Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) Except as provided by subsection (2), a refund or payment under this division must be made within—
(a) 14 days after the day the village contract is ended; or
(b) within any other period ordered by the ACAT.
(2) If section 74 (a) or (b) applies, the payment must be made to the former occupant within the period after the day the village contract is ended that is the same period as that required for a payment under section 235 (2) (Payments to former occupants who were registered interest holders) to a former occupant after the sale of premises.
(3) If a payment that is required to be made under this division is not paid within the time required by this section, the operator of a retirement village or former occupant may apply to the ACAT for an order requiring the amount to be paid within a stated time.
(4) If the operator and former occupant are unable to agree on an amount required to be paid under this division, the operator or former occupant may apply to the ACAT for an order in relation to—
(a) the amount of fair market rent (if any) required to be paid under section 73 (1) (a) (Liability of former occupant if village contract ended during settling-in period); or
(b) what damage (if any) to the residential premises is in excess of fair wear and tear, and the amount (if any) required to be paid under section 73 (1) (b); or
(c) the reasonable administration fee (if any) required to be paid under section 73 (1) (c).
(5) The ACAT may consider, but is not bound by—
(a) for subsection (4) (a)—the rent (if any) stated in the village contract when deciding the fair market rent; and
(b) for subsection (4) (c)—the administration fee (if any) stated in the village contract when deciding a reasonable administration fee.