validation 2, 7, 8; Sections 38(2), 43(5) and (6), 45(3), 57(2) and (3), 66 and 93(2): transitional 4, 5, 6, 9, 10, 11
1a On the date on which this compilation was prepared, provisions referred to in the following table had not come into operation and are not included in this compilation. For the text of the provisions see the endnote referred to after the short title.
2 Section 5(5) of the Strata Titles Amendment Act 1995 (No. 58 of 1995) reads as follows ¾ } (5) A plan registered under the principal Act before the provision inserted by subsection (3) came into operation is declared to be, and to have always been, valid if it would have been valid at the time of registration had that provision been then in operation.
4 Section 38(2) of the Strata Titles Amendment Act 1995 (No. 58 of 1995) reads as follows ¾
} (2) A strata company does not commit an offence by contravening section 35A(1) of the principal Act during the period from the commencement of subsection (1) to the expiration of 12 months after that commencement.
} (5) Subsection (4) of section 42 of the principal Act as in force immediately before the commencement of this section applies to any unrecorded by-laws, but the lodgment of notice under paragraph (a) of that subsection in respect of any unrecorded by-law shall be effected not later than ¾
(a) 2 years after the passing of the resolution for that by-law; or
(b) 12 months after the commencement of section 43(5) of the Strata Titles Amendment Act 1995,
whichever is the sooner.
(6) In subsection (5) ¾
}unrecorded by-law~ means a by-law or an amendment or repeal of a by-law made, but not referred to on the strata/survey-strata plan as required by section 42(4) of the principal Act, before the commencement of this section.
} (3) A strata company does not commit an offence by contravening section 43(1)(b)(ia) of the principal Act during the period from the commencement of subsection (1)(a)(i) to the expiration of 12 months after that commencement.
} (2) Expenditure made by the council of a strata company at any time before the commencement of subsection (1) that would have been within paragraph (e) of section 47(2) of the principal Act if that section had then been in operation is declared to be, and to have always been, as valid as it would have been if that section had been then in operation.
} (3) Any insurance effected and maintained by a strata company at any time before the commencement of subsection (1)(b) that would have been within section 55(1)(b) of the principal Act if that section and subsection (1)(b) had then come into operation is declared to be, and to have always been, as valid as it would have been if that section and subsection (1)(b) had then come into operation.
} (2) Section 60, as inserted by subsection (1), applies to a plan registered after the commencement of this section.
(3) Section 60, as it existed before the commencement of this section, continues to apply, despite its repeal, to a plan registered before that commencement.
} 66. Transitional provision
Despite their repeal by section 63, sections 68 and 69 of the principal Act continue to apply to any contract, agreement or document entered into before the commencement of section 63 and the provisions inserted into the principal Act by that section do not apply to any such contract, agreement or document.
13 Now see the Water Agencies (Powers) Act 1984 (No. 3 of 1984).
14 Section 112(2) of the Public Sector Management Act 1994 (No. 31 of 1994) allows references to the Public Service Board to be read as references to the Minister for Public Sector Management.
15 Section 12(2) and (3) of the Strata Titles Amendment Act 1996 (No. 61 of 1996) reads as follows ¾
} (2) If ¾
(a) a resolution without dissent has been passed by a strata company for a scheme during the relevant period consenting to a proposed re-subdivision and allocation of unit entitlement as mentioned in subparagraph (ii) of section 8A(a) of the principal Act; but
(b) the plan of re-subdivision was not registered before the expiry of the relevant period,
the resolution without dissent is to be treated as if it were a unanimous resolution for the purposes of that paragraph.
(3) In subsection (2) ¾
}relevant period~ means the period ¾
(a) beginning on the day of the commencement of the Strata Titles Amendment Act 1995; and
(b) ending with the day before the commencement of the Strata Titles Amendment Act 1996.
} 30. Transitional provisions as to insurance
(1) If immediately before the day on which section 25 of the Strata Titles Amendment Act 1996 commences (}the commencement day~) a strata company for a single tier strata scheme is maintaining insurance in respect of ¾
(a) buildings in the scheme; and
(b) damage to property, death or bodily injury,
that after the commencement day satisfies the requirements of new section 53D(3), the strata company is to be taken to have made a determination for the purposes of new section 53B(2).
(2) Subsection (1) does not prevent the strata company exercising the power under new section 53B(2) to revoke a determination under that section.
(3) If immediately before the commencement day a strata company for a single tier strata company is exempt from the requirements of section 54 or 55(1)(c) of the principal Act by order of a referee under section 103J of that Act, the order continues in force after the commencement day as if the order exempted the strata company from the obligation to insure imposed on it by new section 53D.
(4) An order to which subsection (3) applies ceases to have effect if ¾
(a) at any time after the commencement day a proprietor serves notice in writing ¾
(i) on the strata company; or
(ii) in the case of a two-lot scheme, on the other proprietor,
that he requires the termination of the order; and
(b) the notice is recorded on the strata/survey-strata plan by the Registrar of Titles.
(5) It is for the person who has served a notice under subsection (4) to lodge a copy of the notice, accompanied by the prescribed form, with the Registrar of Titles for the purpose of subsection (4)(b).
(6) In this section ¾
}new section~ refers to a section inserted in the principal Act by section 25 of this Act.
(a) under section 36A or 36B a fund for administrative purposes was not maintained under section 36(1)(a);
(b) the strata company was required to effect and maintain the insurance to which the premium or other charge related; and
(c) the proprietor ¾
(i) paid another proprietor's share of the amount; and
(ii) applies to a referee for an order under section 103L within 3 months after the commencement of subsection (1).
19 Now known as Commissioner of State Revenue.
20 On the date on which this compilation was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 67 had not come into operation. It reads:
}
67. Strata Titles Act 1985 amended
Section 73(1)(g)(i) of the Strata Titles Act 1985 is amended by deleting }, and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938~.
28. Strata Titles Act 1985
(1) The amendments in this section are to the Strata Titles Act 1985.
(2) Section 25B(3) is repealed and the following subsection is inserted instead ¾
(5) Section 26(7) is amended as follows:
(a) by deleting }this section, other than an appeal to the Town Planning Appeal Tribunal,~ and inserting instead ¾
} subsection (4) ~
(b) by deleting }or (5)~.
(6) Section 26(8) is amended by deleting }(4) or~.
(7) Section 26(9) is amended by deleting }relevant~.
(8) Section 26(10) is amended by deleting }a Minister~ and inserting instead ¾
} the Minister ~.
(9) Section 26(11) is amended by deleting }a Minister~ and inserting instead ¾
(10) Section 27(3) is amended by deleting }to the Minister to whom the administration of the Town Planning and Development Act 1928 is for the time being committed by the Governor or to the Town Planning Appeal Tribunal constituted under that Act~ and inserting instead ¾
(12) Section 27(7) is amended as follows:
(a) by deleting }Minister or the~ in the 4 places where it occurs;
(b) by deleting }, as the case may be,~.
(13) Section 27(8) is amended by deleting }Minister or the~.
(14) Section 27(9) is amended as follows:
(a) by deleting }Minister or the~ in the 3 places where it occurs;
(b) by deleting }, as the case requires,~.
(15) Section 27(10)(a) is amended by deleting }Minister or the~.