Failure to give receipt for payment of recurrent charges
156 Failure to give receipt for payment of recurrent charges
A person commits an offence if the person—
receives a payment for recurrent charges owing under a resident’s village contract; and
fails to give a receipt for the payment to the person entitled to it—
if the payment was made in person—at the time the payment is made; or
if the payment was not made in person—as soon as practicable after the payment is made.
Maximum penalty: 5 penalty units.
An offence against this section is a strict liability offence.
A receipt for the payment of recurrent charges must include the following:
the name of the operator of the retirement village;
the name of the resident paying the recurrent charges;
the resident’s address at the village;
the period for which the recurrent charge is paid;
the day the payment is received;
the amount of the payment.
Subsection (1) does not apply to recurrent charges paid by agreement between the resident and the operator into an account at an authorised deposit-taking institution nominated by the operator.
The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
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