4.2 Use of and access to equipment, services and amenities on common property.
4.3 Vehicles and parking on common property.
4.4 Drying of laundry on common property or external or visible areas of lots.
4.5 Damage to common property (but not preventing the installation of insect screens or safety lock devices).
4.6 Deposit of rubbish and other material on common property.
5 Lots
5.1 Change of use of lots.
5.2 External appearance of lots.
5.3 Requiring notice to the owners corporation of renovations to lots.
5.4 Times within which work on lots can be carried out.
5.5 Prohibition on use of lots as short-stay accommodation (but not prohibiting an owner of a lot, or a lessee or sub-lessee of the owner of a lot, from providing a lot as short-stay accommodation if that person occupies the lot as their principal place of residence).
6 Design
Design, construction and landscaping.
7 Behaviour of persons
7.1 Behaviour of owners, occupiers and guests on common property.
7.2 Noise and other nuisance control.
7.3 Regulating or prohibiting the drifting of tobacco smoke from a lot in a multi-level development.
8 Dispute resolution
Dispute resolution, including internal grievance procedures, hearing procedures and communication procedures.
9 Notices and documents
9.1 Notices, noticeboards and advertising.
9.2 Fees for provision of copies of rules, records and owners corporation register.
9.3 Notices about fees and charges.
10 Common seal
If the owners corporation uses a common seal, the use of the common seal.
Sch. 2 amended by No. 36/2011 s. 13(2)(3).
Schedule 2—Transitional and savings provisions
1 Definitions
In this Schedule—
commencement day means the day on which section 211 of the new Act comes into operation;
Subdivision Act means Subdivision Act 1988;
subdivision body corporate has the same meaning as body corporate has in the Subdivision Act as in force immediately before the commencement day;
Subdivision Regulations means the Subdivision (Body Corporate) Regulations 2001;
new Act means Owners Corporations Act 2006.
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2) This Schedule applies despite anything to the contrary in any other provision of the new Act.
3 Subdivision bodies corporate deemed to be owners corporations
On and from the commencement day, a subdivision body corporate is deemed to be an owners corporation within the meaning of the Subdivision Act as amended by the new Act and to be the same body despite that change.
4 References to subdivision bodies corporate
On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind, a reference to a subdivision body corporate (however described) must be read as a reference to an owners corporation.
5 Rules of body corporate
Any rules of a subdivision body corporate in force immediately before the commencement day, continue in force on and after that commencement and are deemed to be rules of the owners corporation under the new Act to the extent that they are not inconsistent with the new Act or the regulations under the new Act.
6 Body corporate certificate
A body corporate certificate issued under the Subdivision Regulations and existing immediately before the commencement day is deemed to be an owners corporation certificate under the new Act.
7 Committees
A committee or sub-committee of a body corporate under the Subdivision Regulations and existing immediately before the commencement day is deemed on that commencement to be a committee or sub-committee established by the relevant owners corporation under the new Act.
8 Resolutions
(1) A resolution of a body corporate in force immediately before the commencement day continues in force (until amended or revoked) to the extent that it is not inconsistent with the new Act or the regulations under the new Act or the Subdivision Act as amended by the new Act.
(2) A postal ballot commenced under the Subdivision Regulations but not completed before the commencement day may be completed on or after the commencement day despite anything to the contrary in this Act and any resolution resulting from that postal ballot takes effect as a resolution of the owners corporation to the extent that it is not inconsistent with the new Act or the regulations under the new Act or the Subdivision Act as amended by the new Act.
(3) Any delegation made by a subdivision body corporate and existing immediately before the commencement day continues in force as a delegation under the new Act until—
(a) if it is inconsistent with the new Act, the first annual general meeting of the owners corporation after the commencement day; and
(b) in any other case, it is revoked by the owners corporation under the new Act.
9 Managers
(1) Despite section 178, a person who was a manager of a subdivision body corporate for fee or reward immediately before the commencement day may continue to act as the manager of an owners corporation for the period of 3 months after the commencement day without being registered under Part 12.
(2) Despite section 178, a person who was a manager of a subdivision body corporate for fee or reward immediately before the commencement day and who applies to the Business Licensing Authority, before the end of the period of 3 months after the commencement day, for registration under Part 12 may, without being registered under Part 12, continue to act as the manager of an owners corporation until the application is finally determined.
10 Administrators
Any administrator of a subdivision body corporate appointed by the Supreme Court or the County Court under section 38 of the Subdivision Act before its repeal by the new Act continues as administrator of the owners corporation and for that purpose section 38 continues to apply despite its repeal.
11 Transitional regulations
(1) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act.
(2) Regulations under this clause may have retrospective effect to a day on or after the day on which this Act receives Royal Assent.
(3) Regulations under this clause have effect despite anything to the contrary in any Act (other than this Act) or in any subordinate instrument.
12 Saving of certain delegations
A delegation under section 11 is not invalid merely because of the commencement of section 5 of the Consumer Acts Amendment Act 2011.
Sch. 3 (Heading and cls 1–13) amended by No. 2/2008 s. 22, repealed by No. 1/2010 s. 92.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 20 July 2006
Legislative Council: 12 September 2006
The long title for the Bill for this Act was "to provide for the management, powers and functions of owners corporations and for appropriate mechanisms for the resolution of disputes relating to owners corporations, to amend the Subdivision Act 1988 in relation to the creation of owners corporations, to amend other Acts and for other purposes."
The Owners Corporations Act 2006 was assented to on 19 September 2006 and came into operation on 31 December 2007: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Owners Corporations Act 2006 by Acts and subordinate instruments.
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
| Assent Date: | 11.2.08 |
| Commencement Date: | Ss 12–22 on 12.2.08: s. 2(1) |
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 (as amended by Nos 63/2010, 36/2011)
| Assent Date: | 9.2.10 |
| Commencement Date: | Ss 28, 29, 92 on 1.8.10: Government Gazette 22.7.10 p. 1628; ss 21–27, 30–32, 34, 35, 37–40 on 1.1.11: Government Gazette 14.10.10 p. 2404; s. 36 on 1.9.11: s. 2(5); s. 33 never proclaimed, repealed by No. 36/2011 s. 35(1) |
| Assent Date: | 28.9.10 |
| Commencement Date: | S. 62 on 1.11.10: Government Gazette 14.10.10 p. 2404; s. 77(3) on 1.1.11: Government Gazette 14.10.10 p. 2404; s. 77(1)(2) never proclaimed, repealed by No. 36/2011 s. 26 |
| Assent Date: | 14.8.18 |
| Commencement Date: | Ss 4–7 on 1.2.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Owners Corporations Act 2006 |
Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)
| Assent Date: | 18.9.18 |
| Commencement Date: | S. 376 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 |
Guardianship and Administration Act 2019, No. 13/2019
| Assent Date: | 4.6.19 |
| Commencement Date: | S. 221(Sch. 1 item 34) on 1.3.20: s. 2(2) |
Owners Corporations and Other Acts Amendment Act 2021, No. 4/2021
| Assent Date: | 23.2.21 |
| Commencement Date: | Ss 3−85 on 1.12.21: s. 2(2) |
Building Legislation Amendment Act 2023, No. 11/2023
| Assent Date: | 6.6.23 |
| Commencement Date: | S. 55 on 1.2.24: s. 2(2) |
Short Stay Levy Act 2024, No. 40/2024
| Assent Date: | 29.10.24 |
| Commencement Date: | Ss 24–30 on 1.1.25: s. 2 |