sec.77-oc.2General powers of referee to make orders

### sec.77-oc.2 General powers of referee to make orders A referee may, on the application of a body corporate, a body corporate manager, a lessee, a person having an estate or interest in a lot or an occupier of a lot in respect of a parcel, make an order on any person entitled to make an application under this subsection or on the chairperson, secretary or treasurer of the body corporate for the settlement of a dispute, or the rectification of a complaint, with respect to the exercise or performance of, or the failure to exercise or perform, a power or function conferred or imposed by this Act in connection with that parcel. (amended) Where a body corporate has a discretion as to whether or not it exercises or performs a power or function conferred on it by this Act, it shall be deemed to have failed to exercise or perform that power or function only if it has decided not to exercise or perform that power or function. Nothing in this part authorises the referee to make an order of the kind that may be made by the Court under section 25 or 26 . Nothing in this part affects the generality of subsection (1) , but an order in respect of any matter dealt with in any other section of this part shall not be made under this section. With the exception of orders made under sections 79 , 82 , 91 , 93 and 94 , nothing in this part authorises and empowers the referee to make an order affecting the lessor. (new) (sec.77-oc.2-ssec.1) A referee may, on the application of a body corporate, a body corporate manager, a lessee, a person having an estate or interest in a lot or an occupier of a lot in respect of a parcel, make an order on any person entitled to make an application under this subsection or on the chairperson, secretary or treasurer of the body corporate for the settlement of a dispute, or the rectification of a complaint, with respect to the exercise or performance of, or the failure to exercise or perform, a power or function conferred or imposed by this Act in connection with that parcel. (amended) (sec.77-oc.2-ssec.2) Where a body corporate has a discretion as to whether or not it exercises or performs a power or function conferred on it by this Act, it shall be deemed to have failed to exercise or perform that power or function only if it has decided not to exercise or perform that power or function. (sec.77-oc.2-ssec.3) Nothing in this part authorises the referee to make an order of the kind that may be made by the Court under section 25 or 26 . (sec.77-oc.2-ssec.4) Nothing in this part affects the generality of subsection (1) , but an order in respect of any matter dealt with in any other section of this part shall not be made under this section. (sec.77-oc.2-ssec.5) With the exception of orders made under sections 79 , 82 , 91 , 93 and 94 , nothing in this part authorises and empowers the referee to make an order affecting the lessor. (new)