Body Corporate and Community Management Act 1997
sec.239How to make an application
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sec.239 How to make an application
An application must be— made in the approved form; and given to the commissioner; and accompanied by the fee prescribed under a regulation, to the extent the fee is not waived under subsection (3) or (4) . If the application is for an outcome affecting owners or occupiers of lots included in the scheme generally, or a particular class of the owners or occupiers, the application may identify the affected persons as the owners or occupiers generally, or by reference to the class, instead of stating the persons’ names and addresses. The commissioner may waive payment of the fee mentioned in subsection (1) (c) if the commissioner is satisfied payment of the fee would cause the applicant financial hardship. Also, the commissioner may waive the fee mentioned in subsection (1) (c) — for a conciliation application—if the commissioner rejected the applicant’s adjudication application for the same dispute under section 241 (1) (c) (ii) ; or for an adjudication application—if the commissioner rejected the applicant’s conciliation application for the same dispute under section 241 (1) (b) . s 239 ins 2003 No. 6 s 79 sub 2007 No. 11 s 24 (sec.239-ssec.1) An application must be— made in the approved form; and given to the commissioner; and accompanied by the fee prescribed under a regulation, to the extent the fee is not waived under subsection (3) or (4) . (sec.239-ssec.2) If the application is for an outcome affecting owners or occupiers of lots included in the scheme generally, or a particular class of the owners or occupiers, the application may identify the affected persons as the owners or occupiers generally, or by reference to the class, instead of stating the persons’ names and addresses. (sec.239-ssec.3) The commissioner may waive payment of the fee mentioned in subsection (1) (c) if the commissioner is satisfied payment of the fee would cause the applicant financial hardship. (sec.239-ssec.4) Also, the commissioner may waive the fee mentioned in subsection (1) (c) — for a conciliation application—if the commissioner rejected the applicant’s adjudication application for the same dispute under section 241 (1) (c) (ii) ; or for an adjudication application—if the commissioner rejected the applicant’s conciliation application for the same dispute under section 241 (1) (b) .
- (a) made in the approved form; and
- (b) given to the commissioner; and
- (c) accompanied by the fee prescribed under a regulation, to the extent the fee is not waived under subsection (3) or (4) .
- (a) for a conciliation application—if the commissioner rejected the applicant’s adjudication application for the same dispute under section 241 (1) (c) (ii) ; or
- (b) for an adjudication application—if the commissioner rejected the applicant’s conciliation application for the same dispute under section 241 (1) (b) .