Operator not to demand appointment as proxy
38D Operator not to demand appointment as proxy
S. 38D(1) substituted by No. 19/2025 s. 51(2).
The operator of a retirement village must not accept an appointment to act as the proxy of a resident of the retirement village.
Penalty: 60 penalty units.
S. 38D(2) repealed by No. 19/2025 s. 51(3).
* * * * *
A person who—
S. 38D(3)(a) amended by No. 19/2025 s. 51(4).
is a close associate of the operator of a retirement village; or
S. 38D(3)(b) amended by No. 19/2025 s. 51(4).
is nominated by the operator of a retirement village to be appointed to act as a proxy of a resident of the retirement village—
must not accept an appointment to act as a proxy of a resident of the retirement village.
- 60 penalty units.
S. 38D(4) amended by No. 19/2025 s. 51(5).
An appointment of the operator of the retirement village (or a close associate of the operator or a person nominated by the operator) as the proxy of a resident of the retirement village is void.
S. 38D(5) amended by No. 19/2025 s. 51(6).
Subsections (1)(b), (3) and (4) do not apply if the resident of the retirement village who makes the appointment is a relative of the operator, the close associate or nominated person (as the case requires).
This section has effect despite any term of the proxy.
Pt 6A Div. 3 (Heading and ss 38E–38H) inserted by No. 4/2005 s. 16, substituted by No. 19/2025 s. 52.
This Act’s bill:Second reading speech
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