Page 400 - Week 02 - Tuesday, 18 February 2020

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MR PARTON: I am proposing a couple of minor but, we think, important changes to Mr Gentleman’s bill. As per the supplementary explanatory statement and the amendment itself, the change is pretty simple. My amendment seeks to make it absolutely clear that the responsible entity is in charge of making building insurance claims and for paying the excess on any given claim. This is consistent with the essence of clause 87 of the amendment bill.

The responsible entity is either an owners corporation or a management committee, as defined in amendment clause 87. These changes remove any ambiguity regarding the owners corporation function in relation to building insurance and ensure that individual unit owners are not liable for paying the excess on any given claim. If it were necessary for an individual unit owner to assume a liability for such a payment, the legislation does allow for an owners corporation to take appropriate action regarding that liability. I commend my amendment to the chamber.

Amendment agreed to.

Clause 87, as amended, agreed to.

Proposed new clause 87A.

MR PARTON (Brindabella) (11.50): I move amendment No 2 circulated in my name, which inserts a new clause 87A [see schedule 3 at page 447].

Amendment agreed to.

Proposed new clause 87A agreed to.

Clauses 88 to 92, by leave, taken together and agreed to.

Clause 93.

MS LE COUTEUR (Murrumbidgee) (11.50): I seek leave to move an amendment which has not been considered by the scrutiny committee.

Leave granted.

MS LE COUTEUR: I move amendment No 5 circulated in my name [see schedule 1 at page 444]. This proposed new section amends the Unit Titles (Management) Act 2011 to prevent an owners corporation from changing its rules to prohibit or restrict the installation, operation or maintenance of sustainability infrastructure in or on the unit owner’s unit. This section ensures that sustainability infrastructure in or on a particular unit is treated the same way that sustainability infrastructure is treated on the common property of an owners corporation under the existing provisions of the Unit Titles (Management) Act 2011.

Amendment agreed to.


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