(1) This section applies if residential premises, or a part of residential premises, in a retirement village—
(a) is destroyed or ceases to be usable as residential premises, or becomes unsuitable for habitation, other than as a result of a breach of the village contract for the residential premises; or
(b) is compulsorily appropriated or acquired by a Commonwealth or Territory authority.
(2) The recurrent charges payable by the resident of the village are reduced accordingly.
Note The operator or resident may also want to end the residence contract—see s 185 (Ending of residence contract if premises uninhabitable etc).
(3) If the operator and resident do not agree that the recurrent charges should be reduced, or do not agree on the extent to which they should be reduced, either party may apply to the ACAT for an order declaring that the recurrent charges—
(a) are not to be reduced; or
(b) are to be reduced by the amount, and from the date, stated in the order.