Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011
sec.17Termination for conviction of particular offences etc.
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sec.17 Termination for conviction of particular offences etc.
The body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person (including, if the person is a corporation, a director of the corporation)— is convicted (whether or not a conviction is recorded) of an indictable offence involving fraud or dishonesty; or is convicted (whether or not a conviction is recorded) on indictment of an assault or an offence involving an assault; or carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or transfers an interest in the engagement without the body corporate’s approval. The body corporate may act under subsection (1) only if the termination is approved by a lot owner agreement. In this section— indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code , section 659 , applies to the indictable offence. (sec.17-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person (including, if the person is a corporation, a director of the corporation)— is convicted (whether or not a conviction is recorded) of an indictable offence involving fraud or dishonesty; or is convicted (whether or not a conviction is recorded) on indictment of an assault or an offence involving an assault; or carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or transfers an interest in the engagement without the body corporate’s approval. (sec.17-ssec.2) The body corporate may act under subsection (1) only if the termination is approved by a lot owner agreement. (sec.17-ssec.3) In this section— indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code , section 659 , applies to the indictable offence.
- (a) is convicted (whether or not a conviction is recorded) of an indictable offence involving fraud or dishonesty; or
- (b) is convicted (whether or not a conviction is recorded) on indictment of an assault or an offence involving an assault; or
- (c) carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or
- (d) transfers an interest in the engagement without the body corporate’s approval.