Australian Capital Territory Numbered Acts

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RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 68

Effect of noncompliance with standard form contract

    (1)     A village contract for which a standard form is prescribed, and that is entered into after the day when the form is prescribed, is void to the extent to which it is not in or to the effect of the standard form contract.

    (2)     A village contract that does not include a standard term is taken to include the standard term.

    (3)     An amendment of a standard term in a village contract has no effect.

    (4)     However—

        (a)     nothing in subsection (1) or (3) voids a residence right given to a person under a village contract; and

        (b)     despite subsection (1) or (3), the parties to a village contract for which a standard form is prescribed may include an additional term in the contract if the term—

              (i)     does not contravene this Act or another territory law; and

              (ii)     is not inconsistent with a term of the standard form contract.

    (5)     On application by a resident of a retirement village, the ACAT may order that an additional term included in a village contract under subsection (4) (b) is void if satisfied the additional term does not comply with subsection (4) (b) (i) and (ii).



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