Exceptions
34 Exceptions
To avoid doubt, an officer of a prescribed strata/community titles corporation who is a volunteer does not commit an offence for a failure to comply with a duty under section 27 (but may be liable for a failure to comply with another duty under this Act).
A volunteer does not commit an offence under this Division for a failure to comply with a health and safety duty, except a duty under section 28 or 29.
An unincorporated association does not commit an offence under this
Act, and is not liable for a civil penalty under this Act, for a failure to comply with a duty or obligation imposed on the unincorporated association under this Act.
However—
an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 27;
and
a member of an unincorporated association may be liable for failure to comply with a duty under section 28 or 29.
In this section—
prescribed strata/community titles corporation means—
a body corporate established under the Strata
Titles Act 1988 or the Community
Titles Act 1996;
or
a company that holds land for the purposes of a building unit scheme consisting of 2 or more properties designed for separate occupation where the buildings comprising the scheme were erected before 22 February 1968.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.