Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 153

    (1)     An amendment of recurrent charges payable under a village contract takes effect under section 151 (Recurrent charges amended otherwise than by fixed formula—exceeding variation in CPI) only if—

        (a)     the residents of the retirement village consent to it; or

        (b)     the ACAT orders under section 154 (ACAT Orders—recurrent charges) that the amendment takes effect.

    (2)     The residents must, not later than 30 days after receiving a notice under section 151—

        (a)     meet, consider and vote on the proposed amendment; and

        (b)     tell the operator of the village that they consent, or do not consent, to the amendment.

    (3)     If the operator is told nothing under subsection (2) (b), the residents are taken to have refused to consent to the amendment.

    (4)     If the residents committee for the village (or, if there is no residents committee, a resident) requests information about the proposed amendment for the purpose of deciding whether to consent to it, the operator must give the information requested.

    (5)     However, the operator does not have to give information prescribed by regulation for this subsection.

    (6)     If the operator fails to give the information within the time prescribed by regulation, the residents committee or resident may apply to the ACAT for an order requiring the operator to give the information stated in the order.

Note     Fail includes refuse (see Legislation Act, dict, pt 1).