Northern Territory Consolidated Acts

UNIT TITLE SCHEMES ACT 2009

TABLE OF PROVISIONS

           Long Title

           Chapter 1 Introduction
           Part 1.1 Preliminary matters
   1.      Short title
   2.      Commencement
           Part 1.2 What this Act is about
   3.      Objects of Act
   4.      Overview of Act
           Part 1.3 Interpretation
   5.      Definitions
   6.      References about scheme
           Part 1.4 Other matters
   7.      Act binds Crown
   8.      Offences against Act
           Chapter 2 Basic operation of a scheme
           Part 2.1 Introduction
   9.      Overview of Chapter
           Part 2.2 Life of a scheme
           Division 1 Forming a scheme
   10.     Formation of scheme
   11.     Effect of formation of scheme
           Division 2 Changing a scheme
   12.     Changes to scheme statement
           Division 3 Terminating a scheme
   13.     General rules
   14.     Termination by court order
   15.     Termination by resolution
   16.     When termination takes effect
   17.     Effect of termination
           Part 2.3 Key elements of a scheme
           Division 1 Scheme statement
   18.     Requirements about scheme statement
   19.     Effect of scheme statement
   20.     Responsibilities relating to registration of scheme statement
   21.     Decision of body corporate to endorse scheme statement
   22.     Endorsement of consent authority
   23.     Provision of copies of scheme statement
           Division 2 Body corporate
   24.     Body corporate membership
   25.     Name and address of body corporate
   26.     Seal of body corporate
   27.     Functions of body corporate
   28.     Powers of body corporate
   29.     Body corporate assets
   30.     Delegation of functions and powers of body corporate
   31.     Corporations Act not apply to body corporate
           Division 3 Scheme land
           Subdivision 1 General rules
   32.     Scheme land generally
           Subdivision 2 Common property
   33.     Common property
   34.     Rights and responsibilities relating to common property
   35.     Creating new common property
   36.     Pre-existing rights
           Subdivision 3 Units
   37.     Unit
   38.     Unit owner and unit occupier
   39.     Unit entitlements
   40.     Adjusting unit entitlements under court order
   41.     Adjusting unit entitlements under agreement
   42.     Adjusting unit entitlements because of land acquisition
           Subdivision 4 Sale of proposed units
   43.     Contract for sale of units
   44.     Completion of contract
   45.     Obligations of seller
   46.     Replacement scheme disclosure statement
   47.     Implied warranty
   48.     Cancellation of contract
   49.     Restriction of power of attorney
           Subdivision 5 Easements
   50.     Easements generally
   51.     Statutory easements
           Subdivision 6 Insurance of scheme land
   52.     Body corporate policy
   53.     Body corporate policy must provide for reinstatement
   54.     Body corporate policy must provide for public liability
   55.     Other requirements for body corporate policy
   56.     Additional insurance
   57.     Insurance for mortgaged unit
           Subdivision 7 Reinstating damaged scheme land
   58.     Approved reinstatement process
   59.     Reinstatement with court approval
   60.     Reinstatement with body corporate approval
   61.     Variation of process
           Part 2.4 Development of a scheme
           Division 1 Preliminary matters
   62.     Overview of Part 63. Subsidiary scheme, higher scheme and basic scheme
           Division 2 Progressive development of a scheme
   64.     Scheme intended to be developed progressively
   65.     Implementation of stage of development otherwise than as indicated in scheme statement
   66.     Subsequent scheme statement for implementation
   67.     Requirements relating to scheme
           Division 3 Layered scheme
   68.     Layered schemes
   69.     How layered schemes are formed
           Division 4 Amalgamation of schemes
   70.     General rule
   71.     Amalgamating schemes to form layered scheme
   72.     Amalgamating schemes to form new scheme
           Chapter 3 Administration of a scheme
           Part 3.1 Introduction
   73.     Overview of Chapter
           Part 3.2 Administration of body corporate
           Division 1 Management of body corporate
   74.     Committee of management
   75.     Committee must act for body corporate
   76.     Protection of committee member
   77.     Code of conduct
           Division 2 Meeting and voting
   78.     Requirements about meeting and voting
   79.     Methods of voting
   80.     Evidence of resolutions
           Division 3 Records and notices
   81.     Records required by management module
   82.     Notices required by management module
   83.     Service of documents
           Part 3.3 Dispute resolution
   84.     What is a dispute
   85.     Application for adjudication of dispute
   86.     Powers of Court
           Part 3.4 Body corporate manager, service contractor, caretaking service contractor and letting agent
   87.     Key terms for Part 88. Original owner's obligations
   89.     No consideration for arrangement
   90.     Letting agent's obligations
   91.     Combined arrangement
   92.     Codes of conduct for body corporate manager and caretaking service contractor
   93.     Code of conduct for letting agents
           Part 3.5 Other rules governing scheme administration
           Division 1 Management modules
   94.     Management module of a scheme
           Division 2 By-laws
   95.     By-laws of a scheme
   96.     Contravention notice
   97.     Exclusive use by-laws
   98.     Review of exclusive use by-laws
           Chapter 4 Administrative matters
           Part 4.1 Supervision of schemes
   99.     Schemes supervisor
   100.    Functions of schemes supervisor
   101.    Powers of schemes supervisor
   102.    Delegation of schemes supervisor
           Part 4.2 Other administrative matters
   103.    Approved form
   104.    Jurisdiction conferred on Supreme Court and Local Court
   105.    Persons acting for Territory as unit owner
   106.    Rates
   107.    Fees
   108.    Regulations
           Part 4.3 Transitional matters for Unit Title Schemes Act 2009
   109.    Definitions
   110.    Application
   111.    Conversion of units plan or building development plan into scheme
   112.    Formation of scheme from pre-commencement development
   113.    Rights and obligations under
   114.    Transitional regulations
           Part 4.4 Consequential amendments
           Division 1 Amendment of Administration and Probate Act
   115.    Act amended
   116.    Amendment of section 72 (Definitions)
           Division 2 Amendment of Agents Licensing Act
   117.    Act amended
   118.    Amendment of section 5 (Interpretation)
   119.    Amendment of section 5B (Exemption for trust money of corporation manager)
   120.    Amendment of section 127 (Regulations)
   121.    Amendment of Schedule (Functions of conveyancing agent)
           Division 3 Amendment of Business Tenancies (Fair Dealings) Act
   122.    Act amended
   123.    Amendment of section 5 (Interpretation)
           Division 4 Amendment of Cullen Bay Marina Act
   124.    Act amended
   125.    Amendment of section 2 (Definitions)
   126.    Amendment of section 7 (Further subdivision)
   127.    Amendment of section 12A (Definitions)
           Division 5 Amendment of Darwin Waterfront Corporation Act
   128.    Act amended
   129.    Amendment of section 15 (Rates for municipal services)
           Division 6 Amendment of Housing Act
   130.    Act amended
   131.    Amendment of section 5 (Definitions)
           Division 7 Amendment of Land Title Act
   132.    Act amended
   133.    Amendment of section 4 (Definitions)
   134.    Amendment of section 51 (Plan of subdivision and plan of consolidation)
   135.    New Part 4, Division 4
           Division 4 Unit title schemes
           54A Plan of subdivision and plan of consolidation
           54B Registration of scheme statement
           54C Reservation of scheme name and body corporate name
           54D Registration of statement reflecting approved reinstatement process
           54E Registration of documents required for termination of scheme
           54F Registration and cancellation of disclosure statement
   136.    New Part 14
           Part 14 Transitional matters for Unit Title Schemes Act 2009
           220 Application
           Division 8 Amendment of Law of Property Act
   137.    Act amended
   138.    Amendment of section 67 (Right to rescind on destruction of or damage to dwelling house)
           Division 9 Amendment of Local Government Act
   139.    Act amended
   140.    Amendment of section 147 (Allotments)
   141.    Amendment of section 148 (Basis of rates)
           Division 10 Amendment of Planning Act
   142.    Act amended
   143.    Amendment of section 3 (Interpretation)
   144.    Repeal of section 43
   145.    Amendment of section 46 (Development applications)
   146.    Amendment of section 51 (Matters to be taken into account)
   147.    Amendment of section 200 (Application)
   148.    New Part 14
           Part 14 Transitional matters for Unit Title Schemes Act 2009
           201 Savings - repeal of section 43
           202 Application for development permit or exceptional development permit
           Division 11 Amendment of Real Property (Unit Titles) Act
   149.    Act amended
   150.    Amendment of long title
   151.    Amendment of section 3 (Interpretation)
   152.    Amendment of section 24 (Application)
           Division 12 Amendment of Residential Tenancies Act
   153.    Act amended
   154.    Amendment of section 4 (Definitions)
   155.    Amendment of section 51 (Cleanliness and damage)
           Division 13 Amendment of Retirement Villages Act
   156.    Act amended
   157.    Amendment of section 3 (Interpretation)
   158.    Amendment of section 12 (Contractual rights of residents)
   159.    Amendment of section 36 (Notation of Register)
           Division 14 Amendment of Swimming Pool Safety Act
   160.    Act amended
   161.    Amendment of section 22 (Definitions)
   162.    Amendment of section 23 (When swimming pools on common property to be certified or notified)
           Division 15 Amendment of Unit Titles Act
   163.    Act amended
   164.    Amendment of section 4 (Interpretation)
   165.    Repeal and substitution of sections 7 and 8
           7 Methods of voting
   166.    Amendment of section 16 (Condition of approval)
   167.    Amendment of section 26Q (Application for approval)
   168.    Amendment of section 26ZI (Lodging of building development plan)
   169.    Amendment of section 40 (Borrowing powers)
   170.    Amendment of section 42 (Acquisition and alienation of property, &c.)
   171.    Amendment of section 42A (Acquisition of additional common property)
   172.    Amendment of section 42B (Leasing of common property)
   173.    New section 94AA
           94AA Jurisdiction of Supreme Court
   174.    Amendment of section 112 (Application)
   175.    New Part XII
           Part XII Transitional matters for Unit Title Schemes Act 2009
           113 Application of Act
           114 Application - method of voting
           115 Application - jurisdiction of Supreme Court
   176.    Amendment of Schedule 1 (Articles)
           Division 16 Water Supply and Sewerage Services Act
   177.    Act amended
   178.    Amendment of section 4 (Definitions)
           Division 17 Amendment of Agents Licensing Regulations
   179.    Regulations amended
   180.    Amendment of Schedule 1
   181.    Amendment of Schedule 3 (Scheme relating to trust money of corporation manager under Unit Titles Act)
           Schedule 3 Scheme relating to trust money of corporation manager or body corporate manager
   182.    Amendment of Schedule 5 (Qualifications for agents' licences)
           Division 18 Amendment of Residential Tenancies Regulations
   183.    Regulations amended
   184.    Amendment of Schedule 2 (Residential tenancies agreement)
           Division 19 Amendment of Retirement Villages Regulations
   185.    Regulations amended
   186.    Amendment of Schedule 2 (Retirement Villages Code of Practice)
           Division 20 Expiry of Part
   187.    Expiry
           Schedule 1 Codes of Conduct
           Schedule 2 By-laws
           ENDNOTES