Fair Trading Act 1987—Retirement Village Industry (NSW)

New South Wales

FAIR TRADING ACT 1987—RETIREMENT VILLAGE INDUSTRY

CODE OF PRACTICE AMENDMENT REGULATION 1998

ERRATUM

The Retirement Village Industry Code of Practice Amendment Regulation

1998, which was published in the Government Gazette of 21 August 1998,

Gazette No 123 on pages 6254-6255, was published in error.

The Regulation is now republished and replaces the earlier Regulation.

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.

JEFFREY SHAW. Q.C., M.L.C.,
Minister for Fair Trading

The object of this Regulation is to consequentially amend the Retirement

Village Industry Code o f 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:

Published in Gazette No 130 of 4 September 1998, page 7246 Page 1

Retirement Village Industry Code of Practice Amendment Regulation 1998

Explanatory note

(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.

In accordance with section 75A (3) (b) of the Fair Trading Act 1987, the Director-General has certified in writing that the amendments are of a minor or inconsequential nature and that compliance with section 74 of that Act is not required.

This Regulation is made under the Fair Trading Act 1987, including section
92 (the general regulation-making power).

Retirement Village Industry Code of Practice Amendment Regulation 1998	Clause 1
Name of Regulation

This Regulation is the Retirement Village Industry Code of

Practice Amendment Regulation 1998.

Amendment of Retirement Village Industry Code of Practice

Regulation 1995

The Retirement Village Industry Code of Practice Regulation

1995 is amended a s set out in Schedule 1.

The explanatory note does not form part of this Regulation.

Schedule 1

(Clause 2)

[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 village industry in relation to that resident.

[2]        Clause 46 Appeal mechanism to the Residential Tenancies Tribunal

Insert “, about a proposed budget" after "transfer" wherever

occurring in clauses 46 (2) (2) and (3).