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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Retirement Villages Amendment
Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Retirement Villages Act 1999 No 81 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Retirement Villages Amendment
Bill 2004
Act No , 2004
An Act to amend the Retirement Villages Act 1999 to make further provision
with respect to the rights and obligations of residents of retirement villages; and
for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Retirement Villages Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Retirement Villages Amendment Act 2004.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Retirement Villages Act 1999 No 81
The Retirement Villages Act 1999 is amended as set out in
Schedule 1.
Page 2
Retirement Villages Amendment Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 8 "Permanent vacation" of residential premises
Insert "or is taken to be an owner because of section 150 (1) (b)" after "the
operation of section 4 (2)" in section 8 (d).
[2] Section 116 Expenditure to be in accordance with statement of
approved expenditure
Insert "or any amendment authorised under section 117" after "approved
expenditure" in section 116 (3).
[3] Section 117
Omit the section. Insert instead:
117 Amendment of statement of approved expenditure
(1) The operator may seek the consent of the residents to amend
the statement of approved expenditure.
(2) If the residents consent to the amendment, the operator is
authorised to expend money in accordance with the amended
statement of approved expenditure.
(3) If the residents do not consent to the amendment, the operator
may apply to the Tribunal for an order approving the
amendment. If the Tribunal makes such an order, the operator
is authorised to expend money in accordance with the
amended statement of approved expenditure.
(4) In the case of an amendment that relates to further
expenditure, the Tribunal is not to make an order under
subsection (3) unless the Tribunal is satisfied that:
(a) there is an urgent need for the further expenditure, and
(b) the further expenditure was not reasonably foreseeable
when the statement of proposed expenditure was
approved under section 116.
Page 3
Retirement Villages Amendment Bill 2004
Schedule 1 Amendments
[4] Section 129 How and when residence right or contract is
terminated
Insert after section 129 (1):
(1A) A residence right arising from a residence contract that is in
the form of an assignable lease terminates on the assignment
of the lease.
[5] Section 129 (2)
Insert "or premises that are subject to an assignable lease" after "other than
premises owned by the resident".
[6] Section 150 References to "owner" and sale of "residential
premises"
Omit section 150 (1) (b). Insert instead:
(b) who does not own the premises but whose residence
contract:
(i) is in the form of a registered long-term lease, and
(ii) includes a provision that entitles the resident or
former occupant to at least 50% of any capital
gains in respect of the premises.
[7] Section 150 (3)
Insert at the end of the section:
(3) For the purpose of subsection (1) (b), registered long-term
lease means a lease registered under the Real Property Act
1900 that:
(a) has a term of at least 50 years (inclusive of any option
to renew), or
(b) is for the life of the lessee.
[8] Section 151 Recurrent charges in respect of personal services
Omit section 151 (1). Insert instead:
(1) A resident of a retirement village who is temporarily absent
from the village for a period of at least 28 days is not liable to
pay, in respect of the remainder of that period of absence,
recurrent charges for personal services.
Page 4
Retirement Villages Amendment Bill 2004
Amendments Schedule 1
(1A) In the case where the resident concerned has moved out or
died, the liability to pay recurrent charges for personal
services ceases as from the date the resident moved out or the
date on which the operator is notified of the resident's death,
as the case may be. However, any such liability does not cease
in relation to services provided before that date.
[9] Section 151 (3)
Omit the subsection.
[10] Section 174 Letting or subletting of premises
Insert after section 174 (1):
Note. As a consequence of section 8 (d), a resident or former occupant
may retain possession of residential premises (ie they are not required
to hand over the keys to the operator) in order to enable the premises to
be let or sublet.
[11] Section 208 Review of Act
Omit section 208 (2) and (3). Insert instead:
(2) The review is to be undertaken as soon as possible after the
commencement of the Retirement Villages Amendment Act
2004.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the
commencement of the Retirement Villages Amendment Act
2004.
[12] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Retirement Villages Amendment Act 2004
Page 5
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