Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 33

    (1)     The operator of a retirement village commits an offence if the operator requests or accepts payment of a waiting list fee from a person.

Maximum penalty: 50 penalty units.

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

    (3)     Subsection (1) does not apply if—

        (a)     the fee is not more than $200, or another amount prescribed by regulation; and

        (b)     the operator has a written policy setting out the way the waiting list operates; and

        (c)     the operator gives the person who pays the waiting list fee, when payment is made—

              (i)     a copy of the policy; and

              (ii)     a receipt for the payment.

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