Tuesday, September 29, 2020

Strata Schemes Management Act 2015 No 50

Part 4
Division 2
Section 57

Breaches by strata managing agent | Section 57

(1)  If a strata managing agent has been delegated a function by an owners corporation and a breach of the duty by the owners corporation would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the owners corporation) for any breach of the duty by the agent occurring while the delegation remains in force.

(2)  A strata managing agent must not, in connection with the provision of services as a strata managing agent or the exercise of functions as a strata managing agent, request or accept a gift or other benefit from another person for himself or herself or for another person.

Maximum penalty—20 penalty units.

(3)  Subsection (2) does not apply to—

(a)  remuneration paid to a strata managing agent or an employee or contractor of a strata managing agent by an owners corporation, or

(b)  a monetary commission provided to a strata managing agent, if the provision of such a commission is in accordance with the terms of appointment of the strata managing agent by the owners corporation or has been otherwise approved by the owners corporation, or

(c)  a training service provided to, or paid for, a strata managing agent, if it was related to strata management functions and the provision or payment is in accordance with the terms of appointment of the strata managing agent by the owners corporation or has been otherwise approved by the owners corporation, or

(d)  a gift or other benefit that has a value that is less than the amount prescribed by the regulations for the purposes of this subsection.

(4)  In this section—

gift has the same meaning as it has in the Electoral Funding Act 2018.
training service means a training course or service (including attendance at industry events such as conferences).

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . 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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