Retirement Villages Legislation Amendment Regulation (No. 1) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 272 Retirement Villages Act 1988 RETIREMENT VILLAGES LEGISLATION AMENDMENT REGULATION (No. 1) 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF RETIREMENT VILLAGES REGULATION 1989 2 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of schs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SCHEDULE 2 EXEMPT RETIREMENT VILLAGES PART 1—ARCHBISHOP DUHIG COURT 1 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Condition of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—ASHMORE LODGE 3 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—BURPENGARY GARDENS AGED CARE HOSTEL 5 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Conditions of exemption from pt 4 of the Act . . . . . . . . . . . . . . . . . . 5 7 Conditions of exemption from other provisions . . . . . . . . . . . . . . . . . 6 PART 4—CYPRESS GARDENS INDEPENDENT LIVING UNITS 8 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Retirement Villages Legislation Amendment (No. 1) No. 272, 1997 9 Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 5—CYPRESS GARDENS SERVICED APARTMENTS 10 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 6—DALVEEN LODGE HOSTEL 12 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Conditions of exemption from pt 4 of the Act . . . . . . . . . . . . . . . . . . 8 PART 7—GOLDEN GROVE HOSTEL 14 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 8—KAWANA WATERS HOSTEL 15 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 9—RIVERLANDS NOOSA 17 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 10—SOVEREIGN LODGE HOSTEL 18 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19 Conditions of exemption from pt 4 of the Act . . . . . . . . . . . . . . . . . . 10 20 Conditions of exemption from other provisions . . . . . . . . . . . . . . . . . 11 PART 11—ST MARY’S HOSTEL 21 Retirement village exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 22 Condition of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SCHEDULE 3 FEES PART 3—AMENDMENT OF REGULATION GAZETTED 26 OCTOBER 1991 4 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 Amendment of first sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Insertion of new schs D and E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SCHEDULE D SCHEDULE E

s1 3 s3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Retirement Villages Legislation Amendment Regulation (No. 1) 1997 . PART 2—AMENDMENT OF RETIREMENT VILLAGES REGULATION 1989 ˙ Regulation amended in pt 2 2. This part amends the Retirement Villages Regulation 1989 . ˙ Replacement of schs 2 and 3 3. Schedules 2 and 3— omit, insert — ‘ SCHEDULE 2 ‘ EXEMPT RETIREMENT VILLAGES section 17 ‘ PART 1—ARCHBISHOP DUHIG COURT ˙ ‘ Retirement village exempted ‘ 1. Archbishop Duhig Court, Beddoes Street, Holland Park is exempt from the application of parts 2 to 6 of the Act.

s3 4 s3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ˙ ‘ Condition of exemption ‘ 2. The exemption is given for the period the retirement village is an approved hostel for financial assistance by way of recurrent subsidy under the Aged or Disabled Persons Care Act 1954 (Cwlth). ‘ PART 2—ASHMORE LODGE ˙ ‘ Retirement village exempted ‘ 3. Ashmore Lodge, 19 Allunga Avenue, Ashmore is exempt from the application of— (a) the following provisions of the Act— (i) section 46(1)(b) and (2)(b); (ii) section 47; (iii) section 48(1) and (2); (iv) section 51; and (b) sections 12(3), 13, 14(1)(b) and (c), 14(2), 14A and 15 of this regulation. ˙ ‘ Conditions of exemption ‘ 4.(1) The retirement village is exempt from the provisions mentioned in section 3 for the period the village is an approved hostel for financial assistance by way of recurrent subsidy under the Aged or Disabled Persons Care Act 1954 (Cwlth). ‘ (2) The exemption from section 48(1) and (2) of the Act is given on the further condition that a statement required to be presented to the annual meeting under the subsections is to be presented to the residents annually, but need not be presented at the annual meeting.

s3 5 s3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ‘ PART 3—BURPENGARY GARDENS AGED CARE HOSTEL ˙ ‘ Retirement village exempted ‘ 5. Burpengary Gardens Aged Care Hostel, Pitt Road, Burpengary is exempt from the application of— (a) the following provisions of the Act— (i) part 4; (ii) section 46(1)(b) and (2)(b); (iii) section 47; (iv) section 48(1) and (2); (v) section 51; and (b) sections 12(3), 13, 14(1)(b) and (c), 14(2), 14A and 15 of this regulation. ˙ ‘ Conditions of exemption from pt 4 of the Act‘ 6.(1) Ingoing contribution amounts for the retirement village are to be paid to the village operator’s solicitor to hold, on trust, as stakeholder. ‘ (2) The solicitor may invest an amount held under this section. ‘ (3) The village operator is entitled to the income from the investment. ‘ (4) The solicitor may release an amount held under this section only if— (a) the residence contract under which the amount was paid is terminated; and (b) the release is agreed to by the village operator and— (i) the resident by or for whom the amount was paid; or (ii) the resident’s personal representative. ‘ (5) The village operator is responsible for the solicitor’s remuneration and administration costs, including the cost of preparing any necessary

s3 6 s3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) documentation, in relation to amounts held by the solicitor under this section. ˙ Conditions of exemption from other provisions ‘ 7.(1) The retirement village is exempt from the provisions (other than part 4 of the Act) mentioned in section 5 for the period the village is an approved hostel for financial assistance by way of recurrent subsidy under the Aged or Disabled Persons Care Act 1954 (Cwlth). ‘ (2) The exemption from section 48(1) and (2) of the Act is given on the further condition that a statement required to be presented to the annual meeting under the subsections is to be presented to the residents annually, but need not be presented at the annual meeting. ‘ PART 4—CYPRESS GARDENS INDEPENDENT LIVING UNITS ˙ ‘ Retirement village exempted ‘ 8. Cypress Gardens Independent Living Units, Clear Island Waters is exempt from the application of part 4 of the Act. ˙ ‘ Conditions of exemption ‘ 9. The exemption is given on the condition that, for each lot in the retirement village— (a) a separate title is created under— (i) the Building Units and Group Titles Act 1980 ; or (ii) the Building Units and Group Titles Act 1980 and the MixedUse Development Act 1993 ; and (b) if the lot is occupied—

s3 7 s3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) (i) a lease for 80 years is registered under the Land Title Act1994 over the lot in favour of the occupier of the lot; and (ii) a first mortgage is registered under the Land Title Act 1994 over the lot in favour of the occupier of the lot. ‘ PART 5—CYPRESS GARDENS SERVICED APARTMENTS ˙ ‘ Retirement village exempted ‘ 10. Cypress Gardens Serviced Apartments, Clear Island Waters is exempt from the application of part 4 of the Act. ˙ ‘ Conditions of exemption ‘ 11. The exemption is given on the condition that, for each lot in the retirement village— (a) a separate title is created under— (i) the Building Units and Group Titles Act 1980 ; or (ii) the Building Units and Group Titles Act 1980 and the MixedUse Development Act 1993 ; and (b) if the lot is occupied— (i) a lease for 80 years is registered under the Land Title Act1994 over the lot in favour of the occupier of the lot; and (ii) a first mortgage is registered under the Land Title Act 1994 over the lot in favour of the occupier of the lot.

s3 8 s3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ‘ PART 6—DALVEEN LODGE HOSTEL ˙ ‘ Retirement village exempted ‘ 12. Dalveen Lodge Hostel, 119 Moorindil Street, Tewantin is exempt from the application of part 4 of the Act. ˙ ‘ Conditions of exemption from pt 4 of the Act‘ 13.(1) Ingoing contribution amounts for the retirement village are to be paid to the village operator’s solicitor to hold, on trust, as stakeholder. ‘ (2) The solicitor may invest an amount held under this section. ‘ (3) The village operator is entitled to the income from the investment. ‘ (4) The solicitor may release an amount held under this section only if— (a) the residence contract under which the amount was paid is terminated; and (b) the release is agreed to by the village operator and— (i) the resident by or for whom the amount was paid; or (ii) the resident’s personal representative. ‘ (5) The village operator is responsible for the solicitor’s remuneration and administration costs, including the cost of preparing any necessary documentation, in relation to amounts held by the solicitor under this section. ‘ PART 7—GOLDEN GROVE HOSTEL ˙ ‘ Retirement village exempted ‘ 14. Golden Grove Hostel, Southport is exempt from the application of parts 2 to 6 of the Act.

s3 9 s3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ‘ PART 8—KAWANA WATERS HOSTEL ˙ ‘ Retirement village exempted ‘ 15. Kawana Waters Hostel, Riveraine Avenue, Kawana Waters is exempt from the application of— (a) the following provisions of the Act— (i) section 46(1)(b) and (2)(b); (ii) section 47; (iii) section 48(1) and (2); (iv) section 51; and (b) sections 12(3), 13, 14(1)(b) and (c), 14(2), 14A and 15 of this regulation. ˙ ‘ Conditions of exemption ‘ 16.(1) The retirement village is exempt from the provisions mentioned in section 15 for the period the village is an approved hostel for financial assistance by way of recurrent subsidy under the Aged or Disabled Persons Care Act 1954 (Cwlth). ‘ (2) The exemption from section 48(1) and (2) of the Act is given on the further condition that a statement required to be presented to the annual meeting under the subsections is to be presented to the residents annually, but need not be presented at the annual meeting. ‘ PART 9—RIVERLANDS NOOSA ˙ ‘ Retirement village exempted ‘ 17. Riverlands Noosa, Tewantin is exempt from the application of parts 2 to 6 of the Act.

s 3 10 s 3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ‘ PART 10—SOVEREIGN LODGE HOSTEL ˙ ‘ Retirement village exempted ‘ 18. Sovereign Lodge Hostel, 119 Moorindil Street, Tewantin is exempt from the application of— (a) the following provisions of the Act— (i) part 4; (ii) section 46(1)(b) and (2)(b); (iii) section 47; (iv) section 48(1) and (2); (v) section 51; and (b) sections 12(3), 13, 14(1)(b) and (c), 14(2), 14A and 15 of this regulation. ˙ ‘ Conditions of exemption from pt 4 of the Act‘ 19.(1) Ingoing contribution amounts for the retirement village are to be paid to the village operator’s solicitor to hold, on trust, as stakeholder. ‘ (2) The solicitor may invest an amount held under this section. ‘ (3) The village operator is entitled to the income from the investment. ‘ (4) The solicitor may release an amount held under this section only if— (a) the residence contract under which the amount was paid is terminated; and (b) the release is agreed to by the village operator and— (i) the resident by or for whom the amount was paid; or (ii) the resident’s personal representative. ‘ (5) The village operator is responsible for the solicitor’s remuneration and administration costs, including the cost of preparing any necessary documentation, in relation to amounts held by the solicitor under this section.

s 3 11 s 3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ˙ ‘ Conditions of exemption from other provisions ‘ 20.(1) The retirement village is exempt from the provisions (other than part 4 of the Act) mentioned in section 18 for the period the village is an approved hostel for financial assistance by way of recurrent subsidy under the Aged or Disabled Persons Care Act 1954 (Cwlth). ‘ (2) The exemption from section 48(1) and (2) of the Act is given on the further condition that a statement required to be presented to the annual meeting under the subsections is to be presented to the residents annually, but need not be presented at the annual meeting. ‘ PART 11—ST MARY’S HOSTEL ˙ ‘ Retirement village exempted ‘ 21. St Mary’s Hostel, 129 Wildey Street, Raceview, Ipswich is exempt from the application of parts 2 to 6 of the Act. ˙ ‘ Condition of exemption ‘ 22. The exemption is given for the period the retirement village is an approved hostel for financial assistance by way of recurrent subsidy under the Aged or Disabled Persons Care Act 1954 (Cwlth).

s 3 12 s 3 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ‘ SCHEDULE 3 ‘ FEES section 6 $ ‘ 1. Application for approval of a scheme for a retirement village under section 17 of the Act . . . . . . . . . . . . . . . . . . 1 264.80 2. Application for approval of a scheme extending an existing retirement village . . . . . . . . . . . . . . . . . . . . . . . . 315.90 3. Application for release of the whole of a statutory charge 127.00 4. Application for release of part of a statutory charge . . . . . 127.00 5. Application to the registrar to act on behalf of a resident in making application for grant of injunction . . . . . . . . . . . . 127.00 6. Application to the Minister for exemption under section 11(2) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . 314.90 7. Application to the Minister for exemption under section 11(3) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . 727.90 8. Inspection at the office of the registrar of public information documents relating to an approved retirement village scheme contained in the register kept under 11.20 section 23 of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Certified copy of, or an extract from, a document to which item 8 refers (in addition to the fee payable under item 8)— (a) for 1 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.20 (b) for each additional page . . . . . . . . . . . . . . . . . . . . . . 1.00 10. Uncertified copy of, or an extract from, a document to which item 8 refers (in addition to the fee payable under item 8), for each page . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00’.

s 4 13 s 5 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) PART 3—AMENDMENT OF REGULATION GAZETTED 26 OCTOBER 1991 ˙ Regulation amended in pt 3 4. This part amends the regulation 1 made under the Act and gazetted as an order in council on 26 October 1991 at pages 793 and 794. ˙ Amendment of first sentence 5.(1) First sentence, from ‘The Governor in Council’ to ‘the organization—’— omit, insert — ‘ Short title ‘ 1. This regulation may be cited as the Retirement Villages (Mission Congregation of the Servants of the Holy Spirit) Exemption Regulation 1991 . ‘ Exemption ‘ 2. The organisation specified in schedule A is an exempt organisation and is exempted—’. (2) First sentence, after paragraph (b)— insert — ‘(c) in its operation of the Holy Spirit Home retirement village at Beams and Carseldine Roads, Carseldine, from the application of the provisions of the Act specified in schedule D on the conditions stated in schedule E.’. 1 The instrument is taken to be a regulation under the StatutoryInstrumentsAct1992 , section 20C(3).

s 6 14 s 6 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) ˙ Insertion of new schs D and E 6. After schedule C— insert — ‘ SCHEDULE D ‘Sections 46 and 48(3) of the Act. ‘ SCHEDULE E ‘ Condition of exemption from s 46 of the Act‘ 1.(1) The organisation is exempt from section 46 of the Act only if— (a) its accounting records for the retirement village and retirement village scheme are consolidated with accounting records for another retirement village or scheme operated by the organisation at Beams and Carseldine Roads, Carseldine; and (b) the accounting records are audited annually. ‘ (2) In this section— “accounting records” , for a retirement village or retirement village scheme, means records and books of financial and other records mentioned in section 46 of the Act. ‘ Condition of exemption from s 48(3) of the Act‘ 2. The organisation is exempt from section 48(3) of the Act only if— (a) the organisation is also exempt under this regulation from section 46 of the Act; and (b) each resident present at the annual general meeting for the retirement village is given a copy of the financial statement, to the

s 6 15 s 6 Retirement Villages Legislation Amendment No. 272, 1997 (No. 1) extent that it relates to the retirement village, mentioned in section 48(2) of the Act.’. ENDNOTES 1. Made by the Governor in Council on 28 August 1997. 2. Notified in the gazette on 29 August 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of Consumer Affairs. © State of Queensland 1997