sec.106Meetings of primary thoroughfare body corporate

sec.106 Meetings of primary thoroughfare body corporate

Within 3 months after the incorporation of the primary thoroughfare body corporate, the applicant shall, in the prescribed manner, convene a meeting of the primary thoroughfare body corporate to be held within that period. Maximum penalty—50 penalty units. The agenda for a meeting convened under subsection (1) shall consist of the following items— to decide whether insurances effected by the primary thoroughfare body corporate should be confirmed, varied or extended; to decide whether any amounts determined under section 116 (1) (h) or (2) should be confirmed or varied; where there are more than 3 members of the primary thoroughfare body corporate—to determine the number of members of the executive committee; to elect the chairperson, secretary and treasurer of the primary thoroughfare body corporate and other members of the executive committee; to decide whether to make by-laws regulating, controlling or prohibiting the passage through and conduct and activities of persons on or within all or part of the primary thoroughfare. The meeting convened under subsection (1) shall be the first annual general meeting of the primary thoroughfare body corporate and at such meeting a chairperson, secretary and treasurer shall be elected. However, a person may be elected to 1 or more of those offices. The applicant shall not fail or neglect to deliver to the primary thoroughfare body corporate at its first annual general meeting— all plans, specifications, drawings showing water pipes, electric cables and drainage, certificates, diagrams and other documents (including policies of insurance) obtained or received by the applicant and relating to the primary thoroughfare; and if they are in the applicant’s possession or under the applicant’s control, the primary thoroughfare body corporate roll, books of account and any notices or other records relating to the primary thoroughfare; and the budget showing the estimated expenditure of the primary thoroughfare body corporate in relation to the primary thoroughfare on an annual basis; other than documents which exclusively evidence rights or obligations of the applicant and which are not capable of being used for the benefit of the primary thoroughfare body corporate or any of the members of the primary thoroughfare body corporate, other than the applicant. Maximum penalty for subsection (5) —50 penalty units. Schedule 2 , part 1 of the Building Units and Group Titles Act 1980 in force at the commencement of this Act applies to and in respect of the first annual general meeting of the primary thoroughfare body corporate and voting at that meeting and schedule 2 , part 2 to that Act in force at the commencement of this Act applies to and in respect of meetings of the primary thoroughfare body corporate, other than the first annual general meeting, and voting at those meetings. However, the provisions in those schedules relating to the rights and obligations of mortgagees and mortgagors shall not apply and the application of the Building Units and Group Titles Act 1980 , schedule 2 , part 2 is subject to schedule 3 and schedule 7 , definition ordinary resolution . The provisions of the schedules referred to in subsection (6) shall, for the purposes of subsection (7) , be read and construed as if— references therein to ‘aggregate lot entitlement’ were references to the aggregate of all voting entitlements specified in the approved scheme; and references therein to ‘body corporate’ were references to primary thoroughfare body corporate; and references therein to ‘by-laws’ were references to primary thoroughfare by-laws; and references therein to ‘council’ were references to executive committee; and references therein to a ‘lot’ were references to a parcel of land within the site; and references therein to ‘lot entitlement’ were references to the voting entitlement of a member; and references therein to the ‘original proprietor’ were references to the applicant; and references therein to a ‘proprietor’ were references to a member of the primary thoroughfare body corporate; and references therein to the ‘roll’ were references to the primary thoroughfare body corporate roll; and references to particular provisions of the Building Units and Group Titles Act 1980 (other than the provisions in those schedules) were references to corresponding provisions of this Act; and the principal body corporate were the proprietor of a parcel of land within the site and its voting entitlements where the voting entitlements of that parcel. When an expression is substituted for an expression used in the Building Units and Group Titles Act 1980 and referred to in subsection (8) , the substituted expression shall, for the purposes of subsection (8) , be read and construed in the same manner as the expression for which it is substituted is required to be read and construed. If a meeting of the primary thoroughfare body corporate is not convened in accordance with subsection (1) , the Minister may, pursuant to an application by the primary thoroughfare body corporate or any member of the primary thoroughfare body corporate appoint by order a person to convene a meeting of the primary thoroughfare body corporate within such time as may be specified in the order and the meeting convened by that person shall, for the purposes of subsection (3) , be deemed to be the meeting convened under subsection (1) . At any time after the meeting convened under subsection (1) has been held, the Minister may, pursuant to an application made to the Minister by a member of the primary thoroughfare body corporate, appoint by order a person, nominated by the member, who has consented to that nomination, if there is not an executive committee, to convene a meeting of the primary thoroughfare body corporate within such time as may be specified in the order and a meeting so convened shall, for the purpose of the election of the chairperson, secretary and treasurer of the primary thoroughfare body corporate and the other members of the executive committee, be deemed to be a first annual general meeting of the primary thoroughfare body corporate. An order made under subsection (10) or (11) may include such ancillary or consequential provisions as the Minister thinks fit. Notwithstanding subsections (6) to (9) , where an order made under subsection (10) or (11) so provides— the person appointed to convene a meeting of the primary thoroughfare body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the primary thoroughfare body corporate; and notice of that meeting may be given in the manner specified in the order. Notwithstanding that an order has been made under subsection (10) or that a meeting has been convened pursuant to any such order, the applicant remains liable to the penalty provided by subsection (1) for any failure to comply with that subsection. s 106 amd 1993 No. 46 ss 27 , 3 sch ; 2004 No. 53 s 2 sch ; 2009 No. 26 s 20 ; 2019 No. 7 s 313 sch 1 (sec.106-ssec.1) Within 3 months after the incorporation of the primary thoroughfare body corporate, the applicant shall, in the prescribed manner, convene a meeting of the primary thoroughfare body corporate to be held within that period. Maximum penalty—50 penalty units. (sec.106-ssec.2) The agenda for a meeting convened under subsection (1) shall consist of the following items— to decide whether insurances effected by the primary thoroughfare body corporate should be confirmed, varied or extended; to decide whether any amounts determined under section 116 (1) (h) or (2) should be confirmed or varied; where there are more than 3 members of the primary thoroughfare body corporate—to determine the number of members of the executive committee; to elect the chairperson, secretary and treasurer of the primary thoroughfare body corporate and other members of the executive committee; to decide whether to make by-laws regulating, controlling or prohibiting the passage through and conduct and activities of persons on or within all or part of the primary thoroughfare. (sec.106-ssec.3) The meeting convened under subsection (1) shall be the first annual general meeting of the primary thoroughfare body corporate and at such meeting a chairperson, secretary and treasurer shall be elected. (sec.106-ssec.4) However, a person may be elected to 1 or more of those offices. (sec.106-ssec.5) The applicant shall not fail or neglect to deliver to the primary thoroughfare body corporate at its first annual general meeting— all plans, specifications, drawings showing water pipes, electric cables and drainage, certificates, diagrams and other documents (including policies of insurance) obtained or received by the applicant and relating to the primary thoroughfare; and if they are in the applicant’s possession or under the applicant’s control, the primary thoroughfare body corporate roll, books of account and any notices or other records relating to the primary thoroughfare; and the budget showing the estimated expenditure of the primary thoroughfare body corporate in relation to the primary thoroughfare on an annual basis; other than documents which exclusively evidence rights or obligations of the applicant and which are not capable of being used for the benefit of the primary thoroughfare body corporate or any of the members of the primary thoroughfare body corporate, other than the applicant. Maximum penalty for subsection (5) —50 penalty units. (sec.106-ssec.6) Schedule 2 , part 1 of the Building Units and Group Titles Act 1980 in force at the commencement of this Act applies to and in respect of the first annual general meeting of the primary thoroughfare body corporate and voting at that meeting and schedule 2 , part 2 to that Act in force at the commencement of this Act applies to and in respect of meetings of the primary thoroughfare body corporate, other than the first annual general meeting, and voting at those meetings. (sec.106-ssec.7) However, the provisions in those schedules relating to the rights and obligations of mortgagees and mortgagors shall not apply and the application of the Building Units and Group Titles Act 1980 , schedule 2 , part 2 is subject to schedule 3 and schedule 7 , definition ordinary resolution . (sec.106-ssec.8) The provisions of the schedules referred to in subsection (6) shall, for the purposes of subsection (7) , be read and construed as if— references therein to ‘aggregate lot entitlement’ were references to the aggregate of all voting entitlements specified in the approved scheme; and references therein to ‘body corporate’ were references to primary thoroughfare body corporate; and references therein to ‘by-laws’ were references to primary thoroughfare by-laws; and references therein to ‘council’ were references to executive committee; and references therein to a ‘lot’ were references to a parcel of land within the site; and references therein to ‘lot entitlement’ were references to the voting entitlement of a member; and references therein to the ‘original proprietor’ were references to the applicant; and references therein to a ‘proprietor’ were references to a member of the primary thoroughfare body corporate; and references therein to the ‘roll’ were references to the primary thoroughfare body corporate roll; and references to particular provisions of the Building Units and Group Titles Act 1980 (other than the provisions in those schedules) were references to corresponding provisions of this Act; and the principal body corporate were the proprietor of a parcel of land within the site and its voting entitlements where the voting entitlements of that parcel. (sec.106-ssec.9) When an expression is substituted for an expression used in the Building Units and Group Titles Act 1980 and referred to in subsection (8) , the substituted expression shall, for the purposes of subsection (8) , be read and construed in the same manner as the expression for which it is substituted is required to be read and construed. (sec.106-ssec.10) If a meeting of the primary thoroughfare body corporate is not convened in accordance with subsection (1) , the Minister may, pursuant to an application by the primary thoroughfare body corporate or any member of the primary thoroughfare body corporate appoint by order a person to convene a meeting of the primary thoroughfare body corporate within such time as may be specified in the order and the meeting convened by that person shall, for the purposes of subsection (3) , be deemed to be the meeting convened under subsection (1) . (sec.106-ssec.11) At any time after the meeting convened under subsection (1) has been held, the Minister may, pursuant to an application made to the Minister by a member of the primary thoroughfare body corporate, appoint by order a person, nominated by the member, who has consented to that nomination, if there is not an executive committee, to convene a meeting of the primary thoroughfare body corporate within such time as may be specified in the order and a meeting so convened shall, for the purpose of the election of the chairperson, secretary and treasurer of the primary thoroughfare body corporate and the other members of the executive committee, be deemed to be a first annual general meeting of the primary thoroughfare body corporate. (sec.106-ssec.12) An order made under subsection (10) or (11) may include such ancillary or consequential provisions as the Minister thinks fit. (sec.106-ssec.13) Notwithstanding subsections (6) to (9) , where an order made under subsection (10) or (11) so provides— the person appointed to convene a meeting of the primary thoroughfare body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the primary thoroughfare body corporate; and notice of that meeting may be given in the manner specified in the order. (sec.106-ssec.14) Notwithstanding that an order has been made under subsection (10) or that a meeting has been convened pursuant to any such order, the applicant remains liable to the penalty provided by subsection (1) for any failure to comply with that subsection.