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NTAct
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s 79AD

Review by the Tribunal

In force
Part VAAReview and lodgement of by-laws

79AD Review by the Tribunal

(1)

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

(2)

The corporation and members have the right to have the decision reviewed by the Tribunal.

(3)

The applicant for review must serve notice of the application on the members and, if the applicant is not the body corporate, on the body corporate.

(4) The interests of the body corporate and all members 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, amendment or consolidation if it is satisfied that:

(a)

the change is necessary to comply with the criteria in section 79AB(4); and

(b)

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

(c)

a member 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 79AD

The Northern Territory

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

Part VA Duties, &c., of proprietors and other occupiers of units

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