Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The operator of a retirement village commits an offence if the operator interferes with a resident's attempt to let the resident's residential premises in the village (except as provided by section 229 (5) (Letting or subletting of premises)).
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
(3) Subsection (1) does not apply if the operator refused to consent to a second or subsequent tenancy agreement under section 229 (5).
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4) Without limiting subsection (1), the operator interferes with a resident's attempt to let residential premises if the operator interferes with a “For Lease” sign relating to the premises.
(5) Subsection (4) does not apply if the sign has been erected contrary to the village rules or in a way that interferes with the peace, comfort and quiet enjoyment of another resident of the village.
Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
(6) In this section:
"village rules", of a village, includes by-laws if the village is part of a community title plan or unit titles plan.