sec.148Review criteria

sec.148 Review criteria

The review criteria are each of the following— the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the body corporate and the 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 the 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 the service contractor; whether the reviewable terms are appropriate for the scheme; 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 scheme. s 148 ins 2003 No. 6 s 49 (sec.148-ssec.1) The review criteria are each of the following— the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the body corporate and the 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 the 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 the service contractor; whether the reviewable terms are appropriate for the scheme; the term of the engagement as service contractor and the period of the term remaining. (sec.148-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 scheme.

• (a) the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the body corporate and the 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 the 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 the 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 the service contractor;
• (d) whether the reviewable terms are appropriate for the scheme;
• (e) the term of the engagement as service contractor and the period of the term remaining.