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s 26ZK

Disclosure statement

In force
Part IVCBuilding development
Division 2Subdivision for building development

26ZK Disclosure statement

(1) A disclosure statement is to contain mechanisms for resolving disputes and for obtaining agreement to contentious issues.

(2) A provision of a disclosure statement that imposes an obligation that is unjust or oppressive on a prospective owner of a building lot or unit is not binding on, and cannot be enforced against, the prospective owner.

(3)

A disclosure statement is to contain:

(a)

the prescribed provisions; and

(b)

provisions that relate to matters that are prescribed.

(4) A disclosure statement is to specify a procedure by which the disclosure statement may, subject to this section, be varied.

(5) A disclosure statement is to specify that there may be Regulations under this Act that apply to a variation of the statement.

(6) The Regulations may establish a procedure by which a disclosure statement may be varied other than under section 26ZM.

(7) The Regulations may provide that a procedure in the Regulations for the variation of a disclosure statement is to apply:

(a) in all cases, other than a variation under section 26ZM, whether or not the disclosure statement establishes a procedure for the variation of the disclosure statement; or

(b) if a disclosure statement does not establish a procedure for the variation of the disclosure statement and the variation is not a variation under section 26ZM.

(8)

A variation of a disclosure statement under this section:

(a) is of no effect unless it is lodged with the Registrar-General; and

(b) is not to be registered by the Registrar-General unless the variation complies with the prescribed requirements, if any.

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