Retirement Villages Act 2012

The operator of a retirement village commits an offence if—

the operator receives an amount as—

a holding deposit; or

a deposit under a village contract; and

fails to give the amount to a trustee to hold on trust.

Fail includes refuse (see Legislation Act, dict, pt 1).

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

A receipt issued by a trustee in relation to an amount received under subsection (1) is evidence that a person has not contravened subsection (1).

Subsection (1) does not apply in relation to an amount held by an operator of a retirement village if the operator is a body constituted or established—

by an Act; or

for a benevolent, philanthropic or patriotic purpose.

A defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 58).

Subsection (1) (a) (ii) does not apply in relation to a contract for the sale of residential premises if the contract provides for the way in which the deposit is to be held.

A defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 58).