sec.362ASection 212 to have retrospective effect

sec.362A Section 212 to have retrospective effect

Section 212, as inserted by the Body Corporate and Community Management Amendment Act 2009 , (the inserted section ) applies, to the exclusion of existing section 212(1), to a contract mentioned in the inserted section whether entered into before or after the commencement. Subject to subsection (3), subsection (1) applies for all purposes (including a legal proceeding started but not decided before the commencement). Subsection (1)— does not apply for the purpose of a contract settled before 5 June 2009; and does not apply for the purpose of— a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or a legal proceeding relating to the lawfulness of the cancellation; and does not apply for the purpose of a legal proceeding decided before the commencement. In this section— commencement means the commencement of this section. existing section 212(1) means section 212(1) as in force before the commencement. legal proceeding , in subsection (2), includes an appeal from a legal proceeding mentioned in subsection (3)(c). s 362A ins 2009 No. 20 s 4 amd 2011 No. 9 s 3 sch (sec.362A-ssec.1) Section 212, as inserted by the Body Corporate and Community Management Amendment Act 2009 , (the inserted section ) applies, to the exclusion of existing section 212(1), to a contract mentioned in the inserted section whether entered into before or after the commencement. (sec.362A-ssec.2) Subject to subsection (3), subsection (1) applies for all purposes (including a legal proceeding started but not decided before the commencement). (sec.362A-ssec.3) Subsection (1)— does not apply for the purpose of a contract settled before 5 June 2009; and does not apply for the purpose of— a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or a legal proceeding relating to the lawfulness of the cancellation; and does not apply for the purpose of a legal proceeding decided before the commencement. (sec.362A-ssec.4) In this section— commencement means the commencement of this section. existing section 212(1) means section 212(1) as in force before the commencement. legal proceeding , in subsection (2), includes an appeal from a legal proceeding mentioned in subsection (3)(c).

• (a) does not apply for the purpose of a contract settled before 5 June 2009; and
• (b) does not apply for the purpose of— (i) a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or (ii) a legal proceeding relating to the lawfulness of the cancellation; and
• (i) a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or