Regulation-making power
264 Regulation-making power
The Executive may make regulations for this Act.
A regulation may make provision in relation to the following:
applications to the ACAT, including applications by residents committees and operators of retirement villages;
parties to applications to the ACAT by the operator of a retirement village.
A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences.
Schedule 1 Consent of residents (see s 15)
Part 1.1 Preliminary
1.1 Entitlement to vote
A former occupant of a retirement village may vote on a measure or action relating to the village if the former occupant is, or would have been, entitled to vote on the measure or action as a resident.
Part 1.2 Consent generally
1.2 Vote to be taken
If this Act provides that a particular measure or action is of no effect unless it is consented to by the residents of a retirement village, or otherwise requires the consent of the residents, the residents are taken to have given their consent if more than 50% of the residents who vote on the measure or action consent to it.
Subsection (1) does not apply to a measure or action that requires a special resolution.
In this section:
resident means a resident entitled to vote.
vote includes vote by proxy.
1.3 Method of voting
A vote in relation to a measure or action (other than a measure or action that requires a special resolution) may be taken by means of—
a show of hands; or
a written ballot conducted in accordance with a regulation.
A regulation may require a vote in relation to a measure or action of a particular class or kind to be taken by means of a written ballot.
1.4 Result of vote
The operator of a retirement village must accept as the residents’ decision in relation to a measure or action that requires their consent the decision that is reported to the operator by—
a person who holds an office on the residents committee for the village; or
if there is no residents committee for the village—a resident elected in accordance with section 1.3 as the representative of the residents of the village in relation to the measure or action concerned.
A regulation may make provision in relation to the election of a representative of residents under subsection (1) (b).
Part 1.3 Consent requiring special resolution
1.5 Written ballot required for special resolution
A vote in relation to a measure or action that requires a special resolution must be taken by means of a written ballot conducted in the way prescribed by regulation.
1.6 How special resolution is carried
A special resolution is carried only if it is passed by at least 75% of the number of residents of the retirement village who participate in the written ballot.
Dictionary (see s 3)
The Legislation Act contains definitions and other provisions relevant to this Act.
For example, the Legislation Act, dict, pt 1, defines the following terms:
ACAT
Australian statistician
authorised deposit-taking institution
bankrupt or personally insolvent
commissioner for fair trading
Corporations Act
director-general (see s 163)
doctor
domestic partner (see s 169 (1))
exercise
fail
function
housing commissioner
lawyer
Magistrates Court
public trustee and guardian
registrar-general
Supreme Court
the Territory.
accounts, of a retirement village, means the accounts mentioned in division 7.5 (Annual accounts).
administrator means an administrator appointed under an order made under division 6.6 (Administrators, receivers and managers).
annual management meeting means the meeting mentioned in section 107.
approved annual budget, for a financial year of a retirement village, means a proposed annual budget taken to be an approved annual budget under section 165.
capital gain—see section 13.
capital item, for which the operator of a retirement village is responsible, for division 7.2 (Capital maintenance and replacement)—see section 135 (1).
capital maintenance, for division 7.2 (Capital maintenance and replacement)—see section 135 (1).
capital replacement, for division 7.2 (Capital maintenance and replacement)—see section 135 (1).
capital works fund means a fund established under section 143.
close associate, of the operator of a retirement village, means—
an agent or employee of the operator; and
if the operator is an individual—
the domestic partner, parent, child or sibling of the operator; or
the parent, child or sibling by marriage of the operator; or
a body corporate of which the operator (or the operator’s domestic partner, parent, child or sibling, or the operator’s parent, child or sibling by marriage) is a director or secretary; and
if the operator is a body corporate—
a director or secretary of the body corporate or of a related body corporate (within the meaning of the Corporations Act); or
the domestic partner, parent, child or sibling (or the parent, child or sibling by marriage) of a director or secretary; or
a related body corporate.
community title scheme—see the Community Title Act 2001, dictionary.
company title scheme means a scheme under which a group of adjoining or adjacent premises (including residential premises) is owned or leased by a corporation each of whose shareholders has, because of the shareholder’s shares, an exclusive right (under a lease or otherwise) to occupy 1 or more of the residential premises.
condition report—see section 59 (1).
contract for the sale, of residential premises occupied under a company title scheme—see section 9.
departure fee—see section 214.
development approval—see the Planning Act 2023, dictionary.
disclosure statement means a statement mentioned in section 24.
disputes committee—see section 175A (1).
end of the settling-in period, for a village contract, for division 5.2 (Settling-in period for residents)—see section 71.
financial year, for a retirement village, means the period fixed under section 134.
former occupant, of a retirement village—
means a resident, or a former resident, of the village—
who has permanently vacated residential premises in the village; and
if the person is not a registered interest holder—whose residence contract has been ended; and
who continues to have rights or liabilities under a village contract in relation to the village; and
includes the executor or administrator of the estate of a person mentioned in paragraph (a).
general inquiry document means a document mentioned in section 23.
general services—
means services provided, or made available, by or on behalf of the operator of a retirement village, to all residents of the village; and
includes services prescribed by regulation.
Examples
management and administration
gardening and general maintenance holding deposit, for part 4 (Entry into retirement villages)—see section 32.
ingoing contribution—see section 11.
investigator means an investigator appointed under the Fair Trading (Australian Consumer Law) Act 1992, section 36.
judicial body, for part 12 (Administration)—see section 250.
operator, of a retirement village—see section 7.
optional services—
means optional services made available, by or on behalf of the operator of a retirement village, to individual residents of the village; and
includes services prescribed by regulation.
Examples laundry, meals, cleaning residential premises owners corporation, for a units plan—see the Unit Titles (Management) Act 2011, dictionary.
permanently vacated, residential premises—
for this Act generally—see section 14; and
for part 10 (Matters relating to vacation of premises)—see section 207.
proposed annual budget, for a financial year of a retirement village, for division 7.4 (Proposed and approved annual budgets)—see section 158.
prospective resident, of a retirement village, means a person who indicates (or on whose behalf it is indicated) to the operator of the village that the person is or might be interested in becoming a resident of the village.
proxy, of a resident of a retirement village, means a person appointed by the resident for voting on the resident’s behalf at residents meetings.
quarterly accounts, for a quarter for a retirement village, means the accounts of the village’s income and spending for the quarter.
recurrent charge means an amount (including rent) payable under a village contract, on a recurrent basis, by a resident of a retirement village.
Levies payable under a community title scheme or units plan are not recurrent charges (because they are not payable under a village contract).
refurbishment, of residential premises the subject of a residence contract, for division 10.4 (Repair and refurbishment of residential premises)—see section 218.
registered interest holder, in relation to residential premises in a retirement village—see section 12 (1).
registered long-term sublessee, of residential premises in a retirement village—see section 12 (1).
registered provider, of a residential care home, means the registered provider under the Aged Care Act 2024 (Cwlth).
relative, of a person, means the following:
a grandparent, parent, sibling or child of the person;
a grandparent, parent, sibling or child of the person by marriage;
a step-grandparent, step-parent, step-brother, step-sister or step‑child of the person;
an aunt or uncle of the person.
rescission notice—see section 55 (1).
residence contract means a contract that gives rise to a residence right.
residence right, of a person—see section 8.
resident, of a retirement village—
means a retired person who has a residence right in relation to residential premises in the village; and
includes the following people (each of whom is taken also to have a residence right in relation to the residential premises):
the domestic partner of the retired person, if the domestic partner occupies the residential premises with the retired person;
a person prescribed by regulation;
a person mentioned in section 15A (1) (a), (b) or (c) (Application to residents and operators of former retirement villages);
for part 6 (General management of retirement villages)—see section 77A;
for part 7 (Financial management of retirement villages)—see section 133A;
for part 8 (except division 8.1A)—see section 174A;
for division 10.5 (Sale or letting of premises by certain residents)—see section 221A.
residential care home means a residential care home under the Aged Care Act 2024 (Cwlth).
residential premises means premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence.
residential tenancy agreement—see the Residential Tenancies Act 1997, section 6A.
residents committee means a committee established under section 103.
retired person means a person who is 55 years old or older or has retired from full-time employment.
retirement village—see section 10.
sale, of residential premises occupied under a company title scheme—see section 9.
sale of residential premises, for part 10 (Matters relating to vacation of premises)—see section 208.
sale price, of residential premises occupied under a company title scheme—see section 9.
service contract means a contract under which general or optional services are provided to a resident of a retirement village.
services and facilities means services and facilities provided by or on behalf of an operator of a retirement village.
special resolution means a resolution under schedule 1, part 1.3.
standard form contract—see section 67.
standard term, in relation to a village contract, means a term in a standard form contract that applies to the village contract.
tenant means a person who has a right to occupy residential premises in a retirement village under a residential tenancy agreement—
entered into under division 10.5 (Sale or letting of premises by certain residents); or
that contains a term to the effect that this Act does not apply to the residential premises the subject of the agreement.
A tenant is not a resident because a tenant does not have a residence right in relation to residential premises in a retirement village—see div 10.5.
termination notice—see section 185 (2).
trustee, for part 4 (Entry into retirement villages)—see section 32.
unit—see the Unit Titles Act 2001, section 9.
units plan—see the Unit Titles Act 2001, dictionary.
urgent, for division 7.2 (Capital maintenance and replacement)—see section 136.
village contract—
for this Act generally—means any of the following:
a residence contract;
a service contract;
a contract under which a resident of a retirement village obtains the right to use a garage or parking space, or a storage room, in the village;
a contract of a kind prescribed by regulation; and
A residence contract, service contract and any other village contract may be contained in a single document.
for division 10.3 (Departure fees)—see section 215.
village rules means the rules made under division 6.1 (Village rules).
waiting list fee, for a retirement village, for part 4 (Entry into retirement villages)—see section 32.
This provision refers to the regulations (may make regulations
, a regulation
, 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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