QLDIn ForceRegulation
Body Corporate and Community Management (Standard Module) Regulation 2020
sec.167Administrative and sinking funds
Start here
Get a plain-English read of sec.167
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management (Standard Module) Regulation 2020.
### sec.167 Administrative and sinking funds
The body corporate must establish and keep an administrative fund and a sinking fund.
The body corporate must pay into its administrative fund any amount received by the body corporate that is not required under subsection (3) to be paid into its sinking fund.
The body corporate must pay into its sinking fund—
the amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and
amounts received under policies of insurance for destruction of items of a major capital nature; and
interest from investment of the sinking fund.
The administrative and sinking funds may be invested in the way a trustee may invest trust funds.
All amounts received by the body corporate for the credit of the administrative or sinking fund must be paid into 1 or more accounts kept solely in the name of the body corporate at a financial institution.
All payments from the administrative or sinking fund must be made from the account or accounts.
Funds must not be transferred between the administrative fund and the sinking fund.
All payments from the administrative or sinking fund may be made only on receipt of—
a written request for payment; or
written evidence of payment, including, for example, a receipt.
(sec.167-ssec.1) The body corporate must establish and keep an administrative fund and a sinking fund.
(sec.167-ssec.2) The body corporate must pay into its administrative fund any amount received by the body corporate that is not required under subsection (3) to be paid into its sinking fund.
(sec.167-ssec.3) The body corporate must pay into its sinking fund— the amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and amounts received under policies of insurance for destruction of items of a major capital nature; and interest from investment of the sinking fund.
(sec.167-ssec.4) The administrative and sinking funds may be invested in the way a trustee may invest trust funds.
(sec.167-ssec.5) All amounts received by the body corporate for the credit of the administrative or sinking fund must be paid into 1 or more accounts kept solely in the name of the body corporate at a financial institution.
(sec.167-ssec.6) All payments from the administrative or sinking fund must be made from the account or accounts.
(sec.167-ssec.7) Funds must not be transferred between the administrative fund and the sinking fund.
(sec.167-ssec.8) All payments from the administrative or sinking fund may be made only on receipt of— a written request for payment; or written evidence of payment, including, for example, a receipt.
- (a) the amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and
- (b) amounts received under policies of insurance for destruction of items of a major capital nature; and
- (c) interest from investment of the sinking fund.
- (a) a written request for payment; or
- (b) written evidence of payment, including, for example, a receipt.