Retirement Villages Act 2012

For this Act, a person has permanently vacated residential premises in a retirement village when—

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

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

the ACAT makes an order under section 198 (Abandoned premises) declaring that the person’s residential premises were abandoned by the person; or

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.

For subsection (1) (c), the person is taken to have permanently vacated the residential premises on the day stated in the order.