Section 1 — Short title — Retirement Villages Act 1992 (Western Australia) — Barrister AI

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Section 1 — Short title — Retirement Villages Act 1992 (Western Australia) — Barrister AI

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s 1Short title s 2Commencement s 3Terms used s 4Act binds Crown s 5Application of Act s 6Contracting out s 7Effect of Act on other legislation s 7ACommissioner s 8Functions of Commissioner s 9Commissioner may commence or defend proceedings for party s 10Delegation by Commissioner s 11Protection of officers s 11AInformation officially obtained to be confidential s 11BPowers of investigation s 12Annual report s 13Residence contract s 13AResidence contracts enforceable against current operators s 14AResidence contracts and service contracts to comply with prescribed requirements s 14BCommunity arrangements statements s 14CProspective resident information statements s 14DProperty condition report at start and end of occupation of residential premises s 14Cooling‑off period s 15Owner to deliver memorial s 15AAmendment of memorial s 16Occupation right not to be created unless memorial is lodged s 17Termination of residence rights s 18Ingoing contributions s 19Service contracts s 20Charges s 21Enforcement of charge s 21ARules of conduct for operators and residents s 21BFinancial arrangements and budget obligations s 22Termination of retirement village scheme s 25Operator not to require payment in respect of prescribed matters s 26Term used: resident s 27Reinstatement and renovation of residential premises s 28Liability for recurrent charges s 29Payment of exit entitlements s 30Resident’s payment of recurrent charges from exit entitlement s 31Operator’s payment of exit entitlement for aged care s 32Residential premises to which Division applies s 33Buyback of residential premises that are owned s 34Requirements for buyback s 35Timing of purchase s 36Terms of contract s 37Valuations — exit entitlements and buybacks s 38Extensions — exit entitlements and buybacks s 39Exemptions — exit entitlements and buybacks s 40Resident’s remedies for contraventions of Part s 41Terms used s 41ACapital items generally s 41BPlans for capital maintenance and capital replacement s 41CCapital maintenance s 41DCapital replacement s 41EExcessive or insufficient money in capital maintenance fund s 41FResidents’ meetings s 41GSpecial resolutions s 41HResidents’ committee s 41ITerms used: modification and modification plan s 41JProhibition on modifications s 41KException to prohibition: prescribed modifications s 41LException to prohibition: disclosed modifications s 41MException to prohibition: non‑detrimental modifications s 41NException to prohibition: modifications in accordance with approved modification plans s 41OTribunal orders relating to modification plans s 41PTribunal orders to remedy operator’s contraventions of Part s 41QApplications for Tribunal orders s 41RDispute resolution otherwise than by Tribunal s 44Extension of time s 48Reference of certain matters concerning operators s 54Jurisdiction of Tribunal if title to land in question s 54AJurisdiction of Tribunal under Community Titles Act 2018 s 54BJurisdiction of Tribunal under Strata Titles Act 1985 s 55Disputes in relation to residence contracts s 56Disputes in relation to service contracts s 57ADisputes in relation to recurrent charges or levy payable by residents s 57Applications relating to transfer of residents s 58Termination of occupation on medical grounds s 59Termination of occupation on grounds of breach of residence contract or rules s 60Parties to minimise loss from breach of residence contract s 61Tribunal may waive defect in notice of intention to terminate s 62Tribunal may terminate residence contract if resident causes serious damage or injury s 63Tribunal may terminate residence contract if operator would otherwise suffer undue hardship s 64Suspension or refusal of orders to terminate s 66Recovery of possession of premises prohibited except by order s 67Liability of resident remaining in possession s 68Abandoned premises s 69Right of operator to compensation if resident abandons premises s 70Goods abandoned by resident after residence contract is terminated s 74Protection s 75ATerms used s 75BTribunal may appoint statutory manager on application of Commissioner s 75CProposed statutory manager must consent to appointment s 75DVariation and revocation of orders s 75EMatters to be dealt with in order appointing a statutory manager s 75FOther matters arising from appointment of statutory manager s 75GAppointment of both statutory manager and external administrator s 75HOperator to cooperate with statutory manager s 75ITribunal may require reports and recommendations from statutory manager s 75Rescission of contract s 76Persons who are not to be involved in administration of retirement villages s 77ALimitation of period for which section 76 applies to certain persons s 77BOffences by persons involved in administration of retirement village s 77CCommissioner may grant exemption certificates s 77Non‑compliance may be excused by Court s 79Liability of officers for offence by body corporate s 80Time for commencing proceedings s 82Regulations s 83Review of Act s 84Savings and transitional

Schedule 1 — Savings and transitional provisions

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1 Short title

This Act may be cited as the Retirement Villages Act 1992.

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