Section 16 and section 17 do not apply to a person if the person—
(a) carries out market surveys in relation to a proposed retirement village before the person receives development approval for the development; or
(b) carries out market surveys in relation to a proposed residential aged care facility in connection with a retirement village before the person receives all the authorisations required by law for the facility; or
(c) gives public notice of, or otherwise advertises, a development application relating to a proposed retirement village or a proposed residential aged care facility in accordance with the Planning and Development Act 2007 .
Note The defendant has an evidential burden in relation to the matters mentioned in this section (see Criminal Code, s 58).