259AMeaning of type 1 matter and type 2 matter

259A Meaning of type 1 matter and type 2 matter (1) For this Act, a change to a matter in a disclosure statement for an off-the-plan contract— (a) is a type 1 matter if the change (other than an excluded change) is 1 of the following: (i) a decrease in overall floor area of the unit (excluding any unit subsidiary) of 5% or more; (ii) a decrease or increase in the unit entitlement estimate of 5% or more; (iii) a decrease of 10% or more of a courtyard area or balcony area for the unit (whether or not the courtyard or balcony is part of the unit or a unit subsidiary); (iv) any other prescribed matter; and (b) is a type 2 matter if the change (other than an excluded change) will, or is likely to, affect the use or enjoyment of the unit and includes a change to the following: (i) the plan mentioned in section 260 (1) (a) if the change will, or is likely to, affect the use or enjoyment of the unit or the common property; (ii) the proposed rules of the owners corporation; (iii) the developer’s estimate of the buyer’s contribution to the general fund if the change is more than the prescribed amount; (iv) the location of an easement or inclusion of a new easement, that will, or is likely to, affect the use or enjoyment of the unit (other than an easement mentioned in the Unit Titles Act 2001, section 34 and section 35 or the Land Titles Act 1925, section 123D (5));

(v) a development statement for the units plan that will, or is likely to, affect the use or enjoyment of the unit; (vi) the size of a unit subsidiary for the unit, if the change is a decrease of 10% or more and is not a type 1 matter; (vii) any other prescribed matter. (2) Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation prescribing a matter for subsection (1) (a) (iv) commences— (a) if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—the day after the day the disallowance motion is negatived; or (b) the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or (c) if the regulation provides for a later date or time of commencement—on that date or at that time. (3) In calculating a change for subsection (1), any potential variation must be disregarded. excluded change, in a disclosure statement for an off-the-plan contract means a change to a development statement for the units plan in the disclosure statement— (a) because the territory planning authority has amended a development statement under the Unit Titles Act 2001, section 30; and (b) that the buyer has agreed to under the Unit Titles Act 2001, section 30 (2) or (4).

potential variation, in relation to a disclosure statement, means information in the disclosure statement about the allowable change in the layout or size of the unit, unit subsidiary or unit entitlement estimate.