Schedule 4 Savings, transitional and other provisions
(Section 247)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Statute Law (Miscellaneous Provisions) Act (No 2) 2000, but only in relation to the amendments made to this Act
(2) Such a provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or on a later date.(3) To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of that publication.
Part 2 Provisions consequent on the enactment of this Act
2 Owners corporations constituted under former provisions
A body corporate constituted under:(a) section 54 of the Strata Schemes (Freehold Development) Act 1973 before its amendment by the Strata Schemes Management (Miscellaneous Amendments) Act 1996, or(b) section 83 of the Strata Schemes (Leasehold Development) Act 1986 before its amendment by the Strata Schemes Management (Miscellaneous Amendments) Act 1996,is taken to have been constituted as an owners corporation under section 11 of this Act.
3 Pending proceedings and applications
Any proceedings commenced but not determined or finalised under provisions of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 repealed by the Strata Schemes Management (Miscellaneous Amendments) Act 1996 may be dealt with and determined as if that Act had not been amended by the Strata Schemes Management (Miscellaneous Amendments) Act 1996.
4 Previous orders made by Commissioner or a board
(1) An order made by the Commissioner or a strata titles board under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 is taken to have been made by an Adjudicator or the Strata Schemes Board under the corresponding provision of this Act.(2) Despite subclause (1):(a) Part 6 of Chapter 5 of this Act does not apply to such an order, and(b) the provisions of the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986 relating to the contravention of orders as in force immediately before their repeal continue to apply to such an order.
5 Previous decisions of owners corporations
A decision, consent or approval of an owners corporation under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 before its amendment by the Strata Schemes Management (Miscellaneous Amendments) Act 1996 is taken to have been made under this Act.
(1) Section 59 of the Strata Schemes (Freehold Development) Act 1973 continues to apply to a contribution levied by an owners corporation under that Act before the repeal of that section.(2) Section 89 of the Strata Schemes (Leasehold Development) Act 1986 continues to apply to a contribution levied by an owners corporation under that Act before the repeal of that section.(3) Part 3 of Chapter 3 does not apply to a contribution referred to in this clause.
An order under section 156 of the Strata Schemes (Freehold Development) Act 1973 in force immediately before the repeal of that section is taken to have been made under section 95 of this Act.
8 References in other Acts and instruments
A reference in any other Act or in any instrument to a body corporate constituted under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 (however expressed) is taken to be a reference to an owners corporation within the meaning of this Act.
9 Abolition of Strata Titles Boards
A Strata Titles Board in existence immediately before the repeal of section 98A of the Strata Schemes (Freehold Development) Act 1973 is abolished on the completion of any proceedings being heard by it.
10 Certain matters not affected by repeal of provisions
Any act, matter or thing that, immediately before the repeal of a provision of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 by the Strata Schemes Management (Miscellaneous Amendments) Act 1996 was done for the purposes of, or had effect under, that provision is taken to have been done for the purposes of, or to have effect under, this Act.
Part 3 Provisions consequent on amendment of Act
In any other Act or instrument:(a) a reference to the Strata Schemes Board is taken to be a reference to the Residential Tribunal, and(b) a reference to an order or declaration of the Residential Tribunal made in the exercise of jurisdiction conferred by the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or this Act includes a reference to an order or declaration made by the Strata Schemes Board under any of those Acts and in force immediately before the commencement of the Residential Tribunal Act 1998, and(c) a reference to the Registrar of the Strata Schemes Board is taken to be a reference to the Registrar of the Residential Tribunal.
Part 4 Provisions consequent on Strata Schemes Management Amendment Act 2002
12 Effect of certain common property management agreements
(1) Any agreement that was in force immediately before the commencement of Part 4A of Chapter 2 that, if entered into after that commencement, would be a caretaker agreement is taken to be a caretaker agreement appointing a caretaker.(2) However:(a) the caretaker is not required to be or have been entitled to exclusive possession of a lot or common property either while the agreement is in force or as a precondition to entering into the agreement, and(b) section 40B (2) does not apply to such an agreement, and(c) an application for an order under section 183A may not be made with respect to such an agreement on the ground that the period for which the agreement is in force is harsh, oppressive, unconscionable or unreasonable.
(1) In this clause, the amending Act means the Strata Schemes Management Amendment Act 2002.(2) Clause 11 (4) of Schedule 2, as amended by the amending Act, extends to an instrument appointing a proxy that was in force immediately before that subclause was amended by that Act.(3) Clause 11 (7A) and (7B) of Schedule 2, as inserted by the amending Act, extend to a proxy that was in force immediately before those subclauses were inserted by that Act.
Part 5 Provisions consequent on enactment of Strata Schemes Management Amendment Act 2004
In this Part:amending Act means the Strata Schemes Management Amendment Act 2004.
Section 29A does not affect the exercise of a function under this Act before the commencement of that section.
Section 80D applies only to legal advice or legal services sought, or legal action entered into, after the commencement of that section.
Section 88A does not affect any insurance that was taken out in accordance with the provisions of this Act as in force before the commencement of that section.
18 Disclosures under Legal Profession Act 1987
Section 230A does not apply to a disclosure under Division 2 of Part 11 of the Legal Profession Act 1987 made before the commencement of that section.
19 Notice of annual general meeting
Clause 34 (g) of Schedule 2 does not apply to a notice served before the commencement of that paragraph.
20 Agenda for annual general meeting
Clause 34A of Schedule 2 does not apply to the agenda of a meeting notice of which was served before the commencement of that clause.
21 Notice of executive committee meetings
Clause 6 of Schedule 3, as in force immediately before its substitution by the amending Act, continues to apply to a meeting notice of which was given before the substitution of that clause.
22 Minutes of executive committee meetings
Clause 16 of Schedule 3, as in force immediately before its substitution by the amending Act, continues to apply to a meeting held before the substitution of that clause.
Part 6 Provisions consequent on enactment of Strata Management Legislation Amendment Act 2008
In this Part, amending Act means the Strata Management Legislation Amendment Act 2008.
24 Exclusive by-laws relating to parking
(1) The repeal of section 56 by the amending Act does not affect any by-law that was recorded by the Registrar-General before that repeal.(2) Section 56 as in force immediately before its repeal by the amending Act is taken to continue to apply to a proposed by-law for which written approval was given under that section before that repeal but that was not recorded by the Registrar-General before that repeal.
25 Existing proxies and powers of attorney
(1) An amendment made to this Act by the amending Act does not affect the casting of a vote by means of any proxy or power of attorney in force immediately before the commencement of the amendment.(2) However, subclause (1) does not operate in relation to the casting of a vote in any period during which the proxy or power of attorney is in force because of a renewal or extension of its term that took place after the commencement of the amendment concerned.
Part 7 Provision consequent on enactment of Courts and Crimes Legislation Amendment Act 2008
An appeal to the Supreme Court for which a hearing date had been allocated before the commencement of Schedule 18 to the Courts and Crimes Legislation Amendment Act 2008 is to be determined as if that Act had not been enacted.