Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_13
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 13
Character Range: 74172–75383

13  Application to Tribunal to amend or Supreme Court to cancel a community plan—sections 61 and 69
 (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).
 (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).
 (3) The matters are:
 (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and
 (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and
 (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and
 (d) any other reason why it is in the interests of justice that the application should be granted or refused.

Part 3—Administration of community schemes

Division 1—General