Body Corporate and Community Management Act 1997
sec.455Matters about termination taken before commencement
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sec.455 Matters about termination taken before commencement
This section applies if— under former section 78(1)— a body corporate for a community titles scheme decided to terminate the scheme; and an agreement had been entered into under former section 78(1)(b); and immediately before the commencement—the scheme is not terminated; or a person had applied to the District Court under former section 78(4) for an order to terminate the scheme and immediately before the commencement the scheme is not terminated. The community titles scheme may be terminated under former chapter 2, part 9 as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted. s 455 ins 2023 No. 29 s 41 (sec.455-ssec.1) This section applies if— under former section 78(1)— a body corporate for a community titles scheme decided to terminate the scheme; and an agreement had been entered into under former section 78(1)(b); and immediately before the commencement—the scheme is not terminated; or a person had applied to the District Court under former section 78(4) for an order to terminate the scheme and immediately before the commencement the scheme is not terminated. (sec.455-ssec.2) The community titles scheme may be terminated under former chapter 2, part 9 as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.
- (a) under former section 78(1)— (i) a body corporate for a community titles scheme decided to terminate the scheme; and (ii) an agreement had been entered into under former section 78(1)(b); and (iii) immediately before the commencement—the scheme is not terminated; or
- (i) a body corporate for a community titles scheme decided to terminate the scheme; and
- (ii) an agreement had been entered into under former section 78(1)(b); and
- (iii) immediately before the commencement—the scheme is not terminated; or
- (b) a person had applied to the District Court under former section 78(4) for an order to terminate the scheme and immediately before the commencement the scheme is not terminated.
- (i) a body corporate for a community titles scheme decided to terminate the scheme; and
- (ii) an agreement had been entered into under former section 78(1)(b); and
- (iii) immediately before the commencement—the scheme is not terminated; or