Wednesday, September 30, 2020

Owners Corporation Act 2006

Part 13
Schedule 2

Transitional and savings provisions | Schedule 2

 1     Definitions

In this Schedule—

“commencement day” means the day on which section 211 of the new Act comes into operation;

“Subdivision Act” means Subdivision Act 1988 ;

“subdivision body corporate” has the same meaning as body corporate has in the Subdivision Act as in force immediately before the commencement day;

“Subdivision Regulations” means the Subdivision (Body Corporate) Regulations 2001;

“new Act” means Owners Corporations Act 2006 .

        2     General transitional provisions

(1)     This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .

(2)     This Schedule applies despite anything to the contrary in any other provision of the new Act.

        3     Subdivision bodies corporate deemed to be owners corporations

On and from the commencement day, a subdivision body corporate is deemed to be an owners corporation within the meaning of the Subdivision Act as amended by the new Act and to be the same body despite that change.

        4     References to subdivision bodies corporate

On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind, a reference to a subdivision body corporate (however described) must be read as a reference to an owners corporation.

        5     Rules of body corporate

Any rules of a subdivision body corporate in force immediately before the commencement day, continue in force on and after that commencement and are deemed to be rules of the owners corporation under the new Act to the extent that they are not inconsistent with the new Act or the regulations under the new Act.

        6     Body corporate certificate

A body corporate certificate issued under the Subdivision Regulations and existing immediately before the commencement day is deemed to be an owners corporation certificate under the new Act.

        7     Committees

A committee or sub-committee of a body corporate under the Subdivision Regulations and existing immediately before the commencement day is deemed on that commencement to be a committee or sub-committee established by the relevant owners corporation under the new Act.

        8     Resolutions

(1)     A resolution of a body corporate in force immediately before the commencement day continues in force (until amended or revoked) to the extent that it is not inconsistent with the new Act or the regulations under the new Act or the Subdivision Act as amended by the new Act.

(2)     A postal ballot commenced under the Subdivision Regulations but not completed before the commencement day may be completed on or after the commencement day despite anything to the contrary in this Act and any resolution resulting from that postal ballot takes effect as a resolution of the owners corporation to the extent that it is not inconsistent with the new Act or the regulations under the new Act or the Subdivision Act as amended by the new Act.

(3)     Any delegation made by a subdivision body corporate and existing immediately before the commencement day continues in force as a delegation under the new Act until—

(a)     if it is inconsistent with the new Act, the first annual general meeting of the owners corporation after the commencement day; and

(b)     in any other case, it is revoked by the owners corporation under the new Act.

        9     Managers

(1)     Despite section 178, a person who was a manager of a subdivision body corporate for fee or reward immediately before the commencement day may continue to act as the manager of an owners corporation for the period of 3 months after the commencement day without being registered under Part 12.

(2)     Despite section 178, a person who was a manager of a subdivision body corporate for fee or reward immediately before the commencement day and who applies to the Business Licensing Authority, before the end of the period of 3 months after the commencement day, for registration under Part 12 may, without being registered under Part 12, continue to act as the manager of an owners corporation until the application is finally determined.

        10     Administrators

Any administrator of a subdivision body corporate appointed by the Supreme Court or the County Court under section 38 of the Subdivision Act before its repeal by the new Act continues as administrator of the owners corporation and for that purpose section 38 continues to apply despite its repeal.

        11     Transitional regulations

(1)     The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act.

(2)     Regulations under this clause may have retrospective effect to a day on or after the day on which this Act receives Royal Assent.

(3)     Regulations under this clause have effect despite anything to the contrary in any Act (other than this Act) or in any subordinate instrument.

        12     Saving of certain delegations

A delegation under section 11 is not invalid merely because of the commencement of section 5 of the Consumer Acts Amendment Act 2011 .

Sch. 3 (Heading and cls 1–13) amended by No. 2/2008 s. 22, repealed by No. 1/2010 s. 92.

*     *     *     *     *

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. 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.

didn't find what you are looking for?

Try searching for It

Hello!

Drop us a message!