Retirement Villages Act 1992

The rights of a resident to payment of an exit entitlement are a charge on land in the retirement village other than —

residential premises owned by a resident; or

any other prescribed part of, or interest in, a retirement village.

Subsection (1) has effect whether or not the charge is registered.

The charge has priority over all mortgages, charges and encumbrances created or arising in relation to the land after registration of the relevant memorial under section 15.

Land which is charged under this section continues to be liable to the charge despite any change in ownership, and, subject to subsection (1) and section 19(6), the charge is enforceable against any operator for the time being of the land, whether or not that operator has notice of the charge.

The —

interests and rights mentioned in the proviso to section 68 of the Transfer of Land Act 1893;

interests and rights prescribed for the purposes of this subsection,