BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 5
Savings and transitional
BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 5
Savings and transitional
5 Savings and transitional
(1) In this section—
"appointed day" means the date fixed by proclamation under section 2 .
"continued body corporate" means a body corporate continued by the operation
of subsection (3) .
"former Acts" mean the Building Units Titles Act 1965 and the Group Titles Act
1973 .
"former building units plan" means a building units plan registered under the
Building Units Titles Act 1965 , and includes a building units plan of
resubdivision registered under that Act.
"former by-law" means a by-law within the meaning of the former Acts that was
in force immediately before the appointed day.
"former group titles plan" means a group titles plan registered under the
Group Titles Act 1973 , and includes a group titles plan of resubdivision
registered under that Act.
"former lot" means a lot or unit under the former Acts as it existed
immediately before the appointed day.
(1A) For the purposes of the application of
any provision of this Act to or in respect of a plan to which the provisions
of this Act apply by reason of subsection (5) , a reference to an
original proprietor is a reference to the person who held the former parcel in
fee simple at the time of registration of the former plan in respect thereof.
(1B) The express application with or without modification of any provision of
this Act by any provision of this section to or in respect of any act, matter
or thing referred to in this section shall not, except in so far as a contrary
intention appears, be construed as preventing or limiting the application of
any other provision of this Act to that or any other act, matter or thing.
(b) in the case of a building units plan—the certificate referred to in
the Building Units Titles Act 1965 , section 4 (6) (b) states that the
approval given by the local authority to the erection of that building was
given not earlier than 2 years before the appointed day; and
(c) in the case
of a group titles plan—the certificate referred to in the Group Titles Act
1973 , section 4 (5) states that the decision of the local authority to
approve in principle the application for that certificate was given not
earlier than 2 years before the appointed day.
(2A) Without limiting the
generality of subsection (2) (a) , for the purpose of enabling a person to
comply, as referred to in that subsection, with the requirements of the
former Acts—
(a) the provisions of the Building Units Titles Act 1965 ,
section 20 (other than subsection (4) (a) , (c) , (d) , (e) , (f) and (g) )
apply to and in respect of an application for a certificate referred to in
section 4 (6) (b) of that Act relating to the proposed subdivision illustrated
by a building units plan or building units plan of resubdivision referred to
in subsection (2) ; and
(b) the provisions of the Group Titles Act 1973 ,
section 18 (other than subsection (5) (a) , (c) , (d) , (e) , (f) and (g) )
apply to and in respect of an application for a certificate referred to in
section 4 (5) of that Act, relating to the proposed subdivision illustrated by
a group titles plan or group titles plan of resubdivision referred to in
subsection (2) ;
(2B) Where a
plan is registered under subsection (2) , the land comprised in the plan shall
be deemed to have been subdivided under this Act into lots and common property
in the same manner as that land would have been subdivided if that plan had
been registered under the former Acts and any such lots or common property
shall, for the purposes of this Act, be deemed to be lots or common property.
(2C) For the purposes of the registration of a plan under subsection (2) , the
reference in section 10(5) to a building units plan of resubdivision or a
group titles plan of resubdivision shall be construed as a reference to a
building units plan of resubdivision within the meaning of the Building Units
Titles Act 1965 , section 20 (4) or, as the case may be, a group titles plan
of resubdivision within the meaning of the Group Titles Act 1973 , section 18
(5) .
(2D) Where, under any provision of this Act, any act, matter or thing
depends on or results from (either directly or indirectly) the registration of
a plan, that provision operates in relation to the registration of a plan
under subsection (2) in the same way as it operates in relation to the
registration of a plan.
(2F) The address
endorsed, as referred to in the Building Units Titles Act 1965 , section 4 (1)
(h) or the Group Titles Act 1973 , section 4 (1) (h) , upon a plan registered
under subsection (2) shall, for the purposes of this Act, be deemed to be the
address for the service of notices on the body corporate concerned until that
address is altered in accordance with this Act.
(2G) The schedule endorsed,
as referred to in the Building Units Titles Act 1965 , section 18 or the Group
Titles Act 1973 , section 15 , upon a plan (not being a building units plan of
resubdivision within the meaning of the Building Units Titles Act 1965 ,
section 20 (4) or a group titles plan of resubdivision within the meaning of
the Group Titles Act 1973 , section 18 (5) ) registered under subsection (2)
shall, for the purposes of this Act, be deemed to be the schedule referred to
in section 9 (1) (f) or 9 (2) (f) , as the case may be.
(2H) A reference to a
lot or unit shown in a plan capable of being registered under subsection (2)
made in any instrument executed before the registration of that plan under
subsection (2) (being an instrument relating to the sale or other disposition
of an estate or interest in the lot or unit so shown) shall, on and after the
registration of that plan, be construed as a reference to the lot which
corresponds to the lot or unit so shown.
(a) had an estate or interest in a former lot, has on that day the same estate
or interest in the lot which corresponds to that former lot; or
(b) had an
estate or interest (not being a right or special privilege referred to in
subsection (11) ) in former common property, has on that day the same estate
or interest in the common property which corresponds to that
former common property.
(a) would under the
Building Units Titles Act 1965 , section 10 or the Group Titles Act 1973 ,
section 9 have been registrable had this Act not been enacted but had not,
before the appointed day, been lodged for registration under those Acts; and
that transfer or lease, upon its lodgement in the
land registry, shall be dealt with under section 22(11) as if it were a
transfer or lease referred to in section 22(1) .
(a) a general
meeting of that body corporate has not been held before the appointed day, a
general meeting of that body corporate shall be held within 3 months after the
appointed day, and that general meeting shall, for the purposes of this Act
(other than section 29 (4) ) be the first annual general meeting of the
body corporate; or
(b) a general meeting of that body corporate has been held
before the appointed day, the last general meeting of that body corporate held
before that day shall, for the purposes of section 29Abe deemed to have been
the first annual general meeting.
(a) if a general
meeting of that body corporate has not been held before the commencement of
the Building Units and Group Titles Act Amendment Act 1988 , section 5 —a
general meeting of that body corporate shall be held within 3 months after
that commencement and that general meeting shall, for the purposes of this Act
(other than section 29 (4) ) be the first annual general meeting of the
body corporate; or
(b) the last annual general meeting of that body corporate
held before the commencement of the Building Units and Group Titles Act
Amendment Act 1988 , section 5 or, if no such meeting has been held, the last
general meeting held before that commencement shall, for the purposes only of
section 29A, be deemed to have been a valid meeting and the first annual
general meeting of the body corporate.
(7B) If a meeting of the
body corporate is not held in accordance with subsection (7) (a) or (7A) (a) ,
the referee may, pursuant to an application by a proprietor or first mortgagee
of a lot appoint, by order, a person to convene a general meeting within such
time as may be specified in the order and the meeting convened by that person
shall for the purposes of this Act (other than section 29 (4) ) be the first
annual general meeting of the body corporate.
(7C) An order made under
subsection (7B) may include such ancillary or consequential provisions as the
referee thinks fit.
(7D) The agenda for a meeting convened under subsection
(7) (a) , (7A) (a) or (7B) shall be the agenda specified in section 29(2) .
(a) all plans, specifications, drawings showing water pipes,
electric cables, drainage, ventilation ducts or air-conditioning systems,
certificates (other than certificates of title for lots), diagrams (including
lift wiring diagrams) and other documents (including policies of insurance)
obtained or received by the original proprietor and relating to the parcel or
building; and
(b) any book of account, notice or other record relating to the
plan; and
(c) the budget showing the estimated expenditure of the
body corporate in relation to the parcel on an annual basis;
(7F) Notwithstanding subsection (7) (b) or (7A) (b) , upon a resolution,
carried by the body corporate in general meeting held within 6 months after
the commencement of the Building Units and Group Titles Act Amendment Act 1988
, section 5 , to that effect, a reference in section 29Ato the first annual
general meeting shall, from the date of the resolution or from such earlier
date as may be specified in the resolution, be read and construed as a
reference to the date on which the last annual general meeting of the
body corporate held before the appointed day was held.
(8) Meetings of former
bodies corporate held within 2 months after appointed day Notwithstanding
schedule 2 , for the purposes of any general meeting of a
continued body corporate, being a general meeting held before the expiration
of 2 months after the appointed day—
(a) the procedure for the convening and
holding of meetings of such a body corporate and the rights of persons to vote
at and to requisition meetings of such a body corporate shall be the same as
they were under the former Acts; and
(b) where a notice is given to the
body corporate under section 53(3) , (5) or (6) —the mortgagee specified in
the notice shall have the same voting rights as the mortgagee would have had
if the meeting had been held in accordance with the former Acts and if the
notice were a notice given under the Building Units Titles Act 1965 , section
26 (2) or the Group Titles Act 1973 , section 24 (2) .
(10) Effect
of former by-laws Subject to subsection (11) , the former by-laws relating to
a former plan, together with such of the by-laws set out in schedule 3 as are
not inconsistent with the former by-laws, shall be the by-laws relating to the
corresponding plan to which the provisions of this Act apply by reason of
subsection (5) save to the extent of any inconsistency of the former by-laws
with any provision of this Act other than schedule 3 .
(10A) It is hereby
declared that, notwithstanding any addition to or amendment or repeal of any
of the by-laws set forth in the Building Units Titles Act 1965 , schedule 2
or, as the case may be, in the Group Titles Act 1973 , schedule 2 before the
appointed day, those by-laws were part of the former by-laws relating to a
former plan.
(10B) However, if, at any time before the expiration of 6 months
after the commencement of the Building Units and Group Titles Act Amendment
Act 1988 , section 5 , the body corporate lodges with the registrar of titles
a notification in the prescribed form of any such addition, amendment or
repeal (having been made before that commencement by a by-law or former by-law
that was valid at the time it was made) upon the registrar of titles recording
the notification on the corresponding plan, those by-laws as added to, amended
or repealed as particularised in the notification shall be deemed to be part
of the former by-laws relating to the former plan.
(10C) In relation to that
plan those by-laws shall be deemed to be the by-laws set forth in schedule 3
and the provisions of this Act shall apply thereto.
(11) Maintenance of
exclusive use etc. of, and special privileges in respect of, common property
Where immediately before the appointed day a proprietor of a former lot was
entitled, whether pursuant to a resolution of the body corporate under the
former Acts or pursuant to a former by-law, to a right of exclusive use and
enjoyment of, or special privileges in respect of, any of the
former common property, the proprietor for the time being of the lot shall
continue to be entitled to that right or those special privileges and the
resolution or former by-law, as the case may be, shall be deemed to be a
by-law made pursuant to section 30(7) .
(12A) Any determination made under the former Acts by a body corporate
specifying amounts to be raised by regular periodic contributions shall be
deemed to be a determination made under the provisions of section 38(1) (j)
of a kind referred to in the provisions of section 38(4) until the repeal of
each of those provisions by the Building Units and Group Titles Act Amendment
Act 1988 , and, on and from the commencement of section 5 of that Act, under
section 38A (1) of a kind referred to in section 38A(5) .
(14) Inspection of
former records etc. A continued body corporate shall cause to be retained,
until the expiration of the prescribed period, any records, minutes of
meetings, notices and books of account kept or received by it before the
appointed day and in its custody or under its control on that day and upon
application under section 40(1) made in respect of a lot the subject of the
plan concerned shall make those records, minutes, notices and books available
for inspection by the applicant or the applicant’s agent at a time and place
ascertained in accordance with section 40(1) (b) .
(14A) Section 40(2)
applies to the making of an inspection referred to in subsection (14) in the
same way as it applies to the making of an inspection referred to in
section 40(1) (b) .
(15) Administrative and sinking funds of continued
bodies corporate Where a determination made under the Building Units Titles
Act 1965 , section 15 (2) (b) or the Group Titles Act 1973 , section 13 (2)
(b) by a continued body corporate was in force immediately before the
appointed day, that determination shall be deemed to be the determination
required to be made by that body corporate under the provisions of section 38(1) (j) until the repeal of those provisions by the
Building Units and Group Titles Act Amendment Act 1988 and, on and from the
commencement of section 5 of that Act, under section 38A (1) .
(15A) Where a
fund was, immediately before the appointed day, kept under the Building Units
Titles Act 1965 , section 15 (2) (a) or the Group Titles Act 1973 , section 13
(2) (a) by a continued body corporate that fund shall, on the appointed day,
be deemed to be the fund required to be established by that body corporate
under the provisions of section 38(1) (l) until the repeal of those
provisions by the Building Units and Group Titles Act Amendment Act 1988 and,
on and from the commencement of section 5 of that Act, under section 38 (1) .
(15C) In relation to a
continued body corporate which had, before the appointed day, made a
determination under the Building Units Titles Act 1965 , section 15 (2) (b) or
the Group Titles Act 1973 , section 13 (2) (b) but had not before that day
established a fund under the Building Units Titles Act 1965 , section 15 (2)
(a) or the Group Titles Act 1973 , section 13 (2) (a) , in the
Building Units and Group Titles Act 1980, section 38(1) (l) which has been
repealed by the Building Units and Group Titles Act Amendment Act 1988 the
words ‘upon first determining the amounts referred to in paragraph (j) ’
shall be read as ‘upon receiving any amounts raised pursuant to a
determination referred to in section 5 (15) (a) ’.
(a)
determine what part of its administrative fund should be allocated for the
purpose of meeting its actual or expected liabilities referred to in
section 38A(2) ; and
(b) notwithstanding section 38(3) , transfer the
amount so determined to its sinking fund.
(16) Notices to
continued body corporate in respect of roll A notice given under the Building
Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 , section
24 (2) before the appointed day by a mortgagee to a body corporate shall, for
the purpose of the making by the body corporate of a recording under
section 39(3) (c) of the name of the mortgagee of the lot specified in the
notice, be deemed to be a notice given to that body corporate under section 53(3) and for the purpose of completing the recording in the roll required by
section 39(3) (c) —
(a) the address (if any) specified in the notice as the
address of the mortgagee shall be deemed to be the address for the service of
notices on the mortgagee shown in a notice given to the body corporate under
section 53(3) ; and
(16A) Any notice given before the appointed day by a
mortgagor of a former lot to a body corporate, being a notice of the discharge
of a mortgage notice of which had been given to the body corporate under the
Building Units Titles Act 1965 , section 26 (2) or the Group Titles Act 1973 ,
section 24 (2) shall, for the purpose of the making under section 39(3) (e)
by the body corporate of a recording of the discharge of that mortgage, be
deemed to be a notice given to that body corporate under section 53(4) .
(a) if levied pursuant to a determination specifying amounts to be
raised by regular periodic contributions, be deemed to be a contribution
determined under section 38A(1) ; or
(b) except as provided in paragraph (a)
, be deemed to be a contribution determined under section 38A(2) .
(19) Operation of
section 53 in relation to former planSection 53extends to authorising the
giving by any person to a continued body corporate of a notice after the
occurrence of any event specified in that section notwithstanding that that
event occurred before the appointed day.
(20) Modification of part 4,
division 6 Section 55does not apply to or in respect of a
continued body corporate which has in force on the appointed day a policy of
insurance expiring not later than 1 year after the appointed day and effected
by it in accordance with the Building Units Titles Act 1965 , section 15 (1)
(a) or the Group Titles Act 1973 , section 13 (1) (a) until the expiry of that
policy.
(20A) Section 56(1) (a) does not apply to or in respect of a
continued body corporate which has in force on the appointed day a policy of
insurance expiring not later than 1 year after the appointed day and effected
by it in accordance with the Building Units Titles Act 1965 , section 15 (1)
(b) or the Group Titles Act 1973 , section 13 (1) (b) until the expiry of that
policy.
(20B) Sections 57(2) and 60apply to and in respect of a policy of
insurance entered into in accordance with the former Acts before the
appointed day between a continued body corporate and an insurer in the same
way as those sections apply to and in respect of a contract of insurance
entered into between a body corporate and an insurer pursuant to part 4 ,
division 6 .
(20C) Notwithstanding the repeal of the Building Units Titles
Act 1965 , section 17 of that Act continues to apply to and in respect of a
policy of insurance referred to in that section entered into before the
appointed day until the expiry of that policy as if this Act had not been
enacted.
(21) Effect of section 62 in relation to former parcels A valuation
of a former parcel made by the valuer-general in accordance with the Building
Units Titles Act 1965 , section 21 (2) (a) or the Group Titles Act 1973 ,
section 19 (2) (a) and in force immediately before the appointed day shall,
for the purposes of this Act, be deemed to be a valuation made in accordance
with section 62 (1) by the chief executive (valuations).
(21A) In relation to
a parcel to which the provisions of this Act apply by reason of subsection (5)
a valuation of which had not, at the appointed day, been made in accordance
with the Building Units Titles Act 1965 , section 21 (2) (a) or the Group
Titles Act 1973 , section 19 (2) (a) in section 62(2) the words ‘the
registration of a plan’ shall be read as ‘the appointed day’.
(22)
Evidence of lot entitlement on former plans Save where particulars of the
lot entitlements of lots are endorsed upon a copy of a registered plan (or
amendment thereof) furnished by the registrar of titles under section 14, the
particulars of the lot entitlements of any former lots shown on a certified
copy of the building units plan referred to in the Building Units Titles Act
1965 , section 21 (3) or a group titles plan referred to in the Group Titles
Act 1973 , section 19 (3) or on any amendment thereof and furnished to any
authority referred to in the Building Units Titles Act 1965 , section 21 (3)
or the Group Titles Act 1973 , section 19 (3) shall for the purposes of
section 63be deemed to be particulars endorsed on a plan furnished to that
authority under section 14of the lot entitlements of the lots.
(23)
Destruction of or damage to building or extinguishment under former Acts Any
proceedings under the Building Units Titles Act 1965 , section 19 (1) or the
Group Titles Act 1973 , section 16 (1) which were pending before the Court
immediately before the appointed day may be continued and completed as if they
were proceedings under section 25.
(23A) A declaration made under the
Building Units Titles Act 1965 , section 19 (1) (b) or the Group Titles Act
1973 , section 16 (1) (b) (ii) before the appointed day shall, notwithstanding
the repeal of the former Acts, continue to operate and shall have the same
force and effect as if this Act had not been enacted.
(23B) Any proceedings
for an order referred to in the Building Units Titles Act 1965 , section 19
(3) which were pending before the Court immediately before the appointed day
may be continued and completed as if they were proceedings under section 25(7) .
(23C) An order made under the Building Units Titles Act 1965 , section
19 (3) before the appointed day shall, notwithstanding the repeal of the
former Acts, continue to operate and shall, subject to subsection (23D) , have
the same force and effect as if this Act had not been enacted.
(23D) An order
referred to in the Building Units Titles Act 1965 , section 19 (3) may be
varied in the same way as if it were an order made under section 25.
(23E)
Notwithstanding the repeal of the former Acts—
(a) the Building Units Titles
Act 1965 , section 11 and the regulations made under that section continue to
apply to and in respect of a building which before the appointed day was
destroyed within the meaning of that Act and the parcel on which that building
was situated;
(b) the Group Titles Act 1973 , section 17 and the regulations
made under that section continue to apply to and in respect of a plan which
before the appointed day was extinguished within the meaning of that Act.
(24) Administrators under former Acts A person who, immediately before the
appointed day, held office as an administrator under the Building Units Titles
Act 1965 , section 23 or the Group Titles Act 1973 , section 21 shall,
notwithstanding the repeal of the former Acts, continue to have the powers and
duties the person had, as the holder of that office, immediately before the
appointed day.
(24A) The provisions of the Building Units Titles Act 1965 ,
section 23 or the Group Titles Act 1973 , section 21 continue to apply to and
in respect of a person holding office as referred to in subsection (24)
notwithstanding the repeal of the former Acts.
(24B) Where immediately before
the appointed day an application under the Building Units Titles Act 1965 ,
section 23 (1) or the Group Titles Act 1973 , section 21 (1) was pending, the
Court shall remit the application to such referee as it thinks fit on such
terms and conditions (including terms and conditions relating to the payment
of the costs of the application up to the date of the remittal) as it thinks
fit and an application so remitted shall be deemed to be an application
capable of being made under section 94.
(25) Recovery of rates paid by
body corporate A continued body corporate may recover any amount referred to
in the Building Units Titles Act 1965 , section 16 (1) or the Group Titles Act
1973 , section 14 (1) paid by it, whether before or after the appointed day,
as if the Building Units Titles Act 1965 , section 16 (3) or the Group Titles
Act 1973 , section 14 (3) had not been repealed by this Act.
(26) Regulations
The Governor in Council may, for the purposes of bringing lots, units, common
areas, common property, bodies corporate and councils, within the meaning of
the former Acts, under the provisions of this Act and applying the provisions
of this Act, with or without modifications, additions or exclusions to or in
respect of any such lots, units, common areas, common property, bodies
corporate or committees, and for any purposes incidental thereto, make
regulations containing such transitional, consequential or savings provisions
as the Governor in Council considers necessary or expedient.
(27) A
regulation made under subsection (26) may make provisions which differ in
their application according to such factors as may be specified in the
regulation.