Certain people not to be operators
89 Certain people not to be operators
A person to whom this section applies commits an offence if the person—
is the operator of a retirement village; or
is involved in the promotion or sale of a residence right in relation to residential premises in a retirement village; or
in any way (whether directly or indirectly) is involved in, or takes part, in the management or control of a retirement village.
Maximum penalty: 50 penalty units.
An offence against subsection (1) is a strict liability offence.
This section applies to the following people:
a person who is bankrupt or personally insolvent;
a person who is a director of a Chapter 5 body corporate;
a person who was a director of a company that has been wound up (otherwise than voluntarily);
a person who has been convicted (in the ACT or elsewhere) of an offence involving—
physical violence to another person; or
fraud or dishonesty, if the offence is punishable on conviction by imprisonment for a period of not less than 3 months.
However, this section applies—
to a person mentioned in subsection (3) (c)—only for the period of 5 years following the day the company is wound up; and
to a person mentioned in subsection (3) (d)—only for the period of 5 years following the person’s conviction (or, if the person was sentenced to imprisonment, within the period of 5 years following the person’s release).
In this section:
Chapter 5 body corporate—see the Corporations Act, section 9.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.