JT said:
under section 85 (below) the OC – and I believe this means the committee, if they have been given those powers at a general meeting – can decide not to impose the penalty interest and can also organise a payment plan.
My reading of the section you have quoted is that the OC can’t delegate this to the committee since it is specified that the decisions must by made by the OC by resolution.
In our OC a certain function had been long believed to have been delegated to the OC. When things fell in a heap, our legal advice was that the OC did not have the power to delegate a function to the committee and the committee could not exercise a function of the OC if the Act specified that a resolution of the OC was required to exercise that function.
Unless there is something elsewhere in the NSW Act that I am unaware of that allows an OC to resolve to delegate functions, including those for which the Act specifies a resolution of the OC. The ACT act does not have any such provision.