Unit Title Schemes Act 2009

(1) Any of the following may apply to the Tribunal for the approval of a reinstatement process for damaged scheme land:

(a) the body corporate of a scheme, or of a subsidiary scheme, whose scheme land is or includes the damaged scheme land;

(b) a unit owner or mortgagee of any of the schemes mentioned in paragraph

.

(2) The application must specify the reinstatement process in the approved form.

(3) The following are the respondents for the application:

(a) each insurer of the scheme land;

(b) the body corporate of each of the schemes.

(4) The

Tribunal must:

(a) approve the application by:

(i) approving the specified reinstatement process; or

(ii) approving the specified reinstatement process with changes made by the

Tribunal; or

(b) refuse the application.

(5) In approving the reinstatement process, the Tribunal may make any order reasonably required for its effective implementation, including, for

example, an order for:

(a) the application of an amount paid under a body corporate policy; or

(b) the payment of an amount to a body corporate, unit owner or mortgagee; or

(c) the lodging of a subsequent scheme statement to reflect the reinstatement.

(6) If the Tribunal orders the lodging of a subsequent scheme statement, the body corporate must comply with the order.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.