Ivana Bacik (Independent)

I see the Minister's issue with it but there is this more general problem of how the Bill applies to developments that are still in the process of being constructed when the Bill comes into force.

Another person raised with me a similar issue in respect of section 5, that it does not appear to apply to a development which has been completed where the common areas have still not been transferred. Section 5 applies to developments which have been substantially completed before the commencement of the Act requiring the developer to transfer the common areas to the owners' management company within six months of the coming into operation of section 4, but there is still this anomaly. Where the development has been completed and the common areas have still not been transferred, the section does not seem to apply.

Similarly, with this amendment we are trying to resolve the issue of apartment owners in a complex where the development has been commenced prior to the passing of the Bill. It seems to us that this is a loophole or an anomaly where the provisions of the Act will not apply to a company that is already in existence. There is a difficulty for individual consumers.