95By-laws of a scheme

95 By-laws of a scheme (1) Subject to any by-law specified in the scheme statement of a scheme, Schedule 2 has effect as the by-laws of the scheme. This means Schedule 2 serves as the by-laws of a scheme whose scheme statement does not specify any by-laws. It also means the scheme statement may vary a provision of Schedule 2 and set out additional by-laws. (2) The scheme statement may specify a by-law in relation to: (a) the obligations and rights of the body corporate, unit owners and unit occupiers relating to the use or control of 1 or more of the following: (i) the scheme land; (ii) the body corporate assets; (iii) services and amenities provided by the body corporate; and (b) a matter for which a by-law may make provision under this Act. (3) A by-law is invalid to the extent to which it: (a) is inconsistent with this Act or another law in force in the Territory; or (b) unlawfully restricts the use of a unit; or

Unit Title Schemes Act 2009 60 (c) unlawfully prevents or restricts a transaction relating to a unit; or (d) unlawfully discriminates against a unit owner or unit occupier. (4) This Act does not require the member schemes of a layered scheme to have the same by-laws.