NSWIn ForceAct
Residential (Land Lease) Communities Act 2013
164Application for order appointing administrator
Start here
Get a plain-English read of 164
Turn the raw legal text into a practical explanation grounded in Residential (Land Lease) Communities Act 2013.
#### 164 Application for order appointing administrator
164 Application for order appointing administrator
> > (1) The Supreme Court may, on application by the Commissioner in accordance with the rules of the Court, make an order appointing a specified person as an administrator of a community—
> >
> > > (a) to exercise all the functions of the operator of the community, or
> >
> > > (b) to exercise specified functions of the operator, or
> >
> > > (c) to exercise all the functions other than specified functions of the operator.
>
> > (2) The Commissioner may apply for an order under this section only if the Commissioner is of the opinion that—
> >
> > > (a) the well-being or financial security of the residents of the community has been, or is likely to be, seriously affected by the continued operation of the community by the operator, or
> >
> > > (b) the operator of the community is wilfully and repeatedly acting in contravention of an order made by the Tribunal or a court in relation to the community or a direction given as disciplinary action by the Commissioner.
>
> > (3) For the purpose of determining whether an application for an order under this section should be made, the Commissioner may appoint a person to inquire into, and report to the Commissioner on, the well-being and financial security of the residents of a community.
>
> > (4) The Commissioner is not to apply for an order appointing a person as an administrator under this Division unless the person has consented in writing to the appointment.
>
> > (5) More than one order may be made under this Division in respect of the same community.