New South Wales Consolidated Acts
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RETIREMENT VILLAGES ACT 1999 - SECT 5
Meaning of "retirement village"
5 Meaning of "retirement village"
(1) For the purposes of this Act, a
"retirement village" is a complex containing residential premises that are--
(a) predominantly or exclusively occupied, or intended to be predominantly or
exclusively occupied, by retired persons who have entered into
village contracts with an operator of the complex, or
(b) prescribed by the
regulations for the purposes of this definition.
(2) It does not matter that
some residential premises in the complex may be occupied by employees of the
operator or under residential tenancy agreements containing a term to the
effect that this Act does not apply to the premises the subject of the
agreement (instead of being occupied under residence contracts), or that those
premises do not form part of the retirement village.
(3) However, a
"retirement village" does not include any of the following--
(a) any building
or any part of a building used or intended to be used for the provision of
residential care, within the meaning of the Aged Care Act 1997 of the
Commonwealth, by an approved provider under that Act,
Note : Paragraph (a)
excludes from the definition of
"retirement village" buildings that are commonly known as
Commonwealth-subsidised hostels and nursing homes.
(b) a nursing home within
the meaning of the Public Health Act 2010 ,
(c) any building or part of a
building intended to be used for the provision of respite care (within the
meaning of Aged Care Act 1997 of the Commonwealth),
(d) a community within
the meaning of the Residential (Land Lease) Communities Act 2013 ,
residential premises the subject of a residential tenancy agreement to which
the NSW Aboriginal Housing Office or the New South Wales Land and Housing
Corporation is a party,
(f) a boarding-house or lodging house,
accommodation provided in a complex for employees of the complex who are not
residents of the retirement village,
(h) any residential premises the subject
of a residential tenancy agreement in the form prescribed under the
Residential Tenancies Act 2010 to which the operator of a retirement village
is a party and that contains a term to the effect that this Act does not apply
to the residential premises the subject of the agreement,
(i) any other place
or part of a place excluded from this definition by the regulations.
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