South Australia Community Titles Regulations 1996 under the Community Titles Act 1996 Contents Part 1--Preliminary 1 Short title 3 Interpretation Part 2--Requirements relating to plans 4 Plans and maps to comply with guidelines 5 Lot entitlements (section 20(3)) 6 Encroachments 7 Minor amendment of plan 8 Submission of outer boundary survey plan 9 Examination of plans 10 Additional information as to applications 11 Certification of irregular boundaries 12 Notification on deposit of plan 13 Issue of certificates of title on deposit of plan Part 3--Administration of community schemes Division 1--General 15 Delegation (section 75(5)) 16 Matters to be addressed at first general meeting 17 Agenda for annual general meeting (section 81(5)(d)) 18 Proof of insurance 19 Unanimous or special resolution for acquisition of property 20 Interest on arrears of contributions by lot owners (section 114(4)(b)) 21 Notice for payment of contribution or instalment (section 114(6)(a)) 22 Resolutions authorising expenditure (section 119) 23 Register of owners of community lots (section 135(2)) 24 Records (sections 136 and 137) 25 Audit (section 138(1) and (4)) 26 Fee for provision of information 27 Services provided by corporations Division 2--Agent's trust accounts 28 Authorisation of fees, costs and disbursements (section 123(b)) 29 Authorised trust accounts (section 124) 29A General duty with respect to electronic records 30 Cash books 30A Separate trust ledger accounts 30B Reconciliation statements 31 Receipt of trust money 32 Payment of trust money 33 Audit of trust accounts 34 Agent's statement 35 Certain persons may not audit accounts and records of agent Schedule 1--Forms Schedule 2--Fees Legislative history Part 1--Preliminary 1--Short title These regulations may be cited as the Community Titles Regulations 1996. 3--Interpretation In these regulations, unless the contrary intention appears-- the Act means the Community Titles Act 1996. Part 2--Requirements relating to plans 4--Plans and maps to comply with guidelines A plan or map lodged with the Registrar-General for the purposes of the Act must comply with any requirements specified in guidelines issued, from time to time, by the Registrar-General. 5--Lot entitlements (section 20(3)) The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100 000 but must not be a number that exceeds 100 000. 6--Encroachments For the purposes of section 27(1)(b)(ii) of the Act-- (a) associated structures are all structures (including a roof) that are supported by footings that protrude beyond the boundaries of the community parcel and include all things attached to those structures; (b) the prescribed distance for the protrusion of footings and associated structures is 200 millimetres or such other distance as the Registrar-General may determine in a particular case. 7--Minor amendment of plan The minor amendment of the delineation of lots or common property referred to in section 54(3) of the Act is a change in the position of the boundary of a lot or the common property by 200 millimetres or less. 8--Submission of outer boundary survey plan (1) Subject to subregulation (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar-General-- (a) an outer boundary survey plan of the land to be divided in a form approved by the Registrar-General; and (b) the appropriate fee prescribed by Schedule 2. (2) Subregulation (1) does not apply in relation to an application for the division of land in respect of which the Registrar-General has determined that subregulation (1) should not apply. (3) The Registrar-General must examine the outer boundary survey plan and must, if satisfied that the requirements of these regulations have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to: (a) the applicant or the applicant's agent; and (b) the council (if any) for the area in which the land is situated. 9--Examination of plans The Registrar-General must not deposit a plan under the Act unless he or she has examined the plan and is satisfied with it. 10--Additional information as to applications The Registrar-General may require a person who has made an application to him or her under the Act to provide him or her with any information that the Registrar-General requires to consider the application. 11--Certification of irregular boundaries Where a plan shows land bounded by a watercourse, lake, the sea or some other irregular boundary, the Registrar-General may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor. 12--Notification on deposit of plan (1) After the Registrar-General deposits a plan in the Lands Titles Registration Office under the Act he or she must-- (a) notify the applicant or the applicant's agent in writing of the deposit; and (b) notify the council (if any) for the area in which the land is situated in writing of the deposit and send a copy of the deposited plan to the council. (2) A notification or other document required to be given under this regulation may be sent by electronic means. 13--Issue of certificates of title on deposit of plan On depositing a plan of community division in the Lands Titles Registration Office the Registrar-General must issue a separate certificate of title for each lot and the common property created by the plan. Part 3--Administration of community schemes Division 1--General 15--Delegation (section 75(5)) (1) A community corporation may delegate any of its functions and powers (except this power of delegation) to a member or employee of the corporation or to a member of a secondary or tertiary corporation within the same community scheme. (2) A corporation may delegate the following functions and powers to any person: (a) the receipt and holding of money and other personal property on behalf of the corporation; and (b) payment of money on behalf of the corporation; and (c) the preparation of statements of expenditure and statements of accounts; and (d) the collection of money due to the corporation; and (e) entering into contracts of insurance with insurers on behalf of the corporation; and (f) maintaining and keeping records on behalf of the corporation; and (g) issuing and signing notices on behalf of the corporation; and (h) preparing minutes of meetings of the corporation; and (i) providing information as required by the Act on behalf of the corporation; and (j) investing money on behalf of the corporation; and (k) arranging for the maintenance and repair of the common property on behalf of the corporation. (3) A corporation cannot delegate a function or power under subregulation (1) or (2) if the function or power is of a kind that can only be performed or exercised by the corporation by passing a special or unanimous resolution. (4) A delegation by a corporation-- (a) may be absolute or conditional; (b) does not derogate from the power of the corporation to act in any matter. 16--Matters to be addressed at first general meeting The following are prescribed under section 80(2)(e) of the Act as matters that must be addressed at the first general meeting of a corporation: (a) whether the policies of insurance taken out by the developer are adequate; (b) whether the corporation should establish a management committee; (c) the delegation of functions and powers by the corporation; (d) whether the by-laws of the scheme need amendment. 17--Agenda for annual general meeting (section 81(5)(d)) The agenda for each annual general meeting must include consideration of the policies of insurance required by the Act to be held by the corporation. 18--Proof of insurance A person who is required by section 106(1) of the Act to insure a building must provide the community corporation with a photocopy of the current certificate of the insurance that he or she has taken out to satisfy that requirement. 19--Unanimous or special resolution for acquisition of property (1) A community corporation's acquisition of a freehold or leasehold interest in a lot must be authorised by a unanimous resolution of the corporation (see section 112(3)(a) of the Act). (2) If the cost of the acquisition by a community corporation of property (other than property referred to in subregulation (1))-- (a) is $5 000 or more the acquisition must be authorised by a unanimous resolution of the corporation; or (b) is less than $5 000 the acquisition must be authorised by a special resolution of the corporation. 20--Interest on arrears of contributions by lot owners (section 114(4)(b)) A community corporation, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not-- (a) exceed a rate of 15 per cent per annum; and (b) must not demand payment of interest on unpaid interest. 21--Notice for payment of contribution or instalment (section 114(6)(a)) A notice of a contribution or instalment of a contribution served by a community corporation on the owner of a lot must include the following information: (a) identification of the lot in relation to which the contribution or instalment is payable; and (b) the amount of the contribution or instalment; and (c) in the case of a contribution that is payable in instalments--the amount of each instalment and the day on which each instalment is payable; and (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served); and (e) the total amount that the corporation has decided to raise by way of contributions by the owners of community lots; and (f) the purpose or purposes for which the money raised will be used; and (g) the rate of interest payable in respect of a contribution or instalment that is in arrears; and (h) the name of the person to whom the contribution or instalment should be sent or delivered. 22--Resolutions authorising expenditure (section 119) Expenditure by a community corporation-- (a) of less than an amount that is equivalent to $2 000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the corporation; (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5 000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; (c) of the larger of the two amounts referred to in paragraph (b) or more must be authorised by a unanimous resolution. 23--Register of owners of community lots (section 135(2)) A community corporation must keep a record of information used to compile its register of the names and addresses of the owners of the community lots for a period of at least seven years. 24--Records (sections 136 and 137) (1) Documents of the following kinds must be kept by community corporations: (a) receipts for the expenditure of money; and (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money; and (c) ADI statements and all other documents providing evidence of dealing with money invested or on deposit. (2) All documents and records kept by a corporation must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying. (3) The following periods are prescribed under sections 136 and 137(2) of the Act as the period for which a corporation must keep its records and documents: (a) minutes of meetings--30 years; (b) accounting records--7 years; (c) any statements of account--7 years; (d) notices or orders served on the corporation--7 years; (e) correspondence--7 years; (f) notices of meetings--7 years. 25--Audit (section 138(1) and (4)) A community corporation is exempted from the requirement to have the annual statement of accounts audited if-- (a) all of the community lots of the community scheme are owned by the same person; or (b) all money payable to the corporation is received and held by an agent on behalf of the corporation in accordance with the Act and these regulations; or (c) the number of community lots in the community scheme is six or less and during the financial year to which the exemption will relate, the corporation has passed a unanimous resolution exempting the corporation from that requirement; or (d) the aggregate of the contributions made, or to be made, by members of the corporation in respect of the year to which the statement relates does not exceed $3 000 and the balance standing to the credit of the administrative fund and the sinking fund at the commencement of that year does not exceed $3 000 for each fund. 26--Fee for provision of information (1) Subject to subregulation (1a), the following fees are prescribed for the purposes of section 139(2) of the Act: (a) in the case of an application for all or any of the information referred to in section 139(1)(a)-- (i) where the applicant is the owner of a community lot--no fee; (ii) in any other case--$25 per application; (b) in the case of an application for copies of all or any of the documentary material referred to in section 139(1)(b)-- (i) where the applicant is the owner of a community lot--$5 per application; (ii) in any other case--$25 per application, plus an additional fee of $10 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the corporation; (c) where an application is made to inspect all or any of the documentary material referred to in section 139(1)(c)-- (i) where the applicant is the owner of a community lot--no fee; (ii) in any other case--$5 per application. (1a) Where GST is payable in relation to goods, services or other things supplied in response to an application referred to in subregulation (1), the fee prescribed by that subregulation is increased so that, after deduction of the GST, the amount of the fee remaining is equal to the fee prescribed by subregulation (1). (2) A community corporation may reduce or waive any fees under subregulation (1). (3) In this regulation-- GST means the tax payable under the GST law; GST law means-- (a) A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and (b) the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things. 27--Services provided by corporations (1) A community corporation may, pursuant to section 143 of the Act, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot. (2) The provision of a service under subregulation (1) is subject to the following restrictions: (a) a service must not be provided to a person who has not agreed with the corporation to accept the service; (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the corporation. Division 2--Agent's trust accounts 28--Authorisation of fees, costs and disbursements (section 123(b)) (1) An agent may withdraw money from a trust account held on behalf of a community corporation in satisfaction of a claim that the agent has against the corporation for fees, costs or disbursements if the corporation has agreed in writing to pay to the agent those fees, costs or disbursements. (2) An agent who becomes entitled to money held in the agent's trust account in or towards satisfaction of the agent's fees, costs or disbursements must, as soon as practicable (and in any event within three months), transfer the money to an account maintained by the agent for receipts other than trust money. Maximum penalty: $500. 29--Authorised trust accounts (section 124) Accounts for the time being approved by the Commissioner for Consumer Affairs in relation to the holding of trust money under the Land Agents Act 1994 and the Conveyancers Act 1994 are prescribed for the purposes of section 124 of the Act. 29A--General duty with respect to electronic records If an agent uses a computer program to keep records under this Division, the agent must ensure that-- (a) an electronic copy of all the records is made within 24 hours of any alteration of the records; and (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the agent as part of the agent's records; and (d) an up-to-date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating. 30--Cash books (1) For the purposes of section 126(1)(c) of the Act, the detailed accounts of receipts and disbursements of trust money to be compiled by an agent must comply with the following requirements: (a) a cash receipts book must be kept in which the agent records the following information in respect of each receipt of trust money: (i) the date and reference number of the receipt; (ii) the name of the person from whom the money is received; (iii) the name of the community corporation or reference to which the transaction relates; (iv) brief particulars of the purpose of the receipt; (v) the amount of the receipt; (b) a cash payments book must be kept in which the agent records the following information in respect of each payment of trust money: (i) the date and reference number of the cheque or electronic transfer of funds by which the payment was made; (ii) the name of the payee; (iii) the community corporation's name or reference to which the transaction relates; (iv) brief particulars of the purpose of the payment; (v) the amount of the cheque or electronic transfer of funds. (2) However, an agent need not keep a cash receipts book or a cash payments book as required by subregulation (1) if the agent uses a computer program to record the information referred to in that subregulation in respect of each receipt or payment of trust money and the program-- (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subregulation (1) is recorded in respect of each receipt and payment; and (b) is capable, at any time, of producing-- (i) a report of the information in respect of receipts of trust money in the order in which they were received; and (ii) a report of the information in respect of payments of trust money in the order in which they were made. (3) An agent who uses a computer program as referred to in subregulation (2) must ensure that-- (a) at the end of each month, hard copies of each of the following reports are produced: (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received; (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and (b) those hard copies are kept as part of the agent's records. (4) The records of receipts and payments must be made by the agent in accordance with this regulation in the order in which they are received or made, each such record being made within 2 working days after the receipt or payment in question. (5) Subregulation (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 working days after the agent receives official confirmation that the transfer has occurred. 30A--Separate trust ledger accounts (1) An agent must ensure that the agent's trust ledger accounts are kept separately-- (a) in respect of each of the agent's clients; and (b) if the agent performs services for a corporation in respect of a number of transactions between different parties--in respect of each such transaction. (2) The agent must record in each of the separate accounts the following details: (a) the name and address of the corporation to whom the accounts relate; (b) a brief description of the service provided and the transaction to which the accounts relate; (c) in respect of each receipt or disbursement of trust money-- (i) the date and reference number of the receipt or disbursement; (ii) the name of the person from whom the money is received or to whom the money is disbursed; (iii) brief particulars of the purpose of the receipt or disbursement; (iv) the amount received or disbursed. (3) The agent must ensure that any changes in the details referred to in subregulation (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified. (4) If the agent transfers money between any of the separate accounts, the agent must clearly record the transfer-- (a) in both accounts; and (b) in a transfer journal, in sufficient detail that the transfer may be clearly understood. (5) The records of receipts, disbursements and transfers must be made by the agent in accordance with this regulation in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 working days after the receipt, disbursement or transfer in question. (6) Subregulation (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 working days after the agent receives official confirmation that the transfer has occurred. (7) If an agent uses a computer program to keep trust ledger accounts or a transfer journal, the agent must ensure that-- (a) the program is incapable of-- (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and (ii) deleting from its records the information relating to a trust ledger account unless-- (A) the balance of the account is zero; and (B) a hard copy of all of the information required under this Division relating to the account has been produced; and (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this regulation; and (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 days of a request from the Minister or the agent's auditor. 30B--Reconciliation statements At the end of each month, reconciliation statements must be prepared-- (a) reconciling the balance of the agent's cash books, or equivalent computer records, kept under regulation 30 with the balance of the agent's trust account; and (b) reconciling the balances of the ledgers comprised in the agent's trust ledger accounts with the balance of the agent's trust account, (but the agent is not required to set out in a statement a list of individual balances, or the names of the corporations on whose behalf money is held). 31--Receipt of trust money (1) For the purposes of section 126(2)(a) of the Act, the receipt that an agent must make available to a person making a payment of trust money must-- (a) be legibly written on a form comprised in a series of consecutively pre-numbered duplicate receipt forms marked with the name of the agent and the words "Trust Account"; and (b) contain the following information: (i) -- (A) in the case of a payment made by electronic transfer of funds into an agent's trust account--the date on which the agent makes out the receipt; (B) in any other case--the date of the payment; (ii) the name of the person making the payment; (iii) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the agent's trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque; (iv) the name of the corporation for whom the money is received; (v) brief particulars of the purpose of the payment; (vi) the amount of the payment. (2) An agent need not comply with subregulation (1)(a) if the agent uses a computer program to make out the receipt and the program-- (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the agent and the words "Trust Account"; and (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by subregulation (1)(b). (3) An agent must make out a receipt in accordance with this regulation-- (a) in the case of a payment made by electronic transfer of funds into an agent's trust account--immediately the agent receives official confirmation that the payment has been made (whether that is by way of receipt by the agent of a statement from a financial institution or some other way, whichever occurs sooner); or (b) in any other case--immediately on receipt of payment. 32--Payment of trust money (1) An agent must not make a payment of trust money in cash. Maximum penalty: $500. (2) When an agent makes a payment of trust money by cheque, the agent-- (a) must ensure that the cheque is marked with the name of the agent and the words "Trust Account"; and (b) must-- (i) cause the cheque to be crossed and endorsed "Not negotiable"; or (ii) obtain from the person receiving the cheque a receipt that complies with subregulation (3) and keep the receipt as part of the agent's records. Maximum penalty: $500. (2a) When an agent makes a payment of trust money by cheque, the agent must prepare and keep as part of the agent's records a cheque stub or voucher containing the following information: (a) the date and reference number of the cheque; (b) the name of the payee; (c) the client name or reference and brief particulars of the purpose of the payment; (d) the amount of the cheque. (3) The receipt must be legible and contain the following information: (a) the date and reference number of the cheque; and (b) particulars identifying the trust account against which the cheque is drawn; and (c) the name of the payee; and (d) brief particulars of the purpose of the payment; and (e) the amount of the cheque. (4) When an agent authorises the payment of trust money by electronic transfer of funds, the agent-- (a) must prepare and keep as part of the agent's records the following information: (i) the date and reference number of the payment; (ii) the name of the payee; (iii) the corporation name or reference and brief particulars of the purpose of the payment; (iv) the name or style of the ADI account to which the payment is made, its number and the identifying numbers of the receiving ADI and its branch; (v) the amount of the payment; and (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the agent's records. 33--Audit of trust accounts (1) For the purposes of section 127(1)(a) of the Act, the audit period in respect of which an agent must have the accounts and records audited is each financial year. (2) In carrying out an audit, the auditor must-- (a) make checks that will enable the auditor to give an opinion as to whether the agent has, during the period covered by the audit, complied with the Act and these regulations relating to the agent's accounts and records; and (b) ascertain what trust accounts were kept by the agent during that period; and (c) make a general test examination of any trust account kept by the agent and of the pass books and statements relating to any such account during that period; and (d) make a comparison as to no fewer than two dates (one to be the last day of the period of the audit and one other to be a date within that period selected by the auditor) between-- (i) the liabilities of the agent to the agent's clients as shown by the agent's trust ledger accounts and the records kept under these regulations; and (ii) the aggregate of the balances standing to the credit of the agent's trust account; and (e) ask for such information and explanations as the auditor may require for the purposes of this regulation. (3) For the purposes of section 127(1)(b) of the Act, the statement relating to the audit must be prepared by the auditor and must include all matters relating to the agent's accounts and records that should, in the auditor's opinion, be communicated to the community corporation and, in particular, deal with each of the following matters: (a) whether the accounts and records appear to have been kept regularly and properly written up at all times; (b) whether the accounts and records have been ready for examination at the periods appointed by the auditor; (c) whether the agent has complied with the auditor's requirements; (d) whether, at any time during the period of the audit, the agent's trust account was overdrawn and, if so, the full explanation for that given by the agent; (e) whether the agent has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the agent; (f) whether the auditor has received and examined the notice given to the auditor under regulation 34 and the result of that examination; (g) if the agent uses a computer program to keep the agent's accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited. (4) The auditor must attach to the auditor's statement a copy of the agent's notice delivered to the auditor under regulation 34(1). (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the agent. (6) If the auditor in the course of auditing the agent's accounts and records discovers-- (a) that they are not kept in a manner that enables them to be properly audited; or (b) a matter that appears to the auditor to involve dishonesty or a breach of the law by the agent; or (c) a loss or deficiency of trust money or a failure to pay or account for trust money; or (d) a failure to comply with the Act or these regulations, the auditor must, as soon as possible, give a report in respect of the discovery to the Minister and the agent concerned. Maximum penalty: $500. (6a) However, the auditor is not required to give a report to the Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that-- (a) bringing the discovery to the attention of the agent or community corporation will adequately deal with the matter; and (b) the loss, deficiency or failure does not involve dishonesty or a breach of the law. (7) For the purposes of section 127(2)(b) of the Act, an agent must lodge an audit statement or declaration within two months after the end of each audit period. 34--Agent's statement (1) An agent who is required to have accounts and records audited must, before the completion of the audit, certify-- (a) under his or her hand; or (b) in the case of a firm of agents--under the hands of not less than two partners of the firm; or (c) in the case of a body corporate agent--under the hands of not less than two directors of the body, and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of-- (d) the names of all corporations on whose behalf the agent is holding trust money and the amount of the credit of each such corporation; and (e) all negotiable or bearer securities or deposit receipts in the name of the agent which represent money drawn from the agent's trust account and which were held by the agent on that day; and (f) -- (i) the names of the trust accounts in which the balance of the agent's trust money is lodged and the balances on that date of those accounts; and (ii) if the trust account balances are not in agreement with the balances of the agent's ledger accounts--a statement reconciling those balances. Maximum penalty: $500. (2) The notice must be verified by statutory declaration-- (a) of the agent; or (b) in the case of a firm of agents--of not less than two of the partners of the firm; or (c) in the case of a body corporate agent--of not less than two directors of the body. (3) The agent must give the auditor making the next succeeding audit of the agent's accounts and records-- (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor's statement of the last preceding audit of the agent's accounts and records; or (b) if the agent's accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purpose of the audit--before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates. Maximum penalty: $500. 35--Certain persons may not audit accounts and records of agent A person must not audit the accounts and records of an agent if the person-- (a) is, or has been within two years, an employee or partner of the agent; or (b) is an employee of another agent actually carrying on business as an agent; or (c) is, himself or herself, an agent carrying on business as an agent. Maximum penalty: $500. Schedule 1--Forms Form 1 sections 14(4)(h), 52(4)(f)(ii), 58(3)(e) and 60(3)(f) Certificate of licensed surveyor I, ....................................................................... ., a licensed surveyor under the Survey Act 1992, certify that-- (a) I am uncertain about the location of that part of the service infrastructure shown between the points marked > and < on the plan; and (b) this community plan has been correctly prepared in accordance with the Community Titles Act 1996. Dated the day of 20 ....................................................................... . Licensed surveyor 1996.237.un00.jpg 1996.237.un01.jpg 1996.237.un02.jpg 1996.237.un03.jpg Form 6 section 50(10) Certification of copy of development contract as varied I [name and address of person certifying] being an officer of Community Corporation No............ Incorporated certify that the copy of the development contract attached to this certificate is a true copy of the contract as varied pursuant to section 50 of the Community Titles Act 1996 by agreement made on the............ day of............ [year] ............ between the developer and the corporation. Dated the day of 20 ....................................................................... . (Signature of person certifying) Note-- The copy of the contract attached to the certificate must be endorsed and signed by the person certifying as follows: "This is the copy of the development contract referred to in the attached certificate". ....................................................................... . (Signature of person certifying) Form 7 section 50(10) Certification of copy of agreement to terminate development contract I [name and address of person certifying] being an officer of Community Corporation No............ Incorporated certify that the copy of the agreement to terminate a development contract attached to this certificate is a true copy of the agreement entered into pursuant to section 50 of the Community Titles Act 1996 on the............ day of............ [year] ............ between the developer and the corporation. Dated the day of 20 ....................................................................... . (Signature of person certifying) Note-- The copy of the agreement attached to the certificate must be endorsed and signed by the person certifying as follows: "This is the copy of the agreement to terminate a development contract referred to in the attached certificate". ....................................................................... . (Signature of person certifying) 1996.237.un04.jpg 1996.237.un05.jpg Form 10 sections 30(1)(ia), 31(3)(ab), 34(2)(e), 39(5a), 47(2)(ka), 50(7)(a) Certificate as to preparation of scheme description, by-laws or development contracts Certified correctly prepared in accordance with the requirements of the Community Titles Act 1996 by the person who prepared the document/an officer of the community corporation^1. ....................................................................... ....................................... (Signature of person certifying--name and address to be printed below) ^1Insert whichever description is applicable Note-- The certificate must be endorsed on the relevant document. Schedule 2--Fees 1 Examination of plan to be lodged with application under Act before application is lodged (section 144 of Act)-- (a) for application for division of land by plan of community division (section 14 of Act)-- (i) if there are 5 lots or less $380.00 (ii) if there are more than 5 lots $763.00 (b) for any other application $380.00 2 Application for division of land by plan of community division (section 14 of Act)-- (a) for examination of application $309.00 (b) for examination of plan of community division not subject to prior approval under section 144-- (i) if there are 5 lots or less $380.00 (ii) if there are more than 5 lots $763.00 (c) for deposit of plan of community division $117.00 (d) for each lot requiring issue of certificate of title $69.00 (e) for filing of scheme description $117.00 (f) for filing of by-laws $117.00 (g) for filing of development contract $117.00 3 Application to amend schedule of lot entitlements (section 21 of Act) $117.00 4 Filing of copy of certified scheme description as amended (section 31 of Act) $117.00 5 Filing of certified copy of by-laws as varied (section 39 of Act) $117.00 6 Maximum fee for purchase from corporation of copy of by-laws (section 44 of Act) $39.00 7 Fee for purchase from Registrar-General of copy of by-laws filed with plan of community division (section 44 of Act) $7.80 8 Filing of certified copy of development contract as varied or agreement to terminate development contract (section 50 of Act) $117.00 9 Maximum fee for purchase from corporation of copy of development contract (section 51 of Act) $39.00 10 Fee for purchase from Registrar-General of copy of development contract filed with plan of community division (section 51 of Act) $7.80 11 Application for amendment of deposited community plan (section 52 of Act)-- (a) for examination of application $232.00 (b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 144 $380.00 (c) for each lot requiring issue of certificate of title $69.00 (d) for filing of amended scheme description $117.00 12 Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 58 of Act)-- (a) for examination of application $232.00 (b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 144 $380.00 (c) for each lot requiring issue of certificate of title $69.00 13 Application for amalgamation of deposited community plans (section 60 of Act)-- (a) for examination of application $232.00 (b) for examination of plan of community division not subject to prior approval under section 144 $380.00 (c) for deposit of plan of community division $117.00 (d) for each lot requiring issue of certificate of title $69.00 (e) for filing of scheme description $117.00 (f) for filing of by-laws $117.00 14 Application for cancellation of deposited community plan (sections 64 and 65 of Act)-- (a) for examination of application $232.00 (b) if application is for cancellation of primary plan-- (i) for examination of plan that delineates outer boundaries of primary parcel $380.00 (ii) for filing of plan $117.00 (c) for each certificate of title to be issued $69.00 15 Application to note Court order for cancellation of community plan (sections 64 and 67 of Act)-- (a) for noting the order $232.00 (b) if application is for cancellation of primary plan-- (i) for examination of plan that delineates outer boundaries of primary parcel $380.00 (ii) for filing of plan $117.00 (c) for each certificate of title to be issued $69.00 16 Filing of notice of appointment, removal or replacement of administrator (section 100 of Act) $117.00 17 Filing of resolution to elect to use Act (Schedule clause 2) $117.00 18 Submission of outer boundary plan (regulation 8) (a) for examination of plan $763.00 (b) for filing of plan $117.00 19 Fee for re-examination of plan when amended after approval for deposit is given $117.00 20 Lodgement of any other document required by Act $117.00 Legislative history Notes o Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 1996 237 Gazette 31.10.1996 p1559 4.11.1996: r 2 1997 109 Gazette 13.5.1997 p1924 1.7.1997: r 2 1998 63 Gazette 28.5.1998 p2311 1.7.1998: r 2 1999 74 Gazette 27.5.1999 p2843 1.7.1999: r 2 1999 143 Gazette 1.7.1999 p55 1.7.1999: r 2 2000 65 Gazette 25.5.2000 p2723 1.7.2000: r 2 2000 147 Gazette 29.6.2000 p3494 29.6.2000: r 2 2001 95 Gazette 31.5.2001 p2049 1.7.2001: r 2 2002 90 Gazette 20.6.2002 p2595 1.7.2002: r 2 2003 14 Gazette 20.2.2003 p700 7.4.2003: r 2 2003 71 Gazette 29.5.2003 p2192 1.7.2003: r 2 2004 45 Gazette 27.5.2004 p1433 1.7.2004: r 2 2005 12 Gazette 10.3.2005 p617 10.7.2005: r 2 2005 118 Gazette 26.5.2005 p1585 1.7.2005: r 2 2006 119 Gazette 15.6.2006 p1801 1.7.2006: r 2 2007 87 Gazette 7.6.2007 p2378 1.7.2007: r 2 2008 73 Gazette 5.6.2008 p1973 1.7.2008: r 2 2009 67 Gazette 28.5.2009 p1857 1.6.2009: r 2 2009 167 Gazette 4.6.2009 p2686 1.7.2009: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 r 2 omitted under Legislation Revision and Publication Regulations 2002 1.7.2004 Pt 2 r 4 substituted by 67/2009 r 4 1.6.2009 r 12 r 12(1) r 12 redesignated as r 12(1) by 67/2009 r 5 1.6.2009 r 12(2) inserted by 67/2009 r 5 1.6.2009 r 14 deleted by 12/2005 r 4 10.7.2005 Pt 3 r 24 r 24(1) varied by 143/1999 r 3 (Sch cl 2) 1.7.1999 r 26 r 26(1) varied by 147/2000 r 3(a) 29.6.2000 r 26(1a) inserted by 147/2000 r 3(b) 29.6.2000 r 26(3) inserted by 147/2000 r 3(c) 29.6.2000 r 29A inserted by 14/2003 r 4 7.4.2003 r 30 substituted by 14/2003 r 5 7.4.2003 rr 30A and 30B inserted by 14/2003 r 5 7.4.2003 r 31 varied by 143/1999 r 3 (Sch cl 2) 1.7.1999 substituted by 14/2003 r 5 7.4.2003 r 32 r 32(2) substituted by 14/2003 r 6(1) 7.4.2003 r 32(2a) inserted by 14/2003 r 6(1) 7.4.2003 r 32(4) inserted by 14/2003 r 6(2) 7.4.2003 r 33 r 33(3) varied by 14/2003 r 7(1) 7.4.2003 r 33(6a) inserted by 14/2003 r 7(2) 7.4.2003 Sch 1 Form 1 substituted by 14/2003 r 8 7.4.2003 substituted by 67/2009 r 6(1) 1.6.2009 Form 6 substituted by 67/2009 r 6(2) 1.6.2009 Form 7 substituted by 67/2009 r 6(3) 1.6.2009 Form 10 inserted by 67/2009 r 6(4) 1.6.2009 Sch 2 before substitution by 45/2004 substituted by 109/1997 r 3 1.7.1997 substituted by 63/1998 r 3 1.7.1998 substituted by 74/1999 r 3 1.7.1999 substituted by 65/2000 r 3 1.7.2000 substituted by 95/2001 r 3 1.7.2001 substituted by 90/2002 r 3 1.7.2002 varied by 71/2003 r 4 1.7.2003 Sch 2 substituted by 45/2004 r 4 1.7.2004 substituted by 118/2005 r 4 1.7.2005 substituted by 119/2006 r 4 1.7.2006 substituted by 87/2007 r 4 1.7.2007 substituted by 73/2008 r 4 1.7.2008 substituted by 167/2009 r 4 1.7.2009 Historical versions Reprint No 1--1.7.1997 Reprint No 2--1.7.1998 Reprint No 3--1.7.1999 Reprint No 4--1.7.2000 Reprint No 5--1.7.2001 Reprint No 6--1.7.2002 Reprint No 7--7.4.2003 Reprint No 8--1.7.2003 1.7.2004 1.7.2005 (electronic only) 10.7.2005 1.7.2006 1.7.2007 1.7.2008 1.6.2009