New South Wales Consolidated Acts
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RETIREMENT VILLAGES ACT 1999 - SECT 24
Resident to enter village contract
(1) The operator of a retirement village must not permit a
prospective resident of the village to occupy residential premises in the
village before the prospective resident enters into at least one of the
following contracts with the operator in writing--
(a) a residence contract,
(b) a service contract.
: Maximum penalty--50 penalty units.
Note : A
residence contract, a service contract and any other village contract may be
contained in a single document.
(2) However, a prospective resident may
occupy residential premises in the village without entering into a contract
referred to in subsection (1) if--
(a) the prospective resident occupies the
premises with a person who has entered into such a contract with the operator,
(b) the prospective resident and the operator enter into a
residential tenancy agreement to which this Act does not apply in relation to
(3) If the operator contravenes subsection (1), then (despite
the provisions of Part 10)--
(a) the former occupant (if any) of the
residential premises concerned has no liability to pay any recurrent charges
or departure fees relating to the premises in respect of any period after the
date on which the prospective resident occupies the premises, and
operator must, no later than one month after that date, make any refund of the
former occupant's ingoing contribution, and make any other payment that is
required, under a village contract, to be made to the former occupant.
a refund, in whole or in part, is not made to a former occupant within the
period required by subsection (3) (b)--
(a) the former occupant may apply to
the Tribunal for (and the Tribunal may make) an order directing the operator
to make the payment, and
(b) interest is payable, at the rate prescribed by
the regulations, on and from the date that the refund becomes overdue.
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