Body Corporate and Community Management Act 1997
sec.408Relationship between sdiv 3 and pt 9, div 4
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sec.408 Relationship between sdiv 3 and pt 9, div 4
This section applies if— either before or after the commencement of this section, an appeal, application or other proceeding that is not an incomplete adjustment matter has been started under part 9, division 4; and after the commencement— the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or an owner of a lot included in the scheme makes an application under section 412. On the making of the decision or application mentioned in subsection (1)(b)(i) or (ii), the appeal, application or other proceeding under part 9, division 4 ceases to have effect. Without limiting subsection (2)— no further action may be taken in relation to the appeal, application or other proceeding; and the appeal, application or other proceeding is taken never to have been started. s 408 ins 2013 No. 11 s 13 (sec.408-ssec.1) This section applies if— either before or after the commencement of this section, an appeal, application or other proceeding that is not an incomplete adjustment matter has been started under part 9, division 4; and after the commencement— the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or an owner of a lot included in the scheme makes an application under section 412. (sec.408-ssec.2) On the making of the decision or application mentioned in subsection (1)(b)(i) or (ii), the appeal, application or other proceeding under part 9, division 4 ceases to have effect. (sec.408-ssec.3) Without limiting subsection (2)— no further action may be taken in relation to the appeal, application or other proceeding; and the appeal, application or other proceeding is taken never to have been started.
- (a) either before or after the commencement of this section, an appeal, application or other proceeding that is not an incomplete adjustment matter has been started under part 9, division 4; and
- (b) after the commencement— (i) the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or (ii) an owner of a lot included in the scheme makes an application under section 412.