Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 22

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

        (a)     the operator publishes or distributes written promotional material about the village; and

        (b)     the material includes any of the following representations in relation to the village:

              (i)     that a person is likely to obtain a capital gain when the person vacates the village;

              (ii)     an estimation of possible amendments of future recurrent charges;

              (iii)     an estimation of the future size of the village;

              (iv)     a representation in relation to future ownership of the village;

              (v)     that the village is an approved provider of residential care within the meaning of the Aged Care Act 1997 (Cwlth);

              (vi)     that residents of the village have priority access to residential care by an approved provider under the Aged Care Act 1997 (Cwlth).

Maximum penalty: 50 penalty units.

    (2)     An offence against subsection (1) is a strict liability offence.

Note 1     Any advertising, and promotional and sales material, relating to a retirement village must also comply with the Fair Trading (Australian Consumer Law) Act 1992 and the Trade Practices Act 1975 (Cwlth).

Note 2     Section 10 (1), def retirement village , par (b) (i) excludes from that definition buildings commonly known as Commonwealth-subsidised hostels and nursing homes.

    (3)     Subsection (1) (b) (ii) does not apply if the village contract provides for recurrent charges to be amended in accordance with a fixed formula.

    (4)     Subsection (1) (b) (iii) does not apply if the representation is made in relation to development where construction is underway and a completion date for the development is known.

    (5)     Subsection (1) (b) (iv) does not apply if, when the representation is made, a contract to transfer ownership of the village has been entered into.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3), (4) and (5) (see Criminal Code, s 58).

    (6)     Promotional material to which subsection (4) applies may include details about the contract for the transfer of ownership of the village.