Mixed Use Development Act 1993
sec.201ZIReview criteria
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sec.201ZI Review criteria
The review criteria are each of the following— the appropriateness of the reviewable terms for the service contract for achieving a fair and reasonable balance between the interests of the body corporate and service contractor; whether the reviewable terms impose conditions that— are unreasonably difficult to comply with; or are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor; the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or service contractor; whether the reviewable terms are appropriate for the site or precinct; the term of the engagement as service contractor and the period of the term remaining. The review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the site or precinct. s 201ZI ins 2011 No. 27 s 302 (sec.201ZI-ssec.1) The review criteria are each of the following— the appropriateness of the reviewable terms for the service contract for achieving a fair and reasonable balance between the interests of the body corporate and service contractor; whether the reviewable terms impose conditions that— are unreasonably difficult to comply with; or are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor; the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or service contractor; whether the reviewable terms are appropriate for the site or precinct; the term of the engagement as service contractor and the period of the term remaining. (sec.201ZI-ssec.2) The review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the site or precinct.
- (a) the appropriateness of the reviewable terms for the service contract for achieving a fair and reasonable balance between the interests of the body corporate and service contractor;
- (b) whether the reviewable terms impose conditions that— (i) are unreasonably difficult to comply with; or (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor;
- (i) are unreasonably difficult to comply with; or
- (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor;
- (c) the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or service contractor;
- (d) whether the reviewable terms are appropriate for the site or precinct;