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STRATA TITLES ACT 1988 - SECT 27D

STRATA TITLES ACT 1988 - SECT 27D

27D—Offences

        (1)         A delegate of a strata corporation who has a direct or indirect pecuniary interest in a matter in relation to which he or she proposes to perform delegated functions or powers must disclose the nature of the interest, in writing, to the corporation before performing the functions or powers.

Penalty: Division 4 fine.

Example—

For example, if the delegate would receive a commission from a person for placing business of the strata corporation with that person, it would be an offence to fail to disclose that fact before placing business with the person. Similarly, if the delegate were to profit by placing business of the strata corporation with a related body corporate, it would be an offence to fail to disclose that fact before placing business with the related body corporate.

        (2)         If an employee or agent of a delegate has a direct or indirect pecuniary interest in a matter, the delegate is, for the purposes of subsection (1), taken to have a direct or indirect pecuniary interest in the matter.

        (3)         A delegate who is a unit holder is not obliged by subsection (1) to disclose an interest that he or she has in common with all of the unit holders.

        (4)         It is a defence to a charge of an offence against subsection (1) for the defendant to prove that he or she did not know and could not reasonably have been expected to know of his or her interest in the matter.

        (5)         A delegate of a strata corporation must, on application by a unit holder, provide the applicant, on a quarterly basis, with a statement setting out details of dealings by the delegate with the corporation's money (and must continue to so provide the statements until the applicant ceases to be a unit holder or revokes the application).

Maximum penalty: $500.

        (6)         If all delegations by a strata corporation to a delegate are revoked, the delegate must return to, or make available for collection by, the corporation—

            (a)         all records of the corporation held by the delegate; and

            (b)         all trust money held pursuant to the delegations,

in accordance with any requirements prescribed by the regulations.

Penalty: Division 7 fine.

        (7)         A delegate of a strata corporation who holds records of the corporation must, at the request of any unit holder

            (a)         make those records available for the unit holder to inspect within 10 business days of the request; and

            (b)         provide the unit holder with a copy of any of the records on payment of a fee (not exceeding a fee calculated in accordance with the regulations).

Penalty: Division 9 fine.