NSWIn ForceRegulation
Strata Schemes Development Regulation 2016
29Returning officer
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#### 29 Returning officer
29 Returning officer
> > (1) For the purposes of the definition of returning officer in section 154 of the Act, the returning officer for a strata renewal plan is to be appointed by a resolution of the owners corporation and is to be a person who is independent of the owners corporation and who is not any of the following—
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> > > (a) a lot owner in the strata scheme or a relative or associate of a lot owner,
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> > > (b) a member of the strata committee,
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> > > (c) a strata managing agent for the strata scheme or any employee of the strata managing agent,
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> > > (d) a person who has a pecuniary interest in the outcome of the collective sale or redevelopment proposed by the strata renewal plan or a relative or associate of such a person (but not if the pecuniary interest is only the reasonable fee for performing the functions of the returning officer and the payment of that fee has been approved by the strata committee).
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> > (2) In this clause, a reference to an associate of a person is a reference to—
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> > > (a) a partner, employee or agent of the person, or
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> > > (b) a person who is related to the person or to a person referred to in paragraph (a)—
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> > > > (i) as a spouse or de facto partner, or
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> > > > Note.
> > > >
> > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).
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> > > > (ii) as a child, grandchild, sibling, parent or grandparent, whether derived through subparagraph (i) or otherwise, or
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> > > (c) a body corporate, or a member of a body corporate, partnership, trust, syndicate or joint venture, in which the person or a person referred to in paragraph (a) or (b) has a beneficial interest, or
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> > > (d) if the person is a body corporate—
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> > > > (i) a related body corporate within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or
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> > > > (ii) an officer (within the meaning of that Act) of the body corporate or a related body corporate.