2000
2000
2005-06-17
Community Land Management Act
1989
act-1989-202
reg
none
reprint
sl-2004-0410
allinforce
website
Gazette No 112 of 1 September 2000, page
8798
1
2005-09-01
sl-2000-0513
c2464953-fdd4-4b65-8218-d79ff63c909e
28303842-8259-4af4-8683-091af519b54d
Does not include amendments
by:
Community Land Management Amendment
(Fees) Regulation 2005 (228) (GG No 73 of 17.6.2005, p
2341) (not commenced — to commence on 1.7.2005)
Part 1Preliminary
1Name of
Regulation
This Regulation is the Community Land Management Regulation
2000.
2Commencement
This Regulation commences on 1 September
2000.
Note—
This Regulation replaces the Community Land
Management Regulation 1995 which is repealed on 1
September 2000 under section 10 (2) of the Subordinate
Legislation Act 1989.
3Definition
(1)
In this Regulation:
the
Act means the Community Land
Management Act 1989.
(2)
The explanatory note, table of contents and notes
in the text of this Regulation do not form part of this
Regulation.
Part 2Election of executive
committee
4Election of executive
committee
(1)
At a meeting of an association at which its
executive committee is to be elected, the chairperson is:
(a)
to announce the names of the candidates already
nominated in writing for election to the executive committee,
and
(b)
to call for any oral nominations of candidates
eligible for election to the executive committee.
(2)
A written or oral nomination made for the
purposes of such an election is ineffective if it is made by a person other
than the nominee unless it is supported by the consent of the nominee
given:
(a)
in writing, if the nominee is not present at the
meeting, or
(b)
orally, if the nominee is present at the
meeting.
(3)
After the chairperson declares that nominations
have closed, the association is to decide, in accordance with section 28 of
the Act, the size of the executive committee.
(4)
If the number of candidates:
(a)
is the same as, or fewer than, the number decided
on as the size of the executive committee—those candidates are to be
declared by the chairperson to be, and are to be taken to have been, elected
as the executive committee, or
(b)
is greater than the number so decided on—a
ballot is to be held.
5Ballot for executive
committee
(1)
If a ballot for membership of the executive
committee of an association is required, the chairperson is:
(a)
to announce to the meeting the name of each
candidate and the nominator of the candidate, and
(b)
to provide each person present and entitled to
vote at the meeting with a blank ballot-paper for each vote the person is
entitled to cast.
(2)
For a vote to be valid, a ballot-paper must be
completed by the voter writing on it:
(a)
the names of each of the candidates for whom the
voter desires to vote, the number of names written being no more than the
number determined by the association as the size of the executive committee,
and
(b)
the capacity in which the voter is exercising a
right to vote, whether:
(i)
as proprietor, first mortgagee or covenant
chargee of a lot (identifying the lot), or
(ii)
as a company nominee, or
(iii)
by proxy (identifying the name and capacity of
the person who gave the proxy).
(3)
The chairperson is to successively declare
elected each candidate who has a greater number of votes than another
candidate who has not been elected until all the places for membership of the
executive committee have been filled.
(4)
If a place remains to be filled but there are 2
or more eligible candidates with an equal number of votes, the candidate to
fill the place is to be decided by a show of hands of those present and
entitled to vote.
Part 3Records of an
association
6Periods for retention of
documents: Sch 1, cl 9
For the purposes of clause 9 of Schedule 1 to the
Act, the prescribed period for each class of record set out in the Table to
this clause that must be retained by the association is the prescribed period
set out opposite that class of record.
Table
Class of
record
Prescribed
period
Record of
the proceedings of a meeting (clause 9 (a))
7 years
from the date of the meeting
Accounting
record (clause 9 (b))
7 years
from the date of the latest entry in the record
Summary and
other particulars required to be recorded in relation to a notice or order
served on it (clause 9 (c))
7 years
from the date of the notice or order
Financial
statement (clause 9 (d))
7 years
from the date up to which the relevant financial statement is
made
Correspondence received or sent (clause 9 (e))
6 years
from the date of the correspondence
Copy of
notice of meeting (clause 9 (f))
6 years
from the date of the meeting to which the notice relates
Proxy
(clause 9 (g))
1 year from
the expiration of the proxy
Voting
paper for resolutions (clause 9 (h))
6 years
from the date of the meeting at which the voting took
place
Voting
paper for election of executive committee and officers (clause 9
(i))
6 years
from the date of the meeting at which the voting took
place
Record
served on it by its managing agent (clause 9 (j))
6 years
from the date of the record
Notice
specifying an address for service (clause 9 (k))
6 years
from the date of the notice
7Accounting records: Sch 1, cl
10
(1)
For the purposes of clause 10 of Schedule 1 to
the Act the prescribed accounting records to be kept by an association are as
follows:
(a)
a receipt book,
(b)
a passbook, a deposit book, or statement of
deposits and withdrawals that are in chronological order, for the account of
the association,
(c)
a cash record,
(d)
a levy register.
(2)
Separate accounting records must be kept for the
administrative fund, the sinking fund and any other fund in which money is
held by the association.
(3)
An association is guilty of an offence if it does
not keep such records in accordance with the requirements of this
Part.
Maximum penalty (subclause (3)): 5 penalty
units.
8Maintenance of
records
The accounting records of an association may be
recorded or stored by mechanical, electronic or other
means.
9Receipt
book
(1)
A receipt must be issued for each amount of money
received by the treasurer for the credit of a fund.
(2)
The following particulars must be included on
each receipt:
(a)
the date of the receipt,
(b)
the amount of money received,
(c)
the form in which the money was
received,
(d)
the name and address of the person on whose
behalf the amount was received,
(e)
particulars of the transaction or transactions in
respect of which the payment was received.
(3)
If the payment is a contribution levied under
clause 13 of Schedule 1 to the Act, the following additional particulars must
be entered:
(a)
a statement that the payment was made in respect
of the contribution,
(b)
a statement identifying the land or premises in
respect of which the liability to make the contribution was
imposed,
(c)
if the contribution is a regular periodic
contribution—details of the period in respect of which it is
made,
(d)
details of any discount given for early
payment.
(4)
If a payment is received in respect of more than
one transaction, the manner in which the payment is apportioned between the
transactions must be entered on the receipt.
(5)
The association must:
(a)
in the case of a receipt issued from a receipt
book—keep the duplicate receipt in the receipt book created by a carbon
impression, or
(b)
in the case of any other type of
receipt—cause a record to be kept of all the details of the
receipt.
10Cash
record
(1)
As soon as practicable after a transaction is
effected, the following must be entered:
(a)
in the receipts section of the cash
record—particulars of all money received,
(b)
in the payments section of the cash
record—particulars of all money disbursed.
(2)
At the end of each month, the cash record must be
balanced and the balance carried forward to the commencement of the next month
and to a ledger account provided for that purpose.
(3)
At the end of each month:
(a)
the entries in the cash record must be compared
with the bank records, and
(b)
amounts credited to the bank account and
appearing in the bank records for which no receipt had been written and
amounts debited to the bank account and appearing in the bank records for
which no cheque had been drawn must be entered in the cash
record.
(4)
Any necessary reconciliation (showing the balance
in the bank account as indicated in the bank records, and adding any money
received but not banked and deducting any cheques drawn but not presented for
payment) must be entered in the cash record at the end of the entries for the
month.
11Levy
register
(1)
The levy register for a fund must include a
separate section:
(a)
for each development lot and former development
lot (if any) in the community scheme, in the case of a register kept by a
community association, or
(b)
for each development lot and former development
lot (if any) in the precinct scheme, in the case of a register kept by a
precinct association, or
(c)
for each neighbourhood lot in the neighbourhood
scheme, in the case of a register kept by a neighbourhood
association.
(2)
Each of the sections referred to in subclause (1)
must specify, by appropriate entries, the following matters in relation to
each contribution levied by the association and must indicate whether those
entries are debits or credits and the balances for those entries:
(a)
the date on which the contribution is due and
payable,
(b)
the type of contribution and the period in
respect of which it is to be made,
(c)
the amount of the contribution levied shown as a
debit,
(d)
the amount of each payment shown as a
credit,
(e)
the date on which each payment is
made,
(f)
whether a payment was made in cash or by cheque
or in some other specified manner,
(g)
whether an amount paid comprised full payment or
part payment,
(h)
the balance of the
account.
Part 4Mediation
12Directions of
Commissioner
The Commissioner may give directions for
regulating and prescribing the practice and procedure to be followed in
connection with a mediation session, including the preparation and service of
documents.
13Attendance and
representation
(1)
A mediation session must be attended by each
party or by a legal representative, or other representative, having authority
to settle the matter.
(2)
Other persons may attend a mediation session with
the leave of the mediator.
14Termination
(1)
A mediator may terminate a
mediation.
(2)
A party may terminate a mediation at any time by
giving notice of the termination to the Commissioner, the mediator and each
other party.
Part 5General
15Property insurance: sec
39
For the purposes of section 39 of the Act, the
amount for which insurance is to be effected against damage to association
property or a building on association property is the sum of the following
amounts:
(a)
the estimated cost (as at the date of the
contract of insurance) of rebuilding the building, or replacing it with a
similar building, so that every part of the rebuilt building or replacement
building is in a condition no worse than that in which it was when
new,
(b)
the estimated cost (as at the date of the
contract of insurance) of removing debris in the event of the building being
destroyed by an occurrence specified in the policy,
(c)
the estimated fee (as at the date of the contract
of insurance) payable to architects and other professional persons employed in
the course of the rebuilding or replacing referred to in paragraph
(a),
(d)
the estimated amount by which expenditure
referred to in paragraphs (a), (b) and (c) may increase during the period of
18 months following the date of the contract of
insurance.
16Other insurance: sec
40
For the purposes of section 40 (3) (b) of the
Act:
(a)
the prescribed amount of cover for insurance
referred to in section 40 (2) (b) of the Act is $10,000,000,
and
(b)
the prescribed amount of cover for other
insurance referred to in, or prescribed under, section 40 (2) of the Act is
the amount determined by resolution of the
association.
17Valuations to be obtained for
insurance purposes
A person is qualified to carry out a valuation
for the purposes of section 39A of the Act if the person:
(a)
is a registered valuer, or
(b)
has successfully completed a course conducted by
a tertiary institution that qualifies the person to be a quantity
surveyor.
18Conduct of proceedings before
Tribunal
(1)
An application to the Tribunal may be heard in
the following manner if all of the parties indicate that they do not intend to
call witnesses and the Tribunal and all of the parties agree that the
application should be heard in that manner:
(a)
each party may, in turn, present its case orally
and unsworn and may be questioned by any other party,
(b)
each party may produce and tender evidence in
support of its case, unless the Tribunal directs that any such evidence may
not be tendered,
(c)
each party may comment on any other party’s
case after all of the parties have presented their cases,
(d)
each party may make a final
submission.
(2)
The order in which each party presents its case
is to be as determined by the Tribunal.
(3)
This clause is a modification of the provisions
of the Residential Tribunal Act
1998, and of the regulations under that Act, for the
purposes of section 91A (1) of the Community Land
Management Act 1989.
cl 18: Am 2000 No 93,
Sch 2.8; 31.8.2001.
18AModification of applied
provisions of Residential Tribunal Act
1998 and regulations: section 91A
(1)
(1)
The following provisions do not apply in relation
to proceedings before the Tribunal under the Act:
(a)
sections 27 (5) (g) and (h), 33 and 48 of the
Residential Tribunal Act
1998,
(b)
Part 5 (being clauses 11 to 15) and clauses 16
and 26 of the Residential Tribunal Regulation
1999.
(2)
Section 25 (2) of the Residential Tribunal Act 1998 applies in
relation to notices of application for an order in addition to section 70B of
the Community Land Management Act 1989, and
for that purpose the words “this section” in that subsection are
taken to refer to section 70B (1) of the Community Land
Management Act 1989.
Note—
Section 91A (1) of the Act provides that the
provisions of the Residential Tribunal Act
1998, and of the regulations made under that Act, apply in
relation to proceedings under the Community Land
Management Act 1989 before the Residential Tribunal,
subject to any modifications prescribed by the regulations.
Various provisions of the Act (for example,
Divisions 1–3 of Part 4 of the Act) do not relate to proceedings before
the Residential Tribunal and therefore are not affected by section 91A
(1).
cl 18A: Ins
31.8.2001.
19Inspection of records of
managing agent: Sch 4, cl 1
For the purposes of clause 1 (1) (j) of Schedule
4 to the Act, the prescribed records to be kept in relation to a scheme in
respect of which the association’s duties have been delegated is the
trust account ledger for the association referred to in clause 27 (3) of the
Property, Stock and Business
Agents (General) Regulation 1993.
20Fees
(1)
The following fees are payable to an association
in respect of the services specified:
Service
Fee
Inspection
of association records under section 26:
(a)
for up to 1 hour
$21
(b)
for each additional half hour or part of a half
hour
$10
Issue by an
association of a certificate under section 26
$70, and
$35 for a further certificate for a lot comprising a garage that services the
lot the subject of the first certificate
(2)
The following fees are payable to the Registrar
in respect of the services specified:
Service
Fee
Lodging an
application for an order for settlement of a dispute or complaint by an
Adjudicator or the Tribunal under Part 4 of the Act:
(a)
if the application includes an application for an
interim order under section 72 of the Act
$118
(b)
if it does not
$59
Lodging a
notice of appeal against an order made by an Adjudicator under section 88 of
the Act
$59
Lodging an
application for a copy of an order made by an Adjudicator or the Tribunal, or
other document not being a transcript, per page
$2 per page
or $21 (whichever is greater)
Issuing a
summons to appear before the Tribunal under section 94 of the
Act
$33
Duplicate
tape recording of evidence or proceedings, per cassette
“at
cost”
Copy of
written transcript of evidence or proceedings, per page
“at
cost”
(3)
The following fee is payable to the
Director-General in respect of the service specified:
Service
Fee
Application
for mediation
$59
cl 20: Am 2000 No 93,
Sch 2.8; 23.2.2001; 22.2.2002; 27.6.2003; 30.6.2004.
21Waiver and remission of
fees
(1)
The Director-General may waive payment of the fee
under the Act for an application for mediation, or may remit any such fee paid
to the Director-General, if the Director-General considers it appropriate to
do so in the circumstances.
(2)
The Registrar may waive payment of any other fee
under the Act, or may remit any such fee paid to the Registrar, if the
Registrar considers it appropriate to do so in the
circumstances.
cl 21: Subst
30.6.2004.
22Savings
Any act, matter or thing which, immediately
before the repeal of the Community Land Management Regulation
1995 by the operation of section 10 (2) of the Subordinate Legislation Act 1989, had
effect under that Regulation continues to have effect under this
Regulation.
Historical
notes
Table of amending
instruments
Community Land
Management Regulation 2000 published in Gazette No 112 of
1.9.2000, p 8798 and amended as follows:
Statute Law (Miscellaneous
Provisions) Act (No 2) 2000 No 93. Assented to 8.12.2000.
Date of commencement of Sch 2.8, 1.9.2001, Sch 2.8 and GG No 132 of 31.8.2001,
p 6565.
Community Land Management Amendment
(Fees) Regulation 2001 (GG No 41 of 23.2.2001, p
790)
Community Land Management Amendment
(Residential Tribunal) Regulation 2001 (GG No 132 of
31.8.2001, p 6738)
Community Land Management Amendment (Fees) Regulation
2002 (GG No 48 of 22.2.2002, p 961)
Community Land Management Amendment (Fees) Regulation
2003 (GG No 104 of 27.6.2003, p 5994)
Community Land Management Amendment
(Fees) Regulation 2004 (GG No 109 of 30.6.2004, p
4861)
Table of
amendments
Cl
18
Am 2000 No
93, Sch 2.8; 31.8.2001.
Cl
18A
Ins
31.8.2001.
Cl
20
Am 2000 No
93, Sch 2.8; 23.2.2001; 22.2.2002; 27.6.2003; 30.6.2004.
Cl
21
Subst
30.6.2004.