Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• appoint
• bankrupt or personally insolvent
• contravene
• director-general
• exercise
• function
• individual
• planning and land authority.
"address for correspondence", of a company, means the address of the company's office, as registered under the law under which the company is incorporated (if provided by the law).
"administration order"—see section 136 (Who may apply for an administration order?).
"administrative fund", for division 5.2 (Administrative, special purpose and sinking funds)—see section 73.
"administrator", of an owners corporation, means a person who is appointed as the administrator of the corporation under part 10 (Administrators).
"appoint" includes engage.
"building"—
(a) for this Act generally—see the Unit Titles Act 2001, dictionary; and
(b) for division 5.4 (Insurance)—see section 99.
"building and development provision", in relation to a lease—see the Planning and Development Act 2007, section 234.
"class A unit"—see the Unit Titles Act 2001, section 10.
"class B unit"—see the Unit Titles Act 2001, section 11.
"common property"—see the Unit Titles Act 2001, section 13.
"communications officer", for an owners corporation, means the owners corporation communications officer appointed by the owners corporation under section 66.
"company "means—
(a) a company registered under the Corporations Act; and
(b) includes a body corporate.
"corporate register"—see section 113.
"court" includes the ACAT.
"default rules"—see section 106.
"developer"—see the Unit Titles Act 2001, section 17.
"developer control period", for a units plan, means the period that—
(a) starts on the day the owners corporation for the units plan is established; and
(b) ends on the day people other than the developer hold 1/3 or more of the unit entitlements for the units plan.
"development", of a unit or common property—see the Unit Titles Act 2001, dictionary.
"eligible person", for a unit or common property in relation to which access to information is required, means—
(a) the owner, or another person with an interest in the unit, or in an easement over the common property; or
(b) for a unit that is owned, or part-owned, by a company—the representative of the company; or
(c) anyone authorised in writing by a person mentioned in paragraph (a) or (b); or
(d) if access to the information is necessary or desirable for the administration of this Act—the planning and land authority.
"entitled to vote", in relation to a motion at a general meeting of an owners corporation, means a person who is entitled to vote on the motion under schedule 3, section 3.20.
"executive committee", of an owners corporation, means the executive committee of the corporation established under section 34.
"executive committee representative", for schedule 4 (Default rules)—see schedule 4, rule 1 (1).
"executive member" means a member of an executive committee.
"expected sinking fund expenditure", for division 5.2 (Administrative, special purpose and sinking funds)—see section 83.
"financed service contract", for part 9 (Protection of financiers for service contracts)—see section 130.
"financial year", for an owners corporation, means—
(a) a period of 12 months beginning on 1 July; or
(b) any other period of 12 months decided by the owners corporation.
"financier", for part 9 (Protection of financiers for service contracts)—see section 131.
"full name", of a company, means the full name of the company together with the full name of its secretary or public officer (or an equivalent office-holder).
"general fund", of an owners corporation, for division 5.2 (Administrative, special purpose and sinking funds)—see section 72.
"general fund budget", for division 5.2 (Administrative, special purpose and sinking funds)—see section 75 (1).
"general fund contribution"—see section 78 (1).
"install "includes build, place, connect or erect.
"interest"—see the Unit Titles Act 2001, dictionary.
"interested party", for an administration order—see section 136 (Who may apply for an administration order?).
"land" means—
(a) for this Act generally—the land subdivided by the units plan; and
(b) for division 5.4 (Insurance)—see section 99.
"lease", of a unit or common property—see the Unit Titles Act 2001, dictionary.
"lessee—"see the Unit Titles Act 2001, dictionary.
"maintenance", of a building, a facility for a utility service or a utility conduit, means maintenance in good repair and working order, and includes—
(a) repair; and
(b) replacement; and
(c) renewal; and
(d) restoration.
"management contract", for division 4.2 (Managers)—see section 49.
"management services", for division 4.2 (Managers)—see section 49.
"manager"—see section 49.
"member", of an owners corporation, are the members under section 10.
"mortgage" means a registered mortgage, or a registered encumbrance, within the meaning of the Land Titles Act 1925.
"mortgagee "means—
(a) for a unit—the registered proprietor of a mortgage of the lease of the unit; or
(b) in any other case—the registered proprietor of a mortgage.
"mortgagee voting notice"—see schedule 3, section 3.23 (Voting by mortgagees).
"mortgage insurance policy"—see section 142.
"ordinary resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.15.
"owner" means—
(a) for a unit—the registered proprietor of the lease of the unit and includes a part-owner; or
Note The term unit owner is also defined in the dictionary with the same meaning.
(b) for common property—the owners corporation.
"owner, occupier or user", of a unit, for schedule 4 (Default rules)—see schedule 4, rule 1 (1).
"owners corporation", for a units plan, means a corporation established under section 8.
"part-owner", of a unit, means a person registered as a joint tenant or tenant in common in relation to the unit.
Note Joint proprietors of a unit must be registered as either joint tenants or tenants in common (see Land Titles Act 1925, s 54).
"proportional share", of a contribution payable for a unit, is the proportion of the total contributions payable for all units worked out as follows:
"proprietor", of an interest in land—see the Unit Titles Act 2001, dictionary.
"reduced quorum"—see schedule 3, section 3.9 (Quorum at a general meeting—owners corporations with 3 or more members).
"reduced quorum decision"—see schedule 3, section 3.10 (Notice of reduced quorum decisions and adjournments).
"registered"—see the Unit Titles Act 2001, dictionary.
"representative"—
(a) for the part-owners of a unit—see section 11 (Part-owners of units—authorisation of representatives); or
(b) for a company that is the owner or a part-owner of a unit—see section 13 (Company-owned units—authorisation of representatives); or
(c) for a mortgagee that has given a mortgagee voting notice to an owners corporation—see schedule 3, section 3.23 (Voting by mortgagees).
"rule", for an owner corporation, means a rule of the corporation under section 106.
"rule infringement notice"—see section 109 (2).
"secretary", for an owners corporation, means the secretary of the corporation elected under section 40.
"service contract"—see section 59.
"service contractor"—see section 59.
"service contractor services", for division 4.3 (Service contractors)—see section 59.
"sinking fund", for division 5.2 (Administrative, special purpose and sinking funds)—see section 81 (2).
"sinking fund contribution"—see section 89 (1).
"sinking fund plan", for division 5.2 (Administrative, special purpose and sinking funds)—see section 82 (2).
"special purpose fund", for division 5.2 (Administrative, special purpose and sinking funds)—see section 74 (1).
"special resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.16.
"staged development"—see the Unit Titles Act 2001, section 17 (3) (Unit title applications—general requirements).
"standard quorum"—see schedule 3, section 3.9 (Quorum at a general meeting—owners corporations with 3 or more members).
"sustainability infrastructure", installed in relation to a units plan—
(a) means infrastructure and equipment that—
(i) improves the environmental sustainability of the units; or
(ii) reduces the environmental impact of the owners corporation and the unit owners; and
(b) includes related utility service connections and equipment.
Examples—par (a)
solar panels, clothes lines, rainwater tanks
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"total general fund contribution", for division 5.2 (Administrative, special purpose and sinking funds)—see section 75 (2) (a).
"total sinking fund amount", for division 5.2 (Administrative, special purpose and sinking funds)—see section 72.
"treasurer", for an owners corporation, means the treasurer of the corporation elected under section 40.
"unanimous resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.18.
"unit"—see the Unit Titles Act 2001, section 9.
"unit entitlement"—see the Unit Titles Act 2001, section 8.
"unit owner "means the registered proprietor of the lease of the unit and includes a part-owner.
Note The term owner is also defined in the dictionary with the same meaning.
"units plan"—see the Unit Titles Act 2001, dictionary.
"unit subsidiary"—see the Unit Titles Act 2001, section 12.
"unit title certificate"—see section 119.
"unopposed resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.17.
"utility conduit"—see the Unit Titles Act 2001, dictionary.
"utility infrastructure" means infrastructure and equipment necessary for, or related to, the provision of utility services.
"utility services"—see the Unit Titles Act 2001, dictionary.
"voting value"—see schedule 3, section 3.28 (2) (Value of votes).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 23 June 2011.
2 Notification
Notified under the Legislation Act on 3 November 2011.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au.
I certify that the above is a true copy of the Unit Titles (Management)
Bill 2011, which was passed by the Legislative Assembly on 20 October 2011.
Clerk of the Legislative Assembly
© Australian Capital Territory 2011