New South Wales Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 157

Payment of departure fee

157 Payment of departure fee

(1) Any departure fee is payable to the operator of the retirement village.
(2) A departure fee is payable out of the former occupant's ingoing contribution.
(3) However, if the former occupant is, or was, a registered interest holder in respect of residential premises in the retirement village, the departure fee is payable out of--
(a) the proceeds of the sale of the residential premises, or
(b) the former occupant's exit entitlement within the meaning of Part 10AA.
(4) A departure fee is to be deducted from--
(a) the amount of the refund of the ingoing contribution payable to the former occupant as specified in the relevant village contract, or
(b) for a former occupant who is, or was, a registered interest holder in respect of the premises--
(i) the proceeds of the sale payable to the former occupant as specified in the relevant village contract, or
(ii) the agreed valuation of the premises within the meaning of Part 10AA, or
(iii) the amount payable by the operator as an accommodation payment on behalf of the former occupant under section 182AG, if any.



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