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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
This Bill is cognate with the Fair Trading Amendment Bill 1998.
(i)
retired persons who occupy residential premises in a complex
that was a retirement village when they entered their residence
contract but which is now predominantly occupied by persons
who are not retired, and
(ii)
the authorities that administer such premises, and
(b) to enable the Residential Tenancies Tribunal to adjudicate on disputes
concerning the proposed annual budget of a retirement village. and
(c) to make consequential and other minor amendments.
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the Schedule of amendments.
Schedule 1
Amendments
Schedule 1 [1] inserts proposed section 5A, which extends the Principal Act
to:
(a)
retired persons who occupy residential premises in a complex that was
a retirement village when they entered their residence contract but
which is now predominantly occupied by persons who are not retired,
and
(b) the authorities that administer such residential premises.
The section does this by extending references to a resident and an
administering authority of a retirement village in the Principal Act to cover
such persons occupying such premises, and such administering authorities.
Schedule 1 [2] amends section 14 (1) (a) as a consequence of the amendment
made by Schedule 1 [3].
Schedule 1 [3] inserts proposed section, 14A which enables the Residential
Tenancies Tribunal to adjudicate on disputes between residents of a
retirement village and the administering authority about the proposed annual
budget for the village. The proposed section sets out the requirements for
bringing the dispute before the Tribunal, determining factors that the Tribunal
may take into account in considering an application, and the orders the
Tribunal may make in respect of such a dispute (including the fixing of
residents' fees for a 12 month period).
Schedule 1 [4] and [5] amend Schedule 1 to enable regulations of a savings
or transitional nature to be made as a consequence of the enactment of the
proposed Act.
Schedule 1 [6] amends Schedule 1 to include a savings and transitional
provision as a consequence of amendments made by the proposed Act.
Explanatory note page 2