QLDIn ForceAct
Sanctuary Cove Resort Act 1985
sec.46Statutory restrictions on powers of executive committee
Start here
Get a plain-English read of sec.46
Turn the raw legal text into a practical explanation grounded in Sanctuary Cove Resort Act 1985.
### sec.46 Statutory restrictions on powers of executive committee
Unless—
otherwise determined pursuant to a special resolution of the principal body corporate; or
in an emergency authorised by the Minister; or
consented to by such persons entitled to vote at a general meeting of the principal body corporate who represent an aggregate lot entitlement of not less than 75% of the aggregate of all lot entitlements recorded in the principal body corporate roll;
the executive committee shall not undertake expenditure.
In respect of any proposed expenditure which, under subsection (1) , the executive committee is not entitled to undertake the executive committee shall—
submit the proposal for determination at an extraordinary general meeting of the principal body corporate convened for the purpose of, or for purposes which include, consideration of the proposal; and
if the proposed expenditure is in respect of work to be performed or the purchase of personal property submit at least 2 tenders to that meeting with the proposal.
Subsection (1) does not apply to the expenditure of moneys—
in payment of any premium of insurance effected by or on behalf of the principal body corporate; or
to comply with a notice or order served on the principal body corporate by any public or local government; or
in discharge of any liability incurred in respect of an obligation of the principal body corporate authorised by the principal body corporate in general meeting.
(sec.46-ssec.1) Unless— otherwise determined pursuant to a special resolution of the principal body corporate; or in an emergency authorised by the Minister; or consented to by such persons entitled to vote at a general meeting of the principal body corporate who represent an aggregate lot entitlement of not less than 75% of the aggregate of all lot entitlements recorded in the principal body corporate roll; the executive committee shall not undertake expenditure.
(sec.46-ssec.2) In respect of any proposed expenditure which, under subsection (1) , the executive committee is not entitled to undertake the executive committee shall— submit the proposal for determination at an extraordinary general meeting of the principal body corporate convened for the purpose of, or for purposes which include, consideration of the proposal; and if the proposed expenditure is in respect of work to be performed or the purchase of personal property submit at least 2 tenders to that meeting with the proposal.
(sec.46-ssec.3) Subsection (1) does not apply to the expenditure of moneys— in payment of any premium of insurance effected by or on behalf of the principal body corporate; or to comply with a notice or order served on the principal body corporate by any public or local government; or in discharge of any liability incurred in respect of an obligation of the principal body corporate authorised by the principal body corporate in general meeting.
- (a) otherwise determined pursuant to a special resolution of the principal body corporate; or
- (b) in an emergency authorised by the Minister; or
- (c) consented to by such persons entitled to vote at a general meeting of the principal body corporate who represent an aggregate lot entitlement of not less than 75% of the aggregate of all lot entitlements recorded in the principal body corporate roll;
- (a) submit the proposal for determination at an extraordinary general meeting of the principal body corporate convened for the purpose of, or for purposes which include, consideration of the proposal; and
- (b) if the proposed expenditure is in respect of work to be performed or the purchase of personal property submit at least 2 tenders to that meeting with the proposal.
- (a) in payment of any premium of insurance effected by or on behalf of the principal body corporate; or
- (b) to comply with a notice or order served on the principal body corporate by any public or local government; or
- (c) in discharge of any liability incurred in respect of an obligation of the principal body corporate authorised by the principal body corporate in general meeting.