Requesting or accepting holding deposit

Current

(1)

The operator of a retirement village commits an offence if the operator requests or accepts payment of a holding deposit in relation to residential premises in the village occupied by a resident.

Maximum penalty: 50 penalty units.

(2)

An offence against subsection (1) is a strict liability offence.

(3)

Subsection (1) does not apply if the resident has given the operator written notice of the resident’s intention to vacate the residential premises.

Note

The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

This Act’s bill:Explanatory statement Second reading speech

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37 Requesting or accepting holding deposit