Strata Schemes Management Act 2015 No 50
Division 5 General provisions relating to Tribunal powers and orders
239 Orders relating to title to land
(1) The Tribunal may determine a question of title to land only for the purpose of deciding a matter under this Act.(2) Any determination under this section does not have any force or effect except as provided by this Act.
240 Tribunal may make order of another kind
The Tribunal may deal with an application for an order under a specified provision of this Act by making an order under a different provision of this Act if it considers it appropriate to do so.
241 Tribunal may prohibit or direct taking of specific actions
The Tribunal may order any person the subject of an application for an order to do or refrain from doing a specified act in relation to a strata scheme.
242 Dismissal of application on certain grounds
The Tribunal may dismiss an application for an order if—(a) the ground for the application is the absence of a quorum at a meeting or a defect, irregularity or deficiency of notice or time, and(b) the Tribunal believes no substantial injustice has resulted.
243 Copies of orders
(1) The Tribunal is to cause a copy of an order under this Act to be given to the owners corporation for the strata scheme to which the order relates (whether or not the owners corporation is a party to the proceedings).(2) The owners corporation must—(a) display the copy of the order in a prominent position on the notice board of the owners corporation within 3 days after receiving it, and for 14 days after that, or(b) if the owners corporation does not have a notice board, cause a further copy of the order to be given to each person whose name appears on the strata roll.
244 Tribunal to be provided with strata report and inspections
(1) An owners corporation must, if required to do so by the Tribunal for the purposes of its functions under this Act, provide to the Tribunal—(a) information under Division 2 of Part 10, or(b) an opportunity to inspect items under that Division.Maximum penalty—5 penalty units.(2) The Tribunal is not liable to pay a fee for any information provided or inspection under this section.
245 Effect of certain orders imposing obligations on owners corporation
(1) The terms of the following orders, to the extent to which they impose a requirement on an owners corporation, are taken to have effect as a resolution of the owners corporation to do what is needed to comply with the requirement—(a) an order relating to a resolution under section 25 (except subsection (4)),(b) an order relating to interest or contributions under section 85 or 87,(c) an order relating to property under section 126, 127, 128, 129 or 130,(d) an order relating to insurance under section 174 or 175,(e) an order under section 232 in which the Tribunal declares that the order is to have effect as a decision of the owners corporation.(2) The owners corporation must cause the terms of any such order to be recorded in its minute book when it is given a copy of the order by the registrar.(3) If any such order specifies a period (a limitation period) during which a resolution of an owners corporation purporting to alter the effect of the order would be inoperative, a resolution passed by the owners corporation during that period has no force or effect unless—(a) it is a unanimous resolution, or(b) it is passed on a motion submitted to a general meeting after being authorised, by order, by the Tribunal.(4) A resolution that is so authorised and passed may amend or revoke an order before the end of a limitation period.(5) An application to the Tribunal for an order authorising a motion for submission to a general meeting may be made by any person who, at the time of the application, could have applied for the order to which the proposed motion relates.
246 Recording in Register of effect of certain orders
(1) The Registrar-General is to make any recordings in the Register with respect to an order under this Act that appear to the Registrar-General to be necessary or proper to give effect to the order if—(a) a copy of the order, certified by the Tribunal as a true copy, has been lodged in the office of the Registrar-General, and(b) the copy is accompanied by the certificate of title comprising the common property in the strata scheme, and(c) any fee payable for the recordings has been paid.(2) The Registrar-General may waive the requirement for the certificate of title under subsection (1) if—(a) the certificate of title has not been lodged within 21 days after written notice is given by the person lodging the copy of the order to the owners corporation requesting the lodging of the certificate of title, or(b) an application under section 111 of the Real Property Act 1900 for the issue of a new certificate of title has not been made within that period.
247 Changes to Register after orders allocating unit entitlements
(1) This section applies if—(a) a copy of an order allocating unit entitlements among lots in a strata plan is lodged with the Registrar-General in accordance with this Act, or(b) a copy of an order made by a superior court with respect to any such order is lodged with the Registrar-General and is certified by the appropriate officer of that court to be a true copy.(2) The Registrar-General must amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property to which the order relates, to the extent necessary to give effect to the order.
248 Recovery of unpaid civil penalty
Any civil penalty imposed by the Tribunal as a result of a contravention of an order under this Act that is to be paid by an owner of a lot to the owners corporation may be recovered under this Act as if it were an amount of unpaid contributions.Note.Section 72 (3) of the Civil and Administrative Tribunal Act 2013 provides for a civil penalty for a contravention of an order of the Tribunal. A monetary penalty of up to $11,000 for an individual and $22,000 for a corporation may be imposed for the contravention and may be recovered as a debt due to the Crown in a court of competent jurisdiction (see section 77 of that Act). Other penalties ordered to be paid by the Tribunal may also be recovered as debts under that Act (see section 78 of that Act).Note.Section 86 of this Act provides for the recovery of unpaid contributions.