sec.41Exemption from certain provisions of Act

### sec.41 Exemption from certain provisions of Act Where all of the proprietors of lots contained in a plan reside permanently in their respective lots the body corporate may by resolution without dissent resolve that any one or more of the following provisions of this Act shall not apply to that body corporate— section 74 (a) and (b) ; schedule 2 , part 2 , sections 1 (4) (d) , (5) , (6) , (7) , (8) and (10) , 4 (b) , 5 (b) , 6 and 8 ; schedule 4 , section 10 (f) insofar as that section casts a duty upon a secretary of the body corporate and any regulation prescribing any procedure for the carrying out of that duty. A resolution pursuant to subsection (1) shall cease to be a resolution of the body corporate if the proprietor of any lot ceases to reside permanently therein. Where subsections (1) and (1A) do not apply to a body corporate, it may by resolution without dissent resolve to make an application on any 1 or more of the prescribed grounds to the referee for an order that any 1 or more of the provisions of this Act specified in subsection (1) shall not apply to that body corporate. An application made by a body corporate pursuant to subsection (2) shall be in the approved form, be accompanied by the prescribed fee (if any) and specify the grounds upon which the application is made. Where the referee considers that the grounds specified in an application made pursuant to subsection (2) justify the making of an order the referee may make an order specifying which provision or provisions of this Act specified in subsection (1) shall not apply to the body corporate which made the application. Where, upon an application by a proprietor or the body corporate for an order under this subsection, a referee considers that such an order should be made, the referee may by order— revoke an order made under subsection (4) ; or vary an order made under subsection (4) ; or determine that the order made under subsection (4) shall apply or shall not apply to the extent indicated in the order and either generally or in respect of the applicant. The provisions of part 5 shall so far as applicable apply to the making of an order under this section. For so long as a resolution made under subsection (1) or an order made under subsection (4) or (4A) subsists, the provisions of this Act the subject of the resolution or, as the case may be, order shall not apply to the extent indicated in the resolution or order. s 41 amd 1988 No. 23 s 31 ; 2021 No. 12 s 148 sch 3 (sec.41-ssec.1) Where all of the proprietors of lots contained in a plan reside permanently in their respective lots the body corporate may by resolution without dissent resolve that any one or more of the following provisions of this Act shall not apply to that body corporate— section 74 (a) and (b) ; schedule 2 , part 2 , sections 1 (4) (d) , (5) , (6) , (7) , (8) and (10) , 4 (b) , 5 (b) , 6 and 8 ; schedule 4 , section 10 (f) insofar as that section casts a duty upon a secretary of the body corporate and any regulation prescribing any procedure for the carrying out of that duty. (sec.41-ssec.1A) A resolution pursuant to subsection (1) shall cease to be a resolution of the body corporate if the proprietor of any lot ceases to reside permanently therein. (sec.41-ssec.2) Where subsections (1) and (1A) do not apply to a body corporate, it may by resolution without dissent resolve to make an application on any 1 or more of the prescribed grounds to the referee for an order that any 1 or more of the provisions of this Act specified in subsection (1) shall not apply to that body corporate. (sec.41-ssec.3) An application made by a body corporate pursuant to subsection (2) shall be in the approved form, be accompanied by the prescribed fee (if any) and specify the grounds upon which the application is made. (sec.41-ssec.4) Where the referee considers that the grounds specified in an application made pursuant to subsection (2) justify the making of an order the referee may make an order specifying which provision or provisions of this Act specified in subsection (1) shall not apply to the body corporate which made the application. (sec.41-ssec.4A) Where, upon an application by a proprietor or the body corporate for an order under this subsection, a referee considers that such an order should be made, the referee may by order— revoke an order made under subsection (4) ; or vary an order made under subsection (4) ; or determine that the order made under subsection (4) shall apply or shall not apply to the extent indicated in the order and either generally or in respect of the applicant. (sec.41-ssec.5) The provisions of part 5 shall so far as applicable apply to the making of an order under this section. (sec.41-ssec.6) For so long as a resolution made under subsection (1) or an order made under subsection (4) or (4A) subsists, the provisions of this Act the subject of the resolution or, as the case may be, order shall not apply to the extent indicated in the resolution or order. - (a) section 74 (a) and (b) ; - (b) schedule 2 , part 2 , sections 1 (4) (d) , (5) , (6) , (7) , (8) and (10) , 4 (b) , 5 (b) , 6 and 8 ; - (c) schedule 4 , section 10 (f) insofar as that section casts a duty upon a secretary of the body corporate and any regulation prescribing any procedure for the carrying out of that duty. - (a) revoke an order made under subsection (4) ; or - (b) vary an order made under subsection (4) ; or - (c) determine that the order made under subsection (4) shall apply or shall not apply to the extent indicated in the order and either generally or in respect of the applicant.