RETIREMENT VILLAGES ACT 1999 - SECT 11 Application of Act

RETIREMENT VILLAGES ACT 1999 - SECT 11

11 Application of Act

(1) This Act applies to all retirement villages (whether established before or after the commencement of this section) and so applies despite the terms of any contract, agreement, scheme or arrangement (whether made or entered into before or after the commencement of this section).

(2) This Act extends to apply to and in respect of--

(a) a retired person who continues to occupy residential premises in a former retirement village that was a retirement village when the retired person took up residence in the premises, and

(b) a retired person who has a right to occupy residential premises in a former retirement village that was a retirement village when the right was obtained, and

(c) a former resident of a former retirement village who continues to have rights or liabilities under the contract, agreement or arrangement under which he or she occupied (or had the right to occupy) the residential premises in the former retirement village when it was a retirement village, and

(d) the person who is the other party to the contract, agreement or arrangement under which the retired person occupies or occupied (or has or had the right to occupy) the residential premises in the former retirement village,

even though the former retirement village is no longer a retirement village.

(3) However, this Act does not so apply in respect of any place or part of a place referred to in section 5 (3).

(4) The regulations may prescribe other modifications to the application of this Act for the purposes of this section.

(5) For the purposes of this Act--

(a) a reference in this Act to a resident of a retirement village includes a reference to a person described in subsection (2) (a), (b) or (c), and

(b) a reference in this Act to the operator of a retirement village includes a reference to the person referred to in subsection (2) (d).

(6) In this section,
"former retirement village" means a complex that was previously, but is no longer, a retirement village within the meaning of this Act (even if it ceased to be such a retirement village before the commencement of this Act).