Tuesday, May 24, 2022

Body Corporate And Community Management Act 1997

Chapter 8
Part 6A
Section 362A

Section 212 to have retrospective effect | Section 362A

(1)Section 212, as inserted by the Body Corporate and Community Management Amendment Act 2009, (the inserted section) applies, to the exclusion of existing section 212(1), to a contract mentioned in the inserted section whether entered into before or after the commencement.

(2)Subject to subsection (3), subsection (1) applies for all purposes (including a legal proceeding started but not decided before the commencement).

(3)Subsection (1)—

(a)does not apply for the purpose of a contract settled before 5 June 2009; and

(b)does not apply for the purpose of—

(i)a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or

(ii)a legal proceeding relating to the lawfulness of the cancellation; and

(c)does not apply for the purpose of a legal proceeding decided before the commencement.

(4)In this section—

commencement means the commencement of this section.

existing section 212(1) means section 212(1) as in force before the commencement.

legal proceeding, in subsection (2), includes an appeal from a legal proceeding mentioned in subsection (3)(c).

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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