sec.19Submission for consideration of motions at committee meetings—generally [ SM, s 58 ]

sec.19 Submission for consideration of motions at committee meetings—generally [ SM, s 58 ]

This section does not apply in relation to a motion for consideration at a meeting of the committee if— under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and the motion is about whether to approve a request to keep or bring an animal on a lot or common property. A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 138 (2) . Subject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following— as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion. The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted— a motion about the same issue; or 6 or more motions. If the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided. The committee must not decide a motion if— a decision on the motion would be a decision on a restricted issue for the committee; or the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason. The motion is taken to be not agreed to if— the committee does not decide the motion within the decision period; or the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary. s 19 amd 2024 SL No. 40 s 36 (sec.19-ssec.1) This section does not apply in relation to a motion for consideration at a meeting of the committee if— under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and the motion is about whether to approve a request to keep or bring an animal on a lot or common property. (sec.19-ssec.2) A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 138 (2) . (sec.19-ssec.3) Subject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following— as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion. (sec.19-ssec.4) The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted— a motion about the same issue; or 6 or more motions. (sec.19-ssec.5) If the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided. (sec.19-ssec.6) The committee must not decide a motion if— a decision on the motion would be a decision on a restricted issue for the committee; or the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason. (sec.19-ssec.7) The motion is taken to be not agreed to if— the committee does not decide the motion within the decision period; or the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.