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TitleBody Corporate and Community Management (Accommodation Module)
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Table of Contents
                            Queensland
Contents
Chapter 1 Preliminary
	1 Short title
	2 Commencement
	3 Application of this regulation-Act, s 21 [SM, s 3]
	4 Dictionary [SM, s 4]
	5 References to committee, chairperson, secretary or treasurer [SM, s 5]
	6 References to standard module
Chapter 2 Community management statements
	7 Permitted inclusions-Act, s 66 [SM, s 6]
Chapter 3 Committee for body corporate
Part 1 Preliminary
	8 Requirement for committee-Act, s 98 [SM, s 7]
	9 Purpose of ch 3 [SM, s 8]
Part 2 Committee membership
	10 Composition of committee [SM, s 9]
	11 Eligibility to be a voting member [SM, s 10]
	12 Co-ownership and eligibility to be a voting member [SM, s 11]
	13 Non-voting members of committee [SM, s 12]
	14 When committee is chosen [SM, s 13]
	15 When committee may be chosen if previous committee was formed under s 14(4) [SM, s 14]
	16 Election of committee [SM, s 15]
	17 Nomination procedures for election of committee other than at first annual general meeting [SM, s 16]
	18 Lot owner’s right of nomination [SM, s 17]
	19 Requirements for nominations [SM, s 18]
	20 Modified nomination procedures for election of committee at first annual general meeting [SM, s 19]
	21 Modified election procedures for election of committee at first annual general meeting [SM, s 20]
	22 Conduct of elections for committee [SM, s 21]
	23 Conduct of ballot-information to be forwarded with notice of meeting [SM, s 21]
	24 Election of ordinary members of committee [SM, s 23]
	25 Conduct of ballot-general requirements [SM, s 24]
	26 Conduct of ballot-deciding executive member positions [SM, s 26]
	27 Conduct of ballot-deciding ordinary member positions [SM, s 27]
	28 Conduct of ballot-declaration of voting results [SM, s 28]
	29 Definitions for sdiv 2 [SM, s 29]
	30 Requirement to call extraordinary general meeting [SM, s 30]
	31 Appointment of committee member at extraordinary general meeting [SM, s 31]
	32 Engagement of body corporate manager under pt 5 at extraordinary general meeting [SM, s 32]
	33 Term of office-Act, s 99 [SM, s 33]
	34 Notice for breach of code of conduct-Act, s 101B [SM, s 34]
	35 Removal of voting member at general meeting for breach of code of conduct-Act, s 101B [SM, s 35]
	36 Application of sdiv 4 [SM, s 36]
	37 Replacement of member removed from office by body corporate [SM, s 37]
	38 Committee must appoint new member or call general meeting of body corporate [SM, s 38]
	39 Requirements for notice of general meeting [SM, s 39]
	40 Election of committee member at general meeting [SM, s 40]
	41 Engagement of body corporate manager under pt 5 at general meeting [SM, s 41]
Part 3 Restricted issues-Act, section 100
	42 Restricted issues for committee [SM, s 42]
	43 Exceptions to restricted issues for committee [SM, s 43]
Part 4 Committee meetings-Act, section 101
	44 Who may call committee meetings [SM, s 44]
	45 Notice of committee meetings [SM, s 45]
	46 Place of committee meetings [SM, s 46]
	47 Agenda for committee meetings [SM, s 47]
	48 Chairing committee meetings [SM, s 48]
	49 Quorum at committee meetings [SM, s 49]
	50 Attendance at committee meetings-non-voting members [SM, s 50]
	51 Attendance at committee meetings-non-members [SM, s 51]
	52 Voting at committee meetings [SM, s 52]
	53 Conflict of interest [SM, s 53]
	54 Voting outside committee meetings [SM, s 54]
	55 Minutes and other records of committee [SM, s 55]
Part 5 Engagement of body corporate manager to carry out functions of committee and executive members-Act, section 122
	56 When body corporate manager may be engaged to carry out functions of a committee and its executive members [SM, s 58]
	57 Form of engagement [SM, s 59]
	58 Term of engagement [SM, s 60]
	59 Functions and powers [SM, s 61]
	60 Body corporate manager’s reports to body corporate [SM, s 62]
Chapter 4 Body corporate meetings-Act, section 104
Part 1 Purpose of chapter
	61 Purpose of ch 4 [SM, s 63]
Part 2 Administrative arrangements for body corporate meetings
	62 Types of meetings [SM, s 64]
	63 Who may call general meetings [SM, s 65]
	64 When annual general meetings must be called [SM, s 66]
	65 Requirement for requested extraordinary general meeting [SM, s 67]
	66 Failure to call requested extraordinary general meeting [SM, s 68]
	67 Opportunity to submit agenda motions [SM, s 69]
	68 Notice of general meetings [SM, s 70]
	69 Requirements for voting papers [SM, s 71]
	70 Motion with alternatives [SM, s 72]
	71 Explanatory material accompanying voting paper [SM, s 73]
	72 Time of general meetings [SM, s 74]
	73 Place of general meetings [SM, s 75]
	74 Agenda for general meeting [SM, s 76]
	75 First annual general meeting [SM, s 77]
	76 First annual general meeting-scheme established by amalgamation [SM, s 78]
	77 Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 79]
Part 3 Chair and quorum for body corporate meetings
	78 Chairing general meetings [SM, s 80]
	79 Power of person chairing meeting to rule motion out of order [SM, s 81]
	80 Quorum for general meetings [SM, s 82]
Part 4 Voting at general meetings
	81 Meaning of voter for general meeting [SM, s 83]
	82 Displacement or disentitlement of right to vote [SM, s 84]
	83 Representation of body corporate [SM, s 85]
	84 Exercise of vote at general meetings [SM, s 86]
	85 Voting at general meeting [SM, s 87]
	86 When motion must be decided by secret ballot [SM, s 88]
	87 How secret ballot must be conducted [SM, s 89]
	88 Conduct of secret ballot-voting [SM, s 90]
	89 Appointment and functions of returning officer [SM, s 91]
	90 Secretary to have available for inspection body corporate roll etc. [SM, s 92]
	91 Declaration of voting results on motions [SM, s 93]
Part 5 Other procedural matters for general meetings
	92 Amendment of motions at general meetings [SM, s 94]
	93 Amendment or revocation of resolutions passed at general meeting [SM, s 95]
	94 Minutes of general meetings [SM, s 96]
	95 Performance of secretary’s functions for general meeting if meeting not called by secretary [SM, s 97]
Chapter 5 Proxies
Part 1 Purpose of chapter
	96 Purpose of ch 5 [SM, s 98]
Part 2 Proxies for committee members-Act, section 102
	97 Purpose of pt 2 [SM, s 99]
	98 Appointment [SM, s 100]
	99 Restrictions on appointment [SM, s 101]
	100 Form of proxy [SM, s 102]
	101 Use of proxy [SM, s 103]
	102 Special provisions about proxy use [SM, s 104]
	103 Offence [SM, s 105]
Part 3 Proxies for body corporate meetings-Act, section 103
	104 Purpose of pt 3 [SM, s 106]
	105 Appointment [SM, s 107]
	106 Form of proxy [SM, s 108]
	107 Use of proxy [SM, s 109]
	108 Special provisions about proxy use [SM, s 110]
	109 Offence [SM, s 111]
Chapter 6 Body corporate managers, service contractors and letting agents-Act, section 122
Part 1 Preliminary
	110 Purpose of ch 6 [SM, s 112]
	111 Application of ch 6 to chapter 3, part 5 engagements [SM, s 113]
Part 2 Authority for engagements and authorisations
	112 Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 114]
Part 3 Requirements for engagements and authorisations
	113 Definition for pt 3 [SM, s 115]
	114 Form of engagement [SM, s 116]
	115 Form of authorisation [SM, s 117]
	116 Term of engagement of body corporate manager [SM, s 118]
	117 Term of engagement of service contractor [SM, s 119]
	118 Term of authorisation of letting agent [SM, s 120]
	119 Commencement of term of engagement or authorisation [SM, s 121]
Part 4 Transferring engagements and authorisations
	120 Transferring engagements and authorisations [SM, s 122]
	121 Operation of div 2 [SM, s 123]
	122 Definitions for div 2 [SM, s 124]
	123 Prescribed period-Act, s 122(3) [SM, s 125]
	124 Amount payable on a transfer within the prescribed period-Act, s 122(3) [SM, s 126]
	125 Transferor who claims transfer fee is not payable under s 124(3) must advise body corporate [SM, s 127]
Part 5 Termination of engagements and authorisations
	126 Purpose of pt 5 [SM, s 128]
	127 Termination under the Act, by agreement etc. [SM, s 129]
	128 Termination for conviction of particular offences etc. [SM, s 130]
	129 Termination for failure to comply with remedial action notice [SM, s 131]
Part 6 Disclosure requirements
	130 Definition for pt 6 [SM, s 132]
	131 Associate supplying goods or services [SM, s 133]
	132 Disclosure of associate contract [SM, s 134]
	133 Disclosure of commission or other benefit [SM, s 135]
Part 7 Occupation of common property
	134 Occupation of common property by service contractor or letting agent [SM, s 136]
	135 Occupation of common property by service contractor may include right of access [SM, s 137]
Chapter 7 Financial management-Act, section 150
Part 1 Purpose of chapter
	136 Purpose of ch 7 [SM, s 138]
Part 2 Budgets
	137 Budgets [SM, s 139]
	138 Adjusting proposed budgets at annual general meeting [SM, s 140]
Part 3 Contributions levied by body corporate
	139 Contributions to be levied on owners [SM, s 141]
	140 Notice of contribution payable [SM, s 142]
	141 Discounts for timely payment [SM, s 143]
	142 Penalties for late payment [SM, s 144]
Part 4 Payment and enforcement of body corporate debts
	143 Payment and recovery of body corporate debts [SM, s 145]
Part 5 Administrative and sinking funds
	144 Administrative and sinking funds [SM, s 146]
	145 Administration of administrative or sinking fund by body corporate manager [SM, s 147]
	146 Application of administrative and sinking funds [SM, s 148]
	147 Reconciliation statements [SM, s 149]
Part 6 Borrowing
	148 Power to borrow [SM, s 150]
Part 7 Control of spending
	149 Spending by committee [SM, s 151]
	150 Quotes for major spending decided at general meeting [SM, s 152]
	151 Quotes for major spending decided by committee [SM, s 153]
Part 8 Accounts and audit
	152 Accounts [SM, s 154]
	153 Audit [SM, s 155]
	154 Auditing qualifications and experience-Act, sch 6, def auditor, para (a)(ii) [SM, s 156]
Part 9 Miscellaneous
	155 Reporting particular payments to committee [SM, s 157]
Chapter 8 Property management
Part 1 Purpose of chapter
	156 Purpose of ch 8 [SM, s 158]
Part 2 Common property
	157 Duties of body corporate about common property-Act, s 152 [SM, s 159]
	158 Mailbox and notice board-Act, s 153 [SM, s 160]
	159 Disposal of interest in and leasing or licensing of common property-Act, s 154 [SM, s 161]
	160 Easements over common property-Act, s 155 [SM, s 162]
	161 Improvements to common property by body corporate-Act, s 159 [SM, s 163]
	162 Improvements to common property by an owner of a lot-Act, s 159 [SM, s 164]
Part 3 Body corporate assets
	163 Duties of body corporate about body corporate assets-Act, s 152 [SM, s 165]
	164 Acquisition of amenities for benefit of lot owners-Act, s 156 [SM, s 166]
	165 Dealing with (including disposal of) body corporate assets-Act, s 157 [SM, s 167]
Part 4 Agreement with another body corporate
	166 Sharing facilities-Act, s 95 [SM, s 168]
Part 5 Services for and obligations of owners and occupiers
	167 Supply of services by body corporate-Act, s 158 [SM, s 169]
Part 6 Condition of lot
	168 Obligations of owners and occupiers-Act, s 160 [SM, s 170]
Part 7 Power to act for owners and occupiers
	169 Body corporate may carry out work required of owners and occupiers-Act, s 161 [SM, s 171]
	170 Body corporate’s power to take action to remedy defective building work-Act, s 162 [SM, s 172]
Part 8 Exclusive use by-laws-Act, section 173
	171 Conditions and obligations under exclusive use by-law [SM, s 173]
	172 Improvements [SM, s 174]
	173 Recovery of amount owed [SM, s 175]
Part 9 Insurance-Act, section 189
	174 Definitions for pt 9 [SM, s 176]
	175 Disclosure of insurance details at annual general meeting [SM, s 177]
	176 Insurance of common property and body corporate assets [SM, s 178]
	177 Insurance of building including lots [SM, s 179]
	178 Insurance for buildings with common walls [SM, s 180]
	179 Valuation for insurance purposes [SM, s 181]
	180 Premium [SM, s 182]
	181 Improvements affecting premium [SM, s 183]
	182 Excess [SM, s 184]
	183 Insurance for buildings with no common walls [SM, s 185]
	184 Combined policy of insurance [SM, s 186]
	185 Public risk insurance [SM, s 187]
	186 Use affecting premium [SM, s 188]
	187 Use of insurance money not paid under voluntary insurance scheme [SM, s 189]
	188 Use of insurance money paid under voluntary insurance scheme [SM, s 190]
Chapter 9 Administrative matters
Part 1 Purpose of chapter
	189 Purpose of ch 9 [SM, s 191]
Part 2 Body corporate’s seal-Act, section 34
	190 Body corporate’s seal [SM, s 192]
Part 3 Notices-Act, section 201
	191 Notices for roll [SM, s 193]
	192 Address for service [SM, s 194]
	193 Change of address [SM, s 195]
Part 4 Rolls and registers-Act, section 204
	194 Roll of lots and entitlements [SM, s 196]
	195 Register of assets [SM, s 197]
	196 Register of engagements and authorisations [SM, s 198]
	197 Register of authorisations affecting the common property [SM, s 199]
	198 Register of allocations under exclusive use by-law [SM, s 200]
	199 Register of reserved issues [SM, s 201]
Part 5 Documents and information
	200 Definitions for pt 5 [SM, s 202]
	201 Keeping and disposal of records-Act, s 204 [SM, s 203]
	202 Access to records-Act, s 204 [SM, s 204]
	203 Fee for information given to interested persons-Act, s 205 [SM, s 205]
Chapter 10 Miscellaneous
	204 Return of body corporate property [SM, s 206]
	205 Documents in custody of body corporate manager [SM, s 207]
Chapter 11 Repeal and transitional provisions
Part 1 Repeal
	206 Repeal [SM, s 208]
Part 2 Transitional provisions
	207 Main purposes of pt 2 [SM, s 209]
	208 Definitions for pt 2 [SM, s 210]
	209 Authorised actions and documents etc. under previous provision [SM, s 211]
	210 Terminology in things mentioned in s 209(1) [SM, s 212]
	211 Period stated in previous provision [SM, s 213]
	212 Period or date stated in document given under previous provision [SM, s 214]
	213 References to repealed regulation [SM, s 215]
	214 Acts Interpretation Act 1954, s 20 not limited [SM, s 216]
	215 When is a general meeting called for this division [SM, s 217]
	216 General meetings of body corporate and committee meetings called before commencement [SM, s 218]
	217 Existing voting members-eligibility [SM, s 219]
	218 Committee elections [SM, s 220]
	219 Existing engagements of body corporate managers to carry out functions of committee and executive members [SM, s 222]
	220 Existing requests for approval to transfer and decisions about transfers [SM, s 223]
	221 Existing resolutions on relevant limit for committee spending
	222 Existing proposals if reduced limit for major spending [SM, s 224]
	223 Disclosure of insurance details at annual general meeting [SM, s 225]
	224 Valuation for insurance purposes [SM, s 226]
	225 Register of reserved issues [SM, s 227]
	226 Continuation of approved forms [SM, s 228]
	227 Continuation of previous ss 158 and 160 [SM, s 229]
	228 Continuation and modification of previous transitional provision for Audit Legislation Amendment Act 2006 [SM, s 230]
Schedule
Dictionary
                        
Document Text Contents
Page 1

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Queensland

Body Corporate and Community
Management (Accommodation Module)
Regulation 2008

Subordinate Legislation 2008 No. 270

made under the

Body Corporate and Community Management Act 1997

Contents

Page

Chapter 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

3 Application of this regulation—Act, s 21 [SM, s 3] . . . . . . . . . . . . 12

4 Dictionary [SM, s 4] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

5 References to committee, chairperson, secretary or treasurer
[SM, s 5] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

6 References to standard module . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Chapter 2 Community management statements

7 Permitted inclusions—Act, s 66 [SM, s 6]. . . . . . . . . . . . . . . . . . . 15

Chapter 3 Committee for body corporate

Part 1 Preliminary

8 Requirement for committee—Act, s 98 [SM, s 7] . . . . . . . . . . . . . 16

9 Purpose of ch 3 [SM, s 8] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Part 2 Committee membership

Division 1 Composition of committee—Act, section 99

10 Composition of committee [SM, s 9]. . . . . . . . . . . . . . . . . . . . . . . 17

11 Eligibility to be a voting member [SM, s 10] . . . . . . . . . . . . . . . . . 18

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Contents

Body Corporate and Community Management (Accommodation Module) Regulation 2008
12 Co-ownership and eligibility to be a voting member [SM, s 11] . . 19

13 Non-voting members of committee [SM, s 12] . . . . . . . . . . . . . . . 19

Division 2 Choosing of committee—Act, section 99

Subdivision 1 Choosing of committee at annual general meeting

14 When committee is chosen [SM, s 13] . . . . . . . . . . . . . . . . . . . . . 20

15 When committee may be chosen if previous committee was
formed under s 14(4) [SM, s 14]. . . . . . . . . . . . . . . . . . . . . . . . . . 21

16 Election of committee [SM, s 15] . . . . . . . . . . . . . . . . . . . . . . . . . 21

17 Nomination procedures for election of committee other than at
first annual general meeting [SM, s 16] . . . . . . . . . . . . . . . . . . . . 22

18 Lot owner’s right of nomination [SM, s 17] . . . . . . . . . . . . . . . . . . 23

19 Requirements for nominations [SM, s 18] . . . . . . . . . . . . . . . . . . 24

20 Modified nomination procedures for election of committee at
first annual general meeting [SM, s 19] . . . . . . . . . . . . . . . . . . . . 25

21 Modified election procedures for election of committee at first
annual general meeting [SM, s 20]. . . . . . . . . . . . . . . . . . . . . . . . 26

22 Conduct of elections for committee [SM, s 21] . . . . . . . . . . . . . . . 26

23 Conduct of ballot—information to be forwarded with notice of
meeting [SM, s 21] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

24 Election of ordinary members of committee [SM, s 23] . . . . . . . . 27

25 Conduct of ballot—general requirements [SM, s 24] . . . . . . . . . . 27

26 Conduct of ballot—deciding executive member positions [SM,
s 26] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

27 Conduct of ballot—deciding ordinary member positions [SM,
s 27] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

28 Conduct of ballot—declaration of voting results [SM, s 28] . . . . . 31

Subdivision 2 Choosing of committee at extraordinary general meeting
following annual general meeting

29 Definitions for sdiv 2 [SM, s 29] . . . . . . . . . . . . . . . . . . . . . . . . . . 32

30 Requirement to call extraordinary general meeting [SM, s 30]. . . 33

31 Appointment of committee member at extraordinary general
meeting [SM, s 31] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

32 Engagement of body corporate manager under pt 5 at
extraordinary general meeting [SM, s 32]. . . . . . . . . . . . . . . . . . . 34

Subdivision 3 Term of office of committee members

33 Term of office—Act, s 99 [SM, s 33] . . . . . . . . . . . . . . . . . . . . . . . 34

34 Notice for breach of code of conduct—Act, s 101B [SM, s 34]. . . 36

35 Removal of voting member at general meeting for breach of
code of conduct—Act, s 101B [SM, s 35]. . . . . . . . . . . . . . . . . . . 36


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[s 112]

Body Corporate and Community Management (Accommodation Module) Regulation 2008
Chapter 6 Body corporate managers, service contractors and letting agents—Act, section

122
Part 2 Authority for engagements and authorisations
(ii) an engagement of a person as a service contractor
if the person is to be a caretaking service
contractor;

(iii) an agreement to amend a person’s engagement as a
service contractor, or a person’s authorisation as a
letting agent, to include a right or option of
extension or renewal; and

(c) the material forwarded to members of the body
corporate for the general meeting that considers the
motion approving the engagement, authorisation or
amendment includes—

(i) for an engagement or authorisation—the terms of
the engagement or authorisation, including—

(A) when the term of the engagement or
authorisation begins and ends; and

(B) the term of any right or option of extension
or renewal of the engagement or
authorisation; and

(ii) for an agreement to amend a person’s engagement
as a service contractor, or a person’s authorisation
as a letting agent, to include a right or option of
extension or renewal—an explanatory note in the
approved form explaining the nature of the
amendment; and

(iii) for another agreement to amend an engagement or
authorisation—the terms and effect of the
amendment.

(3) However, subsection (2)(b) does not apply if all the lots
included in the community titles scheme have identical
ownership.


2008 SL No. 270 Page 101

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[s 113]

Body Corporate and Community Management (Accommodation Module) Regulation 2008
Chapter 6 Body corporate managers, service contractors and letting agents—Act, section
122
Part 3 Requirements for engagements and authorisations
Part 3 Requirements for engagements
and authorisations

113 Definition for pt 3 [SM, s 115]

In this part —

unexpired term, of an engagement of a person as a service
contractor or an authorisation of a person as a letting agent,
includes the term of—

(a) a right or option of extension or renewal of the
engagement or authorisation, whether provided for in
the engagement or authorisation or subsequently
approved by the body corporate; and

(b) a subsequent right or option, under section 117 or 118,
for the engagement or authorisation.

114 Form of engagement [SM, s 116]

(1) The engagement of a person as a body corporate manager or
service contractor is void if the engagement does not comply
with the requirements stated in subsection (2).

(2) The engagement must—

(a) be in writing; and

(b) state the term of the engagement, including—

(i) when the term begins and when it ends; and

(ii) the term of any right or option of extension or
renewal of the engagement; and

(c) state the functions the body corporate manager or
service contractor is required or authorised to carry out;
and

(d) state the basis for working out payment for the body
corporate manager’s or service contractor’s services;
and


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Page 202

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Schedule

Body Corporate and Community Management (Accommodation Module) Regulation 2008
roll, of a body corporate, means the roll prepared and kept by
the body corporate under section 194.

secret voting paper see section 69(2).

standard module means the Body Corporate and Community
Management (Standard Module) Regulation 2008.

statutory motion, for an annual general meeting, means a
motion about a following matter—

(a) presenting the body corporate’s accounts for the
financial year;

(b) appointing an auditor of the body corporate’s accounts
for the next financial year, or not auditing the accounts;

(c) adopting administrative fund and sinking fund budgets
for the financial year;

(d) fixing contributions to be paid by the owners of lots for
the next financial year;

(e) reviewing each insurance policy held by the body
corporate.

subsidiary scheme representative see section 83.

unexpired term, for chapter 6, part 3, see section 113.

voluntary insurance scheme see section 183.

voter, for a general meeting of a body corporate, see section
81(1).

voting member, of the committee, means a member of the
committee other than a non-voting member.

ENDNOTES
1 Made by the Governor in Council on 21 August 2008.
2 Notified in the gazette on 22 August 2008.
3 Laid before the Legislative Assembly on . . .
4 The administering agency is the Department of Justice and

Attorney-General.


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© State of Queensland 2008

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