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Unit Titles (Management) Act 2011
64Service contractor—ending contract
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64 Service contractor—ending contract
(1) The owners corporation may end a service contract—
(a) for a remedial breach if notice has been given under section 65;
or
(b) for misbehaviour; or
(c) if the service contractor is an individual—if the individual—
(i) becomes bankrupt or personally insolvent; or
(ii) is convicted in the ACT of an offence punishable by
imprisonment for at least 1 year; or
(iii) is convicted outside the ACT, in Australia or elsewhere, of
an offence that, if it had been committed in the ACT, would
be punishable by imprisonment for at least 1 year; or
(d) if the service contractor is a corporation—if the corporation
becomes insolvent.
(2) However, before ending a service contract under
subsection (1) (c) (ii) or (iii), the owners corporation must be satisfied
that the conviction affects the service contractor’s suitability to
exercise the contractor’s functions.
(3) The owners corporation must end a service contract—
(a) if the service contractor is absent, other than on approved leave,
for 14 consecutive days or for 28 days in any 12-month period;
or
(b) for physical or mental incapacity, if the incapacity substantially
affects the exercise of the service contractor’s functions.
insolvent—a corporation is taken to be insolvent if the corporation—
(a) is being wound up; or
(b) has had a receiver or other controller appointed; or
(c) has entered into a deed of company arrangement with its
creditors; or
(d) is otherwise under external administration under the
Corporations Act, chapter 5.
remedial breach means a remedial breach under section 65.