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[Paradise]

The Commissioner for Fair Trading or, if there is no commissioner, the Secretary of the Department of Customer Service can make an application to the Civil and Administrative Tribunal (the Tribunal) for the appointment of a compulsory strata managing agent or requiring an owners corporation to appoint a strata managing agent.

Whatever happened to this? I read it was starting on 1 February but haven’t been able to locate any procedure on the FT website and the department hasn’t yet replied to my question from 4 weeks ago.

Thx!

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[Jimmy-T]

The word I have from on high is that this provision was never intended to be enacted in the first swathe of reforms and there’s a bit of to-ing and fro-ing still to be done between Fair Trading and the A-g’s department (which looks after Tribunals) to lock down the precise wording on the new regulation.

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[Paradise]

Me thinks Fair Trading doesn’t want the job so the proclamation of 1 Feb 2024 was postponed.

The introduction is by way of Schedule 3 part 28 of the Strata Legislation Amendment Act 2023 No 45, and causes “(e) the Secretary” to be added to part 8 of section 237 of the Strata Schemes Mangement Act. The Secretary being the Commissioner for Fair Trading.

The only official tidbit can be found on the NSW government website – https://www.nsw.gov.au/housing-and-construction/strata/serving-on-a-committee/changes-to-strata-scheme-laws-2023#toc-managing-agents

“The Commissioner for Fair Trading is given standing to seek the appointment of a compulsory managing agent at the NSW Civil and Administrative Tribunal (not yet commenced).”

 

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