Strata Schemes Management Act 1996 No 138
Historical version for 1 September 2003 to 5 July 2004 (accessed 24 May 2013 at 08:28) Current version
Chapter 6Part 1

Part 1 Functions of Director-General under this Act

211   (Repealed)

212   Functions of Director-General

(1)  (Repealed)
(2)  The functions of the Director-General under this Act include the following:
(a)  attempting to resolve complaints and disputes relating to strata schemes, and
(b)  investigating alleged breaches of the Act, and
(c)  taking such action, including prosecution, as the Director-General thinks appropriate,
(d)  providing information to owners, occupiers, owners corporations, lessors of leasehold strata schemes, strata managing agents and the public about this Act and the services provided by the Director-General, the Adjudicator and the Tribunal,
(e)  investigating and reporting on any matters, or making inquiries in relation to any matters, referred to the Director-General by the Minister in connection with this Act.

213   Staff

Such staff as may be necessary to enable the Director-General to exercise the Director-General’s functions under this Act may be employed under and subject to Part 2 of the Public Sector Management Act 1988.

214   Delegation of functions

The Director-General may, by instrument in writing, delegate to a person employed under and subject to the provisions of the Public Sector Management Act 1988 the exercise of such of the functions (other than this power of delegation) conferred on the Director-General by or under this Act as may be specified in the instrument.

215   Investigations by Director-General

(1)  If the Director-General believes on reasonable grounds that an offence under this Act has been, or may be committed, the Director-General may exercise the following powers to investigate the grounds for the belief:
(a)  enter common property,
(b)  enter a lot at a reasonable time on notice given to the occupier,
(c)  if the strata scheme concerned is for part of a building, enter any lot in any stratum parcel that includes part of the building concerned and any other part of the building or its site at a reasonable time on notice given to the occupier of that lot or other part,
(d)  request an owners corporation to provide information to the Director-General and allow the Director-General to inspect its records under Part 5 of Chapter 3.
(2)  When exercising a power under this section, the Director-General may, if the Director-General thinks fit, be accompanied by:
(a)  a member of the executive committee of the owners corporation, or
(b)  a member of the building management committee (if any) for the building concerned, or
(c)  the managing agent (if any) of the strata scheme concerned.
(3)  A person must not obstruct or hinder the Director-General, or a delegate of the Director-General, in the exercise of powers conferred by this section.

Maximum penalty: 5 penalty units.

(4)  An owners corporation must not neglect or fail to comply with a request under subsection (1) (d).

Maximum penalty: 5 penalty units.

(5)  No charge is payable by the Director-General in connection with a request made under subsection (1) (d).

216   Annual report of Director-General

(1)  As soon as practicable after 30 June, but on or before 31 December, in each year, the Director-General is to prepare and forward to the Minister a report of the operations of the Director-General under this Act during that year.
(2)  The Minister is to lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
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