sec.5Savings and transitional

### sec.5 Savings and transitional In this section— appointed day means the date fixed by proclamation under section 2 . continued body corporate means a body corporate continued by the operation of subsection (3) . former Acts mean the Building Units Titles Act 1965 and the Group Titles Act 1973 . former building units plan means a building units plan registered under the Building Units Titles Act 1965 , and includes a building units plan of resubdivision registered under that Act. former by-law means a by-law within the meaning of the former Acts that was in force immediately before the appointed day. former common property means so much of a former parcel as, immediately before the appointed day, was not comprised in any former lot. former group titles plan means a group titles plan registered under the Group Titles Act 1973 , and includes a group titles plan of resubdivision registered under that Act. former lot means a lot or unit under the former Acts as it existed immediately before the appointed day. former parcel means land which, immediately before the appointed day, comprised the former lots and the former common property the subject of a former plan. former plan means a former building units plan or a former group titles plan. former proprietor means a person who, immediately before the appointed day, was a proprietor of a former lot. For the purposes of the application of any provision of this Act to or in respect of a plan to which the provisions of this Act apply by reason of subsection (5) , a reference to an original proprietor is a reference to the person who held the former parcel in fee simple at the time of registration of the former plan in respect thereof. The express application with or without modification of any provision of this Act by any provision of this section to or in respect of any act, matter or thing referred to in this section shall not, except in so far as a contrary intention appears, be construed as preventing or limiting the application of any other provision of this Act to that or any other act, matter or thing. Notwithstanding section 9 or 10 a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision within the meaning of the former Acts which is first lodged for registration after the appointed day may be registered as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be, but shall not be so registered unless— the requirements of the former Acts have been or are complied with in so far as those requirements relate to the registration of a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be; and in the case of a building units plan—the certificate referred to in the Building Units Titles Act 1965 , section 4 (6) (b) states that the approval given by the local authority to the erection of that building was given not earlier than 2 years before the appointed day; and in the case of a group titles plan—the certificate referred to in the Group Titles Act 1973 , section 4 (5) states that the decision of the local authority to approve in principle the application for that certificate was given not earlier than 2 years before the appointed day. Without limiting the generality of subsection (2) (a) , for the purpose of enabling a person to comply, as referred to in that subsection, with the requirements of the former Acts— the provisions of the Building Units Titles Act 1965 , section 20 (other than subsection (4) (a) , (c) , (d) , (e) , (f) and (g) ) apply to and in respect of an application for a certificate referred to in section 4 (6) (b) of that Act relating to the proposed subdivision illustrated by a building units plan or building units plan of resubdivision referred to in subsection (2) ; and the provisions of the Group Titles Act 1973 , section 18 (other than subsection (5) (a) , (c) , (d) , (e) , (f) and (g) ) apply to and in respect of an application for a certificate referred to in section 4 (5) of that Act, relating to the proposed subdivision illustrated by a group titles plan or group titles plan of resubdivision referred to in subsection (2) ; as if the former Acts had not been repealed. Where a plan is registered under subsection (2) , the land comprised in the plan shall be deemed to have been subdivided under this Act into lots and common property in the same manner as that land would have been subdivided if that plan had been registered under the former Acts and any such lots or common property shall, for the purposes of this Act, be deemed to be lots or common property. For the purposes of the registration of a plan under subsection (2) , the reference in section 10 (5) to a building units plan of resubdivision or a group titles plan of resubdivision shall be construed as a reference to a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965 , section 20 (4) or, as the case may be, a group titles plan of resubdivision within the meaning of the Group Titles Act 1973 , section 18 (5) . Where, under any provision of this Act, any act, matter or thing depends on or results from (either directly or indirectly) the registration of a plan, that provision operates in relation to the registration of a plan under subsection (2) in the same way as it operates in relation to the registration of a plan. Subject to subsections (2) to (2D) and (2F) to (2H) , a reference in this Act to a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision includes a reference to a plan registered under subsection (2) as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be. The address endorsed, as referred to in the Building Units Titles Act 1965 , section 4 (1) (h) or the Group Titles Act 1973 , section 4 (1) (h) , upon a plan registered under subsection (2) shall, for the purposes of this Act, be deemed to be the address for the service of notices on the body corporate concerned until that address is altered in accordance with this Act. The schedule endorsed, as referred to in the Building Units Titles Act 1965 , section 18 or the Group Titles Act 1973 , section 15 , upon a plan (not being a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965 , section 20 (4) or a group titles plan of resubdivision within the meaning of the Group Titles Act 1973 , section 18 (5) ) registered under subsection (2) shall, for the purposes of this Act, be deemed to be the schedule referred to in section 9 (1) (f) or 9 (2) (f) , as the case may be. A reference to a lot or unit shown in a plan capable of being registered under subsection (2) made in any instrument executed before the registration of that plan under subsection (2) (being an instrument relating to the sale or other disposition of an estate or interest in the lot or unit so shown) shall, on and after the registration of that plan, be construed as a reference to the lot which corresponds to the lot or unit so shown. A body corporate, constituted under the former Acts in relation to a former plan— shall continue notwithstanding the repeal of the former Acts; and shall, on the appointed day, be deemed to be the body corporate constituted under section 27 (1) in respect of that plan; and notwithstanding section 27 (1) , shall have as its corporate name its corporate name under the former Acts. A person who, immediately before the appointed day— had an estate or interest in a former lot, has on that day the same estate or interest in the lot which corresponds to that former lot; or had an estate or interest (not being a right or special privilege referred to in subsection (11) ) in former common property, has on that day the same estate or interest in the common property which corresponds to that former common property. Subject to this section, the provisions of this Act shall, on and from the appointed day, apply to and in respect of— a former building units titles plan as if it were a building units titles plan; and a former group titles plan as if it were a group titles plan; and a former parcel as if it were a parcel; and a former lot as if it were a lot; and former common property as if it were common property; and the unit entitlements or, as the case may be, lot entitlements endorsed on a former plan as if they were lot entitlements endorsed on a registered plan. Where a transfer or lease of any common property under the former Acts— would under the Building Units Titles Act 1965 , section 10 or the Group Titles Act 1973 , section 9 have been registrable had this Act not been enacted but had not, before the appointed day, been lodged for registration under those Acts; and was executed pursuant to an agreement entered into by the body corporate before the appointed day; that transfer or lease, upon its lodgement in the land registry, shall be dealt with under section 22 (11) as if it were a transfer or lease referred to in section 22 (1) . Where, in relation to a continued body corporate the original proprietor is not, on the appointed day, the proprietor of any lots the subject of the plan and— a general meeting of that body corporate has not been held before the appointed day, a general meeting of that body corporate shall be held within 3 months after the appointed day, and that general meeting shall, for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate; or a general meeting of that body corporate has been held before the appointed day, the last general meeting of that body corporate held before that day shall, for the purposes of section 29A be deemed to have been the first annual general meeting. Where, in relation to a continued body corporate, the original proprietor was, on the appointed day, the proprietor of a lot the subject of the plan, then— if a general meeting of that body corporate has not been held before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 —a general meeting of that body corporate shall be held within 3 months after that commencement and that general meeting shall, for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate; or the last annual general meeting of that body corporate held before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 or, if no such meeting has been held, the last general meeting held before that commencement shall, for the purposes only of section 29A , be deemed to have been a valid meeting and the first annual general meeting of the body corporate. If a meeting of the body corporate is not held in accordance with subsection (7) (a) or (7A) (a) , the referee may, pursuant to an application by a proprietor or first mortgagee of a lot appoint, by order, a person to convene a general meeting within such time as may be specified in the order and the meeting convened by that person shall for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate. An order made under subsection (7B) may include such ancillary or consequential provisions as the referee thinks fit. The agenda for a meeting convened under subsection (7) (a) , (7A) (a) or (7B) shall be the agenda specified in section 29 (2) . The original proprietor shall not fail or neglect to deliver to the body corporate (being a body corporate a general meeting of which is required to be held under subsection (7) (a) or (7A) (a) ), within 14 days after notice in writing is given to the original proprietor by the body corporate or if the documents referred to in paragraphs (a) and (b) are not then in the original proprietor’s possession within 14 days after they come into the original proprietor’s possession or under the original proprietor’s control— all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and any book of account, notice or other record relating to the plan; and the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis; other than documents which exclusively evidence rights or obligations of the original proprietor and which are not capable of being used for the benefit of the body corporate or any of the proprietors, other than the original proprietor. Maximum penalty—13 1 / 3 penalty units. Notwithstanding subsection (7) (b) or (7A) (b) , upon a resolution, carried by the body corporate in general meeting held within 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 , to that effect, a reference in section 29A to the first annual general meeting shall, from the date of the resolution or from such earlier date as may be specified in the resolution, be read and construed as a reference to the date on which the last annual general meeting of the body corporate held before the appointed day was held. Notwithstanding schedule 2 , for the purposes of any general meeting of a continued body corporate, being a general meeting held before the expiration of 2 months after the appointed day— the procedure for the convening and holding of meetings of such a body corporate and the rights of persons to vote at and to requisition meetings of such a body corporate shall be the same as they were under the former Acts; and where a notice is given to the body corporate under section 53 (3) , (5) or (6) —the mortgagee specified in the notice shall have the same voting rights as the mortgagee would have had if the meeting had been held in accordance with the former Acts and if the notice were a notice given under the Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section 24 (2) . The reference in section 33 to a notice served on the proprietor of a lot by a public authority or local government includes a reference to a notice served, before the appointed day, by a public or local authority on the proprietor of a former lot. Subject to subsection (11) , the former by-laws relating to a former plan, together with such of the by-laws set out in schedule 3 as are not inconsistent with the former by-laws, shall be the by-laws relating to the corresponding plan to which the provisions of this Act apply by reason of subsection (5) save to the extent of any inconsistency of the former by-laws with any provision of this Act other than schedule 3 . It is hereby declared that, notwithstanding any addition to or amendment or repeal of any of the by-laws set forth in the Building Units Titles Act 1965 , schedule 2 or, as the case may be, in the Group Titles Act 1973 , schedule 2 before the appointed day, those by-laws were part of the former by-laws relating to a former plan. However, if, at any time before the expiration of 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 , the body corporate lodges with the registrar of titles a notification in the prescribed form of any such addition, amendment or repeal (having been made before that commencement by a by-law or former by-law that was valid at the time it was made) upon the registrar of titles recording the notification on the corresponding plan, those by-laws as added to, amended or repealed as particularised in the notification shall be deemed to be part of the former by-laws relating to the former plan. In relation to that plan those by-laws shall be deemed to be the by-laws set forth in schedule 3 and the provisions of this Act shall apply thereto. Where immediately before the appointed day a proprietor of a former lot was entitled, whether pursuant to a resolution of the body corporate under the former Acts or pursuant to a former by-law, to a right of exclusive use and enjoyment of, or special privileges in respect of, any of the former common property, the proprietor for the time being of the lot shall continue to be entitled to that right or those special privileges and the resolution or former by-law, as the case may be, shall be deemed to be a by-law made pursuant to section 30 (7) . Any contribution levied under the former Acts by a body corporate and unpaid at the appointed day may be recovered by the continued body corporate as if it were a contribution levied under this Act. Any determination made under the former Acts by a body corporate specifying amounts to be raised by regular periodic contributions shall be deemed to be a determination made under the provisions of section 38 (1) (j) of a kind referred to in the provisions of section 38 (4) until the repeal of each of those provisions by the Building Units and Group Titles Act Amendment Act 1988 , and, on and from the commencement of section 5 of that Act, under section 38A (1) of a kind referred to in section 38A (5) . A continued body corporate shall cause to be retained, until the expiration of the prescribed period, any records, minutes of meetings, notices and books of account kept or received by it before the appointed day and in its custody or under its control on that day and upon application under section 40 (1) made in respect of a lot the subject of the plan concerned shall make those records, minutes, notices and books available for inspection by the applicant or the applicant’s agent at a time and place ascertained in accordance with section 40 (1) (b) . Section 40 (2) applies to the making of an inspection referred to in subsection (14) in the same way as it applies to the making of an inspection referred to in section 40 (1) (b) . Where a determination made under the Building Units Titles Act 1965 , section 15 (2) (b) or the Group Titles Act 1973 , section 13 (2) (b) by a continued body corporate was in force immediately before the appointed day, that determination shall be deemed to be the determination required to be made by that body corporate under the provisions of section 38 (1) (j) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38A (1) . Where a fund was, immediately before the appointed day, kept under the Building Units Titles Act 1965 , section 15 (2) (a) or the Group Titles Act 1973 , section 13 (2) (a) by a continued body corporate that fund shall, on the appointed day, be deemed to be the fund required to be established by that body corporate under the provisions of section 38 (1) (l) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38 (1) . In relation to a continued body corporate to which the provisions of the Building Units and Group Titles Act 1980 , section 5 (15) (c) (which provisions have been repealed by the Building Units and Group Titles Act Amendment Act 1988 ) applied, in section 38A (1) the words ‘Within 14 days after the registration of the plan and from time to time thereafter’ shall be read and construed as ‘From time to time’. In relation to a continued body corporate which had, before the appointed day, made a determination under the Building Units Titles Act 1965 , section 15 (2) (b) or the Group Titles Act 1973 , section 13 (2) (b) but had not before that day established a fund under the Building Units Titles Act 1965 , section 15 (2) (a) or the Group Titles Act 1973 , section 13 (2) (a) , in the Building Units and Group Titles Act 1980 , section 38 (1) (l) which has been repealed by the Building Units and Group Titles Act Amendment Act 1988 the words ‘upon first determining the amounts referred to in paragraph (j) ’ shall be read as ‘upon receiving any amounts raised pursuant to a determination referred to in section 5 (15) (a) ’. A continued body corporate which, before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 has not— made a determination specified in the Building Units and Group Titles Act 1980 , section 38 (1) (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 ; or established a sinking fund specified in the Building Units and Group Titles Act 1980 , section 38 (1) (m) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 ; shall within 12 months of that commencement— in a case referred to in paragraph (a) —make a determination specified in section 38A (2) ; and in all cases—establish a sinking fund specified in section 38 (4) and (5) . Until a continued body corporate establishes its sinking fund— it may disburse the moneys in its administrative fund for the purpose of meeting its liabilities referred to in the Building Units and Group Titles Act 1980 , section 38 (1) (j) or (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 or section 38A ; and the Building Units and Group Titles Act 1980 , section 38 (3) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 and section 38 (3) do not apply to that body corporate. Upon the establishment of its sinking fund a continued body corporate shall— determine what part of its administrative fund should be allocated for the purpose of meeting its actual or expected liabilities referred to in section 38A (2) ; and notwithstanding section 38 (3) , transfer the amount so determined to its sinking fund. A notice given under the Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section 24 (2) before the appointed day by a mortgagee to a body corporate shall, for the purpose of the making by the body corporate of a recording under section 39 (3) (c) of the name of the mortgagee of the lot specified in the notice, be deemed to be a notice given to that body corporate under section 53 (3) and for the purpose of completing the recording in the roll required by section 39 (3) (c) — the address (if any) specified in the notice as the address of the mortgagee shall be deemed to be the address for the service of notices on the mortgagee shown in a notice given to the body corporate under section 53 (3) ; and where more than 1 notice is given to a body corporate before the appointed day—the body corporate shall record as the first mortgagee of the lot, the mortgagee first entitled in priority under the former Acts. Any notice given before the appointed day by a mortgagor of a former lot to a body corporate, being a notice of the discharge of a mortgage notice of which had been given to the body corporate under the Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section 24 (2) shall, for the purpose of the making under section 39 (3) (e) by the body corporate of a recording of the discharge of that mortgage, be deemed to be a notice given to that body corporate under section 53 (4) . For the purposes of section 40 (1) (c) , any contribution levied under the former Acts by a body corporate and unpaid before the appointed day shall— if levied pursuant to a determination specifying amounts to be raised by regular periodic contributions, be deemed to be a contribution determined under section 38A (1) ; or except as provided in paragraph (a) , be deemed to be a contribution determined under section 38A (2) . Each council of a body corporate within the meaning of the Building Units and Group Titles Act 1980 and in existence immediately before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 shall on and from that commencement be a committee of that body corporate and all references to such a council in any Act (other than this Act) or other document or writing by whatever means expressed shall be taken to be a reference to the relevant committee. Section 53 extends to authorising the giving by any person to a continued body corporate of a notice after the occurrence of any event specified in that section notwithstanding that that event occurred before the appointed day. Section 55 does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965 , section 15 (1) (a) or the Group Titles Act 1973 , section 13 (1) (a) until the expiry of that policy. Section 56 (1) (a) does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965 , section 15 (1) (b) or the Group Titles Act 1973 , section 13 (1) (b) until the expiry of that policy. Sections 57 (2) and 60 apply to and in respect of a policy of insurance entered into in accordance with the former Acts before the appointed day between a continued body corporate and an insurer in the same way as those sections apply to and in respect of a contract of insurance entered into between a body corporate and an insurer pursuant to part 4 , division 6 . Notwithstanding the repeal of the Building Units Titles Act 1965 , section 17 of that Act continues to apply to and in respect of a policy of insurance referred to in that section entered into before the appointed day until the expiry of that policy as if this Act had not been enacted. A valuation of a former parcel made by the valuer-general in accordance with the Building Units Titles Act 1965 , section 21 (2) (a) or the Group Titles Act 1973 , section 19 (2) (a) and in force immediately before the appointed day shall, for the purposes of this Act, be deemed to be a valuation made in accordance with section 62 (1) by the chief executive (valuations). In relation to a parcel to which the provisions of this Act apply by reason of subsection (5) a valuation of which had not, at the appointed day, been made in accordance with the Building Units Titles Act 1965 , section 21 (2) (a) or the Group Titles Act 1973 , section 19 (2) (a) in section 62 (2) the words ‘the registration of a plan’ shall be read as ‘the appointed day’. Save where particulars of the lot entitlements of lots are endorsed upon a copy of a registered plan (or amendment thereof) furnished by the registrar of titles under section 14 , the particulars of the lot entitlements of any former lots shown on a certified copy of the building units plan referred to in the Building Units Titles Act 1965 , section 21 (3) or a group titles plan referred to in the Group Titles Act 1973 , section 19 (3) or on any amendment thereof and furnished to any authority referred to in the Building Units Titles Act 1965 , section 21 (3) or the Group Titles Act 1973 , section 19 (3) shall for the purposes of section 63 be deemed to be particulars endorsed on a plan furnished to that authority under section 14 of the lot entitlements of the lots. Any proceedings under the Building Units Titles Act 1965 , section 19 (1) or the Group Titles Act 1973 , section 16 (1) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25 . A declaration made under the Building Units Titles Act 1965 , section 19 (1) (b) or the Group Titles Act 1973 , section 16 (1) (b) (ii) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall have the same force and effect as if this Act had not been enacted. Any proceedings for an order referred to in the Building Units Titles Act 1965 , section 19 (3) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25 (7) . An order made under the Building Units Titles Act 1965 , section 19 (3) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall, subject to subsection (23D) , have the same force and effect as if this Act had not been enacted. An order referred to in the Building Units Titles Act 1965 , section 19 (3) may be varied in the same way as if it were an order made under section 25 . Notwithstanding the repeal of the former Acts— the Building Units Titles Act 1965 , section 11 and the regulations made under that section continue to apply to and in respect of a building which before the appointed day was destroyed within the meaning of that Act and the parcel on which that building was situated; the Group Titles Act 1973 , section 17 and the regulations made under that section continue to apply to and in respect of a plan which before the appointed day was extinguished within the meaning of that Act. A person who, immediately before the appointed day, held office as an administrator under the Building Units Titles Act 1965 , section 23 or the Group Titles Act 1973 , section 21 shall, notwithstanding the repeal of the former Acts, continue to have the powers and duties the person had, as the holder of that office, immediately before the appointed day. The provisions of the Building Units Titles Act 1965 , section 23 or the Group Titles Act 1973 , section 21 continue to apply to and in respect of a person holding office as referred to in subsection (24) notwithstanding the repeal of the former Acts. Where immediately before the appointed day an application under the Building Units Titles Act 1965 , section 23 (1) or the Group Titles Act 1973 , section 21 (1) was pending, the Court shall remit the application to such referee as it thinks fit on such terms and conditions (including terms and conditions relating to the payment of the costs of the application up to the date of the remittal) as it thinks fit and an application so remitted shall be deemed to be an application capable of being made under section 94 . A continued body corporate may recover any amount referred to in the Building Units Titles Act 1965 , section 16 (1) or the Group Titles Act 1973 , section 14 (1) paid by it, whether before or after the appointed day, as if the Building Units Titles Act 1965 , section 16 (3) or the Group Titles Act 1973 , section 14 (3) had not been repealed by this Act. The Governor in Council may, for the purposes of bringing lots, units, common areas, common property, bodies corporate and councils, within the meaning of the former Acts, under the provisions of this Act and applying the provisions of this Act, with or without modifications, additions or exclusions to or in respect of any such lots, units, common areas, common property, bodies corporate or committees, and for any purposes incidental thereto, make regulations containing such transitional, consequential or savings provisions as the Governor in Council considers necessary or expedient. A regulation made under subsection (26) may make provisions which differ in their application according to such factors as may be specified in the regulation. s 5 amd 1988 No. 23 s 5 ; 1992 No. 64 s 3 sch 1 ; 2005 No. 14 s 2 sch (sec.5-ssec.1) In this section— appointed day means the date fixed by proclamation under section 2 . continued body corporate means a body corporate continued by the operation of subsection (3) . former Acts mean the Building Units Titles Act 1965 and the Group Titles Act 1973 . former building units plan means a building units plan registered under the Building Units Titles Act 1965 , and includes a building units plan of resubdivision registered under that Act. former by-law means a by-law within the meaning of the former Acts that was in force immediately before the appointed day. former common property means so much of a former parcel as, immediately before the appointed day, was not comprised in any former lot. former group titles plan means a group titles plan registered under the Group Titles Act 1973 , and includes a group titles plan of resubdivision registered under that Act. former lot means a lot or unit under the former Acts as it existed immediately before the appointed day. former parcel means land which, immediately before the appointed day, comprised the former lots and the former common property the subject of a former plan. former plan means a former building units plan or a former group titles plan. former proprietor means a person who, immediately before the appointed day, was a proprietor of a former lot. (sec.5-ssec.1A) For the purposes of the application of any provision of this Act to or in respect of a plan to which the provisions of this Act apply by reason of subsection (5) , a reference to an original proprietor is a reference to the person who held the former parcel in fee simple at the time of registration of the former plan in respect thereof. (sec.5-ssec.1B) The express application with or without modification of any provision of this Act by any provision of this section to or in respect of any act, matter or thing referred to in this section shall not, except in so far as a contrary intention appears, be construed as preventing or limiting the application of any other provision of this Act to that or any other act, matter or thing. (sec.5-ssec.2) Notwithstanding section 9 or 10 a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision within the meaning of the former Acts which is first lodged for registration after the appointed day may be registered as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be, but shall not be so registered unless— the requirements of the former Acts have been or are complied with in so far as those requirements relate to the registration of a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be; and in the case of a building units plan—the certificate referred to in the Building Units Titles Act 1965 , section 4 (6) (b) states that the approval given by the local authority to the erection of that building was given not earlier than 2 years before the appointed day; and in the case of a group titles plan—the certificate referred to in the Group Titles Act 1973 , section 4 (5) states that the decision of the local authority to approve in principle the application for that certificate was given not earlier than 2 years before the appointed day. (sec.5-ssec.2A) Without limiting the generality of subsection (2) (a) , for the purpose of enabling a person to comply, as referred to in that subsection, with the requirements of the former Acts— the provisions of the Building Units Titles Act 1965 , section 20 (other than subsection (4) (a) , (c) , (d) , (e) , (f) and (g) ) apply to and in respect of an application for a certificate referred to in section 4 (6) (b) of that Act relating to the proposed subdivision illustrated by a building units plan or building units plan of resubdivision referred to in subsection (2) ; and the provisions of the Group Titles Act 1973 , section 18 (other than subsection (5) (a) , (c) , (d) , (e) , (f) and (g) ) apply to and in respect of an application for a certificate referred to in section 4 (5) of that Act, relating to the proposed subdivision illustrated by a group titles plan or group titles plan of resubdivision referred to in subsection (2) ; as if the former Acts had not been repealed. (sec.5-ssec.2B) Where a plan is registered under subsection (2) , the land comprised in the plan shall be deemed to have been subdivided under this Act into lots and common property in the same manner as that land would have been subdivided if that plan had been registered under the former Acts and any such lots or common property shall, for the purposes of this Act, be deemed to be lots or common property. (sec.5-ssec.2C) For the purposes of the registration of a plan under subsection (2) , the reference in section 10 (5) to a building units plan of resubdivision or a group titles plan of resubdivision shall be construed as a reference to a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965 , section 20 (4) or, as the case may be, a group titles plan of resubdivision within the meaning of the Group Titles Act 1973 , section 18 (5) . (sec.5-ssec.2D) Where, under any provision of this Act, any act, matter or thing depends on or results from (either directly or indirectly) the registration of a plan, that provision operates in relation to the registration of a plan under subsection (2) in the same way as it operates in relation to the registration of a plan. (sec.5-ssec.2E) Subject to subsections (2) to (2D) and (2F) to (2H) , a reference in this Act to a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision includes a reference to a plan registered under subsection (2) as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be. (sec.5-ssec.2F) The address endorsed, as referred to in the Building Units Titles Act 1965 , section 4 (1) (h) or the Group Titles Act 1973 , section 4 (1) (h) , upon a plan registered under subsection (2) shall, for the purposes of this Act, be deemed to be the address for the service of notices on the body corporate concerned until that address is altered in accordance with this Act. (sec.5-ssec.2G) The schedule endorsed, as referred to in the Building Units Titles Act 1965 , section 18 or the Group Titles Act 1973 , section 15 , upon a plan (not being a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965 , section 20 (4) or a group titles plan of resubdivision within the meaning of the Group Titles Act 1973 , section 18 (5) ) registered under subsection (2) shall, for the purposes of this Act, be deemed to be the schedule referred to in section 9 (1) (f) or 9 (2) (f) , as the case may be. (sec.5-ssec.2H) A reference to a lot or unit shown in a plan capable of being registered under subsection (2) made in any instrument executed before the registration of that plan under subsection (2) (being an instrument relating to the sale or other disposition of an estate or interest in the lot or unit so shown) shall, on and after the registration of that plan, be construed as a reference to the lot which corresponds to the lot or unit so shown. (sec.5-ssec.3) A body corporate, constituted under the former Acts in relation to a former plan— shall continue notwithstanding the repeal of the former Acts; and shall, on the appointed day, be deemed to be the body corporate constituted under section 27 (1) in respect of that plan; and notwithstanding section 27 (1) , shall have as its corporate name its corporate name under the former Acts. (sec.5-ssec.4) A person who, immediately before the appointed day— had an estate or interest in a former lot, has on that day the same estate or interest in the lot which corresponds to that former lot; or had an estate or interest (not being a right or special privilege referred to in subsection (11) ) in former common property, has on that day the same estate or interest in the common property which corresponds to that former common property. (sec.5-ssec.5) Subject to this section, the provisions of this Act shall, on and from the appointed day, apply to and in respect of— a former building units titles plan as if it were a building units titles plan; and a former group titles plan as if it were a group titles plan; and a former parcel as if it were a parcel; and a former lot as if it were a lot; and former common property as if it were common property; and the unit entitlements or, as the case may be, lot entitlements endorsed on a former plan as if they were lot entitlements endorsed on a registered plan. (sec.5-ssec.6) Where a transfer or lease of any common property under the former Acts— would under the Building Units Titles Act 1965 , section 10 or the Group Titles Act 1973 , section 9 have been registrable had this Act not been enacted but had not, before the appointed day, been lodged for registration under those Acts; and was executed pursuant to an agreement entered into by the body corporate before the appointed day; that transfer or lease, upon its lodgement in the land registry, shall be dealt with under section 22 (11) as if it were a transfer or lease referred to in section 22 (1) . (sec.5-ssec.7) Where, in relation to a continued body corporate the original proprietor is not, on the appointed day, the proprietor of any lots the subject of the plan and— a general meeting of that body corporate has not been held before the appointed day, a general meeting of that body corporate shall be held within 3 months after the appointed day, and that general meeting shall, for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate; or a general meeting of that body corporate has been held before the appointed day, the last general meeting of that body corporate held before that day shall, for the purposes of section 29A be deemed to have been the first annual general meeting. (sec.5-ssec.7A) Where, in relation to a continued body corporate, the original proprietor was, on the appointed day, the proprietor of a lot the subject of the plan, then— if a general meeting of that body corporate has not been held before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 —a general meeting of that body corporate shall be held within 3 months after that commencement and that general meeting shall, for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate; or the last annual general meeting of that body corporate held before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 or, if no such meeting has been held, the last general meeting held before that commencement shall, for the purposes only of section 29A , be deemed to have been a valid meeting and the first annual general meeting of the body corporate. (sec.5-ssec.7B) If a meeting of the body corporate is not held in accordance with subsection (7) (a) or (7A) (a) , the referee may, pursuant to an application by a proprietor or first mortgagee of a lot appoint, by order, a person to convene a general meeting within such time as may be specified in the order and the meeting convened by that person shall for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate. (sec.5-ssec.7C) An order made under subsection (7B) may include such ancillary or consequential provisions as the referee thinks fit. (sec.5-ssec.7D) The agenda for a meeting convened under subsection (7) (a) , (7A) (a) or (7B) shall be the agenda specified in section 29 (2) . (sec.5-ssec.7E) The original proprietor shall not fail or neglect to deliver to the body corporate (being a body corporate a general meeting of which is required to be held under subsection (7) (a) or (7A) (a) ), within 14 days after notice in writing is given to the original proprietor by the body corporate or if the documents referred to in paragraphs (a) and (b) are not then in the original proprietor’s possession within 14 days after they come into the original proprietor’s possession or under the original proprietor’s control— all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and any book of account, notice or other record relating to the plan; and the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis; other than documents which exclusively evidence rights or obligations of the original proprietor and which are not capable of being used for the benefit of the body corporate or any of the proprietors, other than the original proprietor. Maximum penalty—13 1 / 3 penalty units. (sec.5-ssec.7F) Notwithstanding subsection (7) (b) or (7A) (b) , upon a resolution, carried by the body corporate in general meeting held within 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 , to that effect, a reference in section 29A to the first annual general meeting shall, from the date of the resolution or from such earlier date as may be specified in the resolution, be read and construed as a reference to the date on which the last annual general meeting of the body corporate held before the appointed day was held. (sec.5-ssec.8) Notwithstanding schedule 2 , for the purposes of any general meeting of a continued body corporate, being a general meeting held before the expiration of 2 months after the appointed day— the procedure for the convening and holding of meetings of such a body corporate and the rights of persons to vote at and to requisition meetings of such a body corporate shall be the same as they were under the former Acts; and where a notice is given to the body corporate under section 53 (3) , (5) or (6) —the mortgagee specified in the notice shall have the same voting rights as the mortgagee would have had if the meeting had been held in accordance with the former Acts and if the notice were a notice given under the Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section 24 (2) . (sec.5-ssec.9) The reference in section 33 to a notice served on the proprietor of a lot by a public authority or local government includes a reference to a notice served, before the appointed day, by a public or local authority on the proprietor of a former lot. (sec.5-ssec.10) Subject to subsection (11) , the former by-laws relating to a former plan, together with such of the by-laws set out in schedule 3 as are not inconsistent with the former by-laws, shall be the by-laws relating to the corresponding plan to which the provisions of this Act apply by reason of subsection (5) save to the extent of any inconsistency of the former by-laws with any provision of this Act other than schedule 3 . (sec.5-ssec.10A) It is hereby declared that, notwithstanding any addition to or amendment or repeal of any of the by-laws set forth in the Building Units Titles Act 1965 , schedule 2 or, as the case may be, in the Group Titles Act 1973 , schedule 2 before the appointed day, those by-laws were part of the former by-laws relating to a former plan. (sec.5-ssec.10B) However, if, at any time before the expiration of 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 , the body corporate lodges with the registrar of titles a notification in the prescribed form of any such addition, amendment or repeal (having been made before that commencement by a by-law or former by-law that was valid at the time it was made) upon the registrar of titles recording the notification on the corresponding plan, those by-laws as added to, amended or repealed as particularised in the notification shall be deemed to be part of the former by-laws relating to the former plan. (sec.5-ssec.10C) In relation to that plan those by-laws shall be deemed to be the by-laws set forth in schedule 3 and the provisions of this Act shall apply thereto. (sec.5-ssec.11) Where immediately before the appointed day a proprietor of a former lot was entitled, whether pursuant to a resolution of the body corporate under the former Acts or pursuant to a former by-law, to a right of exclusive use and enjoyment of, or special privileges in respect of, any of the former common property, the proprietor for the time being of the lot shall continue to be entitled to that right or those special privileges and the resolution or former by-law, as the case may be, shall be deemed to be a by-law made pursuant to section 30 (7) . (sec.5-ssec.12) Any contribution levied under the former Acts by a body corporate and unpaid at the appointed day may be recovered by the continued body corporate as if it were a contribution levied under this Act. (sec.5-ssec.12A) Any determination made under the former Acts by a body corporate specifying amounts to be raised by regular periodic contributions shall be deemed to be a determination made under the provisions of section 38 (1) (j) of a kind referred to in the provisions of section 38 (4) until the repeal of each of those provisions by the Building Units and Group Titles Act Amendment Act 1988 , and, on and from the commencement of section 5 of that Act, under section 38A (1) of a kind referred to in section 38A (5) . (sec.5-ssec.14) A continued body corporate shall cause to be retained, until the expiration of the prescribed period, any records, minutes of meetings, notices and books of account kept or received by it before the appointed day and in its custody or under its control on that day and upon application under section 40 (1) made in respect of a lot the subject of the plan concerned shall make those records, minutes, notices and books available for inspection by the applicant or the applicant’s agent at a time and place ascertained in accordance with section 40 (1) (b) . (sec.5-ssec.14A) Section 40 (2) applies to the making of an inspection referred to in subsection (14) in the same way as it applies to the making of an inspection referred to in section 40 (1) (b) . (sec.5-ssec.15) Where a determination made under the Building Units Titles Act 1965 , section 15 (2) (b) or the Group Titles Act 1973 , section 13 (2) (b) by a continued body corporate was in force immediately before the appointed day, that determination shall be deemed to be the determination required to be made by that body corporate under the provisions of section 38 (1) (j) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38A (1) . (sec.5-ssec.15A) Where a fund was, immediately before the appointed day, kept under the Building Units Titles Act 1965 , section 15 (2) (a) or the Group Titles Act 1973 , section 13 (2) (a) by a continued body corporate that fund shall, on the appointed day, be deemed to be the fund required to be established by that body corporate under the provisions of section 38 (1) (l) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38 (1) . (sec.5-ssec.15B) In relation to a continued body corporate to which the provisions of the Building Units and Group Titles Act 1980 , section 5 (15) (c) (which provisions have been repealed by the Building Units and Group Titles Act Amendment Act 1988 ) applied, in section 38A (1) the words ‘Within 14 days after the registration of the plan and from time to time thereafter’ shall be read and construed as ‘From time to time’. (sec.5-ssec.15C) In relation to a continued body corporate which had, before the appointed day, made a determination under the Building Units Titles Act 1965 , section 15 (2) (b) or the Group Titles Act 1973 , section 13 (2) (b) but had not before that day established a fund under the Building Units Titles Act 1965 , section 15 (2) (a) or the Group Titles Act 1973 , section 13 (2) (a) , in the Building Units and Group Titles Act 1980 , section 38 (1) (l) which has been repealed by the Building Units and Group Titles Act Amendment Act 1988 the words ‘upon first determining the amounts referred to in paragraph (j) ’ shall be read as ‘upon receiving any amounts raised pursuant to a determination referred to in section 5 (15) (a) ’. (sec.5-ssec.15D) A continued body corporate which, before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 has not— made a determination specified in the Building Units and Group Titles Act 1980 , section 38 (1) (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 ; or established a sinking fund specified in the Building Units and Group Titles Act 1980 , section 38 (1) (m) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 ; shall within 12 months of that commencement— in a case referred to in paragraph (a) —make a determination specified in section 38A (2) ; and in all cases—establish a sinking fund specified in section 38 (4) and (5) . (sec.5-ssec.15E) Until a continued body corporate establishes its sinking fund— it may disburse the moneys in its administrative fund for the purpose of meeting its liabilities referred to in the Building Units and Group Titles Act 1980 , section 38 (1) (j) or (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 or section 38A ; and the Building Units and Group Titles Act 1980 , section 38 (3) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 and section 38 (3) do not apply to that body corporate. (sec.5-ssec.15F) Upon the establishment of its sinking fund a continued body corporate shall— determine what part of its administrative fund should be allocated for the purpose of meeting its actual or expected liabilities referred to in section 38A (2) ; and notwithstanding section 38 (3) , transfer the amount so determined to its sinking fund. (sec.5-ssec.16) A notice given under the Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section 24 (2) before the appointed day by a mortgagee to a body corporate shall, for the purpose of the making by the body corporate of a recording under section 39 (3) (c) of the name of the mortgagee of the lot specified in the notice, be deemed to be a notice given to that body corporate under section 53 (3) and for the purpose of completing the recording in the roll required by section 39 (3) (c) — the address (if any) specified in the notice as the address of the mortgagee shall be deemed to be the address for the service of notices on the mortgagee shown in a notice given to the body corporate under section 53 (3) ; and where more than 1 notice is given to a body corporate before the appointed day—the body corporate shall record as the first mortgagee of the lot, the mortgagee first entitled in priority under the former Acts. (sec.5-ssec.16A) Any notice given before the appointed day by a mortgagor of a former lot to a body corporate, being a notice of the discharge of a mortgage notice of which had been given to the body corporate under the Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section 24 (2) shall, for the purpose of the making under section 39 (3) (e) by the body corporate of a recording of the discharge of that mortgage, be deemed to be a notice given to that body corporate under section 53 (4) . (sec.5-ssec.17) For the purposes of section 40 (1) (c) , any contribution levied under the former Acts by a body corporate and unpaid before the appointed day shall— if levied pursuant to a determination specifying amounts to be raised by regular periodic contributions, be deemed to be a contribution determined under section 38A (1) ; or except as provided in paragraph (a) , be deemed to be a contribution determined under section 38A (2) . (sec.5-ssec.18) Each council of a body corporate within the meaning of the Building Units and Group Titles Act 1980 and in existence immediately before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 shall on and from that commencement be a committee of that body corporate and all references to such a council in any Act (other than this Act) or other document or writing by whatever means expressed shall be taken to be a reference to the relevant committee. (sec.5-ssec.19) Section 53 extends to authorising the giving by any person to a continued body corporate of a notice after the occurrence of any event specified in that section notwithstanding that that event occurred before the appointed day. (sec.5-ssec.20) Section 55 does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965 , section 15 (1) (a) or the Group Titles Act 1973 , section 13 (1) (a) until the expiry of that policy. (sec.5-ssec.20A) Section 56 (1) (a) does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965 , section 15 (1) (b) or the Group Titles Act 1973 , section 13 (1) (b) until the expiry of that policy. (sec.5-ssec.20B) Sections 57 (2) and 60 apply to and in respect of a policy of insurance entered into in accordance with the former Acts before the appointed day between a continued body corporate and an insurer in the same way as those sections apply to and in respect of a contract of insurance entered into between a body corporate and an insurer pursuant to part 4 , division 6 . (sec.5-ssec.20C) Notwithstanding the repeal of the Building Units Titles Act 1965 , section 17 of that Act continues to apply to and in respect of a policy of insurance referred to in that section entered into before the appointed day until the expiry of that policy as if this Act had not been enacted. (sec.5-ssec.21) A valuation of a former parcel made by the valuer-general in accordance with the Building Units Titles Act 1965 , section 21 (2) (a) or the Group Titles Act 1973 , section 19 (2) (a) and in force immediately before the appointed day shall, for the purposes of this Act, be deemed to be a valuation made in accordance with section 62 (1) by the chief executive (valuations). (sec.5-ssec.21A) In relation to a parcel to which the provisions of this Act apply by reason of subsection (5) a valuation of which had not, at the appointed day, been made in accordance with the Building Units Titles Act 1965 , section 21 (2) (a) or the Group Titles Act 1973 , section 19 (2) (a) in section 62 (2) the words ‘the registration of a plan’ shall be read as ‘the appointed day’. (sec.5-ssec.22) Save where particulars of the lot entitlements of lots are endorsed upon a copy of a registered plan (or amendment thereof) furnished by the registrar of titles under section 14 , the particulars of the lot entitlements of any former lots shown on a certified copy of the building units plan referred to in the Building Units Titles Act 1965 , section 21 (3) or a group titles plan referred to in the Group Titles Act 1973 , section 19 (3) or on any amendment thereof and furnished to any authority referred to in the Building Units Titles Act 1965 , section 21 (3) or the Group Titles Act 1973 , section 19 (3) shall for the purposes of section 63 be deemed to be particulars endorsed on a plan furnished to that authority under section 14 of the lot entitlements of the lots. (sec.5-ssec.23) Any proceedings under the Building Units Titles Act 1965 , section 19 (1) or the Group Titles Act 1973 , section 16 (1) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25 . (sec.5-ssec.23A) A declaration made under the Building Units Titles Act 1965 , section 19 (1) (b) or the Group Titles Act 1973 , section 16 (1) (b) (ii) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall have the same force and effect as if this Act had not been enacted. (sec.5-ssec.23B) Any proceedings for an order referred to in the Building Units Titles Act 1965 , section 19 (3) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25 (7) . (sec.5-ssec.23C) An order made under the Building Units Titles Act 1965 , section 19 (3) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall, subject to subsection (23D) , have the same force and effect as if this Act had not been enacted. (sec.5-ssec.23D) An order referred to in the Building Units Titles Act 1965 , section 19 (3) may be varied in the same way as if it were an order made under section 25 . (sec.5-ssec.23E) Notwithstanding the repeal of the former Acts— the Building Units Titles Act 1965 , section 11 and the regulations made under that section continue to apply to and in respect of a building which before the appointed day was destroyed within the meaning of that Act and the parcel on which that building was situated; the Group Titles Act 1973 , section 17 and the regulations made under that section continue to apply to and in respect of a plan which before the appointed day was extinguished within the meaning of that Act. (sec.5-ssec.24) A person who, immediately before the appointed day, held office as an administrator under the Building Units Titles Act 1965 , section 23 or the Group Titles Act 1973 , section 21 shall, notwithstanding the repeal of the former Acts, continue to have the powers and duties the person had, as the holder of that office, immediately before the appointed day. (sec.5-ssec.24A) The provisions of the Building Units Titles Act 1965 , section 23 or the Group Titles Act 1973 , section 21 continue to apply to and in respect of a person holding office as referred to in subsection (24) notwithstanding the repeal of the former Acts. (sec.5-ssec.24B) Where immediately before the appointed day an application under the Building Units Titles Act 1965 , section 23 (1) or the Group Titles Act 1973 , section 21 (1) was pending, the Court shall remit the application to such referee as it thinks fit on such terms and conditions (including terms and conditions relating to the payment of the costs of the application up to the date of the remittal) as it thinks fit and an application so remitted shall be deemed to be an application capable of being made under section 94 . (sec.5-ssec.25) A continued body corporate may recover any amount referred to in the Building Units Titles Act 1965 , section 16 (1) or the Group Titles Act 1973 , section 14 (1) paid by it, whether before or after the appointed day, as if the Building Units Titles Act 1965 , section 16 (3) or the Group Titles Act 1973 , section 14 (3) had not been repealed by this Act. (sec.5-ssec.26) The Governor in Council may, for the purposes of bringing lots, units, common areas, common property, bodies corporate and councils, within the meaning of the former Acts, under the provisions of this Act and applying the provisions of this Act, with or without modifications, additions or exclusions to or in respect of any such lots, units, common areas, common property, bodies corporate or committees, and for any purposes incidental thereto, make regulations containing such transitional, consequential or savings provisions as the Governor in Council considers necessary or expedient. (sec.5-ssec.27) A regulation made under subsection (26) may make provisions which differ in their application according to such factors as may be specified in the regulation. - (a) the requirements of the former Acts have been or are complied with in so far as those requirements relate to the registration of a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be; and - (b) in the case of a building units plan—the certificate referred to in the Building Units Titles Act 1965 , section 4 (6) (b) states that the approval given by the local authority to the erection of that building was given not earlier than 2 years before the appointed day; and - (c) in the case of a group titles plan—the certificate referred to in the Group Titles Act 1973 , section 4 (5) states that the decision of the local authority to approve in principle the application for that certificate was given not earlier than 2 years before the appointed day. - (a) the provisions of the Building Units Titles Act 1965 , section 20 (other than subsection (4) (a) , (c) , (d) , (e) , (f) and (g) ) apply to and in respect of an application for a certificate referred to in section 4 (6) (b) of that Act relating to the proposed subdivision illustrated by a building units plan or building units plan of resubdivision referred to in subsection (2) ; and - (b) the provisions of the Group Titles Act 1973 , section 18 (other than subsection (5) (a) , (c) , (d) , (e) , (f) and (g) ) apply to and in respect of an application for a certificate referred to in section 4 (5) of that Act, relating to the proposed subdivision illustrated by a group titles plan or group titles plan of resubdivision referred to in subsection (2) ; - (a) shall continue notwithstanding the repeal of the former Acts; and - (b) shall, on the appointed day, be deemed to be the body corporate constituted under section 27 (1) in respect of that plan; and - (c) notwithstanding section 27 (1) , shall have as its corporate name its corporate name under the former Acts. - (a) had an estate or interest in a former lot, has on that day the same estate or interest in the lot which corresponds to that former lot; or - (b) had an estate or interest (not being a right or special privilege referred to in subsection (11) ) in former common property, has on that day the same estate or interest in the common property which corresponds to that former common property. - (a) a former building units titles plan as if it were a building units titles plan; and - (b) a former group titles plan as if it were a group titles plan; and - (c) a former parcel as if it were a parcel; and - (d) a former lot as if it were a lot; and - (e) former common property as if it were common property; and - (f) the unit entitlements or, as the case may be, lot entitlements endorsed on a former plan as if they were lot entitlements endorsed on a registered plan. - (a) would under the Building Units Titles Act 1965 , section 10 or the Group Titles Act 1973 , section 9 have been registrable had this Act not been enacted but had not, before the appointed day, been lodged for registration under those Acts; and - (b) was executed pursuant to an agreement entered into by the body corporate before the appointed day; - (a) a general meeting of that body corporate has not been held before the appointed day, a general meeting of that body corporate shall be held within 3 months after the appointed day, and that general meeting shall, for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate; or - (b) a general meeting of that body corporate has been held before the appointed day, the last general meeting of that body corporate held before that day shall, for the purposes of section 29A be deemed to have been the first annual general meeting. - (a) if a general meeting of that body corporate has not been held before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 —a general meeting of that body corporate shall be held within 3 months after that commencement and that general meeting shall, for the purposes of this Act (other than section 29 (4) ) be the first annual general meeting of the body corporate; or - (b) the last annual general meeting of that body corporate held before the commencement of the Building Units and Group Titles Act Amendment Act 1988 , section 5 or, if no such meeting has been held, the last general meeting held before that commencement shall, for the purposes only of section 29A , be deemed to have been a valid meeting and the first annual general meeting of the body corporate. - (a) all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and - (b) any book of account, notice or other record relating to the plan; and - (c) the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis; - (a) the procedure for the convening and holding of meetings of such a body corporate and the rights of persons to vote at and to requisition meetings of such a body corporate shall be the same as they were under the former Acts; and - (b) where a notice is given to the body corporate under section 53 (3) , (5) or (6) —the mortgagee specified in the notice shall have the same voting rights as the mortgagee would have had if the meeting had been held in accordance with the former Acts and if the notice were a notice given under the Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section 24 (2) . - (a) made a determination specified in the Building Units and Group Titles Act 1980 , section 38 (1) (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 ; or - (b) established a sinking fund specified in the Building Units and Group Titles Act 1980 , section 38 (1) (m) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 ; - (c) in a case referred to in paragraph (a) —make a determination specified in section 38A (2) ; and - (d) in all cases—establish a sinking fund specified in section 38 (4) and (5) . - (a) it may disburse the moneys in its administrative fund for the purpose of meeting its liabilities referred to in the Building Units and Group Titles Act 1980 , section 38 (1) (j) or (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 or section 38A ; and - (b) the Building Units and Group Titles Act 1980 , section 38 (3) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 and section 38 (3) do not apply to that body corporate. - (a) determine what part of its administrative fund should be allocated for the purpose of meeting its actual or expected liabilities referred to in section 38A (2) ; and - (b) notwithstanding section 38 (3) , transfer the amount so determined to its sinking fund. - (a) the address (if any) specified in the notice as the address of the mortgagee shall be deemed to be the address for the service of notices on the mortgagee shown in a notice given to the body corporate under section 53 (3) ; and - (b) where more than 1 notice is given to a body corporate before the appointed day—the body corporate shall record as the first mortgagee of the lot, the mortgagee first entitled in priority under the former Acts. - (a) if levied pursuant to a determination specifying amounts to be raised by regular periodic contributions, be deemed to be a contribution determined under section 38A (1) ; or - (b) except as provided in paragraph (a) , be deemed to be a contribution determined under section 38A (2) . - (a) the Building Units Titles Act 1965 , section 11 and the regulations made under that section continue to apply to and in respect of a building which before the appointed day was destroyed within the meaning of that Act and the parcel on which that building was situated; - (b) the Group Titles Act 1973 , section 17 and the regulations made under that section continue to apply to and in respect of a plan which before the appointed day was extinguished within the meaning of that Act.