16The *State Administrative Tribunal Regulations 2004* r. 39 and 63 read as follows:

16 The *State Administrative Tribunal Regulations 2004* r. 39 and 63 read as follows: 39. *Strata Titles Act 1985* (1) In this regulation  commencement day means the day on which the *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Part 2 Division 121 comes into operation. (2) Subregulations (3) and (4) apply if — (a) before the commencement day a person was given a notice under the *Strata Titles Act 1985* section 79(1)(a)*;* and (b) the person had not before the commencement day made a written submission under section 79(1)(b) of that Act. (3) If this subregulation applies, on or after the commencement day, the person given the notice may, within the time specified in the notice, or any longer time allowed under the *Strata Titles Act 1985* section 79(1)(c), make a written submission to the Tribunal and the Tribunal is to take account of the submission as if the submission were a document provided in proceedings to be conducted in whole or part on the basis of documents under the Act section 60(2). (4) If this subregulation applies, the Tribunal is not to make an order under the *Strata Titles Act 1985* Part VI Division 3, other than under section 82, until after the expiration of the time specified for the making of written submissions in the notice given under section 79(1)(a) of that Act, or where a further notice has been given under section 79(1)(c) of that Act, the expiration of the longer time specified in that notice. (5) If — (a) before the commencement day a matter was being dealt with by the Strata Titles Referee under the *Strata Titles Act 1985* and the Referee had made a requirement under section 80C(a) or (b) of that Act but that requirement had not been complied with before that day; and (b) the matter is transferred to the Tribunal under the Act section 167(4)(a) or (b), the Tribunal has, in relation to that matter, the power that the Strata Titles Referee had under the *Strata Titles Act 1985* section 80C(c) immediately before the commencement day. 63. *Strata Titles Act 1985* (1) In this regulation — commencement day means the day on which the *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Part 2 Division 121 comes into operation; referee means a Strata Titles Referee appointed and holding office before the commencement day under the ST Act section 71; the ST Act means the *Strata Titles Act 1985*. (2) If — (a) a special resolution authorising an application to a Land Valuation Tribunal under the ST Act section 16(1) for an order that the Schedule of unit entitlement be amended was passed before the commencement day; or (b) a certificate under seal of a strata company certifying that the strata company has by special resolution authorised such an application, and an application has not been made to a Land Valuation Tribunal before the commencement day or an application to the Land Valuation Tribunal is transferred to the State Administrative Tribunal under the Act section 167, on and after the commencement day, the reference to a Land Valuation Tribunal in the special resolution and the certificate is to be read and construed as a reference to the State Administrative Tribunal. (3) On and after the commencement day, a copy of an order certified under the ST Act by a referee as being a true copy is to be taken to have been certified by the executive officer of the State Administrative Tribunal. (4) A certificate of a local government made before the commencement day which complies with the ST Act section 23(1)(a) or (3), as in force at the time the certificate was made, is to be taken, on and after the commencement day, to comply with the ST Act section 23(1)(a) or (3). (5) A certificate issued before the commencement day by the Town Planning Appeal Tribunal under the ST Act section 27(9) or 25B(3)(a) certifying that an appeal has been upheld, is to be taken, on and after the commencement day, to be a certificate of the executive officer of the State Administrative Tribunal to the effect that a successful application has been made to the State Administrative Tribunal for a review of the Commission's refusal or failure to give an approval referred to in the ST Act section 25B(2). (6) If a notice of refusal has been given under the ST Act section 26 before the commencement day, on or after the commencement day the notice is to be taken to inform the applicant of the right conferred by that section to apply for a review of the refusal. (7) If, before the commencement day, the Minister or the Town Planning Appeal Tribunal has upheld an appeal under the ST Act section 26 but has not under section 26(11) of the ST Act issued to the applicant a certificate certifying that the appeal has been upheld, on or after the commencement day, the President of the State Administrative Tribunal may issue to the applicant a certificate certifying that the appeal has been upheld and that certificate has the same effect as a certificate issued under section 26(11) would have had if the certificate had been issued by the Minister or the Town Planning Appeal Tribunal before the commencement day. (8) If a referee has determined under the ST Act section 39A(4)(c)(ii) (as in force at the time of the determination) that an agreement is unfair to the proprietors of 25% or more of the aggregate unit entitlement of the lots, on or after the commencement day that determination is to be taken to be a determination of the State Administrative Tribunal under the ST Act section 39A(4)(c)(ii). (9) If before the commencement day — (a) an application for an order was made to a referee in relation to a matter of a type referred to in the ST Act section 77A(1) (as in force at the time of the application); and (b) the referee did not refer the application to the Retirement Villages Disputes Tribunal, on the commencement day the application is to be taken to be an application by an applicant for review to the State Administrative Tribunal under the *State Administrative Tribunal Act 2004* and the applicant for the order of the referee is to be taken to be an applicant under that Act. (10) If an appeal is commenced before the commencement day under the ST Act section 105 and a strata company is the respondent to a successful appeal under that section, section 111(1) is to be taken to apply to that strata company as if that subsection had not been amended by the *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004*. (11) If an order is made by the District Court under the ST Act section 113(1) (as in force immediately before the commencement day), on or after the commencement day the District Court must not cause the order and the records of the District Court relating to the appeal, including records forwarded to it by the referee when referring that appeal to the District Court, to be sent to the referee but must cause the order and those records to be sent to the executive officer of the State Administrative Tribunal. (12) If an order is sent to the executive officer under subregulation (11), the executive officer must serve a copy of the order, certified by him or her to be a true copy, on — (a) the strata company for the Scheme to which the order relates; (b) the appellant; (c) any person who was given notice under the ST Act section 105(6) (as in force immediately before the commencement day) of the time and place for the determination of the appeal; and (d) any person who, by the order, is required to do or to refrain from doing a specified act. 17 The amendment in the *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15, which gives effect to Sch. 2 cl. 63(9), to amend s. 25B(3) is not included because the subsection it sought to amend had been repealed by the *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* s. 1116. 18 The *Land Legislation (Postponement of Expiry) Proclamation 2018* published by *Gazette* 21 Dec 2018 p. 4845-6 provides that the expiry of former section 131A (renumbered as section 225) is postponed until the end of 31 December 2024. 19 The *Land Legislation (Postponement of Expiry) Proclamation 2024* cl. 4 (SL 2024/43) provides that the expiry of section 225 is postponed until the end of 31 December 2029. 20 Below is a list of the provisions of the *Strata Titles Act 1985* that were renumbered and relocated by the *Strata Titles Amendment Act 2018*. This table is intended as a general guide only. **Finding chart for relocated provisions** | **Former section or clause number** | **New section or clause number** | **Location of new section or clause** | | --- | --- | --- | | s. 3A | cl. 3A | Schedule 2A Part 2 | | s. 3AB | cl. 3AB | Schedule 2A Part 2 | | s. 7 | s. 87 | Part 7 Division 2 | | s. 7B | s. 89 | Part 7 Division 2 | | s. 12A | cl. 12A | Schedule 2A Part 3 | | s. 21A | cl. 21A | Schedule 2A Part 4 Division 1 Subdivision 1 | | s. 21B | cl. 21B | Schedule 2A Part 4 Division 1 Subdivision 1 | | s. 21C | cl. 21C | Schedule 2A Part 4 Division 1 Subdivision 1 | | s. 21D | cl. 21D | Schedule 2A Part 4 Division 1 Subdivision 1 | | s. 21E | cl. 21E | Schedule 2A Part 4 Division 1 Subdivision 2 | | s. 21F | cl. 21F | Schedule 2A Part 4 Division 1 Subdivision 2 | | s. 21G | cl. 21G | Schedule 2A Part 4 Division 1 Subdivision 2 | | s. 21H | cl. 21H | Schedule 2A Part 4 Division 1 Subdivision 2 | | s. 21I | cl. 21I | Schedule 2A Part 4 Division 1 Subdivision 2 | | s. 21J | cl. 21J | Schedule 2A Part 4 Division 1 Subdivision 2 | | s. 21P | cl. 21P | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21Q | cl. 21Q | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21R | cl. 21R | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21S | cl. 21S | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21T | cl. 21T | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21U | cl. 21U | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21V | cl. 21V | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21W | cl. 21W | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21X | cl. 21X | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21Y | cl. 21Y | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 21Z | cl. 21Z | Schedule 2A Part 4 Division 1 Subdivision 3 | | s. 24 | | Part 3 Division 2 | | s. 26 | s. 28 | Part 3 Division 4 | | s. 28 | s. 166 | Part 11 Division 1 | | s. 29 | s. 167 | Part 11 Division 2 | | s. 29A | s. 168 | Part 11 Division 2 | | s. 29B | s. 169 | Part 11 Division 2 | | s. 29C | s. 196 | Part 12 Division 7 | | s. 31A | cl. 31A | Schedule 2A Part 4 Division 2 | | s. 31B | cl. 31B | Schedule 2A Part 4 Division 2 | | s. 31C | cl. 31C | Schedule 2A Part 4 Division 2 | | s. 31D | cl. 31D | Schedule 2A Part 4 Division 2 | | s. 31E | cl. 31E | Schedule 2A Part 4 Division 2 | | s. 31F | cl. 31F | Schedule 2A Part 4 Division 2 | | s. 31G | cl. 31G | Schedule 2A Part 4 Division 2 | | s. 31H | cl. 31H | Schedule 2A Part 4 Division 2 | | s. 31I | cl. 31I | Schedule 2A Part 4 Division 2 | | s. 31J | cl. 31J | Schedule 2A Part 4 Division 2 | | s. 31K | cl. 31K | Schedule 2A Part 4 Division 2 | | s. 33 | s. 103 | Part 8 Division 1 Subdivision 4 | | s. 34 | s. 139 | Part 8 Division 5 | | s. 35 | s. 91 | Part 8 Division 1 Subdivision 1 | | s. 35A | s. 105 | Part 8 Division 1 Subdivision 5 | | s. 36 | s. 100 | Part 8 Division 1 Subdivision 3 | | s. 37 | s. 116 | Part 8 Division 1 Subdivision 7 | | s. 38 | s. 94 | Part 8 Division 1 Subdivision 1 | | s. 39A | s. 115 | Part 8 Division 1 Subdivision 7 | | s. 44 | s. 135 | Part 8 Division 4 | | s. 45 | s. 136 | Part 8 Division 4 | | s. 53A | cl. 53A | Schedule 2A Part 5 | | s. 53B | cl. 53B | Schedule 2A Part 5 | | s. 53C | cl. 53C | Schedule 2A Part 5 | | s. 53D | cl. 53D | Schedule 2A Part 5 | | s. 53E | cl. 53E | Schedule 2A Part 5 | | s. 57 | s. 84 | Part 7 Division 1 | | s. 60 | s. 67 | Part 5 Division 4 | | s. 61 | s. 68 | Part 5 Division 4 | | s. 62 | s. 69 | Part 5 Division 4 | | s. 62A | s. 70 | Part 5 Division 4 | | s. 63 | s. 71 | Part 5 Division 4 | | s. 64 | s. 72 | Part 5 Division 4 | | s. 65 | s. 73 | Part 5 Division 4 | | s. 65A | s. 74 | Part 5 Division 4 | | s. 66 | s. 75 | Part 5 Division 4 | | s. 67 | s. 76 | Part 5 Division 4 | | s. 122 | s. 211 | Part 14 | | s. 122A | s. 212 | Part 14 | | s. 123 | s. 213 | Part 14 | | s. 123B | s. 214 | Part 14 | | s. 124 | s. 170 | Part 11 Division 3 | | s. 126 | s. 217 | Part 14 | | s. 129B | s. 219 | Part 14 | | s. 129C | s. 220 | Part 14 | | s. 129D | s. 221 | Part 14 | | s. 130 | s. 224 | Part 14 | | s. 131A | s. 225 | Part 14 | | s. 131B | s. 226 | Part 14 | Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** 2, 3, 4 or 5-lot scheme 3(1) acquiring authority 169(4) address for service 3(1) ADI 3(1) administrative fund 3(1), 100(1) administrator 3(1) allowed period 89(2) amending Act Sch. 5 cl. 1 amendment 3(1) appointed day Sch. 3 cl. 1(1) approved form 3(1) assistance animal 3(1) associate 3(1) Authority 3(1) base lines 3(1) building 3(1) camping ground 212(3) capital value 3(1) caravan park 212(3) chairperson 3(1) commencement day Sch. 5 cl. 1 Commissioner of Titles 3(1) common property 3(1), 10(1), (2) and (3) common property (utility and sustainability infrastructure) easement 3(1) company Sch. 3 cl. 1(1) conduct by-laws 3(1) contract 3(1) contract of mortgage insurance 84(1) contributions 3(1) council 3(1) cubic space 3(1) date of the contract 163(4) designated function 140(4) designated interest 3(1) designated strata company 100(7) development 3(1) disability 3(1) disposition statement 3(1), 222, Sch. 2A cl. 21V(2) and 31H(2) electronic address 3(1) encumbrance 3(1) exclusive use by-laws 3(1) Exclusive use by-laws 43(1) existing small strata scheme Sch. 2A cl. 21A expiry day 3(1) financial year 3(1) first mortgagee 3(1) floor 3(1) floor area of a cubic space 3(1) floor plan 3(1) former Act Sch. 3 cl. 1(1) former by-law Sch. 3 cl. 1(1) former common property Sch. 3 cl. 1(1) former lot Sch. 3 cl. 1(1) former parcel Sch. 3 cl. 1(1) former proprietor Sch. 3 cl. 1(1) former strata scheme Sch. 3 cl. 1(1) freehold scheme 3(1), 8(2) fundamental covenant or condition 3(1), 52(1) governance by-laws 3(1) independent advocate 178A(1) infrastructure 3(1) infrastructure contract 3(1), 64(1) infrastructure owner 3(1), 64(3) insurable asset 3(1) interim development order 3(1) interim order 201(1) item registered or recorded 3(1) judicial member 3(1) key document 3(1) land 3(1) lease 3(1) leasehold by-laws 3(1) Leasehold by-laws 40(1) leasehold scheme 3(1), 8(3) legally qualified member 3(1) licensed surveyor 3(1) licensed valuer 3(1) local government 3(1) local planning scheme 3(1) location plan for a strata scheme 3(1) lot Sch. 2A cl. 2 lot in a strata scheme 3(1) lot in a survey-strata scheme 3(1) member 3(1) Minister for Lands 196(3) monetary order 3(1) mortgage 3(1) mortgagee 3(1) notifiable variation 3(1) occupier 3(1) officer 3(1) on common property 3(1) open space 3(1) order to act 3(1) ordinary resolution 3(1), 123(7) original proprietor 3(1) owner 3(1) owner of a lot Sch. 2A cl. 53A owner of the leasehold scheme 8(3) parcel 3(1) permitted boundary deviation Sch. 2A cl. 3 planning approval 3(1) Planning Commission 3(1) planning (scheme by-laws) condition 3(1) plot ratio 3(1) post-1985 company Sch. 4 cl. 1 prescribed period 27(7), 28(8) present 3(1) President 3(1) proper interest in information about a strata titles scheme 107(2) proponent 3(1), 173 proxy 125(2) real estate agent 163(4) redefining plan 169(1) Register 3(1) registered lease 3(1) registered mortgage 3(1) Registrar of Titles 3(1) replacement value 3(1) reserve fund 3(1), 100(2) resolution without dissent 3(1), 123(2) and (3) restricted use condition 3(1), 32(2) schedule of unit entitlements 3(1) scheme Sch. 2A cl. 53A scheme building 3(1) scheme by-laws 3(1) scheme developer 3(1) scheme dispute 3(1) scheme disputes 197(1) and (3) scheme document 3(1) scheme documents 12(1) scheme function 3(1) scheme notice 3(1) scheme participant 3(1) scheme participants 197(2) scheme plan 3(1) settlement agent 163(4) settlement date 3(1) short form easement or restrictive covenant 3(1), 33(1) show cause notice 151(3) single tier strata scheme Sch. 2A cl. 3 site value 3(1) sketch plan Sch. 2A cl. 21T(1) special common property 3(1), 43(1) special lot 3(1) special lots 43(1) special resolution 3(1), 123(4), (5) and (6) staged subdivision by-laws 3(1) Staged subdivision by-laws 42(1) statutory easement 3(1) strata company 3(1), Sch. 2A cl. 53A strata lease 3(1) strata leasehold estate 3(1) strata management contract 3(1), 144(1) strata manager 3(1), 143(1), Sch. 5 cl. 13(1) strata plan 3(1) strata scheme 3(1), 9(3) strata title 3(1), 13(1) strata titles scheme 3(1) structural alteration of a lot 86 structural cubic space 3(1), Sch. 2A cl. 2 structure 86 subdivided 11(1) subdivision 3(1), 11(2) survey-strata plan 3(1) survey-strata scheme 3(1), 9(3) sustainability infrastructure 3(1) take 3(1) taken 3(1) taking 3(1) taking order 196(3) temporary common property 3(1) termination day Sch. 3 cl. 12(2) termination infrastructure report 3(1), 179(2) termination proposal 3(1), 174(1) termination resolution 3(1) termination valuation report 3(1), 179(3) Transfer of Land Act requirements 3(1) transition period Sch. 4 cl. 1 Tribunal 3(1) type 1 notifiable variation 3(1) type 1 subdivision 3(1) type 2 notifiable variation 3(1) type 2 subdivision 3(1) type 3 subdivision 3(1) type 4 subdivision 3(1) unanimous resolution 3(1), 123(1) unit entitlement 3(1), 37(1) utility conduit 3(1) utility infrastructure 3(1) utility service 3(1) utility service easement 3(1), 63(1) vacant lot 3(1) volunteer strata manager 3(1) wall 3(1) working day 3(1) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer