Community Land Management Act 1989 No 202
Current version for 4 July 2014 to date (accessed 26 January 2015 at 09:19)
Part 5ADivision 1

Division 1 Functions of Director-General under this Act

109A   (Repealed)

109B   Functions of Director-General

(1)  (Repealed)
(2)  The functions of the Director-General under this Act include the following:
(a)  investigating and carrying out research into matters relating to or affecting community schemes,
(b)  investigating and attempting to resolve complaints and disputes relating to community schemes and taking such action as the Director-General thinks appropriate,
(c)  prosecuting any offence under this Act or the regulations,
(d)  providing information to proprietors, occupiers, associations, managing agents and the public about this Act and the services provided by the Director-General, Adjudicators and the Tribunal,
(e)  to investigate and report on any matters, or make inquiries in relation to any matters, referred to the Director-General by the Minister in connection with this Act.

109C   Advice and conciliation by the Director-General

(1)  The Director-General may:
(a)  give advice to a participant in a scheme (other than a developer) as to the rights and remedies available in relation to matters referred to in subsection (2), or
(b)  endeavour to bring the interested parties to an agreement which will settle any question, dispute or difficulty that arises in relation to those matters, or
(c)  inform the appropriate consent authority of any departure from the terms of a development contract or from the development consent for a staged scheme.
(2)  The matters referred to in this subsection are matters that relate to:
(a)  a development contract, or
(b)  a covenant implied by section 15 on registration of a development contract, or
(c)  a development consent for a community scheme, precinct scheme or neighbourhood scheme, or
(d)  an amendment or modification of such a contract, covenant or consent, or
(e)  the operation, administration or management of a scheme.
(3)  In this section, the reference to a participant in a scheme is a reference to:
(a)  the proprietor (other than a developer) of a lot within the scheme, or
(b)  an association or strata corporation constituted under the scheme.

109D   Staff of Director-General

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.

109E   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.

109F   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 association property or common property,
(b)  enter a development lot,
(c)  enter a neighbourhood lot or a strata lot at a reasonable time on notice given to the occupier,
(d)  request an association or strata corporation to provide information to the Director-General and allow the Director-General to inspect its records under section 26.
(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 an association or strata corporation, or
(b)  the managing agent (if any) of the 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 association 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).

109G   (Repealed)

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