Fair Trading Act 1987 Retirement Village Industry Code of Practice Amendment Regulation 1998 (1998-477) [GG No 123 of 21.8.1998, p 6254] (NSW)

Case

1998 No 477

New South Wales

Retirement Village Industry Code of

Practice Amendment Regulation 1998

under the

Fair Trading Act 1987

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Fair Trading Act 1987.

J W Shaw QC MLC

Minister for Fair Trading

Explanatory note

The object of this Regulation is to consequentially amend the Retirement Village Industry Code of Practice Regulation 1995 to reflect amendments made to the Retirement Villages Act 1989 by the Retirement Villages Amendment Act 1998 in relation to the following:

( a )

confirming that the Code will continue to apply to a retired person who is a resident in a complex that was a retirement village when the resident entered into his or her residence contract even when the retirement village is no longer predominantly or exclusively occupied by retired persons,

( b )

clarifying the description of the procedure for applications to the Residential Tenancies Tribunal regarding disputes arising from the proposed annual budget of a retirement village.

This Regulation is made under the Fair Trading Act 1987, including sections

75A and 92 (the general regulation-making power).

Published in Gazette No 123 of 21 August 1998, page 6254 Page 1

1998 No 477

Clause 1 Retirement Village Industry Code of Practice Amendment Regulation 1998

Retirement Village Industry Code of Practice

Amendment Regulation 1998

1 Name of Regulation

This Regulation is the Retirement Village Industry Code of

Practice Amendment Regulation 1998.

2 Commencement

This Regulation commences on 1 September 1998.

  1. Amendment of Retirement Village Industry Code of Practice Regulation 1995

    The Retirement Village Industry Code of Practice Regulation

    1995 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Schedule 1 Amendments

(Clause 3)

  1. Clause 4 Application

    Insert after clause 4 (3):

(4) This Code applies to a resident who is a retired person and who, under a residence contract, continues to occupy residential premises in a complex that was a retirement village when the resident entered into the residence contract, and also applies to suppliers, consumers and management involved in the retirement retirement village industry in relation to that resident.
  1. Clause 46 Appeal mechanism to the Residential Tenancies Tribunal

    Insert “ , about a proposed budget" after "transfer" wherever occurring in clauses 46 (2) and (3) .

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