COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 5
Community association
COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 5
Community association
(1) The corporation that-- (a) is constituted under the Community Land
Development Act 1989 by the registration of a community plan as a
deposited plan, and
(b) has for its corporate name "Community Association
D.P. No" (the number inserted being that of the deposited plan),
is a
community association for the purposes of this or any other Act.
(2) The
corporation has for its members-- (a) the proprietor of each
community development lot in the community plan that has not become subject to
a subsidiary scheme, and
(b) the precinct association constituted if such a
development lot becomes subject to a precinct scheme, and
(c) the
neighbourhood association constituted if such a development lot becomes
subject to a neighbourhood scheme, and
(d) the strata corporation constituted
if such a development lot becomes subject to a strata scheme.
(3) Section 50
(1) (d) of the Interpretation Act 1987 does not apply to a
community association.
(4) A community association is declared to be an
excluded matter for the purposes of section 5F of the Corporations Act 2001
of the Commonwealth in relation to the whole of the Corporations legislation.
Note : This subsection ensures that neither the Corporations Act 2001 nor
Part 3 of the Australian Securities and Investments Commission Act 2001 of
the Commonwealth will apply in relation to a community association. Section 5F
of the Corporations Act 2001 of the Commonwealth provides that if a State law
declares a matter to be an excluded matter in relation to those Acts, then the
provisions of those Acts will not apply in relation to that matter in the
State concerned.
(5) A community association has the functions conferred or
imposed on it by Schedule 1, by other provisions of this Act and by any other
Act.
