Community Land Management Act 1989 No 202
Historical version for 31 March 2005 to 29 September 2005 (accessed 25 November 2014 at 00:48) Current version
Part 4Division 7

Division 7 Miscellaneous

98   Orders generally

(1)  An order under this Part may include ancillary or consequential provisions.
(2)  In so far as an order (including an amended order) under this Part requires an association, or a strata corporation, to do, or refrain from doing, a specified act:
(a)  the order operates as if it were a resolution of the association or strata corporation, and
(b)  the association or strata corporation has a duty to comply with the order while it is in force.
(3)  A document that purports to be a copy of an order made by an Adjudicator or the Tribunal is evidence of the making of the order of which it purports to be a copy.

99   Time at which order takes effect

(1)  An order made under this Part that affects:
(a)  unit entitlements, or
(b)  amendments to a management statement, or
(c)  restricted property,
is ineffective until recorded in the Register.
(2)  Any other order under this Part takes effect:
(a)  when it is made, or
(b)  if the order otherwise provides—in accordance with the order.

100   Resolution purporting to alter effect of order

(1)  If an order under this Part has effect as if it were a resolution, the order may be amended or revoked only by a unanimous resolution or as provided by subsection (2).
(2)  If an order under this Part fixes a period during which a resolution of an association or strata corporation purporting to alter the effect of the order would be inoperative, such a resolution passed during that period has effect if:
(a)  it is a unanimous resolution, or
(b)  it is passed on a motion submitted to a general meeting after being authorised by the Tribunal.
(3)  An application to the Tribunal for an order authorising a motion for submission to a general meeting:
(a)  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, and
(b)  must be made to the Registrar in writing, and
(c)  must specify the order sought, and
(d)  must state the grounds on which it is based, and
(e)  must be accompanied by the prescribed fee and any prescribed deposit.
(4)  The application is to be dealt with as if it were an application required to be referred to the Tribunal for determination.
(5)  On the final determination of the application, the applicant is entitled to a refund of the deposit paid under subsection (3) (e) unless, in making the determination, the Registrar, Tribunal or Supreme Court finds that the application was frivolous, vexatious, misconceived or lacking in substance.

101   (Repealed)

102   Protection of Director-General and Adjudicators

In exercising a function under this Part, the Director-General and an Adjudicator have the same protection and immunities as a Magistrate.

103   Title to land

(1)  An Adjudicator or the Tribunal may determine a question of title to land only for the purpose of deciding a matter under this Part.
(2)  A determination under subsection (1) has effect only for the purposes of the decision to which it relates.

104   Orders relating to costs

An Adjudicator or the Tribunal may not make any order for the payment of costs except as specifically authorised by this Act or in relation to an order dismissing an application because:
(a)  the application is frivolous, vexatious, misconceived or lacking in substance, or
(b)  a decision in favour of the applicant is not within the jurisdiction of the Tribunal.

105   Expenses in proceedings under this Part

(1)  A community association or precinct association may not, in respect of its costs and expenses in proceedings brought by or against it under this Part, make a levy on:
(a)  another party who is successful in the proceedings, or
(b)  a subsidiary body of which such a party is a member.
(2)  A neighbourhood association, or a strata corporation, may not, in respect of its costs and expenses in proceedings brought by or against it under this Part, make a levy on another party who is successful in the proceedings.
(3)  An association, or a strata corporation, that is unsuccessful in proceedings brought by or against it under this Part may not pay any part of its costs and expenses in the proceedings from its administrative fund or sinking fund but, except as provided by subsections (1) and (2), may make a levy for the purpose.
(4)  In this section, a reference to proceedings under this Part includes a reference to proceedings on appeal to the Tribunal or the Supreme Court in relation to a matter arising under this Part.
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