Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• bankrupt or personally insolvent
• Corporations Act
• director-general (see s 163)
• domestic partner (see s 169 (1))
• exercise
• fail
• function
• housing commissioner
• lawyer
• Magistrates Court
• registrar-general
• Supreme Court.
"accounts", of a retirement village, means the accounts mentioned in division 7.5 (Annual accounts).
"administrator "means an administrator appointed under an order made under division 6.6 (Administrators, receivers and managers).
"annual management meeting" means the meeting mentioned in section 107.
"approved annual budget" means a budget taken to be an approved annual budget under section 162.
"body corporate", for a community title scheme—see the Community Title Act 2001, dictionary.
"capital gain"—see section 13.
"capital item", for which the operator of a retirement village is responsible, for division 7.2 (Capital maintenance and replacement)—see section 135.
"capital maintenance—"
(a) means works carried out for repairing or maintaining a capital item; and
(b) includes works prescribed by regulation as being capital maintenance; but
(c) does not include works prescribed by regulation as not being capital maintenance.
"capital replacement—"
(a) means works carried out for replacing a capital item; but
(b) does not include capital maintenance.
"capital works fund" means a fund established under section 143.
"close associate", of the operator of a retirement village, means—
(a) an agent or employee of the operator; and
(b) if the operator is an individual—
(i) the domestic partner, parent, child or sibling of the operator; or
(ii) the parent, child or sibling by marriage of the operator; or
(iii) a body corporate of which the operator (or the operator's domestic partner, parent, child or sibling, or the operator's parent, child or sibling by marriage) is a director or secretary; and
(c) if the operator is a body corporate—
(i) a director or secretary of the body corporate or of a related body corporate (within the meaning of the Corporations Act); or
(ii) the domestic partner, parent, child or sibling (or the parent, child or sibling by marriage) of a director or secretary; or
(iii) a related body corporate.
"common property"—
(a) of a community title scheme—see the Community Title Act 2001, section 18; and
(b) of a units plan—see the Unit Titles Act 2001, section 13.
"community title scheme"—see the Community Title Act 2001, dictionary.
"company title scheme" means a scheme under which a group of adjoining or adjacent premises (including residential premises) is owned or leased by a corporation each of whose shareholders has, because of the shareholder's shares, an exclusive right (under a lease or otherwise) to occupy 1 or more of the residential premises.
"condition report"—see section 59 (1).
"contract for the sale", of residential premises occupied under a company title scheme—see section 9.
"CPI" means the Consumer Price Index (All Groups) for Canberra issued by the Australian Statistician.
"departure fee"—see section 214.
"development approval"—see the Planning and Development Act 2007, dictionary.
"disclosure statement" means a statement mentioned in section 24.
"end of the settling-in period", for a village contract, for division 5.2 (Settling-in period for residents)—see section 71.
"financial year", of a retirement village, means the period fixed under section 134.
"former occupant", of a retirement village—
(a) means a resident, or a former resident, of the village—
(i) who has permanently vacated residential premises in the village; and
(ii) if the person is not a registered interest holder—whose residence contract has been ended; and
(iii) who continues to have rights or liabilities under a village contract in relation to the village; and
(b) includes the executor or administrator of the estate of a person mentioned in paragraph (a).
"general inquiry document" means a document mentioned in section 23.
"general services—"
(a) means services provided, or made available, by or on behalf of the operator of a retirement village, to all residents of the village; and
(b) includes services prescribed by regulation.
Examples
• management and administration
• gardening and general maintenance
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"holding deposit", for part 4 (Entry into retirement villages)—see section 32.
"ingoing contribution"—see section 11.
"investigator" means an investigator appointed under the Fair Trading (Australian Consumer Law) Act 1992, section 36.
"item of capital—"
(a) means—
(i) a building or structure in a retirement village; and
(ii) plant, machinery or equipment used in the operation of the village; and
(iii) any part of the infrastructure of the village; and
(iv) any other item prescribed by regulation; but
(b) does not include an item prescribed by regulation.
"judicial body", for part 12 (Administration)—see section 250.
"operator", of a retirement village—see section 7.
"optional services—"
(a) means optional services made available, by or on behalf of the operator of a retirement village, to individual residents of the village; and
(b) includes services prescribed by regulation.
Examples
laundry, meals, cleaning residential premises
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"owners corporation", for a units plan—see the Unit Titles (Management) Act 2011, dictionary.
"permanently vacate", residential premises—
(a) for the Act—see section 14; and
(b) for part 10 (Matters relating to vacation of premises)—see section 207.
"proposed annual budget", for a financial year for a retirement village, for division 7.4 (Proposed and approved annual budgets)—see section 158.
"prospective resident", of a retirement village, means a person who indicates (or on whose behalf it is indicated) to the operator of the village that the person is or might be interested in becoming a resident of the village.
"proxy", of a resident of a retirement village, means a person appointed by the resident for voting on the resident's behalf at residents meetings.
"recurrent charge" means an amount (including rent) payable under a village contract, on a recurrent basis, by a resident of a retirement village.
Note Levies payable under a community title scheme or units plan are not recurrent charges (because they are not payable under a village contract).
"refurbishment", for division 10.4 (Repair and refurbishment of residential premises)—see section 218.
"registered interest holder", in relation to residential premises in a retirement village—see section 12 (1).
"registered long-term sublessee", of residential premises in a retirement village—see section 12 (1).
"relative", of a person, means the following:
(a) a grandparent, parent, sibling or child of the person;
(b) a grandparent, parent, sibling or child of the person by marriage;
(c) a step-grandparent, step-parent, step-brother, step-sister or step-child of the person;
(d) an aunt or uncle of the person.
"rescission notice"—see section 55 (1).
"residence contract" means a contract that gives rise to a residence right.
"residence right", of a person—see section 8.
"resident", of a retirement village—
(a) means a retired person who has a residence right in relation to residential premises in the village; and
(b) includes the following people (each of whom is taken also to have a residence right in relation to the residential premises):
(i) the domestic partner of the retired person, if the domestic partner occupies the residential premises with the retired person;
(ii) a person prescribed by regulation;
(iii) for part 6, part 7, part 8 and division 10.5—a former occupant of the retirement village.
"residential aged care facility "means a residential facility that provides residential care within the meaning of the Aged Care Act 1997 (Cwlth), section 41-3 (Meaning of residential care) to residents at the facility.
"residential premises" means premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence.
"residential tenancy agreement"—see the Residential Tenancies Act 1997, section 6A.
"residents committee" means a committee established under section 103.
"retired person" means a person who is 55 years old or older or has retired from full-time employment.
"retirement village"—see section 10.
"sale", of residential premises occupied under a company title scheme—see section 9.
"sale of residential premises", for part 10 (Matters relating to vacation of premises)—see section 208.
"sale price", of residential premises occupied under a company title scheme—see section 9.
"service contract" means a contract under which general or optional services are provided to a resident of a retirement village.
"services and facilities" means services and facilities provided by or on behalf of the operator.
"special resolution" means a resolution under schedule 1, part 1.3.
"standard form contract"—see section 67.
"standard term", in relation to a village contract, means a term in a standard form contract that applies to the village contract.
"surplus", for division 7.6 (Surplus or deficit of accounts)—see section 172.
"tenant" means a person who has a right to occupy residential
premises under a residential tenancy agreement—
(a) entered into under division 10.5 (Sale or letting of premises by certain residents); or
(b) that contains a term to the effect that this Act does not apply to the residential premises the subject of the agreement.
Note A tenant is not a resident.
"termination notice"—see section 185 (2).
"trustee", for part 4 (Entry into retirement villages)—see section 32.
"unit"—see the Unit Titles Act 2001, dictionary.
"units plan"—see the Unit Titles Act 2001, section 9.
"urgent", for division 7.2 (Capital maintenance and replacement)—see section 136.
"village contract—"
(a) for this Act generally—means any of the following:
(i) a residence contract;
(ii) a service contract;
(iii) a contract under which a resident of a retirement village obtains the right to use a garage or parking space, or a storage room, in the village;
(iv) a contract of a kind prescribed by regulation; and
Note A residence contract, service contract and any other village contract may be contained in a single document.
(b) for division 10.3 (Departure fees)—see section 215.
"village rules" means the rules made under division 6.1 (Village rules).
"waiting list fee", for a retirement village, for part 4 (Entry into retirement villages)—see section 32.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 6 June 2012.
2 Notification
Notified under the Legislation Act on 4 September 2012.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Retirement Villages Bill
2012, which was passed by the Legislative Assembly on 22 August 2012.
Clerk of the Legislative Assembly
© Australian Capital Territory 2012