New South Wales Consolidated Regulations

STRATA SCHEMES MANAGEMENT REGULATION 2005 - REG 23

23 Modification of applied provisions of Consumer, Trader and Tenancy Tribunal Act 2001 and regulations: section 222 (1)

(1) For the purposes of section 222 (1) of the Act, the application of the provisions of the Consumer, Trader and Tenancy Tribunal Act 2001 in relation to proceedings before the Tribunal under the Strata Schemes Management Act 1996 is modified in accordance with this clause.

(2) Section 24 (4) of the Consumer, Trader and Tenancy Tribunal Act 2001 applies in relation to notices of application for an order in addition to section 135 of the Strata Schemes Management Act 1996 , and for that purpose:

(a) the words “subsection (3)” where firstly occurring in that subsection are taken to refer to section 135 (1) of the Strata Schemes Management Act 1996 , and

(b) section 24 (4) (b) of the Consumer, Trader and Tenancy Tribunal Act 2001 is amended by omitting the words “in accordance with the Chairperson’s directions referred to in subsection (3)” and by inserting instead the words “within such time and manner as the Chairperson directs”.

(3) Section 68 of the Consumer, Trader and Tenancy Tribunal Act 2001 is to be read as not permitting an application to be made for a rehearing under that section in relation to proceedings under the Strata Schemes Management Act 1996 .

Note: Section 222 (1) of the Act provides that the provisions of the Consumer, Trader and Tenancy Tribunal Act 2001 , and of the regulations made under that Act, apply in relation to proceedings under the Strata Schemes Management Act 1996 before the Consumer, Trader and Tenancy Tribunal, subject to any modifications prescribed by the regulations.
Sections 28 (5) (g), (h) and (i), 36 and 53 of the Consumer, Trader and Tenancy Tribunal Act 2001 do not apply to proceedings under the Strata Schemes Management Act 1996 : see sections 28 (7), 36 (9) and 53 (5) of the Consumer, Trader and Tenancy Tribunal Act 2001 . As a consequence, Part 4 (being clauses 13-18) and clause 20 of the Consumer, Trader and Tenancy Tribunal Regulation 2002 also do not apply to proceedings under the Strata Schemes Management Act 1996 before the Consumer, Trader and Tenancy Tribunal.