Question: Is the due date for lodgment of documents extended to the next working day ie Monday if the deadline is a Friday?
Would s.38 (2) of the Acts Interpretation Act 1954 (Qld) mean that the due date for lodgment of documents eg owner motions and cmttee nominations would be extended to the next working day ie Monday if the deadline is a Friday?
Answer: Owner motions and committee nominations could be submitted on either the Friday prior to the body corporate’s EOFY, the weekend, or the Monday following the body corporates EOFY.
Yes – section 38(2) of the Acts Interpretation Act 1954 (Qld) relevantly provides that if the time, or last day of a period, calculated forwards that is provided or allowed by an Act for doing anything that falls on an excluded day (a weekend), the time, or last day, is taken to fall on the next day later that is not an excluded day.
Therefore, owner motions and committee nominations could be submitted on either the Friday prior to the body corporate’s EOFY, the weekend, or the Monday following the body corporates EOFY. Adjudicators have taken this approach when calculating time frames and can be seen in the decisions of North Shore Village [2012] QBCCMCmr 246 and Couran Cove Marine Apartments [2022] QBCCMCmr 374.
This post appears in Strata News #623.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753