Body Corporate and Community Management Regulation 1997

Queensland Body Corporate and Community Management Act 1997 Body Corporate and Community Management Regulation 1997 Reprinted as in force on 1 July 2007 Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 SL No. 269 s 5

Information about this reprint This regulation is reprinted as at 1 July 2007. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Body Corporate and Community Management Regulation 1997 Contents 1 2 3 4 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Waiver of application fee under the Act, s 239 . . . . . . . . . . . . . . . 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 6 7 7 8

s1 3 s4 Body Corporate and Community Management Regulation 1997 Body Corporate and Community Management Regulation 1997 [as amended by all amendments that commenced on or before 1 July 2007] 1 Short title This regulation may be cited as the Body Corporate and Community Management Regulation 1997 . 2 Commencement This regulation commences on the day section 3 1 of the Act commences. 3 Fees The fees payable under the Act are stated in the schedule. 4 Waiver of application fee under the Act, s 239 (1) A person may apply to the commissioner for waiver of the fee prescribed for section 239(1)(c) of the Act. (2) The application must be made in the approved form. (3) For section 239(3) of the Act, the commissioner, in deciding whether payment of the fee would cause an applicant who is an individual financial hardship— (a) may consider whether the applicant holds a concession card; and (b) may require the applicant to provide documentary evidence to support the application. Example of documentary evidence — a concession card 1 Section 3 (How primary object is to be achieved) of the Act

s4 4 s4 Body Corporate and Community Management Regulation 1997 (4) In this section— concession card means— (a) a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth); or (b) a pensioner concession card issued by the Commonwealth Department of Veterans’ Affairs.

5 Body Corporate and Community Management Regulation 1997 Schedule Fees section 3 1 Application under section 238 of the Act— (a) if the application includes a request for the commissioner to consider whether an interim order should be considered by an adjudicator. . . . . . . . . . . . (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Application under section 246 of the Act— (a) to inspect an application under section 238 of the Act, submissions under section 243(2)(b) of the Act or replies to submissions under section 244(2)(b) of the Act— (i) for each hour or part of an hour . . . . . . . . . . . . . . . (ii) maximum fee payable for a day. . . . . . . . . . . . . . . (b) to be given copies of an application under section 238 of the Act, submissions under section 243(2)(b) of the Act or replies to submissions under section 244(2)(b) of the Act, for each page— (i) for less than 20 pages . . . . . . . . . . . . . . . . . . . . . . . (ii) for 20 to 50 pages. . . . . . . . . . . . . . . . . . . . . . . . . . (iii) for more than 50 pages 3 Application under section 299 of the Act for information about a community titles scheme— (a) if the information is given to the applicant in person . (b) if the information is posted to the applicant . . . . . . . . (c) if the information is faxed to the applicant . . . . . . . . . $ 118.00 57.00 11.70 47.60 1.40 1.20 1.00 12.20 14.90 18.90

6 Body Corporate and Community Management Regulation 1997 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2007. Future amendments of the Body Corporate and Community Management Regulation 1997 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

7 Body Corporate and Community Management Regulation 1997 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B Amendments to none 2000 SL No. 111 2001 SL No. 147 Effective 13 July 1997 1 July 2000 20 September 2001 Reprint date 28 July 1997 5 July 2000 21 September 2001 Reprint No. 1C 1D 1E 1F 1G 2 2A Amendments included 2002 SL No. 122 2003 SL No. 100 2004 SL No. 103 2005 SL No. 135 2006 SL No. 162 — 2007 SL No. 148 Effective 1 July 2002 1 July 2003 1 July 2004 1 July 2005 1 July 2006 1 July 2006 1 July 2007 Notes R1G withdrawn, see R2 5 List of legislation Body Corporate and Community Management Regulation 1997 SL No. 211 made by the Governor in Council on 10 July 1997 notfd gaz 11 July 1997 pp 1229–30 ss 1–2 commenced on date of notification remaining provisions commenced 13 July 1997 (see s 2 and 1997 SL No. 210) exp 1 September 2007 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Natural Resources Legislation Amendment Regulation (No. 1) 2000 SL No. 111 pts 1, 3 notfd gaz 9 June 2000 pp 456–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Natural Resources Legislation Amendment Regulation (No. 2) 2001 SL No. 147 pts 1, 3 notfd gaz 24 August 2001 pp 1526–9 ss 1–2 commenced on date of notification remaining provisions commenced 20 September 2001 (see s 2)

8 Body Corporate and Community Management Regulation 1997 Natural Resources and Mines Legislation Amendment and Repeal Regulation (No. 1) 2002 SL No. 122 pts 1, 3 (this regulation is amended, see amending legislation below) notfd gaz 31 May 2002 pp 482–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) amending legislation— Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2002 SL No. 168 ss 1–3 (amends 2002 SL No. 122 above) notfd gaz 28 June 2002 pp 876–83 commenced on date of notification Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2003 SL No. 100 pts 1, 3 notfd gaz 30 May 2003 pp 371–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2004 SL No. 103 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2006 SL No. 162 notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Body Corporate and Community Management and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 148 pts 1, 4 notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) 6 List of annotations Fees s 3 sub 2001 SL No. 147 s 6 Waiver of application fee under the Act, s 239 s 4 ins 2007 SL No. 148 s 11

9 Body Corporate and Community Management Regulation 1997 SCHEDULE—FEES sub 1997 SL No. 111 s 6; 2001 SL No. 147 s 7; 2002 SL No. 122 s 6 (amd 2002 SL No. 168 s 3); 2003 SL No. 100 s 6; 2004 SL No. 103 s 3 sch; 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch; 2007 SL No. 148 s 12 © State of Queensland 2008