Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Consequential amendments
(see s 3)
Part 1.1 Agents Act 2003
[1.1] New section 8 (2) (da)
insert
(da) acting as manager of an owners corporation for a units plan;
insert
8A People not taken to carry on business as real estate agent
The following people do not carry on business as a real estate agent, and need not be licensed, only because they act as manager of an owners corporation for a units plan:
(a) a member of the owners corporation appointed as treasurer of the corporation;
(b) a member of the owners corporation appointed as manager of the corporation;
(c) a person who manages only 1 owners corporation and whose income from the owners corporation is not the person's primary source of income.
[1.3] Section 43 (2), except note
substitute
(2) The ACAT may—
(a) cancel or suspend any other licence held by the agent; or
(b) prohibit the agent administering an administrative or special purpose fund under the Unit Titles Act 2001 .
in division 7.2, insert
109A Change of owners corporation managing agent—former agent to give statement and records
(1) This section applies if a person stops being the owners corporation managing agent for an owners corporation.
(2) The person must, not later than 14 days after the person stops being the managing agent, give the owners corporation—
(a) a certified copy of the owners corporation's accounts; and
(b) the records about the management of the owners corporation.
[1.5] New section 149 (2A) and (2B)
insert
(2A) However, if the claim is in relation to a licensed real estate agent acting as manager of an owners corporation for a units plan, the amount that the claimant is entitled to claim is limited to $50 000 for a single claim.
(2B) Subsection (2A) does not apply to a claim if the cause of action on which the claim is based arose before the commencement of subsection (2A).
insert
Part 20 Transitional—Unit Titles Amendment Act 2008 (No 2)
220 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Unit Titles Amendment Act 2008 (No 2) .
(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or in another territory law.
221 Transitional effect—Legislation Act, s 88
This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
222 Expiry—pt 20
This part expires 1 year after the day it commences.
[1.7] Dictionary, new definition of owners corporation managing agent
insert
"owners corporation managing agent" means a person appointed as manager of an owners corporation for a units plan under the Unit Titles Act 2001 .
Part 1.2 Planning and Development Act 2007
before the notes, insert
(l) if the application is for the subdivision of a units plan under the Unit Titles Act 2001 , section 165B (Subdivision of units plan—application)—be accompanied by the resolution of the owners corporation under the Unit Titles Act 2001 , section 160 (3) to cancel the units plan.
[1.9] New section 165 (2) (aa)
insert
(aa) if the application is for the subdivision of a units plan under the Unit Titles Act 2001 , section 165B (Subdivision of units plan—application)—must include a condition that the units plan is cancelled; and
Part 1.3 Unit Titles Regulation 2001
[1.10] Section 10
substitute
10 Code of conduct for managers—Act, s 55E
The code of conduct in schedule 2 is prescribed.
10A Manager insurance—Act, s 55F (2)
The manager of an owners corporation must take out and maintain public liability insurance for a total amount of liability of not less than $10 000 000.
[1.11] Section 12
substitute
12 Fees for requests for unit title certificates and access to owners corporation records––Act, s 75 (4)
(1) The fee fixed by the owners corporation for a request for a unit title certificate must not be more than $80 (plus any GST payable in relation to that amount).
(2) The fee fixed by the owners corporation for a request for access to owners corporation information, records and documents in relation to a unit or common property must not be more than—
(a) if the person making the request has requested a unit title certificate in relation to the unit or the common property—$0; or
(b) in any other case—$80 (plus any GST payable in relation to that amount).
[1.12] Section 13
substitute
13 Costs of taking legal action—Act, s 88C (2) (b)
The amount prescribed is the lesser of—
(a) $750 for each unit in the units plan; and
(b) $10 000.
omit
[1.14] Schedule 1, section 9
omit
substitute
Schedule 2 Code of conduct
(see s 10)
2.1 Knowledge of Act and code
A manager must have a good working knowledge and understanding of the Act, including this code, as relevant to the manager's functions.
2.2 Honesty, fairness and professionalism
(1) A manager must act honestly, fairly and professionally in exercising the manager's functions.
(2) A manager must not try to unfairly influence the outcome of an election for the owners corporation executive committee.
2.3 Skill, care and diligence
A manager must exercise reasonable skill, care and diligence in exercising the manager's functions.
2.4 Acting in owners corporation's best interests
A manager must act in the best interests of the owners corporation unless it is unlawful to do so.
2.5 Keeping owners corporation informed of developments
A manager must keep the owners corporation informed of any significant development or issue about an activity carried out for the owners corporation.
2.6 Ensuring employees comply with Act and code
A manager must take reasonable steps to ensure that the manager's employees comply with the Act, including this code, when exercising the manager's functions.
2.7 Fraudulent or misleading conduct
A manager must not engage in fraudulent or misleading conduct in exercising the manager's functions.
2.8 Unconscionable conduct
A manager must not engage in unconscionable conduct in carrying out the manager's functions.
Examples
1 taking unfair advantage of the manager's superior knowledge relative to the owners corporation
2 requiring the owners corporation to comply with conditions that are unlawful or not reasonably necessary
3 exerting undue influence on, or using unfair tactics against, the owners corporation or the owner of a unit in the units plan
Note An example is part of the regulation, 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).
2.9 Conflict of duty or interest
A manager for an owners corporation (the first corporation ) must not accept an engagement for another owners corporation if accepting the engagement may place the manager's duty to, or the interests of, the first corporation in conflict with the manager's duty to, or the interests of, the other owners corporation.
2.10 Goods and services to be supplied at competitive prices
A manager must take reasonable steps to ensure the goods and services the manager gets for, or supplies to, the owners corporation are obtained or supplied at competitive prices.
2.11 Manager to demonstrate keeping of particular records
If an owners corporation or its executive committee asks the manager, in writing, to show that the manager has kept the owners corporation's records as required under the Act, the manager must comply with the request within a reasonable time.