheme, means a person who:\n(a) is licensed as a real estate agent, or is a registered agents\nrepresentative, under the Agents Licensing Act 1979; and\n(b) is authorised by the body corporate to conduct a business for\nthe leasing of the units.\nservice contractor, of a scheme, means a person who:\n(a) is engaged by the body corporate for a term of at least 1 year\nto provide services other than administrative services for the\nscheme; and\n(b) is not an employee of the body corporate.\n(2) A person is an associate of someone if:\n(a) there is an interposed person between them; or\n(b) at least 1 of the following relationships exists between them:\n(i) a marriage or de facto relationship;\n(ii) members of a family according to traditional or\ncontemporary practice;\n(iii) a partnership;\n(iv) an employer-employee relationship;\n(v) a fiduciary relationship;\n\nUnit Title Schemes Act 2009 56\n(vi) a relationship between a corporation and someone who\nis concerned with, or takes part in, the management of\nthe corporation (whether as a director or not);\n(vii) a relationship between a corporation and someone who\ncontrols, or can substantially influence, the corporation's\nconduct;\n(viii) a relationship under which 1 of them is obliged (whether\nformally or not) to act at the direction of the other.\n(3) However, a person is not an associate of someone only because 1\nof them is a unit owner, and the other is a letting agent, of a\n(4) An interposed person between 2 persons is someone who has a\nrelationship mentioned in subsection (2)(b) with each of the\n2 persons.\n","sortOrder":82},{"sectionNumber":"88","sectionType":"section","heading":"Original owner's obligations","content":"88 Original owner's obligations\n(1) This section applies if, during the original owner control period for a\nscheme, the body corporate enters into an arrangement to:\n(a) engage a person as the body corporate manager or as a\nservice contractor; or\n(b) authorise a person as a letting agent.\n(2) The original owner must ensure:\n(a) the terms of the arrangement:\n(i) are appropriate for the scheme; and\n(ii) will be fair and reasonable for the person and the body\ncorporate as constituted immediately after the end of the\noriginal owner control period; and\n(b) the powers and functions conferred by the arrangement do not\nadversely affect the ability of the body corporate to exercise its\npowers or perform its functions.\n(3) The body corporate or a unit owner may recover from the original\nowner any loss suffered by the body corporate or unit owner (as\nappropriate) because of a contravention of subsection (2).\n\nUnit Title Schemes Act 2009 57\n","sortOrder":83},{"sectionNumber":"89","sectionType":"section","heading":"No consideration for arrangement","content":"89 No consideration for arrangement\n(1) The body corporate of a scheme must not seek or accept any\nbenefit (including money) for an arrangement to:\n(a) engage a person as the body corporate manager or as a\nservice contractor; or\n(b) authorise a person as a letting agent.\n(2) Subsection (1) does not apply to a benefit for the first arrangement\nmentioned in subsection (1)(b) made after the end of the original\nowner control period if:\n(a) no such arrangement was made during that period; and\n(b) the benefit is a fair market value for the arrangement.\n(3) A person may recover from the body corporate an amount equal to\nthe value of a benefit given by the person to the body corporate and\naccepted by it in contravention of subsection (1).\n","sortOrder":84},{"sectionNumber":"90","sectionType":"section","heading":"Letting agent's obligations","content":"90 Letting agent's obligations\nA letting agent must not conduct the letting agent's business in a\nunit unless the letting agent is the unit owner or a lessee of the unit.\n","sortOrder":85},{"sectionNumber":"91","sectionType":"section","heading":"Combined arrangement","content":"91 Combined arrangement\nThis Act does not prevent an arrangement providing for both of the\nfollowing for 1 or more schemes:\n(a) the engagement of a person as a body corporate manager,\nservice contractor or caretaking service contractor;\n(b) the authorisation of a person as a letting agent.\n","sortOrder":86},{"sectionNumber":"92","sectionType":"section","heading":"Codes of conduct for body corporate manager and caretaking","content":"92 Codes of conduct for body corporate manager and caretaking\nservice contractor\n(1) The code of conduct in Schedule 1, Part 2 applies as a term of the\nengagement of a person as the body corporate manager or a\ncaretaking service contractor.\n(2) The code of conduct prevails to the extent to which it is inconsistent\nwith another term of the engagement.\n\nUnit Title Schemes Act 2009 58\n","sortOrder":87},{"sectionNumber":"93","sectionType":"section","heading":"Code of conduct for letting agents","content":"93 Code of conduct for letting agents\n(1) The code of conduct in Schedule 1, Part 3 applies as a term of the\nauthorisation of a person as a letting agent.\n(2) The code of conduct prevails to the extent to which it is inconsistent\nwith another term of the authorisation.\n","sortOrder":88},{"sectionNumber":"94","sectionType":"section","heading":"Management module of a scheme","content":"94 Management module of a scheme\n(1) The regulations may prescribe management modules for different\nschemes.\n(2) A management module may provide for any of the following:\n(a) a matter concerning the administration of a scheme;\n(b) a matter for which a management module may make provision\nunder this Act.\n(3) Without limiting subsection (2)(a), the management module may\nprovide for the following:\n(a) the budget of the body corporate;\n(b) the annual contributions and other levies payable by the unit\nowners to the body corporate;\n(c) discounts and penalties relating to the payment of the\ncontributions and levies;\n(d) recovery of unpaid contributions and levies;\n(e) funds to be kept by the body corporate;\n(f) powers and restrictions relating to borrowing by the body\ncorporate;\n(g) application of amounts in funds;\n(h) limitation on the expenditure of the body corporate;\n(i) keeping accounts and preparing statements of accounts;\n(j) auditing statements of accounts by an auditor.\n\nUnit Title Schemes Act 2009 59\n(4) The management module of a scheme is:\n(a) the management module that applies to the scheme as\nprescribed by regulation; or\n(b) the management module mentioned in paragraph (a) with\nchanges approved by the schemes supervisor in accordance\nwith the regulations.\n(5) The regulations may provide for the approval of the schemes\nsupervisor under subsection (4)(b) (including, for example, the\npayment of a fee for the approval).\n(6) This Act does not require the member schemes of a layered\nscheme to have the same management module.\n","sortOrder":89},{"sectionNumber":"95","sectionType":"section","heading":"By-laws of a scheme","content":"95 By-laws of a scheme\n(1) Subject to any by-law specified in the scheme statement of a\nscheme, Schedule 2 has effect as the by-laws of the scheme.\nThis means Schedule 2 serves as the by-laws of a scheme whose scheme\nstatement does not specify any by-laws. It also means the scheme statement\nmay vary a provision of Schedule 2 and set out additional by-laws.\n(2) The scheme statement may specify a by-law in relation to:\n(a) the obligations and rights of the body corporate, unit owners\nand unit occupiers relating to the use or control of 1 or more of\nthe following:\n(i) the scheme land;\n(ii) the body corporate assets;\n(iii) services and amenities provided by the body corporate;\nand\n(b) a matter for which a by-law may make provision under this\nAct.\n(3) A by-law is invalid to the extent to which it:\n(a) is inconsistent with this Act or another law in force in the\nTerritory; or\n(b) unlawfully restricts the use of a unit; or\n\nUnit Title Schemes Act 2009 60\n(c) unlawfully prevents or restricts a transaction relating to a unit;\nor\n(d) unlawfully discriminates against a unit owner or unit occupier.\n(4) This Act does not require the member schemes of a layered\nscheme to have the same by-laws.\n","sortOrder":90},{"sectionNumber":"95A","sectionType":"section","heading":"Amendments to by-laws","content":"95A Amendments to by-laws\n(1) Subject to section 97, an amendment to a by-law must be made by\nspecial resolution.\n(2) An amendment to a by-law has no effect unless it is:\n(a) certified by the schemes supervisor under section 95B(5)(a);\nand\n(b) lodged with the Registrar-General under section 95C.\n(3) A reference to an amendment of a by-law includes the repeal or\nrevocation of the by-law.\n","sortOrder":91},{"sectionNumber":"95B","sectionType":"section","heading":"Review and certification of by-law amendments","content":"95B Review and certification of by-law amendments\n(1) A body corporate must, in accordance with the directions of the\nschemes supervisor, submit any amendment it makes to a by-law\nfor review by the schemes supervisor.\n(2) A body corporate may also submit an amendment that it proposes\nto make to a by-law for review by the schemes supervisor.\n(3) A consolidation of a by-law that includes an amendment may be\nsubmitted for review instead of the amendment or proposed\namendment.\n(4) The schemes supervisor must review the amendment or\nconsolidation, on receipt of it and the prescribed fee, to ensure that\nit complies with the following criteria:\n(a) it is authorised under this Act;\n(b) it does not constitute an unusual or unexpected use of the\nauthority under which it is made;\n(c) its form and style are in accordance with established\nstandards;\n(d) its content is logically consistent with the by-law being\namended.\n\nUnit Title Schemes Act 2009 61\n(5) The schemes supervisor must, within 20 working days of receipt of\nthe amendment or consolidation:\n(a) certify that it complies with the criteria in subsection (4); or\n(b) refuse to certify it and give the body corporate written reasons\nwhy it does not comply with those criteria.\n(6) In the absence of evidence to the contrary, the schemes supervisor\nis taken to have refused to certify the amendment or consolidation if\nthe schemes supervisor has not responded within the time allowed\nunder subsection (5).\n","sortOrder":92},{"sectionNumber":"95C","sectionType":"section","heading":"Lodgement of by-law amendments","content":"95C Lodgement of by-law amendments\n(1) A body corporate must, in accordance with the directions of the\nRegistrar-General, lodge with the Register-General any amendment\nor consolidation of a by-law that is certified by the schemes\nsupervisor within 20 working days of the certification.\n(2) An amendment or consolidation of a by-law cannot be lodged\nunless it is certified by the schemes supervisor.\n","sortOrder":93},{"sectionNumber":"95D","sectionType":"section","heading":"Review by the Tribunal","content":"95D Review by the Tribunal\n(1) The Tribunal has jurisdiction to review a decision by the schemes\nsupervisor to certify or refuse to certify an amendment or\nconsolidation of a by-law.\n(2) The body corporate and the unit owners have the right to have the\ndecision reviewed by the Tribunal.\n(3) The applicant for review must serve notice of the application on the\nunit owners and, if the applicant is not the body corporate, on the\nbody corporate.\n(4) The interests of the body corporate and all unit owners are taken to\nbe affected by the review, to join them as parties under section 128\nof the Northern Territory Civil and Administrative Tribunal Act 2014.\n(5) After reviewing the decision, the Tribunal may, in addition to its\nother powers, order that a change be made to a by-law if it is\nsatisfied that:\n(a) the change is necessary to comply with the criteria in\nsection 95B(4); and\n(b) the body corporate had a reasonable opportunity to make a\nsubmission to the Tribunal about the change; and\n\nUnit Title Schemes Act 2009 62\n(c) a unit owner who could be adversely affected by the change\nhad a reasonable opportunity to make a submission to the\nTribunal about the change.\nNote for section 95D\nThe Northern Territory Civil and Administrative Tribunal Act 2014 contains other\nprovisions relevant to the review.\n","sortOrder":94},{"sectionNumber":"96","sectionType":"section","heading":"Contravention notice","content":"96 Contravention notice\n(1) The body corporate of a scheme that reasonably believes a person\nwho is a unit owner or unit occupier is contravening or has\ncontravened a by-law may, by written notice given to the person,\nrequire the person:\n(a) to stop, or not to repeat, the contravention; and\n(b) to remedy the contravention as specified in the notice.\n(2) The person must comply with the notice.\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n","sortOrder":95},{"sectionNumber":"97","sectionType":"section","heading":"Exclusive use by-laws","content":"97 Exclusive use by-laws\n(1) An exclusive use by-law is a by-law that directly or indirectly\nallocates to a specified unit special rights in relation to specified\ncommon property or body corporate assets, other than utility\ninfrastructure.\nExample for subsection (1)\nThe allocation decision is made by the body corporate of a subsidiary scheme.\n(2) An exclusive use by-law may provide for the further allocation of\nspecial rights that have been allocated to a unit that is the scheme\nland of a subsidiary scheme.\nAn exclusive use by-law of a layered scheme allocates the use of car parks to a\nunit that is the scheme land of a subsidiary scheme. The body corporate of the\nsubsidiary scheme may make an exclusive use by-law allocating specific car\nparks to units of the subsidiary scheme.\n(3) Subject to subsection (4), an amendment to an exclusive use\nby-law must be made by unanimous resolution.\n\nUnit Title Schemes Act 2009 63\n(4) If the amendment concerns special rights allocated to a unit when\nthe unit owner or unit occupier was the body corporate manager, a\nservice contractor or a letting agent, the amendment may be made\nby:\n(a) ordinary resolution with the consent of the unit owner; or\n(b) order of the Tribunal under section 98.\n(5) Despite subsection (4), during the original owner control period, an\nexclusive use by-law that is included in the first scheme statement\nmust not be amended or its effect varied.\n(6) To avoid doubt, sections 95A to 95D apply to the amendment of an\nexclusive use by-law.\n(7) If the amendment is certified by the schemes supervisor, the body\ncorporate must lodge the amendment with the Register-General\nwithin 20 working days after the certification.\n(8) A body corporate commits an offence if it contravenes\nsubsection (7).\n(9) An offence against subsection (8) is an offence of strict liability.\n(10) The management module may provide for the exercise of the\nspecial rights under the allocation.\nExample for subsection (10)\nThe management module may provide for the obligations of a person exercising\nthe rights.\n","sortOrder":96},{"sectionNumber":"98","sectionType":"section","heading":"Tribunal order regarding exclusive use by-laws","content":"98 Tribunal order regarding exclusive use by-laws\n(1) If a unit owner refuses to consent to an amendment of an exclusive\nuse by-law under section 97(4)(a), the body corporate may apply to\nthe Tribunal for an order for the amendment to be certified and\nlodged without that consent.\n(2) The Tribunal has original jurisdiction to make any order it considers\nappropriate in relation to the application.\nThe Tribunal may make an order for the payment of compensation to the unit\nowner or unit occupier.\n\nUnit Title Schemes Act 2009 64\n(3) If the Tribunal orders the lodgement of the amendment, the body\ncorporate must take all reasonable steps to have it certified and\nlodged within the time specified in the order.\nNoncompliance with an order of the Tribunal is an offence under section 84B of\nthe Northern Territory Civil and Administrative Tribunal Act 2014.\n","sortOrder":97},{"sectionNumber":"98A","sectionType":"section","heading":"Jurisdiction of Tribunal","content":"98A Jurisdiction of Tribunal\n(1) The Tribunal has original jurisdiction to deal with matters under this\nDivision.\n(2) Section 140 of the Northern Territory Civil and Administrative\nTribunal Act 2014, does not apply to a decision of the Tribunal\nunder this Division.\n","sortOrder":98},{"sectionNumber":"98B","sectionType":"section","heading":"Appointment of administrator","content":"98B Appointment of administrator\n(1) A body corporate, a creditor of a body corporate or a person having\nan estate or interest in a unit scheme may apply to the Tribunal for\nthe appointment of an administrator for the body corporate.\n(2) The application must state the reasons for appointing an\nadministrator and may include the name of a person who has\nconsented to act as the administrator.\n(3) On an application, the Tribunal may, if satisfied that the order is\njustified, by order:\n(a) appoint a person to be administrator of the body corporate;\nand\n(b) fix the terms and conditions of the appointment it considers\nappropriate.\n(4) The remuneration of, and expenses incurred by, the administrator\nare taken to be expenditures of the body corporate.\n","sortOrder":99},{"sectionNumber":"98C","sectionType":"section","heading":"Removal or replacement of administrator","content":"98C Removal or replacement of administrator\nOn an application made by the administrator of a body corporate or\na person mentioned in section 98B(1), the Tribunal may, by order,\nremove or replace the administrator.\n\nUnit Title Schemes Act 2009 65\n","sortOrder":100},{"sectionNumber":"98D","sectionType":"section","heading":"Notice to Registrar-General and corporation of order","content":"98D Notice to Registrar-General and corporation of order\nIn an order under section 98B or 98C, the Tribunal must give the\ndirections it considers appropriate with respect to the giving of\nnotice of the order to the Registrar-General and to the body\n","sortOrder":101},{"sectionNumber":"98E","sectionType":"section","heading":"Duties, functions and powers of administrator","content":"98E Duties, functions and powers of administrator\n(1) Subject to this section, the administrator of a body corporate must\nperform the duties, and may exercise the powers and perform the\nfunctions, of the body corporate, its committees and officers to the\nexclusion of the body corporate and its committee.\n(2) Except with the approval of the Tribunal, the administrator of a body\ncorporate may not do any act that is required by this Act to be\nauthorised by a unanimous resolution.\n(3) On application by the administrator of a body corporate or a person\nmentioned in section 98B(1), the Tribunal may give directions\nregarding the manner in which the administrator is to perform the\nduties and functions and exercise the powers of the body corporate.\n","sortOrder":102},{"sectionNumber":"98F","sectionType":"section","heading":"Administrator may delegate duties, functions and powers","content":"98F Administrator may delegate duties, functions and powers\n(1) An administrator of the body corporate may, in writing, delegate to\nany person all or any of the duties, functions and powers of the\nadministrator, except this power of delegation.\n(2) The delegate must perform or exercise any delegated duty, function\nor power in accordance with the delegation.\n(3) A delegation under this section may be revoked at any time and\ndoes not prevent the performance of a duty or function, or the\nexercise of a power, by the administrator of the corporation.\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Schemes supervisor","content":"99 Schemes supervisor\n(1) The Minister may, by writing, appoint an individual to be the unit title\nschemes supervisor.\n\nUnit Title Schemes Act 2009 66\n(2) The Minister may, by writing, appoint an individual to act in the\noffice of schemes supervisor:\n(a) during a vacancy in the office (whether or not an appointment\nhas previously been made to the office); or\n(b) during a period or all periods when the schemes supervisor is\nunable to perform the functions of the office.\n(3) The Minister may determine conditions of an appointment under\nsubsection (1) or (2).\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Functions of schemes supervisor","content":"100 Functions of schemes supervisor\n(1) The schemes supervisor has the following functions:\n(a) providing educational or informative materials to the public\nregarding the operation of this Act and the Unit Titles Act;\n(b) providing conciliation services for the resolution of disputes\nrelating to schemes and unit titles, either directly or by\nengaging the services of others with the relevant expertise;\n(c) any functions given to the schemes supervisor under this Act\nor another Act;\n(d) any other function ancillary to the functions mentioned in\nparagraphs (a) to (c).\n(2) The schemes supervisor, in performing the function mentioned in\nsubsection (1)(a):\n(a) must consult with the Real Estate Institute of Northern\nTerritory Incorporated, the Law Society Northern Territory and\nany other bodies determined by the Minister; and\n(b) may consult with any other body representing the interests of\npersons affected by the operation of this Act.\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Powers of schemes supervisor","content":"101 Powers of schemes supervisor\nThe schemes supervisor has the following powers:\n(a) all the powers necessary for the performance of the functions\nof the schemes supervisor;\n(b) any other power given to the schemes supervisor under this\nAct or another Act.\n\nUnit Title Schemes Act 2009 67\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Delegation of schemes supervisor","content":"102 Delegation of schemes supervisor\nThe schemes supervisor may, by writing, delegate to a person any\nof his or her functions and powers under this Act.\n","sortOrder":107},{"sectionNumber":"102A","sectionType":"section","heading":"Use of Agents Licensing Fidelity Guarantee Fund","content":"102A Use of Agents Licensing Fidelity Guarantee Fund\n(1) The Minister responsible for the administration of the Agents\nLicensing Act 1979 may, by transfer to the appropriate Agency, use\npart of the moneys of the Agents Licensing Fidelity Guarantee Fund\nof the Northern Territory established under that Act for the purpose\nof meeting the operating costs of the office of schemes supervisor.\n(2) The Minister mentioned in subsection (1) may, from time to time,\ndetermine the amount that is to be transferred.\n(3) The Minister mentioned in subsection (1) may use the moneys of\nthe Fund under this section only after consulting:\n(a) the Agents Licensing Fidelity Guarantee Fund of the Northern\nTerritory; and\n(b) the Commissioner of Consumer Affairs, appointed under the\nConsumer Affairs and Fair Trading Act 1990; and\n(c) any bodies that, in the opinion of the Minister, represent the\ninterests of developers, bodies corporate and unit owners.\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Approved form","content":"103 Approved form\nThe Registrar-General:\n(a) may approve forms for this Act; and\n(b) must publish the approved forms in any way the Registrar-\nGeneral considers appropriate (including, for example, on the\nInternet).\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Persons acting for Territory as unit owner","content":"105 Persons acting for Territory as unit owner\n(1) If the Territory is the unit owner of all the units of a scheme, the\nrelevant minister or a person appointed by the relevant minister in\nwriting may act for the body corporate for this Act.\n(2) Without limiting subsection (1), the relevant minister or person may\naffix the seal of the body corporate for this Act.\n\nUnit Title Schemes Act 2009 68\n(3) In this section:\nrelevant minister means a minister acting for the Territory in\nrelation to the units.\n","sortOrder":110},{"sectionNumber":"106","sectionType":"section","heading":"Rates","content":"106 Rates\n(1) Each unit must be rated separately for the Local Government\nAct 2019, Northern Territory Rates Act 1971 or Darwin Waterfront\nCorporation Act 2006.\n(2) A body corporate must not be rated under the Local Government\nAct 2019 or Northern Territory Rates Act 1971.\n107 Fees\n(1) The regulations under the Registration Act 1927 may prescribe fees\npayable to the Registrar-General for a matter arising under this Act.\n(2) Other fees may be payable as prescribed by regulation made under\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Regulations","content":"108 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may:\n(a) apply, adopt or incorporate (with or without changes) a matter\ncontained in another instrument as in force or existing at a\nparticular time or from time to time; and\n(b) prescribe a fine not exceeding 200 penalty units for an offence\nagainst the regulations; and\n(c) provide for the enforcement of a code of conduct, including by\nproviding that a contravention of the code is an offence\nagainst the regulations; and\n(d) provide for an offence against the regulations to be an offence\nof strict liability.\n\nPart 4.3 Transitional matters for Unit Title Schemes Act 2009\nUnit Title Schemes Act 2009 69\nPart 4.3 Transitional matters for Unit Title Schemes\nAct 2009\n109 Definitions\nbuilding development plan, see section 4(1) of the Unit Titles\nAct 1975.\ncommencement means the commencement of section 109.\ncorporation, see section 4(1) of the Unit Titles Act 1975.\nunits plan, see section 4(1) of the Unit Titles Act 1975.\n","sortOrder":112},{"sectionNumber":"110","sectionType":"section","heading":"Application","content":"110 Application\nThis Act applies to the following:\n(a) land for which a development permit or exceptional\ndevelopment permit has been issued on an application\ncovered by section 202 of the Planning Act 1999;\n(b) lots that have been converted into the scheme land of a\nscheme under section 111;\n(c) land mentioned in section 112.\n","sortOrder":113},{"sectionNumber":"111","sectionType":"section","heading":"Conversion of units plan or building development plan into","content":"111 Conversion of units plan or building development plan into\nscheme\n(1) The corporation of a units plan or building development plan may\nlodge a scheme statement as prescribed by regulation.\n(2) If the Registrar-General registers the scheme statement:\n(a) the plan is converted into a scheme as prescribed by\nregulation; and\n(b) the lots to which the plan relates are converted into the\nscheme land of the scheme as prescribed by regulation; and\n(c) the scheme has effect under this Act as prescribed by\n\n","sortOrder":114},{"sectionNumber":"Part 4","sectionType":"part","heading":"4 Transitional matters for Justice Legislation Amendment (Small Claims and","content":"Part 4.4 Transitional matters for Justice Legislation Amendment (Small Claims and\nOther Matters) Act 2016\nUnit Title Schemes Act 2009 70\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Formation of scheme from pre-commencement development","content":"112 Formation of scheme from pre-commencement development\n(1) This section applies to land prescribed by regulation:\n(a) for which a development permit, exceptional development\npermit or building permit, that is prescribed by regulation, was\nin force immediately before the commencement; and\n(b) that has not been subdivided for the Unit Titles Act 1975; and\n(c) in relation to which the requirements prescribed by regulation\nare met.\n(2) A scheme may be formed on the subdivision of the land as\nprescribed by regulation.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Rights and obligations under Unit Titles Act 1975","content":"113 Rights and obligations under Unit Titles Act 1975\nSubject to this Part, this Act does not affect any rights and\nobligations accrued under the Unit Titles Act 1975.\nPart 4.4 Transitional matters for Justice Legislation\nAmendment (Small Claims and Other Matters)\nAct 2016\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Definitions","content":"114 Definitions\ncommencement means the commencement of section 9 of the\nSmall Claims Act 2016.\nformer law means all of the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Small Claims Act 1974 (being Act No. 67 of 1974 (as\namended) repealed by section 9 of the Small Claims\nAct 2016);\n(c) the Local Court Act 2015;\n(d) the Supreme Court Act 1979.\n\nPart 4.5 Transitional matters for Agents and Land Legislation Amendment Act 2019\nUnit Title Schemes Act 2009 71\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Current proceedings to continue in court","content":"115 Current proceedings to continue in court\n(1) This section applies if, before the commencement:\n(a) proceedings under this Act had been commenced in the Local\nCourt or Supreme Court; and\n(b) the proceedings, including any appeals that might be made,\nhad not been finally determined.\n(2) The former law continues to apply in relation to the proceedings,\nincluding any appeals, as if the Small Claims Act 2016 and the\nJustice Legislation Amendment (Small Claims and Other Matters)\nAct 2016 had not commenced.\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"References to orders","content":"116 References to orders\nA reference in this Act to an order of the Tribunal made under a\nprovision of this Act includes a reference to an order of the Local\nCourt or Supreme Court made under that provision before the\ncommencement.\nPart 4.5 Transitional matters for Agents and Land\nLegislation Amendment Act 2019\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Definitions","content":"117 Definitions\nby-law includes an amendment to a by-law.\ncommencement means the commencement of the Agents and\nLand Legislation Amendment Act 2019.\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Validity of prior by-laws","content":"118 Validity of prior by-laws\nSubject to section 119, a by-law that was made before the\ncommencement is taken to be valid.\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Review of prior by-laws","content":"119 Review of prior by-laws\n(1) A person affected by a by-law that was made before the\ncommencement but not forwarded to the Minister under section 63\nof the Interpretation Act 1978, as in force immediately before the\ncommencement, may submit the by-law for review by the schemes\nsupervisor.\n\nPart 4.5 Transitional matters for Agents and Land Legislation Amendment Act 2019\nUnit Title Schemes Act 2009 72\n(2) On receipt of the by-law and the prescribed fee, the schemes\nsupervisor must review the by-law in accordance with\nsection 95B(4).\n(3) The schemes supervisor must, within 20 working days of receipt of\nthe by-law:\n(a) certify that it complies with the criteria in section 95B(4); or\n(b) refuse to certify it and give the person who submitted it and\nthe body corporate written reasons why it does not comply\nwith those criteria.\n(4) If the schemes supervisor refuses to certify the by-law under\nsubsection (3)(b):\n(a) the by-law may be modified to comply with the criteria and a\nnew by-law submitted to the schemes supervisor in\naccordance with section 95B; or\n(b) the person may apply to have the decision of the schemes\nsupervisor reviewed by the Tribunal under section 95D.\n(5) A by-law that the schemes supervisor has refused to certify under\nsubsection (3)(b) is invalid if:\n(a) no proceedings are commenced to review the refusal by the\nschemes supervisor within the time allowed under the\nNorthern Territory Civil and Administrative Tribunal Act 2014;\nor\n(b) on review, the Tribunal confirms the refusal by the schemes\nsupervisor and no appeal to the Supreme Court is made within\nthe time allowed under the Northern Territory Civil and\nAdministrative Tribunal Act 2014; or\n(c) on appeal from the Tribunal, the Supreme Court confirms the\nrefusal by the schemes supervisor.\n(6) Any failure to forward a by-law made under this Act to the Minister\nin accordance with section 63A(1)(b) of the Interpretation Act 1978\nbefore the commencement does not affect the validity or operation\nof the by-law or any action taken under it.\n\nPart 4.6 Transitional matters for Water Legislation Amendment Act 2023\nUnit Title Schemes Act 2009 73\nPart 4.6 Transitional matters for Water Legislation\nAmendment Act 2023\n120 Definition\ncommencement means the commencement of Part 4 of the Water\nLegislation Amendment Act 2023.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Applications for subdivision or consolidation made but not","content":"121 Applications for subdivision or consolidation made but not\ndetermined under Land Title Act 2000\nA request for registration of a scheme statement under section 54B\nof the Land Title Act 2000 that proposes to subdivide or consolidate\nland in a Restricted Water Extraction Area that was made but not\ndetermined by the Registrar-General before the commencement is\nsubject to the restrictions of sections 14A and 14B of the Water\nAct 1992 and the requirements of section 14C(2) of that Act.\n\nUnit Title Schemes Act 2009 74\nsections 77, 92 and 93\n","sortOrder":124},{"sectionNumber":"Part 1","sectionType":"part","heading":"Code of conduct for committee members","content":"Part 1 Code of conduct for committee members\nsection 77\nThis code applies to a committee member of a scheme.\nThe committee member must comply with this Act in relation to the\n3 Honesty, fairness and confidentiality\n(1) The committee member must act honestly and fairly in relation to\n(2) Without limiting subclause (1), the committee member must not\nunlawfully disclose to anyone confidential information held by the\nbody corporate (including, for example, confidential information\nabout a unit owner or unit occupier).\n4 Improper conduct\nThe committee member must not engage in conduct that would\nunreasonably affect a person's lawful enjoyment of the scheme\nland.\n5 Conflict of interests\nThe committee member must disclose to the committee any conflict\nof interests the member might have in relation to a matter before\nthe committee.\n\nUnit Title Schemes Act 2009 75\nPart 2 Code of conduct for body corporate manager\nand caretaking service contractor\nsection 92\nThis code applies to a person who is acting as the body corporate\nmanager or a caretaking service contractor of a scheme.\nThe person must comply with this Act in relation to the scheme.\n3 Honesty, fairness and professionalism\nThe person must act honestly, fairly and professionally in relation to\n4 Skill, care and diligence\nThe person must exercise reasonable skill, care and diligence in\nrelation to the scheme.\n5 Acting in best interests of body corporate\nThe person must act in the best interests of the body corporate\nunless it is unlawful to do so.\n6 Keeping body corporate informed\nThe person must keep the body corporate reasonably informed of a\nmatter concerning the body corporate.\n7 Ensuring others comply with Act\nThe person must take reasonable steps to ensure everyone\nemployed or engaged by the person for the scheme complies with\n8 Misleading conduct\nThe person must not engage in misleading conduct in relation to\n9 Unconscionable conduct\n(1) The person must not engage in unconscionable conduct in relation\nto the scheme.\n\nUnit Title Schemes Act 2009 76\n(2) Without limiting subclause (1), each of the following is\nunconscionable conduct in relation to the scheme:\n(a) requiring the body corporate to comply with conditions that are\nunlawful;\n(b) exerting undue influence on the body corporate or a unit\nowner or unit occupier;\n(c) using unfair tactics against the body corporate or a unit owner\nor unit occupier.\n10 Supply at competitive prices\nThe person must ensure goods and services arranged by the\nperson to be supplied for the scheme are supplied at competitive\nprices.\n11 Conflict with obligations\nThe person must not enter into any arrangement that conflicts with\nthe person's obligations in relation to the scheme.\n12 Record keeping\n(1) The body corporate or committee may require the person to\nproduce records kept by the person for the scheme under this Act.\n(2) The person must comply with the request.\n\nUnit Title Schemes Act 2009 77\nPart 3 Code of conduct for letting agent\nsection 93\nThis code applies to a person who is acting as a letting agent of a\nThe person must comply with this Act in relation to the scheme.\n3 Honesty, fairness and professionalism\nThe person must act honestly, fairly and professionally in relation to\n4 Skill, care and diligence\nThe person must exercise reasonable skill, care and diligence in\nrelation to the scheme.\n5 Acting in best interests of body corporate and unit owners\nThe person must act in the best interests of the body corporate and\nunit owners unless it is unlawful to do so.\n6 Ensuring others comply with Act\nThe person must take reasonable steps to ensure everyone\nemployed or engaged by the person for the scheme complies with\n7 Misleading conduct\nThe person must not engage in misleading conduct in relation to\n8 Unconscionable conduct\n(1) The person must not engage in unconscionable conduct in relation\nto the scheme.\n(2) Without limiting subclause (1), each of the following is\nunconscionable conduct in relation to the scheme:\n(a) exerting undue influence on the body corporate or a unit\nowner or unit occupier;\n\nUnit Title Schemes Act 2009 78\n(b) using unfair tactics against the body corporate or a unit owner\nor unit occupier.\n9 Improper conduct\nThe person must not engage in conduct that would unreasonably\naffect a person's lawful enjoyment of the scheme land.\n10 Supply at competitive prices\nThe person must ensure goods and services arranged by the\nperson to be supplied for the scheme are supplied at competitive\nprices.\n\nUnit Title Schemes Act 2009 79\nsection 95\n1 Improper conduct\n(1) A unit owner or unit occupier must not:\n(a) engage in conduct that would unreasonably affect a person's\nlawful enjoyment of the scheme land; or\n(b) allow a person (an invitee) invited by the unit owner or unit\noccupier to enter the scheme land to engage in such conduct.\n(2) Without limiting subclause (1), any of the following may be conduct\ncovered by subclause (1):\n(a) creating commotion or loud noises on the scheme land;\n(b) leaving things unattended on the scheme land.\n2 Disturbing common property\n(1) A unit owner or unit occupier must not physically disturb the\ncommon property (including, for example, by removing vegetation\nor fixtures on it) without the written approval of the body corporate.\n(2) Without limiting subclause (1), the body corporate may allow a unit\nowner or unit occupier to install a security device on the common\nproperty under such an approval.\n3 Parking of vehicle\nA unit owner or unit occupier must not:\n(a) without the written approval of the body corporate:\n(i) park a vehicle in an area of the scheme land not\ndesignated for the parking of vehicles; or\n(ii) allow an invitee to park a vehicle in such an area; or\n(b) without the approval of the unit owner of another unit – park a\nvehicle in an area of the scheme land designated for the\nparking of vehicles by the unit owner or unit occupier of the\nother unit; or\n(c) park a vehicle in an area of the scheme land designated for\nthe parking of vehicles only by invitees.\n\nUnit Title Schemes Act 2009 80\n4 Appearance of unit\n(1) A unit owner or unit occupier must not, without the written approval\nof the body corporate:\n(a) change the external appearance of the unit; or\n(b) display things (including, for example, washing or signs) on\nthe unit that are visible from outside the unit.\n(2) Subclause (1)(b) does not affect the display of a sign for the sale or\nletting of the unit.\n5 Inflammable substance\n(1) A unit owner or unit occupier must not, without the written approval\nof the body corporate, store an inflammable substance on the\nscheme land.\n(2) This clause does not affect:\n(a) the lawful storage of an inflammable substance for domestic\npurposes in the unit; or\n(b) the lawful storage of fuel in a vehicle, vessel or internal\ncombustion engine on the scheme land.\n6 Animal\nA unit owner or unit occupier must not, without the written approval\nof the body corporate:\n(a) bring an animal to, or keep an animal on, the scheme land; or\n(b) allow an invitee to do so.\n7 Approval of body corporate\n(1) An approval under these by-laws must be made by a majority\nresolution of the body corporate.\n(2) The body corporate may, when giving the approval, specify\nconditions of the approval and the period for which it is to be in\nforce.\n(3) If no such period is specified, the approval remains in force until the\nbody corporate decides to cancel it by a majority resolution.\n\nUnit Title Schemes Act 2009 81\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nDarwin Rates Amendment Act 2014 (Act No. 47, 2014)\nAssent date 8 December 2014\nCommenced 11 February 2015 (Gaz G6, 11 February 2015, p 7)\nTermination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014)\nAssent date 8 December 2014\nCommenced 1 January 2015 (s 2)\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc (Act rep by Act No. 33, 2019, before comm);\nrem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15,\n2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n","sortOrder":125},{"sectionNumber":"13","sectionType":"section","heading":"April 2016, p 4)","content":"13 April 2016, p 4)\n\nUnit Title Schemes Act 2009 82\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nAgents and Land Legislation Amendment Act 2019 (Act No. 6, 2019)\nAssent date 28 March 2019\nCommenced ss 3 to 5, 9 and 10, pts 3 to 5, ss 17, 25 to 27, 29, 33 and 34:\n1 May 2019 (Gaz G18, 1 May 2019, p 4);\nrem: 1 September 2019 (Gaz G26, 26 June 2019, p 7 and\nGaz G30, 24 July 2019, p 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nWater Legislation Amendment Act 2023 (Act No. 13, 2023)\nAssent date 31 May 2023\nCommenced 1 August 2023 (Gaz G14, 6 July 2023, p 1)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 5, 9, 10, 12, 25, 39, 51,\n58, 64, 72, 84, 85, 87, 106, 107, 109, 110, 112, 113 and 114.\n4 LIST OF AMENDMENTS\ns 4 amd No. 48, 2014, s 37\ns 5 amd No. 19, 2014, s 26; No. 48, 2014, s 38; No. 47, 2014, s 29; No. 3, 2016,\ns 33; No. 13, 2023, s 27\ns 8 sub No. 4, 2017, s 33\ns 8A ins No. 4, 2017, s 33\ns 9 amd No. 48, 2014, s 39\ns 12 amd No. 6, 2019, s 18\n\nUnit Title Schemes Act 2009 83\npt 2.2\ndiv 3 hdg rep No. 48, 2014, s 40\nss 13 – 17 rep No. 48, 2014, s 40\ns 18 amd No. 13, 2023, s 28\ns 20 amd No. 6, 2019, s 19\ns 21 amd No. 6, 2019, s 20\ns 22 amd No. 13, 2023, s 29\ns 39 amd No. 48, 2014, s 41\ns 40 amd No. 3, 2016, s 34\ns 59 amd No. 3, 2016, s 39\ns 61 amd No. 3, 2016, s 39\ns 71 amd No. 3, 2016, s 39\ns 72 amd No. 48, 2014, s 42; No. 3, 2016, s 39\ns 84 amd No. 48, 2014, s 43; No. 24, 2023, s 145\ns 85 sub No. 3, 2016, s 35\namd No. 6, 2019, s 21\ns 86 amd No. 3, 2016, s 36; No. 6, 2019, s 22; No. 24, 2023, s 146\ns 94 amd No. 25, 2009, s 10\nss 95A – 95D ins No. 6, 2019, s 23\nss 97 – 98 amd No. 3, 2016, s 39\nsub No. 6, 2019, s 24\npt 3.5\ndiv 3 hdg ins No. 6, 2019, s 24\nss 98A – 98F ins No. 6, 2019, s 24\ns 100 sub No. 6, 2019, s 25\ns 102A ins No. 6, 2019, s 26\ns 104 rep No. 3, 2016, s 37\ns 106 amd No. 47, 2014, s 29; No. 39, 2019, s 370\ns 108 amd No. 6, 2019, s 27\npt 4.4 hdg exp No. 14, 2009, s 187\ns 114 exp No. 14, 2009, s 114\ndiv 1 hdg exp No. 14, 2009, s 187\nss 115 – 116 exp No. 14, 2009, s 187\npt 4.5 hdg ins No. 6, 2019, s 28\nss 117 – 118 exp No. 14, 2009, s 187\nins No. 6, 2019, s 28\ns 119 exp No. 14, 2009, s 187\nins No. 6, 2019, s 28\namd No. 28, 2021, s 20\npt 4.6 hdg ins No. 13, 2023, s 30\nss 120 – 121 exp No. 14, 2009, s 187\nins No. 13, 2023, s 30\ndiv 2 hdg exp No. 14, 2009, s 187\ndiv 3 hdg exp No. 14, 2009, s 187\nss 122 – 123 exp No. 14, 2009, s 187\ndiv 4 hdg exp No. 14, 2009, s 187\nss 124 – 127 exp No. 14, 2009, s 187\ndiv 5 hdg exp No. 14, 2009, s 187\nss 128 – 129 exp No. 14, 2009, s 187\n\nUnit Title Schemes Act 2009 84\ndiv 6 hdg exp No. 14, 2009, s 187\nss 130 – 131 exp No. 14, 2009, s 187\ndiv 7 hdg exp No. 14, 2009, s 187\nss 132 – 136 exp No. 14, 2009, s 187\ndiv 8 hdg exp No. 14, 2009, s 187\nss 137 – 138 exp No. 14, 2009, s 187\ndiv 9 hdg exp No. 14, 2009, s 187\nss 139 – 141 exp No. 14, 2009, s 187\ndiv 10 hdg exp No. 14, 2009, s 187\nss 142 – 148 exp No. 14, 2009, s 187\ndiv 11 hdg exp No. 14, 2009, s 187\nss 149 – 152 exp No. 14, 2009, s 187\ndiv 12 hdg exp No. 14, 2009, s 187\nss 153 – 155 exp No. 14, 2009, s 187\ndiv 13 hdg exp No. 14, 2009, s 187\nss 156 – 159 exp No. 14, 2009, s 187\ndiv 14 hdg exp No. 14, 2009, s 187\nss 160 – 162 exp No. 14, 2009, s 187\ndiv 15 hdg exp No. 14, 2009, s 187\nss 163 – 176 exp No. 14, 2009, s 187\ndiv 16 hdg exp No. 14, 2009, s 187\nss 177 – 178 exp No. 14, 2009, s 187\ndiv 17 hdg exp No. 14, 2009, s 187\nss 179 – 182 exp No. 14, 2009, s 187\ndiv 18 hdg exp No. 14, 2009, s 187\nss 183 – 184 exp No. 14, 2009, s 187\ndiv 19 hdg exp No. 14, 2009, s 187\nss 185 – 186 exp No. 14, 2009, s 187\ndiv 20 hdg exp No. 14, 2009, s 187\ns 187 exp No. 14, 2009, s 187","sortOrder":126}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2850},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act has remained focused on its core purpose of regulating unit title schemes in the Northern Territory. While it has been significantly amended over time (particularly regarding the transfer of jurisdiction to the Civil and Administrative Tribunal in 2016, by-law certification processes in 2019, and water extraction restrictions in 2023), these amendments represent refinements and modernisations within the existing framework. Notably, the scope actually narrowed in 2014 when termination provisions were moved to a separate Act (the Termination of Units Plans and Unit Title Schemes Act 2014)."},"complexity_factors":["50+ defined terms in section 5, including layered concepts like 'subsidiary scheme,' 'higher scheme,' and 'original owner control period'","Five distinct voting thresholds (unanimous resolution, resolution without dissent, special resolution, majority resolution, ordinary resolution) with different calculation methods applied to different decisions throughout the Act","Extensive cross-referencing with the Planning Act 1999, Land Title Act 2000, and Agents Licensing Act 1979","Conditional logic for scheme statement endorsements — requirements vary depending on whether it's a first or subsequent statement, whether it involves by-law changes, or whether it implements progressive development","Nested exceptions in Part 3.5 Division 2 regarding by-law amendments and exclusive use by-laws, including special rules during 'original owner control periods'","Transitional provisions spanning four separate amending Acts (2009, 2016, 2019, 2023) with expired and re-inserted sections","Administrative oversight split between the Registrar-General (registration functions) and the Schemes Supervisor (education, conciliation, and by-law certification)"],"plain_english_summary":"This is the Northern Territory's main law governing **unit title schemes** — the legal structure used for apartments, townhouses, and other developments where people own individual units but share common areas like gardens, pools, and hallways (similar to \"strata title\" in other states).\n\n**Who it affects**\n- **Unit owners** and **renters** (called \"unit occupiers\" in the Act)\n- **Body corporates** — the legal entity made up of all unit owners that manages the shared property\n- **Developers** building new unit complexes\n- **Property managers**, letting agents, and service contractors\n\n**What it does**\n- **Creates the legal framework**: When land is subdivided into units, the Act automatically creates a body corporate that owns the common property and manages the scheme according to a registered **scheme statement** (the core document describing the land, units, and entitlements).\n- **Sets the rules**: Schemes must have **by-laws** (rules about behavior, pets, parking, appearance of units) and a **management module** (financial rules about budgets, levies, and bank accounts). The Act includes default by-laws in Schedule 2.\n- **Governance**: Establishes how decisions are made, requiring a **committee of management** to run day-to-day affairs. Different decisions need different levels of support — from simple majority votes for routine matters to \"unanimous resolutions\" (every single unit owner) for major changes like altering exclusive use rights.\n- **Protects buyers**: Developers must give buyers a **disclosure statement** before contracts are signed, revealing expected fees, planned future developments, and any defects. Buyers can cancel contracts if information is misleading.\n- **Manages complex developments**: Allows for **progressive development** (building in stages) and **layered schemes** (where one scheme sits inside another, such as a shopping complex within a larger mixed-use development).\n- **Insurance and damage**: Requires body corporates to insure common property for full reinstatement value and public liability (minimum $10 million). Sets out processes for rebuilding if scheme land is damaged.\n- **Resolves disputes**: Gives the **Civil and Administrative Tribunal** power to resolve conflicts between owners, the body corporate, and property managers — including ordering payment of money or changes to by-laws.\n\n**Why it matters**\nIf you own or rent a unit in the NT, this Act determines how much you pay in body corporate fees, what renovations you can make, how disputes with neighbors are resolved, and what happens when the building needs major repairs. It balances individual property rights with the collective responsibility of living in a shared community."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since its original enactment, the Act's scope has been extended beyond setting basic formation and governance rules for unit schemes to include active administrative oversight and certification, expanded dispute‑resolution powers, and sectoral regulatory controls. Notable scope additions include: (a) creation of a schemes supervisor with review and certification functions and education/conciliation roles (sections 99–101, 95B–95C); (b) a formal by‑law amendment certification and Tribunal review process (sections 95A–95D) that inserts an administrative gatekeeper over what were previously largely internal governance decisions; (c) Tribunal powers to appoint administrators and broader NTCAT conferral of jurisdiction (sections 98A–98F, 86); (d) codes of conduct for managers, caretaking contractors and letting agents and tighter rules on benefits and conflicts (sections 87–93, Schedule 1, section 89); and (e) specific sectoral integrations such as water extraction restrictions and requirements from the Water Act (section 18(1)(ca), section 22(2A), Part 4.6). These changes shift the law from a largely private‑governance regime toward one with stronger public administrative oversight and enforcement, increasing regulatory compliance obligations and administrative discretion (see cited sections)."},"complexity_factors":["Approx. 121 sections plus 2 schedules and multiple transitional parts (length and breadth of content)","Around 85 defined terms collected in section 5 (extensive definitions on which many provisions depend)","Numerous cross‑references to other Acts: Planning Act 1999, Land Title Act 2000, Water Act 1992, Registration Act 1927, Insurance Contracts Act 1984, Corporations Act 2001 and NTCAT/Civil & Administrative Tribunal Act (increasing external dependency)","Multiple conditional structures: formation, subsequent scheme statements, staged (progressive) development, layered and subsidiary schemes, amalgamation rules (sections 10–12, 62–72)","By‑law amendment certification and review procedure newly layered over ordinary corporate decision rules (sections 95A–95D) — adds administrative gatekeeping and appeal pathways","Several strict‑liability offences and specific time limits for lodging/notification (sections 20(3)–(4), 52(2), 59(6), 66(2), 95C(1)) increasing compliance risk","Parallel decisionmakers and oversight bodies (consent authority, Registrar‑General, schemes supervisor, Tribunal, Administrator) with overlapping roles (sections 18(3), 23, 95B–95D, 99–101, 86, 98B)","Management modules that may be prescribed or varied and which can displace default rules (section 94) — increases variability and conditional application","Transitional and amendment history (many inserted/amended sections) generates additional interpretive complexity","Multiple exceptions and limitations (e.g. limits on retrospective operation, exceptions for utility metering, protections for mortgagees) create nested rules and exclusions (see sections 19, 39(7), 55, 57)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a legal framework for \"unit title schemes\" — developments where individual lots (units, such as apartments) plus shared land or facilities (common property, such as driveways, pools or lift plant) are managed together (see sections 10, 32–33, 37).\n- A scheme is formed when a scheme statement is registered along with the subdivision plan (sections 10–11, 18). The scheme statement is the core document that defines the scheme land, the units, the common property, unit entitlements (shares), any staged development and selected by‑laws (section 18).\n- Owners of units become members of the body corporate (the collective legal entity that owns and manages common property). The body corporate has functions and powers to manage common property, hold assets, enter contracts, insure the property and sue or be sued (sections 24, 27–29, 52–55).\n- Many routine governance rules are set out or delegated to \"management modules\" and by‑laws. These cover meeting/voting rules, accounts, levies (contributions), delegations, committees and record access (sections 74–81, 94–95, Schedule 2).\n- The Act sets rules for sales of proposed units and requires sellers to give buyers disclosure statements with specified information; it gives buyers limited rights to cancel in some circumstances (sections 43–49).\n- Special development and structural arrangements are regulated: progressive staged developments, layered schemes (a scheme that sits over subsidiary schemes) and amalgamation options (sections 62–72, 64–69).\n- A dispute pathway is established: many kinds of scheme-related disputes can be brought to the Tribunal (Civil and Administrative Tribunal), which may make orders including monetary remedies, changes to by‑laws and enforcement directions (sections 84–86).\n- Administrative and compliance architecture is created: a schemes supervisor office (with review/certification and education/conciliation functions), Registrar‑General responsibilities for registration and notices, and Tribunal powers to appoint administrators for failing bodies corporate (sections 99–103, 95A–95D, 98A–98F).\n\nWho is affected (at a glance)\n\n- Developers and original owners: must prepare and lodge the first scheme statement, give disclosure when selling off‑the‑plan, and comply with obligations while they control a scheme (sections 18, 20, 45–49, 88).\n- Unit owners and occupiers: become members of the body corporate and are subject to scheme statements, management modules and by‑laws; they pay contributions and are affected by body corporate decisions, by‑laws and Tribunal orders (sections 11(2), 39, 79, 95).\n- Bodies corporate: hold and manage common property, insure it, engage managers/contractors, and must comply with certification, lodging and notice obligations (sections 27–29, 52–55, 95A–95C).\n- Service providers (body corporate managers, service contractors, letting agents): the Act imposes codes of conduct and restrictions on arrangements and benefits (sections 87–93, Schedule 1).\n- Regulators and adjudicators: consent authorities (planning), the Registrar‑General (registration), the schemes supervisor (review/certification, education, conciliation), and the Tribunal (disputes, administrators) have roles and decision powers (sections 18(3), 23, 95B–95D, 99–101, 86, 98B).\n\nWhy it matters (official purpose and an implementation test)\n\n- Official purpose: the Act is intended to \"facilitate the formation, development and administration of unit title schemes that are flexible and meet contemporary needs\" and to regulate how schemes operate (section 3). That explains requirements for scheme statements, staged development, layered schemes and statutory protections for buyers and owners.\n\n- Testing that purpose against practical costs, incentives and trade‑offs:\n  - Compliance and transactional costs. Preparing, endorsing and lodging scheme statements, running mandatory insurance, complying with by‑law certification and disclosure duties, and meeting Tribunal orders impose administrative and financial costs on developers, original owners and bodies corporate (sections 18, 20, 52–55, 95A–95C, 45–46). Penalties for strict liability offences are provided in several places (for example sections 20(3)–(4), 52(2), 59(6)).\n  - Allocation of who pays. The Act assigns some upfront costs to the original owner or the party required to prepare a subsequent statement (section 20(1)–(2)) and ongoing costs to unit owners through contributions (section 39(3)). Bodies corporate may be authorised to borrow, hold assets and levy owners (section 28(2), section 94(3)(f)).\n  - Limits on contract freedom and private arrangements. The Act restricts some private bargains: for example, bodies corporate cannot accept benefits for engaging managers or agents (section 89), and by‑laws are invalid to the extent they unlawfully restrict use of units or transactions (section 95(3)). The certification process for by‑law amendments (sections 95A–95C) gives an administrative gatekeeper role to the schemes supervisor and creates a review path via the Tribunal (section 95D).\n  - Administrative discretion and oversight. The schemes supervisor and Tribunal are given powers to certify or refuse by‑laws, provide conciliation, and appoint administrators for failing bodies corporate (sections 99–101, 95B–95D, 98B–98E). That central oversight can standardise outcomes and provide enforcement but shifts decision‑making away from purely private resolution to administrative review.\n  - Effects on business actors. Codes of conduct and restrictions seek to limit conflicts and unfair practices by managers, contractors and letting agents (sections 92–93, Schedule 1). That constrains suppliers’ ability to structure bundled deals or take commissions, potentially lowering opportunities for rent‑seeking but imposing compliance obligations on service providers.\n  - Transactional clarity vs. complexity. The requirement that the scheme statement (and subsequent statements) be in an approved form and be registered provides legal certainty about ownership and obligations (sections 18(1)–(3), 12). At the same time, the Act introduces layered and progressive scheme constructs, many cross‑references to other Acts (Planning Act 1999, Land Title Act 2000, Water Act 1992) and multiple conditional processes that increase legal complexity for practitioners (see sections 4, 18(1)(e), 62–72).\n\nWho pays, who decides, and what behaviour changes (concise)\n\n- Who pays: original owner/developer (first scheme statement costs, required notices) and unit owners (ongoing contributions, insurance, possible levies and additional insurance) (sections 20, 39, 52–57).\n- Who decides: the body corporate (and its committee) runs day‑to‑day decisions; the schemes supervisor certifies/amends by‑laws and provides guidance; the Tribunal resolves disputes and can appoint administrators; consent authority controls endorsement against planning approvals (sections 21, 95B–95D, 99–101, 86, 22(1)).\n- Behavioural changes promoted by the Act: developers must disclose and stage developments properly; bodies corporate must maintain insurance, keep records, hold meetings and follow management modules; service providers face conflict‑of‑interest and conduct rules; parties facing disputes are likely to use the Tribunal (sections 45–49, 52–55, 74–81, 87–93, 84–86).\n\nKey practical risks and trade‑offs\n\n- Implementation burden on small bodies corporate: certification, insurance minima, recordkeeping and possible Tribunal processes can be costly and administratively heavy, especially for small schemes (sections 52–55, 81, 95A–95C).\n- Discretion and delay risk: schemes supervisor and Tribunal review powers introduce potential delays and administrative discretion that can affect timing of by‑law changes, development stages or dispute resolution (sections 95B(5), 95D, 66).\n- Concentrated benefit vs diffuse cost: developers and larger service providers may gain from standardised authentication of arrangements, while many small unit owners collectively bear compliance costs through levies (sections 20, 89, 94).\n\nSections to consult first for practical application\n\n- What a scheme must contain and how it starts: sections 10–12 and 18–23.\n- Governance and decision rules: sections 24–31, 74–81, 94–95.\n- Insurance and reinstatement after damage: sections 52–61.\n- Sales, disclosures and buyer protections: sections 43–49.\n- Dispute resolution, Tribunal powers and administrators: sections 84–86 and 98A–98F.\n- Schemes supervisor, certification and by‑law amendment process: sections 95A–95D and 99–101.\n\nOverall: the Act establishes a detailed statutory framework that determines how unit schemes are created, governed, developed and enforced; it balances private decision‑making (through bodies corporate and management modules) with layered administrative oversight (through certification, the schemes supervisor and Tribunal powers), creating clearer standards but also adding compliance and administrative cost and discretion. (Cited sections appear throughout the summary.)"}},"importantCases":[],"_links":{"self":"/api/acts/unit-title-schemes-act-2009","history":"/api/acts/unit-title-schemes-act-2009/history","analysis":"/api/acts/unit-title-schemes-act-2009/analysis","conflicts":"/api/acts/unit-title-schemes-act-2009/conflicts","importantCases":"/api/acts/unit-title-schemes-act-2009/important-cases","documents":"/api/acts/unit-title-schemes-act-2009/documents"}}