Body Corporate and Community Management Act 1997
sec.16Effect of declaratory provisions
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sec.16 Effect of declaratory provisions
Subject to this part, a declaratory provision has effect in relation to a matter as follows— if the declaratory provision is one to which section 15 (1) (a) applies—the whole of the Corporations legislation applies to the matter as if it were a law of the State; if the declaratory provision is one to which section 15 (1) (b) applies—the Act , regulations or other instrument specified by the declaratory provision applies or apply to the matter as if it or they were a law or laws of the State; if the declaratory provision is one to which section 15 (1) (c) applies—the provision or provisions specified by the declaratory provision applies or apply in relation to the matter as if it or they were a law or laws of the State. A provision applied to a matter by a declaratory provision, or taken by force of section 20 (1) to apply to the matter, is applied as in force for the time being unless the declaratory provision applies it as in force at a particular time specified by the declaratory provision. (sec.16-ssec.1) Subject to this part, a declaratory provision has effect in relation to a matter as follows— if the declaratory provision is one to which section 15 (1) (a) applies—the whole of the Corporations legislation applies to the matter as if it were a law of the State; if the declaratory provision is one to which section 15 (1) (b) applies—the Act , regulations or other instrument specified by the declaratory provision applies or apply to the matter as if it or they were a law or laws of the State; if the declaratory provision is one to which section 15 (1) (c) applies—the provision or provisions specified by the declaratory provision applies or apply in relation to the matter as if it or they were a law or laws of the State. (sec.16-ssec.2) A provision applied to a matter by a declaratory provision, or taken by force of section 20 (1) to apply to the matter, is applied as in force for the time being unless the declaratory provision applies it as in force at a particular time specified by the declaratory provision.
- (a) if the declaratory provision is one to which section 15 (1) (a) applies—the whole of the Corporations legislation applies to the matter as if it were a law of the State;
- (b) if the declaratory provision is one to which section 15 (1) (b) applies—the Act , regulations or other instrument specified by the declaratory provision applies or apply to the matter as if it or they were a law or laws of the State;
- (c) if the declaratory provision is one to which section 15 (1) (c) applies—the provision or provisions specified by the declaratory provision applies or apply in relation to the matter as if it or they were a law or laws of the State.