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RETIREMENT VILLAGES ACT 1999 - SECT 21
Waiting list fee
(1) The operator of a retirement village must not require or accept any
waiting list fee unless-- (a) the fee does not exceed $200 (or such other
amount as may be prescribed by the regulations), and
(b) the operator has a
written policy setting out the way in which the waiting list operates, and
(c) the operator gives to the person who pays the fee, at the time payment is
made, a copy of the policy and a receipt for the payment.
: Maximum
penalty--100 penalty units.
(2) If a waiting list fee is paid by or on behalf
of any person, the operator must deduct the amount of the fee from any
ingoing contribution payable by the person concerned (unless the fee is
refunded in accordance with this section). If no ingoing contribution is
payable, the waiting list fee must be refunded no later than at the time the
person concerned first enters into a village contract with the operator.
(3)
A waiting list fee must be refunded in full no later than 14 days after the
operator receives a written request for a refund from the person (or from the
executor or administrator of the person's estate) by or on whose behalf the
fee was paid.
(4) If a waiting list fee is not refunded as required by this
section, the person to whom the refund is payable may apply to the Tribunal
for (and the Tribunal may make) an order directing the operator to refund the
fee.
(5) In this section,
"waiting list fee" means any payment made to the operator other than-- (a) an
ingoing contribution, or
(b) a holding deposit, or
(c) a payment under a
village contract.
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