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s 95B

Review and certification of by-law amendments

In force
Chapter 3Administration of a scheme
Part 3.5Other rules governing scheme administration
Division 2By-laws

95B Review and certification of by-law amendments

(1) A body corporate must, in accordance with the directions of the schemes supervisor, submit any amendment it makes to a by-law for review by the schemes supervisor.

(2) A body corporate may also submit an amendment that it proposes to make to a by-law for review by the schemes supervisor.

(3) A consolidation of a by-law that includes an amendment may be submitted for review instead of the amendment or proposed amendment.

(4) The schemes supervisor must review the amendment or consolidation, on receipt of it and the prescribed fee, to ensure that it complies with the following criteria:

(a) it is authorised under this Act;

(b) it does not constitute an unusual or unexpected use of the authority under which it is made;

(c) its form and style are in accordance with established standards;

(d) its content is logically consistent with the by-law being amended.

(5) The schemes supervisor must, within 20 working days of receipt of the amendment or consolidation:

(a) certify that it complies with the criteria in subsection (4); or

(b) refuse to certify it and give the body corporate written reasons why it does not comply with those criteria.

(6) In the absence of evidence to the contrary, the schemes supervisor is taken to have refused to certify the amendment or consolidation if the schemes supervisor has not responded within the time allowed under subsection (5).

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