Retirement Villages Act 1992

Subject to section 77A, this section applies to these persons —

a person who is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws;

a person who has been convicted, within or outside Western Australia, of —

an offence involving violence to another person punishable on conviction by imprisonment for not less than 3 months; or

an offence involving fraud or dishonesty punishable on conviction by imprisonment for not less than 3 months; or

an offence under The Criminal Code Chapter XXXI or an offence that, if committed in Western Australia, would constitute such an offence; or

a prescribed offence;

a person who is disqualified from managing corporations under the Corporations Act 2001 (Commonwealth) Part 2D.6;

a person who was a director of, or concerned in the management of, a corporation, as defined in the Corporations Act 2001 (Commonwealth) section 57A, when it was wound up otherwise than voluntarily;

a person prescribed as a person to whom this section applies.

A person to whom this section applies must not —

be the operator of a retirement village; or

be in any way, whether directly or indirectly, concerned in the administration of a retirement village.

In proceedings for an offence against subsection (2), it is a defence to prove that, at the time the offence occurred, the accused held a current exemption certificate granted under section 77C.

A person must not employ or engage a person to whom this section applies if the person’s employment or engagement is or is to be in any way, whether directly or indirectly, concerned in the administration of a retirement village.

In proceedings for an offence against subsection (4), it is a defence to prove that, at the time the offence occurred, the person employed or engaged held a current exemption certificate granted under section 77C.