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RETIREMENT VILLAGES ACT 1999 - SECT 89
Power of attorney
89 Power of attorney
(1) A scheme operator must not exercise or purport to exercise a power
conferred on, or exercisable by, the scheme operator under a limited, general
or enduring power of attorney given by a resident of the retirement village in
favour of the scheme operator. Penalty— Maximum penalty—540 penalty
units.
(2) However, the scheme operator does not contravene subsection (1)
if— (a) the resident is a spouse or other relative of the scheme operator;
or
(b) the scheme operator exercises, or purports to exercise, a power of
attorney given to the operator by the resident to execute a surrender of a
registered lease in favour of the resident over an accommodation unit after
the resident’s residence contract has been lawfully terminated under this
Act; or
(c) the resident gives the power of attorney under the
Body Corporate and Community Management Act 1997 , section 211 or 219 .
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