Retirement Villages Act 2012 (ACT)
Retirement Villages Act 2012
A2012-38
Republication No 24
Effective: 1 November 2025
Republication date: 1 November 2025
Last amendment made by A2025‑22
About this republication
The republished law
This is a republication of the Retirement Villages Act 2012 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Retirement Villages Act 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
Part 2 Objects and important concepts
6 Objects of Act 4
7 Meaning of operator 4
8 Meaning of residence right 6
9 Meaning of sale, sale price and contract for the sale of residential premises 7
10 Meaning of retirement village 7
11 Meaning of ingoing contribution 8
12 Meaning of registered interest holder and registered long-term sublessee 9
13 Meaning of capital gain 10
14 Meaning of permanently vacated residential premises 11
15 Consent of residents 11
15A Application to residents and operators of former retirement villages 12
Part 3 Representations and information about retirement villages
16 Advertising or promoting village before development approval given 14
17 Advertising without approval for facilities 15
18 Exceptions to prohibitions on advertising 15
19 Representation that complex is retirement village 16
20 Giving information inconsistent with disclosure statement 16
21 Information about services and facilities 17
22 Making certain representations—promotional material 18
22A Making certain representations—aged care services 19
23 General inquiry document 20
24 Disclosure statement 20
25 Failure to attach disclosure statement to village contract 21
26 Entering into village contract less than 14 days after giving disclosure statement 22
27 Orders for provision of general inquiry document or disclosure statement 22
28 Information to be given to prospective residents 22
29 Copies of certain documents to be made available 23
30 Certain documents to be given on request 25
31 Orders for documents 25
Part 4 Entry into retirement villages
32 Definitions—pt 4 26
33 Requesting or accepting waiting list fees 26
34 Repayment of waiting list fees—prospective resident enters village contract 27
35 Repayment of waiting list fees—prospective resident does not enter village contract 28
36 Orders for repayment of waiting list fees 28
37 Requesting or accepting holding deposit 28
38 Failure to keep deposits in trust 29
39 Repaying etc holding deposits and ingoing contributions 30
40 Orders for repayment of holding deposits and ingoing contributions 32
Part 5 Village contracts
Division 5.1 General
41 Resident to enter village contract 33
42 Retirement village land to be registered under Land Titles Act 34
43 Operator must give copy of retirement village notice 35
44 Application to remove retirement village notice from land titles register 35
45 Inconsistency between village contract and disclosure statement 36
46 Village contracts must be in writing 36
47 Operator must allow time for reading of village contract 37
48 No restriction on right to obtain independent advice 37
49 Amendment or replacement of village contract 38
50 Failure to obtain certificate for amendment or replacement of village contract 39
51 Costs of obtaining certificate 39
52 Costs of preparation of village contracts 40
53 Cooling-off period 41
54 Rescission of village contract on grounds relating to disclosure statement 42
55 Effect of rescission notice 43
56 Consequences of resident’s rescission of service contract 43
57 Consequences of resident’s rescission of residence contract 44
58 Consequence of resident’s rescission of other village contract 46
59 Condition report for certain residential premises 47
60 Operator to give resident or prospective resident copy of village contract 48
61 Contractual rights of residents against new operator 49
62 New operator to convene meeting of residents 49
63 Renovations and alteration of fixtures or fittings 50
64 Renovations and alteration of fixtures or fittings—ACAT orders 51
65 Renovations and alteration of fixtures or fittings—limitation of s 63 and s 64 52
66 Prescribed matters in village contracts 52
67 Standard form of village contract 52
68 Effect of noncompliance with standard form contract 53
69 Provision for payment of ingoing contributions 54
70 Parties to minimise loss from breach of village contract 54
Division 5.2 Settling-in period for residents
71 Meaning of end of the settling-in period—div 5.2 54
72 Ending of village contract during settling-in period 55
73 Liability of former occupant if village contract ended during settling-in period 55
74 Operator to refund certain payments made by resident 56
75 Time for making of payments 56
76 Former occupant not required to pay certain amounts 58
Part 6 General management of retirement villages
Division 6.1 Village rules
77 Application—div 6.1 59
77A Meaning of resident—pt 6 59
78 Subject-matter of village rules 59
79 Village rules to be consistent with other laws 60
80 Model village rules 60
81 Operator may make village rules for new villages 60
82 Villages without rules 60
83 Proposed amendment of village rules 61
84 Operator’s objection to proposed amendment of village rules 62
85 Operator’s concern that amendment will impose additional cost 63
86 Other applications to ACAT about village rules 64
87 Compliance with village rules 64
88 Compliance with village rules by people other than operator and residents 65
Division 6.2 Certain obligations of operators
89 Certain people not to be operators 65
90 Operator to provide secure premises 67
91 Operator to provide safe premises 67
92 Operator to provide village emergency system on request 69
93 Failure to provide emergency and home care service vehicles access to retirement village 70
94 Change in services or facilities provided at village 70
95 Operator not to reduce or withdraw certain services and facilities 72
96 Consequence of unlawful change in services or facilities 72
97 Operator not to require residents to patronise particular businesses 73
98 Operator not to demand power of attorney 74
Division 6.3 Certain rights of residents
99 Operator to respect rights of residents 74
100 Restriction of operator’s access to residential premises 76
101 Right to appoint agent 77
102 Residents to be given access to information about them 78
103 Residents committees and organisations 79
104 Membership of residents committee 80
105 Regulations about residents committees 81
106 Meetings between residents committee and operator 81
107 Operator must hold annual management meeting 82
108 Operator must give notice of annual management meeting 82
109 Annual management meeting—chair 83
110 Questions to be answered at annual management meeting 83
110A Operator must keep minutes of meetings with residents 84
111 Villages without residents committee 85
112 Meetings of residents 85
112A Meetings of residents—methods of communication 87
113 Attendance at meetings of residents 87
114 Meetings of residents—attendance by investigator 88
115 No restrictions on voting 89
116 Proxies 89
117 Certain limitations on proxies 90
118 Effect of certain votes 91
119 Notice of intention to vacate 91
Division 6.4 Right of certain relatives to become residents
120 Relative may ask to enter into residence contract 92
121 Application to ACAT by relative of resident 92
122 Application to ACAT by operator in relation to possession of premises by relative of resident 93
123 Application to ACAT by operator in relation to possession of premises by other person 94
Division 6.5 Certain obligations of residents
124 Residents to respect rights of other people 94
Division 6.6 Administrators, receivers and managers
125 Application for order appointing administrator 95
126 No application without consent 96
127 Order may exempt administrator from certain obligations 96
128 Effect of appointment 96
129 Expenses of administration 97
130 Administrator may amend village contract 97
131 Revocation of appointment 98
132 Receivers and managers 98
133 Protection from liability—administrator, receiver or receiver and manager 98
Part 7 Financial management of retirement villages
Division 7.1 Preliminary
133A Meaning of resident—pt 7 99
134 Financial year for retirement village 99
Division 7.2 Capital maintenance and replacement
135 Definitions—div 7.2 99
136 Meaning of urgent—div 7.2 101
136A Capital maintenance and replacement guidelines 102
137 Operator’s obligations—capital maintenance or replacement 102
138 Residents’ obligations—capital maintenance or replacement 103
139 Resident may carry out urgent work 103
140 ACAT may make orders for capital maintenance and replacement 104
141 Funding of certain capital maintenance and capital replacement 104
142 Capital maintenance to be included in proposed annual budget 105
143 Capital works fund 106
144 Misuse capital works fund amounts 106
145 Retirement village to be insured 107
146 Sale of capital items to residents 108
Division 7.3 Recurrent charges
147 Operator to pay certain recurrent charges 109
148 Amendment of recurrent charges 109
149 Recurrent charges amended by fixed formula 110
150 Recurrent charges amended otherwise than by fixed formula 111
152 Amending certain recurrent charges otherwise than in accordance with Act 112
153 Residents consent to amendment 113
154 ACAT orders—recurrent charges 114
155 ACAT orders—refund of recurrent charges 115
156 Failure to give receipt for payment of recurrent charges 115
157 Reduction of recurrent charges in certain circumstances 116
Division 7.4 Proposed and approved annual budgets
158 Meaning of proposed annual budget—div 7.4 117
159 Proposed annual budget 117
160 Residents may consent to not receiving proposed annual budget 119
161 ACAT order—proposed annual budget 120
162 Residents’ consent to spending 120
163 ACAT orders—decisions about spending 122
164 Proposed annual budget may provide for contingencies 124
165 Spending to be in accordance with approved annual budget 124
166 Spending otherwise than in accordance with approved annual budget 124
167 Amendment of approved annual budget 126
Division 7.5 Annual accounts
168 Auditing of accounts 127
169 Copies of annual accounts to be given to residents 128
170 Accounts need not be audited in certain circumstances 131
171 Quarterly accounts need not be given to residents in certain circumstances 132
Division 7.6 Surplus or deficit of accounts
173 Any surplus to be carried over 132
174 Making good of deficit 133
Part 8 Disputes
Division 8.1 Preliminary
174A Meaning of resident—pt 8 135
175 Other options for dispute resolution 135
Division 8.1A Dispute resolution—disputes committee
175A Disputes committee 135
175B Dispute between operator and resident—notice to dispute committee 136
175C Disputes committee—decision 136
175D Costs of dispute resolution 137
Division 8.2 Dispute resolution—ACAT
176 Dispute between operator and resident—application to ACAT 137
177 ACAT jurisdiction 138
178 Informal resolution of dispute 138
Division 8.3 The ACAT
180 No monetary limit on jurisdiction of ACAT 139
181 ACAT orders 139
Part 9 Ending residence contracts
Division 9.1 General principles about ending residence contracts
182 How and when residence right or contract ends 141
183 ACAT cannot end certain residence contracts 142
184 Notice of intention to seek ending of contract 143
185 Ending of residence contract if premises uninhabitable etc 143
186 Ending of residence contract if premises uninhabitable etc—application to ACAT 144
Division 9.2 Ending of residence contract by ACAT on application of either operator or resident
187 Ending of residence contract on medical grounds 145
188 Ending of residence contract on grounds of breach of village contract or rules 146
Division 9.3 Ending of residence contract by ACAT on application of operator
189 Ending of residence contract on grounds of resident causing serious damage or injury 147
190 Ending of residence contract on grounds of upgrade or change of use 148
Division 9.4 Ending of residence contract by Supreme Court on application of administrator
191 Ending of residence contract on grounds of retirement village ceasing to operate 150
Division 9.5 Suspension or refusal of orders for ending of residence contract
192 ACAT may suspend or refuse to make order ending residence contract 151
Division 9.6 Recovery of possession of premises
193 Prohibition on certain recovery proceedings in courts 152
194 Person not to recover possession of premises except by order 152
195 Enforcement of orders for possession 153
196 Liability of resident remaining in possession 153
Division 9.7 Abandonment of premises
197 Application—div 9.7 154
198 Abandoned premises 154
199 Right of operator to compensation where resident abandons premises 154
Division 9.8 Uncollected goods
200 Application—div 9.8 155
201Uncollected Goods Act does not apply 155
202 Delivery of uncollected goods 155
203 Disposal of uncollected goods 156
204 Title to sold goods 156
205 Sale of uncollected goods in contravention of this Act 157
206 Protection from liability—operator 157
Part 10 Matters relating to vacation of premises
Division 10.1 Preliminary
207 Meaning of permanently vacated residential premises—pt 10 158
208 Meaning of sale of residential premises—pt 10 158
Division 10.2 Recurrent charges
209 Recurrent charges for optional services 159
210 Recurrent charges for general services—registered interest holders 160
211 Recurrent charges for general services—generally 162
212 Time of payment of recurrent charges 163
213 Interest on recurrent charges 164
Division 10.3 Departure fees
214 Meaning of departure fee 164
215 Meaning of village contract—div 10.3 165
216 Payment of departure fee 165
217 Departure fees payable 165
Division 10.4 Repair and refurbishment of residential premises
218 Meaning of refurbishment—div 10.4 166
219 Condition of premises on ending of residence contract 166
220 No refurbishment required 167
Division 10.5 Sale or letting of premises by certain residents
221 Application—div 10.5 167
221A Meaning of resident—div 10.5 167
222 Options 168
223 Sale of premises 168
224 Operator not to interfere in sale 170
225 Costs of sale 170
226 Buyer and operator to enter contract 171
227 Seller’s application to ACAT concerning proposed buyer 172
228 ACAT decision in relation to proposed buyer 172
229 Letting or subletting of premises 173
230 ACAT decision in relation to proposed tenant or subtenant 175
231 Effect of granting of residential tenancy agreement under this division 176
232 Operator not to interfere in letting 176
233 No assignment or subletting 177
234 Legal ability to sublet 177
Division 10.6 Payments to former occupants
235 Payments to former occupants who were registered interest holders 178
236 Statements to former occupants who were registered interest holders 179
237 ACAT order—recalculation of amount under s 235 180
238 Payments to former occupants who were not registered interest holders 181
238A Statements to former occupants who were not registered interest holders 183
239 ACAT order—recalculation of payment under s 238 184
240 Payments to executors and administrators 185
Part 11 Protection of ingoing contributions paid by residents other than registered interest holders
241 Application—pt 11 187
242 Creation of charge 187
243 Disposal of land subject to charge 188
244 Effect of charge on successors in title 188
245 Application for enforcement of charge 188
246 Order for enforcement of charge 189
247 Priority of interests 190
248 Order not to disadvantage residents 191
249 Removal of charge 191
Part 12 Administration
250 Meaning of judicial body—pt 12 192
251 Functions of director‑general 192
252 Director‑general may issue warning notices 193
253 Director‑general may conduct proceedings 194
254 Conduct of proceedings by director‑general 194
255 Intervention by director‑general 195
256 Protection from liability 195
Part 13 Miscellaneous
257 Charging monetary penalty imposed on operator to village operating costs 196
258 Charging for certain information 196
259 Inconsistency between this Act and Civil Law (Sale of Residential Property) Act 197
260 Costs of operator’s legal advice or proceeding 197
261 Contracting out of Act 198
261A Meetings of operators—methods of communication 198
262 Determination of fees 199
263 Approved forms 200
264 Regulation-making power 200
Schedule 1 Consent of residents 201
Part 1.1 Preliminary 201
1.1 Entitlement to vote 201
Part 1.2 Consent generally 201
1.2 Vote to be taken 201
1.3 Method of voting 201
1.4 Result of vote 202
Part 1.3 Consent requiring special resolution 202
1.5 Written ballot required for special resolution 202
1.6 How special resolution is carried 202
Dictionary203
Endnotes
1 About the endnotes 211
2 Abbreviation key 211
3 Legislation history 212
4 Amendment history 216
5 Earlier republications 232
6 Expired transitional or validating provisions 235
Retirement Villages Act 2012
An Act to regulate retirement villages, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Retirement Villages Act 2012.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘development approval—see the Planning Act 2023, dictionary.’ means that the term ‘development approval’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Objects and important concepts
Objects of Act
The objects of this Act are to
—(a)set out particular rights and obligations of residents and operators of retirement villages; and
(b)facilitate the disclosure of information to prospective residents of retirement villages; and
(c)require contracts between residents and operators of retirement villages to contain full details of the rights and obligations of the parties; and
(d)facilitate participation by residents, who want to be involved, in the management of retirement villages; and
(e)establish appropriate mechanisms for resolving certain disputes between residents and operators of retirement villages; and
(f)encourage the retirement village industry to adopt best practice management standards.
Meaning of operator
(1)In this Act:
operator, of a retirement village—
(a)means the person who, alone or with someone else, manages or controls the retirement village; and
(b)includes—
(i)a person for the time being managing or controlling the retirement village; and
(ii)a person (other than a resident or other person mentioned in section 8 (Meaning of residence right) who owns land in the village; and
(iii)a person mentioned in section 15A (1) (d) (Application to residents and operators of former retirement villages); and
(iv)any other person prescribed by regulation; but
NotePower to make a regulation in relation to a matter includes power to make provision in relation to a class of matter (see Legislation Act, s 48 (2)).
(c)does not include—
(i)the body corporate of a community title scheme or the owners corporation for a units plan; or
(ii)the managing agent of a community title scheme or units plan; or
(iii)any person excluded from this definition by regulation.
(2)If there is more than 1 operator for a retirement village, it is sufficient compliance with a requirement of this Act if—
(a)any of the operators exercises the functions of an operator under this Act; and
(b)any notice or other document required to be given to the operator under this Act is given to any of the operators.
Note 1A 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).
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
(3)In this section:
body corporate, of a community title scheme—see the Community Title Act 2001, dictionary.
Meaning of residence right
(1)In this Act:
residence right, in relation to residential premises in a retirement village, means—
(a)a person’s right to occupy the residential premises under a contract—
(i)under which the person bought the residential premises; or
(ii)under which the person bought shares entitling the person to occupy the residential premises; or
(iii)in the form of a lease, licence, arrangement or agreement of any kind (other than a residential tenancy agreement)—
(A)entered into under division 10.5 (Sale or letting of premises by certain residents); or
(B)that contains a term to the effect that this Act does not apply to the residential premises; or
(iv)under which the person lends money to the operator of the village in consideration for, or in expectation of, the right to occupy the residential premises; or
(v)prescribed by regulation; or
(b)any other right prescribed by regulation.
NoteThe contract that gives rise to a residence right is a residence contract, and a residence contract is a village contract (see dict).
(2)For the definition of residence right, it does not matter if the person who acquired the right (the acquirer)—
(a)is a corporation, if the residential premises is intended for use by an individual; or
(b)acquires it for the purposes of allowing another person to live in the residential premises instead of the acquirer.
(3)If subsection (2) applies, a retired person who lives in the residential premises with the acquirer’s consent is taken to have the residence right.
Meaning of sale, sale price and contract for the sale of residential premises
In this Act, a reference to the sale, the sale price, or a contract for the sale, of residential premises in a retirement village that was or is to be occupied under a company title scheme is a reference to the sale, the sale price, or a contract for the sale, of the residence right in relation to the residential premises.
Meaning of retirement village
(1)In this Act:
retirement village—
(a)means a complex containing residential premises that are—
(i)predominantly or exclusively occupied, or intended to be predominantly or exclusively occupied, by retired people who have entered into village contracts with an operator of the complex; or
(ii)prescribed by regulation; but
(b)does not include any of the following:
(i)a residential care home provided by a registered provider;
(ii)a mobile home park;
(iii)residential premises that are the subject of a residential tenancy agreement to which the housing commissioner is a party;
(iv)a boarding house;
(v)accommodation provided in a complex for employees of the complex who are not residents of the retirement village;
(vi)residential premises that are the subject of a residential tenancy agreement—
(A)to which the operator of a retirement village is a party; and
(B)that contains a term to the effect that this Act does not apply to the premises;
(vii)any other place prescribed by regulation.
(2)In this section:
mobile home park—see the Residential Tenancies Act 1997, dictionary.
Meaning of ingoing contribution
In this Act:
ingoing contribution—
(a)means—
(i)an amount payable by or on behalf of a person to the operator of a retirement village under a residence contract; or
(ii)any other amount paid by or on behalf of a person to the operator of a retirement village in consideration for, or in expectation of, the person or someone else becoming a resident of the village; but
(b)does not include the following:
(i)a waiting list fee;
(ii)a recurrent charge;
(iii)if the resident is the registered proprietor of a lease, the owner of a unit in a units plan or the owner of a lot in a community title scheme where the residential premises are located—the purchase price of the land or lot;
(iv)if the person owns shares in a company title scheme that give rise to a residence right in relation to the residential premises—the purchase price of the shares;
(v)a payment prescribed by regulation.
NotePower to make a regulation in relation to a matter includes power to make provision in relation to a class of matter (see Legislation Act, s 48 (2)).
Meaning of registered interest holder and registered long-term sublessee
(1)In this Act:
registered interest holder—a person is a registered interest holder in relation to residential premises in a retirement village if—
(a)the person—
(i)is 1 of the following:
(A)the registered proprietor of land in the retirement village;
(B)the owner of a unit in a units plan in the retirement village;
(C)the owner of a lot in a community title scheme in the retirement village; and
(ii)has a residence right in relation to residential premises in the retirement village; or
(b)the person owns shares in a company title scheme that give rise to a residence right in relation to residential premises in the retirement village; or
(c)the person is a registered long-term sublessee.
registered long-term sublessee, of residential premises in a retirement village, means a person whose residence contract is in the form of a registered long‑term sublease if—
(a)the sublease includes a provision that entitles the person to at least 50% of any capital gain; or
(b)the person is otherwise entitled under a contract, an agreement or other arrangement to at least 50% of any capital gain.
(2)In this section:
registered long-term sublease means a sublease (however described) registered under the Land Titles Act 1925 that—
(a)has a term of at least 50 years (including any option to renew); or
(b)is for the life of the lessee.
Meaning of capital gain
(1)In this Act:
capital gain, in relation to a resident’s entitlement under a residence contract or the sharing of a capital gain under a village contract between the operator and a resident—
(a)means any increase between the amount the resident paid for the residence right for the residential premises and the amount that the next resident pays for a residence right for the same premises; but
(b)does not include any costs associated with the subsequent sale or lease of the premises.
(2)The amount of fees and charges payable under a village contract are not to be included in working out the amount of a capital gain.
Meaning of permanently vacated residential premises
(1)For this Act, a person has permanently vacated residential premises in a retirement village when—
(a)vacant possession of the person’s residential premises is delivered up to the operator of the village by or on behalf of the person following the person’s vacation of the premises; or
(b)the executor or administrator of the person’s estate delivers up vacant possession of the person’s residential premises to the operator of the village following the person’s death; or
(c)the ACAT makes an order under section 198 (Abandoned premises) declaring that the person’s residential premises were abandoned by the person; or
(d)if the person is a registered interest holder in relation to residential premises or is taken to be a resident of the premises under section 8 (3) (Meaning of residence right)—the person dies or moves out of the premises.
(2)For subsection (1) (c), the person is taken to have permanently vacated the residential premises on the day stated in the order.
Consent of residents
(1)The residents of a retirement village may consent to a proposed measure or action relating to the village under this Act in the way set out in schedule 1 (Consent of residents).
NoteA 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 residents or operator of the retirement village may apply to the ACAT for an order about the validity of the consent if the residents or operator considers that—
(a)the residents consent in relation to a particular matter has been obtained otherwise than as set out in schedule 1; or
(b)the residents votes were inaccurately counted.
(3)On application, the ACAT may make an order—
(a)declaring that the consent was validly obtained; or
(b)setting aside the purported consent and directing that the residents vote again on the proposed measure or action.
15AApplication to residents and operators of former retirement villages
(1)This Act applies to the following people in relation to the occupation of a former retirement village even though the former retirement village is no longer a retirement village:
(a)a retired person who continues to occupy residential premises in a former retirement village that was a retirement village when the retired person took up residence in the premises;
(b)a retired person who has a right to occupy residential premises in a former retirement village that was a retirement village when the right was obtained;
(c)a former occupant of a former retirement village who continues to have rights or liabilities under the contract, agreement or arrangement under which the occupant occupied (or had the right to occupy) the residential premises in the former retirement village when it was a retirement village;
(d)the person who is the other party to the contract, agreement or arrangement under which the retired person occupies or occupied (or has or had the right to occupy) the residential premises in the former retirement village.
NoteOperator
includes a person mentioned in s (1) (d) (see s 7).
Residentincludes a person mentioned in s (1) (a), (b) or (c) (see dict).
(2)However, this Act does not apply in relation to a place mentioned in section 10 (1) (Meaning of retirement village), definition of retirement village, paragraph (b).
(3)In this section:
former retirement village means a complex that was previously, but is no longer, a retirement village.
Part 3Representations and information about retirement villages
Advertising or promoting village before development approval given
(1)A person commits an offence if—
(a)the person—
(i)advertises, or otherwise promotes, a retirement village; or
(ii)advertises the sale of residential premises, or the right to occupy residential premises, in a retirement village; and
(b)the development of the retirement village requires development approval; and
(c)development approval has not been received for the development of the retirement village; and
(d)the advertisement or other promotion mentioned in paragraph (a) (i) or (ii) does not disclose to a prospective resident that development approval has not been received for development of the retirement village.
Maximum penalty: 50 penalty units.
NoteSee the Planning Act 2023, ch 7 for when development approval is required for certain developments.
(2)A person commits an offence if—
(a)the person enters into a village contract for a retirement village with a prospective resident; and
(b)the development of the retirement village requires development approval; and
(c)development approval has not been received for the development of the retirement village.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
Advertising without approval for facilities
(1)The operator of a retirement village commits an offence if the operator—
(a)advertises or otherwise represents that a residential care home is, or will be, associated with the village; and
(b)has not received all the authorisations required by law for the residential care home.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
operator, of a retirement village, includes a person intending to carry out development of a retirement village.
Exceptions to prohibitions on advertising
Section 16 and section 17 do not apply to a person if the person—
(a)carries out market surveys in relation to a proposed retirement village before the person receives development approval for the development; or
(b)carries out market surveys in relation to a proposed residential care home in connection with a retirement village before the person receives all the authorisations required by law for the facility; or
(c)gives public notice of, or otherwise advertises, a development application relating to a proposed retirement village or a proposed residential care home in accordance with the Planning Act 2023.
NoteThe defendant has an evidential burden in relation to the matters mentioned in this section (see Criminal Code, s 58).
Representation that complex is retirement village
(1)A person commits an offence if—
(a)the person manages or controls a complex containing residential premises; and
(b)the person represents that the complex is a retirement village; and
(c)the complex is not a retirement village.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Giving information inconsistent with disclosure statement
(1)The operator of a retirement village commits an offence if—
(a)the operator gives information about the village to a prospective resident of the village; and
(b)the information is inconsistent with information in the disclosure statement for the village given to the prospective resident.
Maximum penalty: 50 penalty units.
NoteSee s 24 for what must be included in a disclosure statement for a retirement village.
(2)An offence against this section is a strict liability offence.
Information about services and facilities
(1)The operator of a retirement village commits an offence if—
(a)the operator tells a prospective resident of the village that—
(i)a service is provided for residents at the village; or
(ii)a facility is available at the village; or
(iii)a service or facility is associated with the village; and
(b)the service or facility is not provided or available at, or associated with, the village.
Maximum penalty: 50 penalty units.
(2)The operator of a retirement village commits an offence if—
(a)the operator tells a prospective resident of the village that a service or facility is to be provided to, or made available by the operator at, the village or to the residents in the future; and
(b)the operator enters into a village contract with the prospective resident; and
(c)the village contract does not state—
(i)that the service or facility is to be provided to, or made available by the operator at, the village or to the residents; or
(ii)the day by when the service or facility is to be provided or made available.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
(4)A resident of a retirement village may apply to the ACAT for an order directing the operator of the village to pay compensation to the resident if a service or facility mentioned in the resident’s village contract is not provided or made available—
(a)by the date stated in the contract; or
(b)if the contract does not state a date—within a reasonable time.
Making certain representations—promotional material
(1)The operator of a retirement village commits an offence if—
(a)the operator publishes or distributes written promotional material about the village; and
(b)the material includes any of the following representations in relation to the village:
(i)that a person is likely to obtain a capital gain when the person vacates the village;
(ii)an estimation of possible amendments of future recurrent charges;
(iii)an estimation of the future size of the village;
(iv)a representation in relation to future ownership of the village.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
NoteAny advertising, and promotional and sales material, relating to a retirement village must also comply with the Fair Trading (Australian Consumer Law) Act 1992 and the Competition and Consumer Act 2010 (Cwlth).
(3)Subsection (1) (b) (ii) does not apply if the village contract provides for recurrent charges to be amended in accordance with a fixed formula.
(4)Subsection (1) (b) (iii) does not apply if the representation is made in relation to development where construction is underway and a completion date for the development is known.
(5)Subsection (1) (b) (iv) does not apply if, when the representation is made, a contract to transfer ownership of the retirement village has been entered into.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3), (4) and (5) (see Criminal Code, s 58).
(6)Promotional material to which subsection (5) applies may include details about the contract for the transfer of ownership of the retirement village.
22AMaking certain representations—aged care services
(1)The operator of a retirement village commits an offence if the operator makes an express or implied representation (whether oral or in writing) that—
(a)the village is a registered provider of a residential care home; or
(b)residents of the village have priority access to a residential care home provided by a registered provider.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
Note 1Any advertising, promotional or sales material relating to a retirement village must also comply with the Fair Trading (Australian Consumer Law) Act 1992 and the Competition and Consumer Act 2010 (Cwlth).
Note 2Section 10 (1), def retirement village, par (b) (i) excludes residential care homes from that definition.
(3)To remove any doubt, an operator does not make a representation for subsection (1) merely by giving an explanation or statement of—
(a)how the services of the retirement village differ from residential care services given to a prospective resident under section 23 (General inquiry document) or section 24 (Disclosure statement); or
(b)the fact that a residential care home is associated with the village.
General inquiry document
(1)The operator of a retirement village must give a general inquiry document to a prospective resident within 14 days after the day the prospective resident—
(a)requests a copy of the document; or
(b)expresses an interest in the village.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(2)The general inquiry document must comply with any requirement prescribed by regulation.
Note 1Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
Note 2If a form is approved under s 263 for this provision, the form must be used.
Disclosure statement
(1)The operator of a retirement village must give a disclosure statement to a prospective resident within 14 days after the day the prospective resident—
(a)requests a copy of the document; or
(b)expresses an interest in particular premises in the village.
Maximum penalty: 20 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)The disclosure statement must comply with any requirement prescribed by regulation.
Note 1Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).
Note 2If a form is approved under s 263 for this provision, the form must be used.
Note 3For how documents may be given, see the Legislation Act, pt 19.5.
Failure to attach disclosure statement to village contract
(1)The operator of a retirement village commits an offence if the operator—
(a)enters into a village contract with a prospective resident; and
(b)fails to attach a copy of the disclosure statement to the village contract.
Maximum penalty: 10 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)In this section:
disclosure statement includes a disclosure statement amended in writing and signed by the prospective resident.
Entering into village contract less than 14 days after giving disclosure statement
(1)The operator of a retirement village commits an offence if the operator—
(a)gives a prospective resident of the retirement village a disclosure statement in relation to the village; and
(b)enters into a village contract with the prospective resident less than 14 days after giving the prospective resident the disclosure statement.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Orders for provision of general inquiry document or disclosure statement
(1)This section applies if the operator of a retirement village fails to give a copy of the general inquiry document or disclosure statement relating to the village to a prospective resident in accordance with this part.
NoteFail includes refuse (see Legislation Act, dict, pt 1).
(2)The prospective resident may apply to the ACAT for an order directing the operator to give the prospective resident a copy of the general inquiry document or disclosure statement.
Information to be given to prospective residents
(1)The director-general may approve the form and content of information that the operator of a retirement village must give to a prospective resident of the retirement village.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)Without limiting subsection (1), the information approved by the director-general may relate to any of the following:
(a)the retirement industry generally;
(b)the rights and responsibilities of residents of retirement villages;
(c)living in a unit of a units plan.
(4)The operator must give the approved information in the approved form to a prospective resident when, or before, the general inquiry document is given to the prospective resident.
(5)The operator commits an offence if the operator does not comply with subsection (4).
Maximum penalty: 10 penalty units.
(6)An offence against subsection (5) is a strict liability offence.
Copies of certain documents to be made available
(1)The operator of a retirement village must make available at the village or a place of business in the ACT, for inspection at all reasonable times by a prospective resident, copies of the following:
(a)a site plan for the village;
(b)plans showing the location, floor plan and significant dimensions of residential premises available in the village;
(c)the proposed annual budgets (if any) and the approved annual budgets for—
(i)each of the last 3 financial years of the village; and
(ii)the current financial year; and
(iii)the next financial year (if budgets in relation to that year are available);
(d)the accounts of the village, audited if required under division 7.5 (Annual accounts), for the last 3 financial years (excluding, during the first 4 months of a financial year, the immediately preceding financial year if the accounts for that year are not available);
(e)examples of all village contracts that an incoming resident may be required to enter into;
(f)the trust deed for any trust fund into which money paid by the residents is deposited;
(g)the village rules;
(h)the terms of the development approval, if any, for the village, if—
(i)construction of the village is not complete; or
(ii)it is a condition of the development approval that a particular service or facility be provided for the life of the village;
(i)if there is a capital works fund established for the village—statements of the balance in the fund as at the end of—
(i)each of the last 3 financial years of the village; and
(ii)the most recent quarter;
(j)if the operator is required to provide the residents with quarterly accounts—the most recent quarterly accounts of the income and expenditure of the village;
(k)any other documents relating to the village, and to retirement villages generally, prescribed by regulation.
Maximum penalty: 50 penalty units.
NoteSection 258 prohibits the operator of a retirement village from charging for making a document mentioned in s (1) available.
(2)An offence against subsection (1) is a strict liability offence.
(3)If the village has been in operation for 3 years or less, the documents mentioned in subsection (1) (c), (d) and (i) must relate to each financial year that the village has been in operation.
Certain documents to be given on request
(1)If a prospective resident of a retirement village asks the operator of the village to post or otherwise give the person a copy of a document mentioned in section 29 (1) (a) to (j), the operator must post or otherwise give a copy of the document to the prospective resident within 7 days after the prospective resident asks for it.
(2)The operator of the village commits an offence if the operator does not comply with subsection (1).
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Orders for documents
(1)This section applies if the operator of a retirement village does not—
(a)have the documents mentioned in section 29 (Copies of certain documents to be made available) available for inspection by a prospective resident of the village; or
(b)comply with a request under section 30 (Certain documents to be given on request).
(2)A prospective resident may apply to the ACAT for an order directing the operator to comply with section 29 or a request under section 30.
Part 4Entry into retirement villages
Definitions—pt 4
In this part:
holding deposit means money paid by or on behalf of a prospective resident to the operator of a retirement village in consideration for not offering particular residential premises in the village to any other person pending the prospective resident’s entering into a residence contract with the operator.
trustee means—
(a)the public trustee and guardian; or
(b)the lawyer for an operator of a retirement village; or
(c)a real estate agent; or
(d)a licensed trustee company under the Corporations Act, section 601RAA; or
(e)someone else prescribed by regulation.
waiting list fee, for a retirement village, means any amount paid to the operator of the village, other than—
(a)an ingoing contribution; or
(b)a holding deposit; or
(c)a payment under a village contract in relation to the village.
Requesting or accepting waiting list fees
(1)The operator of a retirement village commits an offence if the operator requests or accepts payment of a waiting list fee from a person.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)Subsection (1) does not apply if—
(a)the fee is not more than $200, or another amount prescribed by regulation; and
(b)the operator has a written policy setting out the way the waiting list operates; and
(c)the operator gives the person who pays the waiting list fee, when payment is made—
(i)a copy of the policy; and
(ii)a receipt for the payment.
NoteThe operator has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Repayment of waiting list fees—prospective resident enters village contract
(1)This section applies if—
(a)a waiting list fee for a retirement village was paid by or on behalf of a prospective resident; and
(b)the prospective resident later enters into a village contract in relation to the village.
(2)The operator of a retirement village must refund the waiting list fee to the person who paid the fee.
(3)Subsection (2) does not apply if—
(a)an ingoing contribution is payable in relation to the retirement village; and
(b)the operator deducts the waiting list fee from the ingoing contribution.
Repayment of waiting list fees—prospective resident does not enter village contract
(1)This section applies if—
(a)a waiting list fee for a retirement village was paid by or on behalf of a prospective resident; and
(b)the prospective resident does not later enter into a village contract in relation to the retirement village.
(2)The operator of the retirement village must refund the waiting list fee to the person who paid the fee within 14 days after the day the operator receives a written request from the person.
Orders for repayment of waiting list fees
(1)A person who paid a waiting list fee for a retirement village may apply to the ACAT for an order directing the operator of the retirement village to repay the fee.
(2)The ACAT may also, if the ACAT considers it appropriate, make an order for the payment of interest at a rate determined by the ACAT.
Requesting or accepting holding deposit
(1)The operator of a retirement village commits an offence if the operator requests or accepts payment of a holding deposit in relation to residential premises in the village occupied by a resident.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)Subsection (1) does not apply if the resident has given the operator written notice of the resident’s intention to vacate the residential premises.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Failure to keep deposits in trust
(1)The operator of a retirement village commits an offence if—
(a)the operator receives an amount as—
(i)a holding deposit; or
(ii)a deposit under a village contract; and
(b)fails to give the amount to a trustee to hold on trust.
Maximum penalty: 50 penalty units.
NoteFail includes refuse (see Legislation Act, dict, pt 1).
(2)An offence against subsection (1) is a strict liability offence.
(3)A receipt issued by a trustee in relation to an amount received under subsection (1) is evidence that a person has not contravened subsection (1).
(4)Subsection (1) does not apply in relation to an amount held by an operator of a retirement village if the operator is a body constituted or established—
(a)by an Act; or
(b)for a benevolent, philanthropic or patriotic purpose.
NoteA defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 58).
(5)Subsection (1) (a) (ii) does not apply in relation to a contract for the sale of residential premises if the contract provides for the way in which the deposit is to be held.
NoteA defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 58).
Repaying etc holding deposits and ingoing contributions
(1)An amount paid by a prospective resident to the operator of a retirement village as a holding deposit or ingoing contribution must be held in trust until—
(a)the prospective resident enters into a residence contract with the operator (whether in relation to the residential premises concerned or to other residential premises in the same village or another village); or
(b)the operator receives written notice that the prospective resident—
(i)does not intend to enter into a residence contract for a reason other than that mentioned in subparagraph (ii); or
(ii)does not intend to enter into a residence contract because the prospective resident has been approved for access for, and intends to enter into, a residential care home; or
(iii)has died.
(2)If the prospective resident enters into a residence contract with the operator, an amount paid under this section as a holding deposit may, if both parties agree, form part of the deposit under the contract.
(3)If the operator receives written notice under subsection (1) (b), the operator must refund the amount to the person lawfully entitled to it not later than 14 days after the operator receives the notice.
(4)However, for notice under subsection (1) (b) (i), the operator may keep an amount mentioned in subsection (5) if—
(a)the prospective resident and the operator have entered into a village contract; and
(b)the prospective resident gives the notice—
(i)after the end of the cooling-off period for the contract; and
(ii)before final payment is made under the contract; and
(iii)before the settling-in period for the contract begins.
NoteCooling-off period—see s 53 (5).
(5)For subsection (4), the amount is the reasonable costs incurred by the operator in relation to the residential premises for the period—
(a)starting on the day after the village contract in relation to the premises is entered into; and
(b)ending on the earliest of the following:
(i)14 days after the day the prospective resident gives notice under subsection (1) (b) (i);
(ii)the day the operator of the retirement village enters into a village contract with an incoming resident in relation to the premises;
(iii)the day the operator enters into a residential tenancy agreement with an incoming tenant in relation to the premises;
(iv)the day a person takes up residence in the premises with the operator’s consent.
Examples—reasonable costs
legal expenses, commissions, advertising and marketing costs, recurrent charges
(6)However, the amount mentioned in subsection (5) must not exceed—
(a)an amount prescribed by regulation; or
(b)if no amount is prescribed—$10 000.
(7)The operator may ask for evidence—
(a)for notice given under subsection (1) (b) (ii)—of the prospective resident’s intention; or
Examples
1statement from a hospital that the person is in hospital waiting for approval to access a residential care home
2evidence that the person has been approved for access for, and intends to enter into, a residential care home
(b)for notice given under subsection (1) (b) (iii)—that the prospective resident has died.
(8)An amount paid to the operator as a deposit under a village contract is to be held in trust until final payment is made under the contract.
(9)Subsection (8) does not apply in relation to a contract for the sale of residential premises if the contract provides for the way in which the deposit is to be held.
(10)In this section:
settling-in period, for a village contract, means the period worked out for the contract under section 71 (Meaning of end of the settling‑in period—div 5.2).
Orders for repayment of holding deposits and ingoing contributions
If the operator of a retirement village fails to refund an amount held on trust under section 39, the person lawfully entitled to it may apply to the ACAT for an order directing the operator to repay the amount.
NoteFail includes refuse (see Legislation Act, dict, pt 1).
Part 5Village contracts
Division 5.1 General
Resident to enter village contract
(1)The operator of a retirement village must not allow a prospective resident of the village to occupy residential premises in the village before the prospective resident enters into at least 1 of the following contracts (a relevant contract) with the operator in writing:
(a)a residence contract;
(b)a service contract.
Maximum penalty: 50 penalty units.
NoteA residence contract, a service contract and any other village contract may be contained in a single document.
(2)An offence against subsection (1) is a strict liability offence.
(3)However, a prospective resident may occupy residential premises in the village without entering into a relevant contract if—
(a)the prospective resident occupies the premises with a person who has entered into a relevant contract with the operator; or
(b)the prospective resident and the operator enter into a residential tenancy agreement to which this Act does not apply in relation to the premises.
(4)If the operator contravenes subsection (1), then (despite part 10 (Matters relating to vacation of premises))—
(a)the former occupant (if any) of the residential premises has no liability to pay any recurrent charges or departure fees relating to the premises in relation to any period after the day when the prospective resident occupies the premises; and
(b)the operator must, not later than 1 month after that day, pay—
(i)any refund of the former occupant’s ingoing contribution; and
(ii)any other amount that is required, under a village contract, to be paid to the former occupant.
(5)If a refund, in whole or in part, is not paid to a former occupant within the period required by subsection (4) (b)—
(a)the former occupant may apply to the ACAT for an order directing the operator to pay the refund; and
(b)interest is payable, at the prescribed rate, on and from the date that payment of the refund becomes overdue.
Retirement village land to be registered under Land Titles Act
(1)The operator of a retirement village must lodge a notice with the registrar-general for registration under the Land Titles Act 1925 that the land consisting of the retirement village (or land that is part of the retirement village) is used as a retirement village.
Maximum penalty: 50 penalty units.
Note 1The registrar-general must register an instrument lodged in registrable form (see Land Titles Act 1925, s 48 (1)).
Note 2If a form is approved under the Land Titles Act 1925, s 140 for a notice, the form must be used.
Note 3A fee may be determined under the Land Titles Act 1925, s 139 for this provision.
(2)An offence against subsection (1) is a strict liability offence.
(3)A notice under subsection (1) must be lodged with the registrar‑general before entering into a residence contract in relation to residential premises on the land.
(4)The operator must lodge with the registrar‑general a new notice under this section if any of the information in a notice registered under the Land Titles Act 1925 in relation to the retirement village is no longer accurate.
(5)Nothing in this section requires the operator to lodge a notice with the registrar-general before entering into a residence contract in relation to residential premises on land that is already the subject of a notice under this section.
Note 1If a form is approved under the Land Titles Act 1925, s 140 for this provision, the form must be used.
Note 2A fee may be determined under the Land Titles Act 1925, s 139 for this provision.
Operator must give copy of retirement village notice
The operator of a retirement village must give a copy of a notice under section 42 to—
(a)each person who that has a registered interest in the land to which the notice relates; and
(b)the residents committee (if any) of the retirement village.
Application to remove retirement village notice from land titles register
(1)A person may apply in writing to the registrar-general for a notice under section 42 to be removed from the land titles register.
Note 1If a form is approved under the Land Titles Act 1925, s 140 for this provision, the form must be used.
Note 2A fee may be determined under the Land Titles Act 1925, s 139 for this provision.
(2)The registrar-general must remove the notice from the register if satisfied that—
(a)there are no residential premises on the land to which the notice relates that are the subject of a village contract; and
(b)there are no amounts outstanding that are payable under a village contract relating to residential premises on the land to which the notice relates.
Inconsistency between village contract and disclosure statement
(1)This section applies if a provision in a village contract for residential premises in a retirement village is inconsistent, to the detriment of a resident of the village, with the information contained in the disclosure statement for the residential premises given to the resident.
(2)The village contract must be construed (as far as practicable) as if it included the information in the disclosure statement instead of the inconsistent term.
(3)Subsection (2) does not apply if the inconsistent term is a term of a standard form contract.
NoteStandard form contract—see s 67.
(4)If there is a dispute between a resident of a retirement village and the operator of the village about whether there is an inconsistency mentioned in subsection (1), the resident may apply to the ACAT for an order deciding the dispute.
(5)The order must state the way in which the contract must be construed.
Village contracts must be in writing
Despite any other territory law, a village contract is not enforceable by the operator of a retirement village against a resident of the village unless the contract is in writing.
Operator must allow time for reading of village contract
(1)The operator of a retirement village commits an offence if the operator enters into a village contract with a person earlier than 14 days after the day the person (or another person acting on behalf of that person) has been given a copy of the contract.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
No restriction on right to obtain independent advice
(1)The operator of a retirement village must not restrict a person from obtaining independent advice before entering into a village contract with the operator.
Maximum penalty: 10 penalty units.
(2)The operator of a retirement village must not require a resident or a prospective resident of the village to use the services of a lawyer or other adviser nominated by the operator.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
(4)If a resident or a prospective resident is required to use the services of a lawyer or other adviser in contravention of this section, the operator of the village is liable to pay to the resident or prospective resident the fees paid by the resident or prospective resident to the lawyer or other adviser for those services.
(5)If the operator does not, on request, pay the amount due to a resident or prospective resident under subsection (4), the resident or prospective resident may apply to the ACAT for an order directing the operator to pay the amount.
Amendment or replacement of village contract
(1)This section applies to the following actions:
(a)a purported amendment of a village contract;
(b)a purported ending of a village contract and entry into a new village contract with the same party in relation to the same residential premises.
(2)An action mentioned in subsection (1) has no effect (and the contract continues as in force before the purported amendment or ending) unless the resident who is a party to the contract obtains a written certificate under this section.
(3)The certificate must—
(a)be signed by a lawyer chosen by the resident; and
(b)include a statement to the effect that—
(i)the lawyer explained to the resident the effect of the proposed amendment of the contract (or the proposed new contract); and
(ii)the resident appeared to understand the explanation and to consent to the amendment (or to the new contract).
(4)Section 47 (Operator must allow time for reading of village contract) and section 48 (No restriction on right to obtain independent advice) apply in relation to an amendment of a contract as if the amendment were a new contract.
(5)This section does not apply if the resident requested the amendment or new contract.
Failure to obtain certificate for amendment or replacement of village contract
(1)The operator of a retirement village commits an offence if—
(a)the operator purports—
(i)to amend a village contract; or
(ii)to end a village contract and enter into a new village contract with the same party in relation to the same residential premises; and
(b)the resident who is a party to the contract has not obtained a certificate mentioned in section 49 (Amendment or replacement of village contract).
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)Subsection (1) does not apply if the resident requested the amendment or new contract.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Costs of obtaining certificate
(1)The reasonable costs of obtaining a certificate mentioned in section 49 (Amendment or replacement of village contract) are payable by the operator of a retirement village as if the operator, and not the resident, were the client of the lawyer engaged by the resident for the certificate.
(2)The operator is not required to pay the costs mentioned in subsection (1) until the resident has given the operator a copy of the account held by the resident for the costs.
(3)If the operator does not pay all the costs within 28 days after the day the operator is given a copy of the relevant account, the resident may apply to the ACAT for an order directing the operator to pay the amount.
(4)On application, the ACAT—
(a)may make the order sought; or
(b)may order the operator and the resident to pay the costs in the proportion the ACAT considers just in the circumstances.
Costs of preparation of village contracts
(1)Legal and other expenses incurred by the operator of a retirement village in relation to the preparation of a village contract for residential premises in a retirement village are payable by the operator and the resident in equal shares (except as provided by section 51).
(2)The resident is not required to pay the expenses mentioned in subsection (1) until the operator has given the resident a copy of the account held by the operator for the expenses.
(3)A regulation may prescribe a maximum amount payable by a resident under this section.
(4)If a regulation prescribes a maximum amount, any difference between the resident’s share of the amount incurred by the operator and the maximum amount prescribed is payable by the operator.
(5)If a residence contract is in the form of a sublease, the resident must pay—
(a)any duty payable on the sublease; and
(b)any registration fee payable under the Land Titles Act 1925 for the sublease.
(6)This section does not apply in relation to a contract for the sale of residential premises that are subject to a community title scheme, company title scheme or units plan.
(7)In this section:
preparation, of a village contract, includes the preparation of any agreement or contract that comprises the village contract.
Examples
loan agreement, other residence contract, services contract
Cooling-off period
(1)A resident of a retirement village may, within the cooling-off period for the resident’s village contract, rescind the contract by written notice given to—
(a)the other party to the contract; and
(b)if the operator is not the other party to the contract—the operator.
(2)A contract must not be completed until after the cooling-off period has expired.
(3)The cooling-off period under a residence contract is waived if the resident starts living in the residential premises to which the contract relates.
(4)This provision has effect despite any other territory law.
(5)In this section:
cooling-off period, for a village contract, means the period—
(a)starting immediately after midnight on—
(i)the day the resident receives a copy of the contract signed by the operator; or
(ii)for a contract that is, or includes, a residence contract in relation to which the operator is not the other party—the day the residence contract is entered into; and
(b)ending at midnight on the 7th business day after that day.
NoteFor when an operator must give a resident a copy of a signed village contract, see s 60 (1) and (2).
Rescission of village contract on grounds relating to disclosure statement
(1)This section applies if—
(a)a disclosure statement for residential premises in a retirement village is not given in accordance with this Act; or
(b)the information in the statement is false or misleading in a material particular.
(2)The person to whom (or on whose behalf) the disclosure statement was given or should have been given may, within 3 months after the day the residential premises in the retirement village are occupied, apply to the ACAT for an order allowing the person to rescind any village contract to which the person and the operator of the village are parties.
(3)The ACAT must not make an order under subsection (2) if it is satisfied that—
(a)the disclosure statement was provided in accordance with this Act; or
(b)the information in the disclosure statement is not false or misleading in a material particular; or
(c)the operator acted reasonably and honestly and should be excused for the failure to provide accurate information, or to provide the disclosure statement in accordance with this Act; or
(d)the person to whom (or on whose behalf) the disclosure statement was given or should have been given is in substantially as good a position as the person would have been had the failure not occurred.
(4)If the ACAT makes an order under subsection (2)—
(a)it may also order the operator to pay compensation to the applicant for the order; and
(b)the applicant may, by written notice to the operator, rescind the contract.
Effect of rescission notice
(1)A notice rescinding a village contract under this part (a rescission notice) takes effect on service of the notice.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(2)A village contract that is rescinded under this part is void.
(3)However, subsection (2) does not affect the rights and obligations set out in section 56, section 57 or section 58.
Consequences of resident’s rescission of service contract
(1)This section applies if—
(a)a resident of a retirement village serves a rescission notice in relation to the resident’s service contract; and
(b)the resident does not serve a rescission notice in relation to the residence contract.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(2)The resident and the operator of the village must attempt to renegotiate the service contract.
(3)If the operator and the resident cannot agree on the terms of the new service contract, the operator or the resident may apply to the ACAT for an order setting out the terms of the new contract.
(4)On application, the ACAT may—
(a)make the order sought; and
(b)if the ACAT considers it appropriate, order the operator and the resident to enter into a new contract on the terms set out in the order.
(5)Section 47 (Operator must allow time for reading of village contract) does not apply to a new service contract arising out of an order of the ACAT under this section.
Consequences of resident’s rescission of residence contract
(1)A rescission notice given by a resident of a retirement village in relation to a residence contract is taken also to apply to the service contract and any other village contract entered into by the resident.
(2)Each of the contracts mentioned in subsection (1) are void.
(3)As soon as practicable (but not later than 1 month) after a rescission notice that applies to a residence contract takes effect—
(a)the operator of the village must repay all money paid by or on behalf of the resident under the residence contract; and
(b)if the residence contract related to residential premises that are subject to a community title scheme, company title scheme or units plan and was rescinded under section 54 (Rescission of village contract on grounds relating to disclosure statement)—the resident must execute all instruments necessary to enable re‑registration of—
(i)for premises that are subject to a company title scheme—the shares; or
(ii)in any other case—title in the name of the operator under the rescinded contract.
(4)The ACAT may—
(a)on the application of the resident—order the operator to comply with subsection (3) (a); and
(b)on the application of the operator—order the resident to comply with subsection (3) (b).
(5)Any fees or costs associated with a rescission during the cooling-off period are to be paid by the party incurring them.
(6)Any fees or costs associated with a rescission at any other time (including registration fees) are payable by the operator, and the ACAT may, on the application of the resident, order the operator to make the payment.
(7)If subsection (3) (b) applies to the resident, the ACAT may only make an order under subsection (6) if the resident has complied with subsection (3) (b).
(8)The resident is not liable to make any payment to the operator in relation to the rescinded contract unless ordered to do so by the ACAT.
(9)Either party to a rescinded residence contract may make a claim to the ACAT for—
(a)if the resident has received the benefit of possession of the residential premises the subject of the rescinded contract—compensation, adjustment or accounting that is just and equitable between the parties; or
(b)damages, costs, or expenses arising out of a breach of any term, condition or warranty contained or implied in the contract (other than a term, condition or warranty mentioned in the Civil Law (Sale of Residential Property) Act 2003, section 11 (Certain conditions to be included in contract).
(10)The ACAT must not make an order under subsection (9) that affects another right or obligation under this section.
(11)This section has effect despite the Civil Law (Sale of Residential Property) Act 2003, section 12 to section 17.
NoteThe Civil Law (Sale of Residential Property) Act 2003, ss 12 to 17 (the conveyancing provisions) provide (among other things) for a cooling‑off period in relation to a contract for the sale of residential property (within the meaning of that Act) and allow the contract to be rescinded during that period. However, the rights and obligations of the parties under the conveyancing provisions differ from those under this section. The conveyancing provisions do not allow rescission after completion of the contract, and the buyer under the rescinded contract forfeits 0.25% of the purchase price to the seller.
(12)In this section:
cooling-off period—see section 53 (5).
(b)includes services prescribed by regulation.
Examples
laundry, meals, cleaning residential premises
owners corporation, for a units plan—see the Unit Titles (Management) Act 2011, dictionary.
permanently vacated, residential premises—
(a)for this Act generally—see section 14; and
(b)for part 10 (Matters relating to vacation of premises)—see section 207.
proposed annual budget, for a financial year of a retirement village, for division 7.4 (Proposed and approved annual budgets)—see section 158.
prospective resident, of a retirement village, means a person who indicates (or on whose behalf it is indicated) to the operator of the village that the person is or might be interested in becoming a resident of the village.
proxy, of a resident of a retirement village, means a person appointed by the resident for voting on the resident’s behalf at residents meetings.
quarterly accounts, for a quarter for a retirement village, means the accounts of the village’s income and spending for the quarter.
recurrent charge means an amount (including rent) payable under a village contract, on a recurrent basis, by a resident of a retirement village.
NoteLevies payable under a community title scheme or units plan are not recurrent charges (because they are not payable under a village contract).
refurbishment, of residential premises the subject of a residence contract, for division 10.4 (Repair and refurbishment of residential premises)—see section 218.
registered interest holder, in relation to residential premises in a retirement village—see section 12 (1).
registered long-term sublessee, of residential premises in a retirement village—see section 12 (1).
registered provider, of a residential care home, means the registered provider under the Aged Care Act 2024 (Cwlth).
relative, of a person, means the following:
(a)a grandparent, parent, sibling or child of the person;
(b)a grandparent, parent, sibling or child of the person by marriage;
(c)a step-grandparent, step-parent, step-brother, step-sister or step‑child of the person;
(d)an aunt or uncle of the person.
rescission notice—see section 55 (1).
residence contract means a contract that gives rise to a residence right.
residence right, of a person—see section 8.
resident, of a retirement village—
(a)means a retired person who has a residence right in relation to residential premises in the village; and
(b)includes the following people (each of whom is taken also to have a residence right in relation to the residential premises):
(i)the domestic partner of the retired person, if the domestic partner occupies the residential premises with the retired person;
(ii)a person prescribed by regulation;
(iii)a person mentioned in section 15A (1) (a), (b) or (c) (Application to residents and operators of former retirement villages);
(iv)for part 6 (General management of retirement villages)—see section 77A;
(v)for part 7 (Financial management of retirement villages)—see section 133A;
(vi)for part 8 (except division 8.1A)—see section 174A;
(vii)for division 10.5 (Sale or letting of premises by certain residents)—see section 221A.
residential care home means a residential care home under the Aged Care Act 2024 (Cwlth).
residential premises means premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence.
residential tenancy agreement—see the Residential Tenancies Act 1997, section 6A.
residents committee means a committee established under section 103.
retired person means a person who is 55 years old or older or has retired from full-time employment.
retirement village—see section 10.
sale, of residential premises occupied under a company title scheme—see section 9.
sale of residential premises, for part 10 (Matters relating to vacation of premises)—see section 208.
sale price, of residential premises occupied under a company title scheme—see section 9.
service contract means a contract under which general or optional services are provided to a resident of a retirement village.
services and facilities means services and facilities provided by or on behalf of an operator of a retirement village.
special resolution means a resolution under schedule 1, part 1.3.
standard form contract—see section 67.
standard term, in relation to a village contract, means a term in a standard form contract that applies to the village contract.
tenant means a person who has a right to occupy residential premises in a retirement village under a residential tenancy agreement
—(a)entered into under division 10.5 (Sale or letting of premises by certain residents); or
(b)that contains a term to the effect that this Act does not apply to the residential premises the subject of the agreement.
NoteA tenant is not a resident because a tenant does not have a residence right in relation to residential premises in a retirement village—see div 10.5.
termination notice—see section 185 (2).
trustee, for part 4 (Entry into retirement villages)—see section 32.
unit—see the Unit Titles Act 2001, section 9.
units plan—see the Unit Titles Act 2001, dictionary.
urgent, for division 7.2 (Capital maintenance and replacement)—see section 136.
village contract—
(a)for this Act generally—means any of the following:
(i)a residence contract;
(ii)a service contract;
(iii)a contract under which a resident of a retirement village obtains the right to use a garage or parking space, or a storage room, in the village;
(iv)a contract of a kind prescribed by regulation; and
NoteA residence contract, service contract and any other village contract may be contained in a single document.
(b)for division 10.3 (Departure fees)—see section 215.
village rules means the rules made under division 6.1 (Village rules).
waiting list fee, for a retirement village, for part 4 (Entry into retirement villages)—see section 32.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Retirement Villages Act 2012 A2012-38
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))
remainder commenced 4 March 2013 (s 2 and LA s 79)as amended by
Justice and Community Safety Legislation Amendment Act 2013 A2013‑7 sch 1 pt 1.7
notified LR 1 March 2013
s 1, s 2 commenced 1 March 2013 (LA s 75 (1))
sch 1 pt 1.7 commenced 4 March 2013 (s 2 and see Retirement Villages Act 2012 A2012-38, s 2 and LA s 79)as modified by
Retirement Villages Regulation 2013 SL2013‑5 s 60, sch 5 (as am by SL2013‑21 s 8, s 9)
notified LR 1 March 2013
s 1, s 2 commenced 1 March 2013 (LA s 75 (1))
s 60, sch 5 commenced 4 March 2013 (s 2 and see Retirement Villages Act 2012 A2012-38, s 2 and LA s 79)as amended by
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.34
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))sch 3 pt 3.34 commenced 14 June 2013 (s 2)
Retirement Villages Amendment Regulation 2013 (No 1) SL2013-21 s 8, s 9
notified LR 15 August 2013
s 1, s 2 commenced 15 August 2013 (LA s 75 (1))
s 8, s 9 commenced 16 August 2013 (s 2)NoteThis regulation only amends the Retirement Villages Regulation 2013 SL2013-5.
Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.21
notified LR 4 November 2013
s 1, s 2 commenced 4 November 2013 (LA s 75 (1))sch 2 pt 2.21 commenced 7 November 2013 (s 2 and CN2013-11)
NoteThe High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55)
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.18
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))sch 3 pt 3.18 commenced 10 June 2014 (s 2 (1))
Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.35
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))sch 1 pt 1.35 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Retirement Villages Amendment Act 2016 A2016-30 pt 2
notified LR 16 June 2016
s 1, s 2 commenced 16 June 2016 (LA s 75 (1))
pt 2 commenced 16 December 2016 (s 2 and LA s 79)Revenue Legislation Amendment Act 2017 A2017-1 sch 1 pt 1.10
notified LR 22 February 2017
s 1, s 2 commenced 22 February 2017 (LA s 75 (1))
sch 1 pt 1.10 commenced 18 September 2017 (s 2 (1) and CN2017-5)Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.26
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.26 commenced 9 March 2017 (s 2)Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.28
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.28 commenced 22 November 2018 (s 2 (1))Retirement Villages Legislation Amendment Act 2019 A2019-10 pt 4
notified LR 11 April 2019
s 1, s 2 commenced 11 April 2019 (LA s 75 (1))pt 4 commenced 1 July 2019 (s 2 (1) and CN2019-11)
COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.28
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))sch 1 pt 1.28 commenced 14 May 2020 (s 2 (1))
Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020 A2020-16 sch 1 pt 1.11
notified LR 13 May 2020
s 1, s 2 commenced 13 May 2020 (LA s 75 (1))sch 1 pt 1.11 commenced 1 June 2020 (s 2 and see Electronic Conveyancing National Law (ACT) Act 2020 A2020-15 s 3)
Emergencies Amendment Act 2020 A2020-47 sch 1 pt 1.6
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))
sch 1 pt 1.6 commenced 4 September 2020 (s 2)COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.14
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
sch 1 pt 1.14 commenced 20 February 2021 (s 2 (1))
Operational Efficiencies (COVID-19) Legislation Amendment Act 2021 A2021-24 pt 11
notified LR 13 October 2021
s 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))
pt 11 commenced 14 October 2021 (s 2 (1))
Fair Trading and Other Justice Legislation Amendment Act 2022 A2022-8 pt 8
notified LR 11 May 2022
s 1, s 2 commenced 11 May 2022 (LA s 75 (1))
pt 8 commenced 12 May 2022 (s 2 (1))Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.56
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.56 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Justice and Community Safety Legislation Amendment Act 2025 A2025‑2 pt 8
notified LR 20 February 2025
s 1, s 2 commenced 20 February 2025 (LA s 75 (1))
pt 8 commenced 27 February 2025 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2025 (No 3) A2025-22 sch 1 pt 1.6
notified LR 12 September 2025
s 1, s 2 commenced 12 September 2025 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 November 2025 (s 2 (3) (a) and see Aged Care Act 2024 (Cwlth) s 7)Amendment history
Commencement
s 2om LA s 89 (4)
Dictionary
s 3am A2023-36 amdt 1.328
Meaning of operator
s 7am A2013‑7 amdt 1.12, amdt 1.13; A2017‑4 amdt 3.174
Meaning of residence right
s 8am A2013‑7 amdt 1.14; A2013‑19 amdt 3.239; A2016-30 s 4, s 5; pars renum R7 LA
Meaning of sale, sale price and contract for the sale of residential premises
s 9am A2013‑7 amdt 1.15
Meaning of retirement village
s 10am A2025‑22 amdt 1.14; pars renum R24 LA
Meaning of ingoing contribution
s 11am A2013‑19 amdt 3.240
Meaning of registered interest holder and registered long-term sublessee
s 12am A2016-30 s 6, s 7
Meaning of permanently vacated residential premises
s 14 hdgsub A2013‑7 amdt 1.16
s 14am A2013‑7 amdt 1.17, amdt 1.18
Consent of residents
s 15am A2013‑19 amdt 3.388
Application to residents and operators of former retirement villages
s 15Ains A2013‑7 amdt 1.19
am A2013‑19 amdt 3.241
Advertising or promoting village before development approval given
s 16am A2016-30 s 8, s 9; ss renum R7 LA; A2023-36 amdt 1.329
Advertising without approval for facilities
s 17am A2025‑22 amdt 1.15
Exceptions to prohibitions on advertising
s 18am A2023-36 amdt 1.330; A2025‑22 amdt 1.15
Representation that complex is retirement village
s 19am A2013‑19 amdt 3.242
Giving information inconsistent with disclosure statement
s 20am A2013‑7 amdt 1.20
Information about services and facilities
s 21am A2013‑7 amdt 1.21
Making certain representations—promotional material
s 22 hdgsub A2016-30 s 10
s 22am A2013‑7 amdt 1.22; A2013‑19 amdt 3.243, amdt 3.388; A2016-30 s 11, s 12
Making certain representations—aged care services
s 22Ains A2016-30 s 13
am A2025‑22 amdts 1.16-1.18
General inquiry document
s 23am A2016-30 s 14; A2017‑4 amdt 3.175
Disclosure statement
s 24am A2013‑19 amdt 3.388; A2016-30 s 15; A2017‑4 amdt 3.176
Copies of certain documents to be made available
s 29am A2013‑19 amdt 3.244, amdt 3.245
Definitions—pt 4
s 32def trustee am A2013‑7 amdt 1.23; A2016‑13 amdt 1.134
Repayment of waiting list fees—prospective resident does not enter village contract
s 35am A2013‑19 amdts 3.246-3.248
Requesting or accepting holding deposit
s 37am A2013‑7 amdt 1.24
Failure to keep deposits in trust
s 38am A2013‑19 amdt 3.249
Repaying etc holding deposits and ingoing contributions
s 39am A2013‑19 amdt 3.250; A2016-30 ss 16-18; ss renum R7 LA; A2025‑22 amdt 1.19, amdt 1.20
Retirement village land to be registered under Land Titles Act
s 42am A2013‑7 amdt 1.25
Application to remove retirement village notice from land titles register
s 44 hdgsub A2020‑16 amdt 1.33
s 44am A2020‑16 amdt 1.34
Inconsistency between village contract and disclosure statement
s 45am A2013‑19 amdt 3.251, amdt 3.252
Failure to obtain certificate for amendment or replacement of village contract
s 50am A2013‑19 amdt 3.253
Costs of preparation of village contracts
s 52am A2016-30 s 19
Cooling-off period
s 53am A2016-30 s 20, s 21; ss renum R7 LA
Effect of rescission notice
s 55am A2014‑18 amdt 3.73
Consequences of resident’s rescission of service contract
s 56am A2014‑18 amdt 3.73
Consequences of resident’s rescission of residence contract
s 57am A2013‑19 amdt 3.254; A2017‑1 amdt 1.113; A2020‑16 amdt 1.35
Consequence of resident’s rescission of other village contract
s 58am A2013‑7 amdt 1.26; ss renum R1 LA
Operator to give resident or prospective resident copy of village contract
s 60 hdgsub A2016-30 s 22
s 60am A2016-30 s 23
Renovations and alteration of fixtures or fittings—ACAT orders
s 64am A2013‑19 amdt 3.255
Renovations and alteration of fixtures or fittings—limitation of s 63 and s 64
s 65am A2013‑19 amdt 3.256; A2023-36 amdt 1.331
Effect of noncompliance with standard form contract
s 68am A2013‑7 amdts 1.27-1.29; A2013‑19 amdts 3.257-3.259
Meaning of end of the settling-in period—div 5.2
s 71am A2013‑19 amdt 3.260
Operator to refund certain payments made by resident
s 74am A2016-30 s 24
Time for making of payments
s 75am A2013‑19 amdt 3.261; A2016-30 s 25
Former occupant not required to pay certain amounts
s 76am A2013‑19 amdt 3.262, amdt 3.263
Meaning of resident—pt 6
s 77Ains A2013‑19 amdt 3.264
Operator may make village rules for new villages
s 81am A2013‑7 amdt 1.30
Villages without rules
s 82 hdgsub A2013‑7 amdt 1.31
s 82am A2013‑7 amdt 1.32
Operator’s concern that amendment will impose additional cost
s 85am A2013‑19 amdt 3.265, amdt 3.266
Compliance with village rules
s 87am A2013‑19 amdt 3.267
Certain people not to be operators
s 89am A2018‑42 amdt 3.96, amdt 3.97
Operator to provide secure premises
s 90am A2016-30 s 26, s 27; ss renum R7 LA
Operator to provide safe premises
s 91am A2013‑19 amdt 3.268; A2016-30 s 28; pars renum R7 LA
Operator not to reduce or withdraw certain services and facilities
s 95am A2013‑19 amdt 3.269
Operator not to require residents to patronise particular businesses
s 97am A2013‑19 amdt 3.270, amdt 3.271
Operator to respect rights of residents
s 99am A2013‑19 amdt 3.272, amdt 3.273
Restriction of operator’s access to residential premises
s 100am A2013‑19 amdts 3.274-3.278
Residents to be given access to information about them
s 102am A2013‑19 amdt 3.279
Residents committees and organisations
s 103am A2013‑19 amdt 3.280, amdt 3.388; A2019‑10 s 18, s 19
Membership of residents committee
s 104am A2019‑10 s 20; A2025-2 s 48, s 49; ss renum R23 LA
Operator must hold annual management meeting
s 107am A2013‑19 amdt 3.281; A2020‑14 amdt 1.126; A2020‑47 amdt 1.15
(3A) exp 8 April 2021 (s 265 (1))
Annual management meeting—chair
s 109am A2022-8 s 216
Operator must keep minutes of meetings with residents
s 110Ains A2016-30 s 29
Meetings of residents
s 112am A2013‑19 amdt 3.282; A2019‑10 s 21, s 22; ss renum R13 LA; A2022-8 s 217; ss renum R20 LA
Meetings of residents—methods of communication
s 112Ains A2020‑14 amdt 1.127
am A2021‑24 s 24
Attendance at meetings of residents
s 113am A2022-8 s 218
Proxies
s 116am A2013‑19 amdt 3.283; A2019‑10 s 23, s 24
Certain limitations on proxies
s 117am A2019‑10 s 25; A2020‑14 amdt 1.128; A2022-8 s 219
(1A), (1B) exp 29 September 2023 (s 265 (2))
Effect of certain votes
s 118am A2013‑7 amdt 1.33; A2023-36 amdt 1.332
Application to ACAT by operator in relation to possession of premises by relative of resident
s 122am A2013‑7 amdt 1.34
Application for order appointing administrator
s 125am A2013‑19 amdt 3.284, amdt 3.388
Administrator may amend village contract
s 130am A2013‑19 amdt 3.388
Meaning of resident—pt 7
s 133Ains A2013‑19 amdt 3.285
Financial year for retirement village
s 134 hdgsub A2013‑19 amdt 3.286
Definitions—div 7.2
s 135def capital item sub A2013‑7 amdt 1.35
am A2019‑10 s 26
def capital maintenance sub A2013‑7 amdt 1.35
def capital replacement sub A2013‑7 amdt 1.35
am A2019‑10 s 27
def common property sub A2013‑7 amdt 1.35
Capital maintenance and replacement guidelines
s 136Ains A2019‑10 s 28
Resident may carry out urgent work
s 139am A2016-30 s 30, s 31
Funding of certain capital maintenance and capital replacement
s 141am A2013‑19 amdt 3.287
Retirement village to be insured
s 145am A2013‑19 amdt 3.288
Sale of capital items to residents
s 146am A2013‑19 amdts 3.289-3.291; pars renum R2 LA
Amendment of recurrent charges
s 148am A2019‑10 s 29
Recurrent charges amended otherwise than by fixed formula
s 150am A2013‑19 amdts 3.292-3.295
sub A2016-30 s 32
am A2019‑10 s 30
Recurrent charges amended otherwise than by fixed formula—exceeding variation in CPI
s 151am A2013‑7 amdt 1.36; A2013‑19 amdt 3.296, amdt 3.297
om A2016-30 s 33
Amending certain recurrent charges otherwise than in accordance with Act
s 152am A2016-30 s 34
Residents consent to amendment
s 153am A2013‑19 amdt 3.298, amdt 3.299, amdt 3.388; A2016‑30 ss 35-37
ACAT orders—recurrent charges
s 154am A2013‑7 amdt 1.37; A2013‑19 amdt 3.300, amdt 3.388; A2016‑30 s 38; ss renum R7 LA
Failure to give receipt for payment of recurrent charges
s 156am A2013‑19 amdt 3.301, amdt 3.302
Reduction of recurrent charges in certain circumstances
s 157am A2013‑7 amdt 1.38; A2013‑19 amdt 3.303
Proposed annual budget
s 159am A2013‑7 amdt 1.39; A2013‑19 amdt 3.304, amdt 3.388; A2016‑30 s 39; pars renum R7 LA; A2019‑10 s 31; ss renum R13 LA; A2020‑14 amdt 1.129; A2020‑47 amdt 1.15
(2A), (2B) exp 8 April 2021 (s 265 (1))
Residents may consent to not receiving proposed annual budget
s 160am A2013‑7 amdt 1.40; A2013‑19 amdt 3.305, amdt 3.388
Residents’ consent to spending
s 162am A2013‑7 amdts 1.41-1.43; ss renum R1 LA; A2013‑19 amdt 3.388; A2016‑30 s 40; A2019‑10 s 32; ss renum R13 LA
ACAT orders—decisions about spending
s 163am A2013‑19 amdts 3.306-3.308, amdt 3.388
Spending otherwise than in accordance with approved annual budget
s 166am A2013‑7 amdt 1.44; A2013‑19 amdt 3.309, amdt 3.310, amdt 3.388
Auditing of accounts
s 168am A2013‑7 amdt 1.45; A2013‑19 amdts 3.311-3.313, amdt 3.388
Copies of annual accounts to be given to residents
s 169am A2013‑7 amdt 1.46; A2013‑19 amdts 3.314-3.316
Accounts need not be audited in certain circumstances
s 170am A2013‑7 amdt 1.47; A2013‑19 amdt 3.317, amdt 3.318, amdt 3.388
Quarterly accounts need not be given to residents in certain circumstances
s 171am A2013‑19 amdt 3.319
Meaning of surplus—div 7.6
s 172om A2013‑19 amdt 3.320
Any surplus to be carried over
s 173am A2013‑19 amdt 3.321; A2016‑30 s 41, s 42; ss renum R7 LA
Meaning of resident—pt 8
s 174Ains A2013‑19 amdt 3.329
sub A2016‑30 s 43
Other options for dispute resolution
s 175sub A2019‑10 s 33
Dispute resolution—disputes committee
div 8.1A hdg ins A2016‑30 s 44
Disputes committee
s 175Ains A2016‑30 s 44
Dispute between operator and resident—notice to dispute committee
s 175Bins A2016‑30 s 44
am A2019‑10 s 34
Disputes committee—decision
s 175Cins A2016‑30 s 44
Costs of dispute resolution
s 175Dins A2016‑30 s 44
Dispute resolution—ACAT
div 8.2 hdgsub A2016‑30 s 45
Dispute between operator and resident—application to ACAT
s 176 hdgsub A2016‑30 s 46
s 176am A2013‑19 amdts 3.330-3.332
ACAT jurisdiction
s 177am A2013‑7 amdt 1.48; A2013‑19 amdt 3.333
Informal resolution of dispute
s 178sub A2016‑30 s 47
am A2019‑10 s 35
Jurisdiction
s 179om A2013‑7 amdt 1.49
ACAT orders
s 181am A2013‑19 amdt 3.334; A2016‑30 s 48
Notice of intention to seek ending of contract
s 184am A2013‑7 amdt 1.50
Ending of residence contract if premises uninhabitable etc
s 185am A2013‑7 amdt 1.51, amdt 1.52
Ending of residence contract if premises uninhabitable etc—application to ACAT
s 186am A2013‑19 amdt 3.335
Ending of residence contract by ACAT on application of either operator or resident
div 9.2 hdgsub A2013‑19 amdt 3.336
Ending of residence contract on medical grounds
s 187 hdgsub A2013‑19 amdt 3.337
s 187am A2013‑7 amdt 1.53; ss renum R1 LA; A2013‑19 amdt 3.338
Ending of residence contract on grounds of breach of village contract or rules
s 188am A2013‑19 amdt 3.339
Ending of residence contract by ACAT on application of operator
div 9.3 hdgsub A2013‑19 amdt 3.340
Ending of residence contract on grounds of resident causing serious damage or injury
s 189 hdgsub A2013‑19 amdt 3.341
s 189am A2013‑19 amdts 3.342-3.344
Ending of residence contract on grounds of upgrade or change of use
s 190 hdgsub A2013‑19 amdt 3.345
s 190am A2013‑19 amdt 3.346, amdt 3.347
Ending of residence contract by Supreme Court on application of administrator
div 9.4 hdgsub A2013‑19 amdt 3.348
Ending of residence contract on grounds of retirement village ceasing to operate
s 191 hdgsub A2013‑19 amdt 3.349
s 191am A2013‑19 amdt 3.388
Suspension or refusal of orders for ending of residence contract
div 9.5 hdgsub A2013‑19 amdt 3.350
ACAT may suspend or refuse to make order ending residence contract
s 192 hdgsub A2013‑19 amdt 3.351
Enforcement of orders for possession
s 195am A2013‑19 amdt 3.388
Uncollected Goods Act does not apply
s 201am A2013‑19 amdt 3.352
Delivery of uncollected goods
s 202am A2013‑19 amdt 3.353, amdt 3.354
Disposal of uncollected goods
s 203am A2013‑19 amdt 3.355
Title to sold goods
s 204sub A2013‑19 amdt 3.356
Meaning of permanently vacated residential premises—pt 10
s 207 hdgsub A2013‑7 amdt 1.54
s 207am A2013‑7 amdt 1.55; ss renum R1 LA
Recurrent charges for optional services
s 209am A2013‑19 amdt 3.357
Recurrent charges for general services—registered interest holders
s 210am A2016‑30 s 49; A2025‑22 amdt 1.21
Recurrent charges for general services—generally
s 211am A2013‑19 amdt 3.358
Meaning of departure fee
s 214am A2013‑19 amdt 3.359, amdt 3.360
Meaning of resident—div 10.5
s 221Ains A2013‑19 amdt 3.361
Operator not to interfere in sale
s 224am A2013‑19 amdt 3.362, amdt 3.363
Costs of sale
s 225am A2013‑19 amdt 3.364, amdt 3.365
Buyer and operator to enter contract
s 226am A2013‑19 amdt 3.366, amdt 3.367
ACAT decision in relation to proposed buyer
s 228am A2013‑19 amdt 3.388
Effect of granting of residential tenancy agreement under this division
s 231am A2013‑19 amdt 3.388
Operator not to interfere in letting
s 232am A2013‑19 amdt 3.368, amdt 3.369
Payments to former occupants who were registered interest holders
s 235am A2013‑7 amdt 1.56
Statements to former occupants who were registered interest holders
s 236am A2013‑19 amdt 3.388
Payments to former occupants who were not registered interest holders
s 238am A2013‑7 amdt 1.57; ss renum R1 LA; A2013‑19 amdt 3.370, amdt 3.371; A2016‑30 s 50; ss renum R7 LA
Statements to former occupants who were not registered interest holders
s 238Ains A2013‑7 amdt 1.58
Payments to executors and administrators
s 240sub A2016‑30 s 51
Application—pt 11
s 241am A2013‑19 amdt 3.372, amdt 3.373
Application for enforcement of charge
s 245am A2013‑19 amdt 3.374
Priority of interests
s 247am A2016‑30 s 52; pars renum R7 LA
Director‑general may conduct proceedings
s 253am A2013‑19 amdt 3.375
Costs of operator’s legal advice or proceeding
s 260am A2013‑7 amdt 1.59; ss renum R1 LA; A2013‑19 amdt 3.376
Contracting out of Act
s 261am A2013‑7 amdt 1.60
Meetings of operators—methods of communication
s 261Ains A2020‑14 amdt 1.130
am A2021‑24 s 25
Approved forms
s 263am A2013‑7 amdt 1.61
Expiry—COVID-19 Emergency Response Act 2020 amendments
s 265om A2017‑4 amdt 3.177
ins A2020‑14 amdt 1.131
sub A2021‑1 amdt 1.25
am A2021‑24 s 26; pars renum R19 LA
exp 29 September 2023 (s 265 (2))
Transitional
pt 20 hdgexp 4 March 2018 (s 505)
Definitions—pt 20
s 500exp 4 March 2018 (s 505)
def existing contract sub A2013‑7 amdt 1.62
exp 4 March 2018 (s 505)
def existing residence contract ins A2013‑7 amdt 1.62
exp 4 March 2018 (s 505)
def existing service contract ins A2013‑7 amdt 1.62
exp 4 March 2018 (s 505)
Existing residence contracts to be residence contracts
s 501 hdgsub A2013‑7 amdt 1.63
s 501am A2013‑7 amdt 1.64
exp 4 March 2018 (s 505)
Existing service contracts to be service contracts
s 501Ains A2013‑7 amdt 1.65
exp 4 March 2018 (s 505)
Existing contracts—contracting out prohibited
s 502am A2013‑7 amdt 1.66
exp 4 March 2018 (s 505)
Existing contracts—no acquisition of property
s 503exp 4 March 2018 (s 505)
Meaning of permanently vacated residential premises— s 14 (1)
s 503Ains as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Former retirement villages that stopped being retirement villages before the commencement day—s 15A (3)
s 503Bins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
General inquiry document—s 23
s 503Cins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Disclosure statement—s 24
s 503Dins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Copies of certain documents to be made available—s 29 (1) (c)
s 503Eins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Resident to enter village contract—s 41 (1)
s 503Fins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Retirement village land to be registered—s 42 (3)
s 503Gins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Inconsistency between village contract and disclosure statement—s 45
s 503Hins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Village contracts must be in writing—s 46
s 503Iins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Amendment or replacement of village contract—s 49
s 503Jins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Rescission of village contract on grounds relating to disclosure statement—s 54
s 503Kins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Condition report for certain residential premises—s 59 (4)
s 503Lins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Renovations and alteration of fixtures or fittings—s 63 (5) (a)
s 503Mins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Settling-in period for residents—div 5.2 and s 71
s 503Nins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Village rules—div 6.1
s 503Oins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Operator not to demand power of attorney—s 98
s 503Pins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Membership of Residents Committee—s 104
s 503Qins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Operator must hold annual management meeting—s 107
s 503Rins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Proxies—s 116
s 503Sins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Relative may ask to enter into residence contract—s 120 (1) (c)
s 503Tins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Resident may carry out urgent work—s 139
s 503Uins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Sale of capital items to residents—s 146
s 503Vins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Amendment of recurrent charges—s 148 (2)
s 503Wins as mod SL2013–5 mod 5.1 (as am by SL2013‑21 s 8)
mod exp 4 March 2018 (SL2013–5 s 60)
Residents’ consent to spending—s 162 (9)
s 503Xins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
ACAT orders—decisions about spending—s 163
s 503XAins as mod SL2013–5 mod 5.1 (as am by SL2013‑21 s 9)
mod exp 4 March 2018 (SL2013–5 s 60)
Auditing of accounts—s 168 (3) and (6)
s 503Yins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Existing disputes—pt 8
s 503Zins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Informal resolution of disputes—s 178
s 503ZAins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Ending residence contracts—pt 9
s 503ZBins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Existing uncollected goods—div 9.8
s 503ZCins as mod SL2013–5 mod 5.1 (see endnote 6)
mod exp 4 March 2018 (SL2013–5 s 60)
Meaning of permanently vacated residence—s 20
s 503ZDins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Recurrent charges for general services—registered interest holders—s 210 (3) (a)
s 503ZEins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Recurrent charges for general services—generally—s 211 (2) (e)
s 503ZFins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Meaning of departure fee—s 214 (1)
s 503ZGins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Meaning of departure fee—214 (1) (a)
s 503ZHins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Departure fees payable—s 217
s 503ZIins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Departure fees payable—registered interest holders
s 503ZJins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Departure fees payable—not registered interest holders
s 503ZKins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Reduction or waiver of departure fee
s 503ZLins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Condition of premises on ending of residence contract—s 219 (2)
s 503ZMins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
No refurbishment required—s 220
s 503ZNins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Refurbishment under existing contract
s 503ZOins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Sale of premises—s 223 (4)
s 503ZPins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Statements to former occupants who were registered interest holders—s 236 (2)
s 503ZQins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Statements to former occupants who were not registered interest holders—s 238A (2)
s 503ZRins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Application of pt 11—s 241 (1)
s 503ZSins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Creation of charge—s 242 (1
s 503ZTins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Costs of operator’s legal advice or proceeding—s 260
s 503ZUins as mod SL2013–5 mod 5.1
mod exp 4 March 2018 (SL2013–5 s 60)
Transitional regulations
s 504am A2013‑7 amdt 1.67
exp 4 March 2018 (s 505)
Expiry—pt 20
s 505exp 4 March 2018 (s 505)
Transitional—Retirement Villages Amendment Act 2016
pt 21 hdgom LA s 89 (3)
ins A2016‑30 s 53
exp 16 December 2017 (s 524)
Legislation repealed
s 506om LA s 89 (3)
Meaning of commencement day—pt 21
s 520ins A2016‑30 s 53
exp 16 December 2017 (s 524)
Holding deposits paid before the commencement day
s 521ins A2016‑30 s 53
exp 16 December 2017 (s 524)
Existing villages rules to be consistent
s 522ins A2016‑30 s 53
exp 16 December 2017 (s 524)
Priority of interests created before commencement day
s 523ins A2016‑30 s 53
exp 16 December 2017 (s 524)
Expiry—pt 21
s 524ins A2016‑30 s 53
exp 16 December 2017 (s 524)
Method of voting
sch 1 s 1.3am A2022-8 s 220
Result of vote
sch 1 s 1.4am A2022-8 s 221; A2025-2 s 50
Written ballot required for special resolution
sch 1 s 1.5sub A2022-8 s 222
How special resolution is carried
sch 1 s 1.6am A2022-8 s 223
Dictionary
dictam A2013‑19 amdt 3.377, A2013‑39 amdt 2.55 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2014‑18 amdt 3.74; A2016‑13 amdt 1.135
def approved annual budget sub A2013‑19 amdt 3.378
def body corporate om A2013‑7 amdt 1.68
def capital maintenance sub A2013‑7 amdt 1.69
def capital replacement sub A2013‑7 amdt 1.69
def common property om A2013‑7 amdt 1.70
def COVID-19 emergency ins A2020‑14 amdt 1.132
exp 29 September 2023 (s 265 (2))
def CPI om A2016‑30 s 54
def development approval sub A2023-36 amdt 1.333
def disputes committee ins A2016‑30 s 55
def financial year am A2013‑19 amdt 3.379
def item of capital om A2013‑7 amdt 1.71
def permanently vacate om A2013‑7 amdt 1.72
def permanently vacated ins A2013‑7 amdt 1.73
def proposed annual budget am A2013‑19 amdt 3.380
def quarterly accounts ins A2013‑19 amdt 3.381
def registered provider ins A2025‑22 amdt 1.22
def resident am A2013‑19 amdt 3.382; A2016‑30 s 56
def residential aged care facility om A2025‑22 amdt 1.23
def residential care home ins A2025‑22 amdt 1.24
def services and facilities am A2013‑19 amdt 3.383
def surplus om A2013‑19 amdt 3.384
def tenant am A2013‑19 amdt 3.385, amdt 3.386
def unit am A2013‑19 amdt 3.387
def units plan am A2013‑7 amdt 1.74
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
4 Mar 20134 Mar 2013–
13 June 2013A2013‑7 new Act, amendments by A2013‑7 and modification by SL2013–5 R2
14 June 201314 June 2013–
15 Aug 2013A2013‑19 amendments by A2013‑19 R3
16 Aug 201316 Aug 2013–
6 Nov 2013SL2013‑21 modifications by SL2013‑5
as amended by SL2013‑21R4
7 Nov 2013never effective A2013‑39 (never effective) amendments by A2013‑39 R4 (RI)
24 Feb 20147 Nov 2013–
9 June 2014A2013‑39 (never effective) reissue because of High Court decision in relation to A2013-39 R5
10 June 201410 June 2014–
31 Mar 2016A2014‑18 amendments by A2014‑18 R6
1 Apr 20161 Apr 2016–
15 Dec 2016A2016-13 amendments by A2016-13 R7
16 Dec 201616 Dec 2016–
8 Mar 2017A2016-30 amendments by A2016-30 R8
9 Mar 20179 Mar 2017–
17 Sept 2017A2017-4 amendments by A2017-4 R9
18 Sept 201718 Sept 2017‑
16 Dec 2017A2017‑4 amendments by A2017-1 R10
17 Dec 201717 Dec 2017–
4 Mar 2018A2017‑4 expiry of transitional provisions (pt 21) R11
5 Mar 20185 Mar 2018–
21 Nov 2018A2017‑4 expiry of modifications and transitional provisions (pt 20) R12
22 Nov 201822 Nov 2018–
30 Jun 2019A2018‑42 amendments by A2018‑42 R13
1 July 20191 July 2019–
13 May 2020A2019‑10 amendments by A2019‑10 R14
14 May 202014 May 2020–
31 May 2020A2020‑14 amendments by A2020‑14 R15
1 June 20201 June 2020–
3 Sept 2020A2020‑16 amendments by A2020‑16 R16
4 Sept 20204 Sept 2020–
19 Feb 2021A2020‑47 amendments by A2020‑47 R17
20 Feb 202120 Feb 2021–
8 Apr 2021A2021‑1 amendments by A2021‑1 R18
9 Apr 20219 Apr 2021–
13 Oct 2021A2021‑1 expiry of provisions (s 107 (3A), s 159 (2A), (2B)) R19
14 Oct 202114 Oct 2021–
11 May 2022A2021‑24 amendments by A2021‑24 R20
12 May 202212 May 2022–
29 Sept 2023A2022‑8 amendments by A2022‑8 R21
30 Sept 202330 Sept 2023–
26 Nov 2023A2022‑8 expiry of provisions (s 117 (1A), (1B), s 265, dict def COVID-19 emergency) R22
27 Nov 202327 Nov 2023–
26 Feb 2025A2023‑36 amendments by A2023‑36 R23
27 Feb 202527 Feb 2025–
31 Oct 2025A2025‑2 amendments by A2025‑2
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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