Body Corporate and Community Management Act 1997
sec.20Implied application of regulations and other provisions of Corporations legislation
Start here
Get a plain-English read of sec.20
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management Act 1997.
sec.20 Implied application of regulations and other provisions of Corporations legislation
Unless a declaratory provision provides otherwise, the following provisions of the Corporations legislation, or of an Act, regulations or other instrument forming part of the Corporations legislation, are also taken to apply to a matter that is the subject of a declaratory provision as if they were laws of the State— the provisions of any regulations made under the applied law; any provision of the Corporations legislation, or of an Act, regulations or other instrument forming part of the Corporations legislation, that creates an offence in relation to a contravention of the applied law or specifies the penalty for an offence created by a provision of the applied law; the provisions of part 9.4 B of the new Corporations Act for the purposes of any provision of the applied law that is a civil penalty provision within the meaning of that part. The regulations may prescribe changes (whether generally or in relation to a particular applied law) of any of the provisions that are also taken to apply to a matter by force of subsection (1) for the purposes of that application. (sec.20-ssec.1) Unless a declaratory provision provides otherwise, the following provisions of the Corporations legislation, or of an Act, regulations or other instrument forming part of the Corporations legislation, are also taken to apply to a matter that is the subject of a declaratory provision as if they were laws of the State— the provisions of any regulations made under the applied law; any provision of the Corporations legislation, or of an Act, regulations or other instrument forming part of the Corporations legislation, that creates an offence in relation to a contravention of the applied law or specifies the penalty for an offence created by a provision of the applied law; the provisions of part 9.4 B of the new Corporations Act for the purposes of any provision of the applied law that is a civil penalty provision within the meaning of that part. (sec.20-ssec.2) The regulations may prescribe changes (whether generally or in relation to a particular applied law) of any of the provisions that are also taken to apply to a matter by force of subsection (1) for the purposes of that application.
- (a) the provisions of any regulations made under the applied law;
- (b) any provision of the Corporations legislation, or of an Act, regulations or other instrument forming part of the Corporations legislation, that creates an offence in relation to a contravention of the applied law or specifies the penalty for an offence created by a provision of the applied law;
- (c) the provisions of part 9.4 B of the new Corporations Act for the purposes of any provision of the applied law that is a civil penalty provision within the meaning of that part.