Body Corporate and Community Management Act 1997
sec.384Adjustment if material change since contribution schedule lot entitlements decided
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sec.384 Adjustment if material change since contribution schedule lot entitlements decided
This section applies if an existing scheme has been affected by a material change that happened after the pre-adjustment order entitlements for the scheme were decided. The changed entitlements for the existing scheme must take account of the material change. However, any adjustments of the pre-adjustment order entitlements for the existing scheme to take account of the material change must— be consistent with the deciding principle for the pre-adjustment order entitlements, and just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the pre-adjustment order entitlements, be just and equitable. s 384 ins 2011 No. 9 s 41 (sec.384-ssec.1) This section applies if an existing scheme has been affected by a material change that happened after the pre-adjustment order entitlements for the scheme were decided. (sec.384-ssec.2) The changed entitlements for the existing scheme must take account of the material change. (sec.384-ssec.3) However, any adjustments of the pre-adjustment order entitlements for the existing scheme to take account of the material change must— be consistent with the deciding principle for the pre-adjustment order entitlements, and just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the pre-adjustment order entitlements, be just and equitable.
- (a) be consistent with the deciding principle for the pre-adjustment order entitlements, and just and equitable to the extent the deciding principle allows; or
- (b) if there is no apparent deciding principle for the pre-adjustment order entitlements, be just and equitable.