Australian Capital Territory Numbered Acts

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RETIREMENT VILLAGES AMENDMENT ACT 2016 (NO. 30 OF 2016) - SECT 53

New part 21

insert

Part 21     Transitional—Retirement Villages Amendment Act 2016

520     Meaning of commencement day —pt 21

In this part:

commencement day means the day the Retirement Villages Amendment Act 2016 , section 3 commences.

521     Holding deposits paid before the commencement day

Section 39 (3A) to (3D) (Repaying etc holding deposits and ingoing contributions) does not apply in relation to an amount paid by a prospective resident to the operator of a village before the commencement day.

522     Existing villages rules to be consistent

    (1)     This section applies if, on the commencement day, the village rules of a retirement village are inconsistent with this Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

    (2)     The operator of the retirement village must propose amendments to ensure that the rules are consistent with this Act.

Note 1     See s 83 for proposing amendments of the village rules. A proposed amendment is not made unless the residents consent to the amendment (see s 83 (3)).

Note 2     A village rule has no effect to the extent that it is inconsistent with this Act or another territory law (see s 79).

Note 3     Application may be made to the ACAT for an order about the legal validity of a village rule in force in the village (see s 86).

523     Priority of interests created before commencement day

    (1)     This section applies to an entitlement mentioned in section 247 (c) (Priority of interests) for which a charge was created before the commencement day.

    (2)     The entitlement does not have priority over an entitlement mentioned in section 247 (ca).

524     Expiry—pt 21

This part expires 12 months after the commencement day.

Note     Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).



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