Australian Capital Territory Numbered Acts

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RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 152

Amending certain recurrent charges otherwise than in accordance with Act

    (1)     The operator of a retirement village commits an offence if—

        (a)     a village contract provides that recurrent charges payable under the contract are to be amended as set out in section 150 (Recurrent charges amended otherwise than by fixed formula—not exceeding variation in CPI) or section 151 (Recurrent charges amended otherwise than by fixed formula—exceeding variation in CPI); and

        (b)     the operator increases the recurrent charges; and

        (c)     the increase is—

              (i)     beyond the upper limit (if any) stated in the contract; or

              (ii)     not in accordance with section 150 or section 151.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.



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