Retirement Villages Act 1992

An owner of a lot may apply to the Tribunal for, and the Tribunal may make, an order directing the Registrar of Titles to amend the Register under the Transfer of Land Act 1893 so that a memorial registered under section 15 is no longer registered against the lot.

The application may (but need not) be made and heard concurrently with an application for an order under Part 3D.

The Tribunal may make the order only if satisfied that —

the lot is not, or from a specified date will not be, used for the purposes of a retirement village; and

the value of the land used for the purposes of the retirement village, other than the lot, is sufficient to secure the right of each resident or former resident of the retirement village to the payment of any exit entitlement.

The Tribunal may amend an order made under this section.

An order under this section takes effect on the later of the following —

the day specified in the order;

the day when the order is lodged for registration with the Registrar of Titles —

in the form approved by the Registrar of Titles; and

accompanied by the fee prescribed under the Transfer of Land Act 1893.

The Tribunal’s powers under this section are exercisable only by —

a judicial member; or

the Tribunal constituted by a judicial member and other members.