Operator not to require residents to patronise particular businesses
97 Operator not to require residents to patronise particular businesses
The operator of a retirement village commits an offence if the operator restricts the capacity of a resident of the village to buy goods and services from a person.
Maximum penalty: 10 penalty units.
Example preventing a resident from obtaining meals-on-wheels services
An offence against subsection (1) is a strict liability offence.
Subsection (1) does not apply if the operator prohibits a goods or service provider from entry (or further entry) into the retirement village because the provider has—
unduly disturbed the peace and quiet of the village; or
failed to observe reasonable rules of conduct established by the operator; or
contravened a village rule about motor vehicle traffic that is displayed in, or near the boundary of, the village.
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 statementSecond reading speech
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