2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Alistair Coe)
Unit Titles (Management) Amendment Bill 2016

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Owners corporation—entry to units
Section 28 (1), new note	2
	5	New sections 33A to 33C	2
	6	General fund—contributions
Section 78 (2)	5
	7	New section 78 (2A)	5
	8	General fund—notice of contributions
Section 79 (1)	5
	9	New section 79 (2) (da)	6
	10	Dictionary, new definition of sub-meter	6

2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Alistair Coe)
Unit Titles (Management) Amendment Bill 2016

A Bill for
An Act to amend the Unit Titles (Management) Act 2011

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Unit Titles (Management) Amendment Act 2016.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Unit Titles (Management) Act 2011.
4	Owners corporation—entry to units
Section 28 (1), new note
insert
Note	An owners corporation may also enter a unit to install a sub‑meter under s 33B.
5	New sections 33A to 33C
in division 3.4, insert
33A	Unit sub‑meters
An owners corporation for a units plan may—
	(a)	if authorised by—
	(i)	an ordinary resolution—permit a unit owner to install a water meter (a sub‑meter) at the owner’s expense to the owner’s unit; or
	(ii)	a special resolution—require a unit owner to install a sub‑meter at the owner’s expense to the owner’s unit; and
	(b)	determine, in accordance with a method set out in an ordinary resolution—
	(i)	the share of the owners corporation’s water usage, in relation to the common property, payable by an owner; and
	(ii)	if the share under subparagraph (i) is determined, based on an estimated water usage––any additional payment to be made by, or refund due to, the owner based on actual water usage; and
	(iii)	the owners corporation’s administration costs relating to operating a sub‑meter payable by the owner of the sub‑meter.
Examples—administration costs
costs incurred by an owners corporation for reading a sub‑meter, calculating payments and invoicing the owner, if a utility service cannot access the sub‑meter.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
33B	Owners corporation may install sub‑meter
	(1)	This section applies if an owners corporation is authorised by special resolution to require a unit owner to install a sub‑meter at the owner’s unit.
	(2)	The unit owner must install the sub‑meter within 12 months after the day the special resolution is passed.
	(3)	If the unit owner fails to install the sub‑meter within the 12-month period, the owners corporation may arrange to install the sub‑meter at the owner’s unit.
	(4)	If entry to the unit is required to install the sub‑meter, a person may enter the unit on behalf of the owners corporation if—
	(a)	the executive committee authorises the entry, and the person to enter, by resolution; and
	(b)	the executive committee gives the owner or an occupier of the unit written notice that the entry must be allowed on a stated day.
	(5)	A notice under subsection (4) (b) must be given to the unit owner or occupier not less than 7 days before the entry it relates to.
	(6)	The amount spent by the owners corporation for the installation of the sub‑meter is recoverable by the owners corporation from the unit owner as a debt.
Note	For powers in relation to money owing to an owners corporation see div 5.3.
33C	Payments for water usage
	(1)	This section applies to a unit owner who has a sub‑meter installed at the owner’s unit.
	(2)	Subject to subsection (3), the unit owner must pay the owners corporation—
	(a)	for the unit owner’s water usage as measured by the sub‑meter; and
	(b)	for the unit owner’s share of the owners corporation’s water usage as determined by the owners corporation under section 33A (Unit sub‑meters); and
	(c)	the owners corporation’s administration costs relating to operating the sub‑meter as determined by the owners corporation under section 33A.
	(3)	Subsection (2) (a) does not apply to a unit owner if the sub-meter is accessible by a utility service and the unit owner is billed directly by the utility service for the water usage.
6	General fund—contributions
Section 78 (2)
omit
The general
substitute
Subject to subsection (2A), the general
7	New section 78 (2A)
insert
	(2A)	However, if a sub‑meter is installed at a unit, the general fund contribution payable by the unit owner is—
	(a)	in relation to water usage––the amount payable under section 33C (Payments for water usage); and
	(b)	the proportional share for the unit of the total general fund contribution payable under subsection (2) after the amount approved for water usage in the general fund budget is deducted.
8	General fund—notice of contributions
Section 79 (1)
substitute
	(1)	An owners corporation for a units plan must give notice to each unit owner of—
	(a)	a determination of general fund contributions under section 78; and
	(b)	if a sub‑meter is installed at the unit—a determination under section 33A (Unit sub‑meters). 
9	New section 79 (2) (da)
insert
	(da)	if a sub‑meter is installed at the unit—
	(i)	the proportional share for the unit of the total general fund contribution for the owners corporation’s water usage in relation to the common property payable by the owner and how the proportion is worked out; and
	(ii)	the proportional share for the unit of the total general fund contribution, after the amount approved for water usage in the general fund budget is deducted, payable by the owner and how the proportion is worked out; and
	(iii)	if the contribution under subparagraph (i) is determined, based on an estimated water usage––a statement that an additional payment may be required by, or a refund may be due to, the owner based on actual water usage as determined under section 33A (Unit sub‑meters); and
	(iv)	the owners corporation’s administration costs relating to operating the sub‑meter as determined by the owners corporation under section 33A;
10	Dictionary, new definition of sub-meter
insert
sub-meter—see section 33A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 4 May 2016.
2	Notification
	Notified under the Legislation Act on	2016.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2016