57Breaches by strata managing agent

#### 57 Breaches by strata managing agent 57 Breaches by strata managing agent > > (1) If a strata managing agent has been delegated a function by an owners corporation and a breach of the duty by the owners corporation would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the owners corporation) for any breach of the duty by the agent occurring while the delegation remains in force. > > > (1A) It is a defence to a prosecution under subsection (1) if the agent establishes that— > > > > > (a) the breach of the duty was caused by the owners corporation, and > > > > > (b) the agent took all reasonable steps to prevent the breach of the duty. > > > (2) A strata managing agent must not, in connection with the provision of services as a strata managing agent or the exercise of functions as a strata managing agent, request or accept a gift or other benefit from another person for himself or herself or for another person. > > > > Maximum penalty— > > > > > (a) for a corporation—500 penalty units, or > > > > > (b) otherwise—100 penalty units. > > > (3) Subsection (2) does not apply to— > > > > > (a) remuneration paid to a strata managing agent or an employee or contractor of a strata managing agent by an owners corporation, or > > > > > (b) a monetary commission provided to a strata managing agent, if the provision of such a commission is in accordance with the terms of appointment of the strata managing agent by the owners corporation or has been otherwise approved by the owners corporation, or > > > > > (c) a training service provided to, or paid for, a strata managing agent, if it was related to strata management functions and the provision or payment is in accordance with the terms of appointment of the strata managing agent by the owners corporation or has been otherwise approved by the owners corporation, or > > > > > (d) a gift or other benefit that has a value that is less than the amount prescribed by the regulations for the purposes of this subsection. > > > (3A) An owners corporation may only give approval under subsection (3)(b) or (c) by a resolution at a general meeting. > > > (3B) The motion for the resolution must be accompanied by a document prepared by the strata managing agent containing— > > > > > (a) details about the commission or training service, including— > > > > > > > (i) for a commission—the amount of the commission and the method of its calculation, or > > > > > > > (ii) for a training service—the monetary value of the training service or, if that is not known, an estimate of the monetary value of the training service, and > > > > > (b) details about the nature of the relationship between the person providing the commission or training service and the strata managing agent, and > > > > > (c) details about why the approval is in the owners corporation’s best interest, and > > > > > (d) a statement that the strata managing agent believes that accepting the gift or other benefit does not contravene the [Property and Stock Agents Regulation 2022](/view/html/inforce/current/sl-2022-0501), Schedule 1, section 11 and the reasons for the belief. > > > (4) In this section— > > > > gift has the same meaning as it has in the [Electoral Funding Act 2018](/view/html/inforce/current/act-2018-020). > > > > training service means a training course or service (including attendance at industry events such as conferences). > > **s 57:** Am 2018 No 20, Sch 3.7; 2024 No 65, Sch 1\[2\] \[3\]; 2025 No 14, Sch 1\[15\].