Strata Schemes Management Act 1996 No 138
Current version for 6 January 2012 to date (accessed 23 May 2013 at 16:19)

182   Order to authorise certain acts during initial period

(1)  The Tribunal may make an order:
(a)  waiving, varying or extinguishing a restriction relating to the initial period (whether or not imposed by this Act, the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986), and
(b)  authorising any matter to be done in relation to the waiving, varying or extinguishing of such a restriction.
(2)  Notice of an application must be served on:
(a)  the owners corporation and each owner of a lot, unless the owners corporation or the owner is the applicant, and
(b)  each registered mortgagee and enrolled mortgagee (if any) of a lot and any covenant chargee having the benefit of a covenant charge affecting a lot, and
(c)  such other persons as the Tribunal may direct.
(3)  The Tribunal may order that service of notice of an application be dispensed with if the Tribunal considers it appropriate in the circumstances of the case.
(4)  The applicant and any person referred to in subsection (2) (whether or not the person has been served with a notice of the application) are entitled to appear and be heard on the hearing of the application.
(5)  An application for an order under subsection (1) may be made only by:
(a)  in any case—the owners corporation, or
(b)  in a case where the application relates to a proposed subdivision of a lot—by the original owner, or
(c)  in a case where the application relates to the making, amendment or repeal of a by-law—an owner.
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