"capital maintenance" means works carried out for the purpose of repairing or
maintaining an item of capital and includes works prescribed by the
regulations as being capital maintenance, but does not include works that are
prescribed by the regulations as not being capital maintenance.
"capital replacement" means works carried out for the purpose of replacing an
item of capital, but does not include capital maintenance.
"capital works fund" means a fund established under section 99.
(ii) the parent, child or sibling by marriage
of the operator, or
(iii) a body corporate of which the operator (or the
operator's spouse, de facto partner, parent, child or sibling, or the
operator's parent, child or sibling by marriage) is a director or secretary,
and
(i) a director or secretary of
the body corporate or of a related body corporate (within the meaning of the
Corporations Act 2001 of the Commonwealth), or
(ii) the spouse,
de facto partner, parent, child or sibling (or the parent, child or sibling by
marriage) of such a director or secretary, or
(iii) a related body corporate,
and
(c) in either case--an agent or employee of the operator.
"company title scheme" means a scheme under which a group of adjoining or
adjacent premises (including residential premises) is owned or leased by a
corporation each of whose shareholders has, by virtue of his or her shares, an
exclusive right (under a lease or otherwise) to occupy one or more of the
residential premises.
"condition report" means a report referred to in section 38.
"Consumer Price Index" means the Consumer Price Index (All Groups) for Sydney
as published by the Australian Statistician.
(c) who continues to have rights or
liabilities under a village contract relating to the village,
and includes,
except in Part 10AA, the executor or administrator of the estate of such a
person.
"function" includes a power, authority or duty.
"general inquiry document" means a document referred to in section 18 (2).
"general services" means services provided, or made available, by or on behalf
of the operator, to all residents of a retirement village, and includes such
services as may be prescribed by the regulations for the purposes of this
definition.
Note : Examples of general services are management and
administration services and gardening and general maintenance.
"prospective resident" of a retirement village means a person who indicates
(or on whose behalf it is indicated) to the operator of the village that he or
she is (or might be) interested in becoming a resident of the village.
"residential aged care facility" means any residential accommodation for
retired people that includes--
(a) meals and cleaning services, and
(b)
personal care or nursing care, or both, and
(c) appropriate staffing,
furniture, furnishings and equipment for the provision of that accommodation
and care.
"residential premises" means any premises or part of premises (including any
land occupied with the premises) used or intended to be used as a place of
residence.
(c) a contract under which a resident of a
retirement village obtains the right to use a garage or parking space, or a
storage room, in the village, or
(d) any other contract of a kind prescribed
by the regulations for the purpose of this definition.
(2) For the purposes of the definition of
"residence right" in subsection (1), it does not matter that the person who
obtains the right--
(a) is a corporation, if the premises concerned are
intended for use as a residence by a natural person, or
(b) obtains it for
the purpose of allowing another person to live in the residential premises
(instead of the person who obtained the right),
and in those cases, a
retired person who lives in the premises with the consent of the corporation
or of the person (as the case may be) is taken to have the residence right.
Note : Subsection (2) would apply in the case, for example, of a person who
buys a strata-titled unit in a retirement village for the person's parent to
live in.
(3) In this Act, a reference to the sale, the sale price, or a
contract for the sale, of residential premises in a retirement village that
were or are to be occupied under a company title scheme is taken to be a
reference to the sale, the sale price, or a contract for the sale, of the
residence right in respect of the premises.
(4) It is sufficient compliance
with the requirements of this Act if--