Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The operator of a retirement village commits an offence if—
(a) the operator sells a capital item for which the operator of a retirement village is responsible to a resident of the village; and
(b) the sale is not in accordance with the requirements prescribed by regulation.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) A contract, agreement, scheme or arrangement is unenforceable to the extent that it purports to sell, or pass responsibility for the maintenance or replacement of, capital items in contravention of subsection (1).
(4) This section does not apply to the sale of residential premises, or fixtures in residential premises, in a retirement village.
(5) In this section:
"resident" includes a prospective resident.
"sell", a capital item to a resident, includes pass responsibility for the capital item, directly or indirectly, to the resident.