Sale of capital items to residents
146 Sale of capital items to residents
The operator of a retirement village commits an offence if—
the operator sells a capital item for which the operator is responsible; and
the sale is to a resident of the village; and
the sale is not in accordance with the requirements prescribed by regulation.
Maximum penalty: 20 penalty units.
An offence against this section is a strict liability offence.
A contract, agreement, scheme or arrangement is unenforceable to the extent that it purports to sell, or pass responsibility for the maintenance or replacement of, capital items in contravention of subsection (1).
Subsection (1) does not apply to the sale of residential premises, or fixtures in residential premises, in a retirement village.
The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
In this section:
resident includes a prospective resident.
sell, a capital item to a resident, includes pass responsibility for the capital item, directly or indirectly, to the resident.
Division 7.3 Recurrent charges
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
- Retirement Villages Regulation 2013 · under s 264
This Act’s bill:Explanatory statementSecond reading speech
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