Body Corporate and Community Management Act 1997
sec.328Application of 1980 Act to plan for specified Act
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sec.328 Application of 1980 Act to plan for specified Act
This section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is a plan for a specified Act. If the plan was registered before the commencement, the 1980 Act continues to apply to the plan after the commencement, subject to the specified Act. If the plan was lodged for registration under the 1980 Act before the commencement— it may be registered under the 1980 Act after the commencement; and the 1980 Act applies to the plan on and from the commencement, subject to the specified Act. If the plan is lodged for registration under the 1980 Act after the commencement— it may be registered under the 1980 Act; and the 1980 Act applies to the plan on and from its registration, subject to the specified Act. An instrument executed for the purpose of the plan, whether before or after the commencement, may be registered under the 1980 Act. (sec.328-ssec.1) This section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is a plan for a specified Act. (sec.328-ssec.2) If the plan was registered before the commencement, the 1980 Act continues to apply to the plan after the commencement, subject to the specified Act. (sec.328-ssec.3) If the plan was lodged for registration under the 1980 Act before the commencement— it may be registered under the 1980 Act after the commencement; and the 1980 Act applies to the plan on and from the commencement, subject to the specified Act. (sec.328-ssec.4) If the plan is lodged for registration under the 1980 Act after the commencement— it may be registered under the 1980 Act; and the 1980 Act applies to the plan on and from its registration, subject to the specified Act. (sec.328-ssec.5) An instrument executed for the purpose of the plan, whether before or after the commencement, may be registered under the 1980 Act.
- (a) it may be registered under the 1980 Act after the commencement; and
- (b) the 1980 Act applies to the plan on and from the commencement, subject to the specified Act.
- (a) it may be registered under the 1980 Act; and
- (b) the 1980 Act applies to the plan on and from its registration, subject to the specified Act.