sec.40Supply of information and copies by body corporate

### sec.40 Supply of information and copies by body corporate A body corporate incorporated by the registration of a plan shall, upon application made to it in writing in respect of a lot the subject of that plan by a prescribed person and on payment of the prescribed fee, do such 1 or more of the following things as are required of it in the application— inform the applicant of the name and address of each person who is the chairperson, secretary or treasurer of the body corporate or a member of the committee and of any person who has been appointed under section 50 or 94 as body corporate manager; make the following available for inspection by the applicant or the applicant’s agent— the roll; the notices and orders referred to in section 38D (1) (a) ; the plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates, diagrams and other documents delivered under section 5 (7E) or 29 (4) ; the minutes of general meetings of the body corporate and of the committee; the books of account of the body corporate; a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) ; every current policy of insurance effected by the body corporate and the receipt for the premium last paid in respect of each such policy; any other record or document in the custody or under the control of the body corporate; the by-laws for the time being in force; at such time and place as may be agreed upon by the applicant or the applicant’s agent and the body corporate and, failing agreement, at the parcel at a time and on a date fixed by the body corporate under subsection (2) ; furnish to the applicant or the applicant’s agent a copy of the by-laws for the time being in force or any part thereof within a period of 14 days commencing on the day next after the day on which the application is received by the body corporate. Where an applicant and a body corporate fail to reach an agreement referred to in subsection (1) (b) within 3 days after the receipt of the application by the body corporate, the body corporate shall forthwith send by post to the applicant a notice fixing a time, specified in the notice, between 9a.m. and 8p.m. on a date so specified, being a date not later than 14 days after the receipt of the application by the body corporate for the making of the inspection referred to in subsection (1) (b) . The body corporate shall permit any person to whom the by-laws are made available for inspection to make copies of or take extracts from the by-laws. For the purposes of subsection (1) — prescribed person means— a proprietor or mortgagee of the lot in respect of which the application is made or a person authorised in writing by that proprietor or mortgagee; or a person who signs (by himself, herself or the person’s agent) a contract for sale or other instrument that is intended to bind the person (absolutely or conditionally) to purchase the lot in respect of which the application is made from the proprietor of that lot or a person authorised in writing by the firstmentioned person. An application under subsection (1) by a person specified in provision (b) shall be supported by a statutory declaration under the Oaths Act 1867 unless the body corporate is otherwise satisfied that an applicant is such a person. s 40 amd 1988 No. 23 ss 29 , 84 ; 2022 No. 28 s 48 sch 1 ; 2023 No. 27 s 274 (sec.40-ssec.1) A body corporate incorporated by the registration of a plan shall, upon application made to it in writing in respect of a lot the subject of that plan by a prescribed person and on payment of the prescribed fee, do such 1 or more of the following things as are required of it in the application— inform the applicant of the name and address of each person who is the chairperson, secretary or treasurer of the body corporate or a member of the committee and of any person who has been appointed under section 50 or 94 as body corporate manager; make the following available for inspection by the applicant or the applicant’s agent— the roll; the notices and orders referred to in section 38D (1) (a) ; the plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates, diagrams and other documents delivered under section 5 (7E) or 29 (4) ; the minutes of general meetings of the body corporate and of the committee; the books of account of the body corporate; a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) ; every current policy of insurance effected by the body corporate and the receipt for the premium last paid in respect of each such policy; any other record or document in the custody or under the control of the body corporate; the by-laws for the time being in force; at such time and place as may be agreed upon by the applicant or the applicant’s agent and the body corporate and, failing agreement, at the parcel at a time and on a date fixed by the body corporate under subsection (2) ; furnish to the applicant or the applicant’s agent a copy of the by-laws for the time being in force or any part thereof within a period of 14 days commencing on the day next after the day on which the application is received by the body corporate. (sec.40-ssec.2) Where an applicant and a body corporate fail to reach an agreement referred to in subsection (1) (b) within 3 days after the receipt of the application by the body corporate, the body corporate shall forthwith send by post to the applicant a notice fixing a time, specified in the notice, between 9a.m. and 8p.m. on a date so specified, being a date not later than 14 days after the receipt of the application by the body corporate for the making of the inspection referred to in subsection (1) (b) . (sec.40-ssec.3) The body corporate shall permit any person to whom the by-laws are made available for inspection to make copies of or take extracts from the by-laws. (sec.40-ssec.5) For the purposes of subsection (1) — prescribed person means— a proprietor or mortgagee of the lot in respect of which the application is made or a person authorised in writing by that proprietor or mortgagee; or a person who signs (by himself, herself or the person’s agent) a contract for sale or other instrument that is intended to bind the person (absolutely or conditionally) to purchase the lot in respect of which the application is made from the proprietor of that lot or a person authorised in writing by the firstmentioned person. (sec.40-ssec.6) An application under subsection (1) by a person specified in provision (b) shall be supported by a statutory declaration under the Oaths Act 1867 unless the body corporate is otherwise satisfied that an applicant is such a person. - (a) inform the applicant of the name and address of each person who is the chairperson, secretary or treasurer of the body corporate or a member of the committee and of any person who has been appointed under section 50 or 94 as body corporate manager; - (b) make the following available for inspection by the applicant or the applicant’s agent— (i) the roll; (ii) the notices and orders referred to in section 38D (1) (a) ; (iii) the plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates, diagrams and other documents delivered under section 5 (7E) or 29 (4) ; (iv) the minutes of general meetings of the body corporate and of the committee; (v) the books of account of the body corporate; (vi) a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) ; (vii) every current policy of insurance effected by the body corporate and the receipt for the premium last paid in respect of each such policy; (viii) any other record or document in the custody or under the control of the body corporate; (ix) the by-laws for the time being in force; at such time and place as may be agreed upon by the applicant or the applicant’s agent and the body corporate and, failing agreement, at the parcel at a time and on a date fixed by the body corporate under subsection (2) ; - (i) the roll; - (ii) the notices and orders referred to in section 38D (1) (a) ; - (iii) the plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates, diagrams and other documents delivered under section 5 (7E) or 29 (4) ; - (iv) the minutes of general meetings of the body corporate and of the committee; - (v) the books of account of the body corporate; - (vi) a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) ; - (vii) every current policy of insurance effected by the body corporate and the receipt for the premium last paid in respect of each such policy; - (viii) any other record or document in the custody or under the control of the body corporate; - (ix) the by-laws for the time being in force; - (d) furnish to the applicant or the applicant’s agent a copy of the by-laws for the time being in force or any part thereof within a period of 14 days commencing on the day next after the day on which the application is received by the body corporate. - (i) the roll; - (ii) the notices and orders referred to in section 38D (1) (a) ; - (iii) the plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates, diagrams and other documents delivered under section 5 (7E) or 29 (4) ; - (iv) the minutes of general meetings of the body corporate and of the committee; - (v) the books of account of the body corporate; - (vi) a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) ; - (vii) every current policy of insurance effected by the body corporate and the receipt for the premium last paid in respect of each such policy; - (viii) any other record or document in the custody or under the control of the body corporate; - (ix) the by-laws for the time being in force; - (a) a proprietor or mortgagee of the lot in respect of which the application is made or a person authorised in writing by that proprietor or mortgagee; or - (b) a person who signs (by himself, herself or the person’s agent) a contract for sale or other instrument that is intended to bind the person (absolutely or conditionally) to purchase the lot in respect of which the application is made from the proprietor of that lot or a person authorised in writing by the firstmentioned person.