Queensland citizens draws to the attention of the House, that e-Petition 3767-22 tabled in the Legislative Assembly on 16 August 2022 drew a response from the Attorney-General that she was unable to provide specific legal advice about the matter, and so the matter was not actually clarified. Section 151(3) of the Body Corporate and Community Management Act 1997 was repeated in her response, and this again highlighted the fact that the legislation is unclear when it states that “the account must provide for it to be operated for the body corporate by any of the following- (a) the body corporate manager or associate; or (b) the authorised members acting jointly. The point that is unclear is whether the words “by any of the following” indicates that the account may be set up so that party (a) is the only authorised signatory, or so that party (b) is the only authorised signatory (which would be somewhat impractical), or, as your petitioners would expect, that the account must be set up so that parties (a) and (b) can operate the account jointly and severally. 

Your petitioners, therefore, request the House to amend this section of the Act to clarify the above point. To be clear, it is not legal advice that we seek, but an actual legislative change so that the required clarity is provided within the legislation itself.