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s 95D

Review by the Tribunal

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

95D Review by the Tribunal

(1) The

Tribunal has jurisdiction to review a decision by the schemes supervisor to certify or refuse to certify an amendment or consolidation of a by-law.

(2) The body corporate and the unit owners have the right to have the decision reviewed by the Tribunal.

(3) The applicant for review must serve notice of the application on the unit owners and, if the applicant is not the body corporate, on the body corporate.

(4) The interests of the body corporate and all unit owners are taken to be affected by the review, to join them as parties under section 128 of the Northern Territory Civil and Administrative Tribunal Act 2014.

(5) After reviewing the decision, the Tribunal may, in addition to its other powers, order that a change be made to a by-law if it is satisfied that:

(a) the change is necessary to comply with the criteria in section 95B(4);

and

(b) the body corporate had a reasonable opportunity to make a submission to the Tribunal about the change; and

(c) a unit owner who could be adversely affected by the change had a reasonable opportunity to make a submission to the Tribunal about the change.

Note for section 95D

The

Northern Territory Civil and Administrative Tribunal Act 2014 contains other provisions relevant to the review.

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