Statements to former occupants who were not registered interest holders
238A Statements to former occupants who were not registered interest holders
This section applies if the operator of a retirement village—
refunds a former occupant’s ingoing contribution under section 238 (2); or
makes another payment to a former occupant of residential premises in the village under section 238 (5).
At the same time as the payment is made, the operator must give the former occupant a statement setting out the following and showing how the amounts were calculated:
the departure fee (if any) payable by the former occupant;
accrued or outstanding recurrent charges (if any) payable by the former occupant;
any amount payable by the former occupant in relation to repairs required to the residential premises under section 219 (Condition of premises on ending of residence contract);
any other amount payable by the former occupant under a village contract;
in relation to the part of a refund mentioned in section 238 (5)—the amount of the ingoing contribution of the incoming resident of the premises;
the amount of the payment to the former occupant.
The operator of the village commits an offence if the operator does not comply with subsection (2).
Maximum penalty: 10 penalty units.
An offence against this section is a strict liability offence.
This Act’s bill:Explanatory statementSecond reading speech
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