Unit Title Schemes Act 2009

(1) The following is responsible for preparing a scheme statement:

(a) for the first scheme statement of a scheme (otherwise than as mentioned in paragraph (b)) – the original owner;

(b) for the first scheme statement of a scheme formed by the amalgamation of

2 or more basic schemes under section 71 or 72 – the body corporate of each of the basic schemes;

(c) for a subsequent scheme statement reflecting an agreement to adjust the unit entitlements under section 41 – the parties to the agreement;

(d) for a subsequent scheme statement reflecting an acquisition of scheme land under section 42 – the acquisition authority;

(e) for a subsequent scheme statement implementing a stage of a development as mentioned in section 66 – the developer;

(f) for a scheme statement prescribed by regulation – a person specified in the regulation;

(g) otherwise

– the body corporate.

(2) A person responsible for preparing a scheme statement under subsection

must also:

(a) obtain the endorsement of the scheme statement by the consent authority; and

(b) obtain the endorsement of the scheme statement by the body corporate if the person is not the body corporate and the scheme statement is a subsequent scheme statement; and

(c) lodge the scheme statement if it is a scheme statement covered by subsection (1)(b) or (g); and

(d) pay the costs associated with preparing, endorsing and registering the scheme statement.

(3) The original owner must, within 1 month after the first scheme statement is registered, give a copy of it and evidence of its registration to the body corporate.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

(4) Except as otherwise provided by this Act, a body corporate that has endorsed a scheme statement must lodge the scheme statement within 3 months after the endorsement.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

Note for subsection (4)

Section 40(5) may affect this subsection.

(5) It is a defence to a prosecution for an offence against subsection (3) or (4) if the defendant establishes a reasonable excuse.