Northern Territory Consolidated Acts

RETIREMENT VILLAGES ACT - SECT 3

(1) In this Act, unless the contrary intention appears -

administering authority , in relation to a retirement village, means the person by or on whose behalf the retirement village is administered and includes a person (other than a resident) who owns land within the village.

authorised officer means a person who is an authorised officer under the Consumer Affairs and Fair Trading Act .

Chief Health Officer means the Chief Health Officer appointed under the Public Health Act .

code means a code of practice prescribed under the Consumer Affairs and Fair Trading Act or this Act which relates to retirement villages.

Commissioner means the Commissioner of Consumer Affairs appointed under the Consumer Affairs and Fair Trading Act .

premium means a payment (including a gift) made to the administering authority of a retirement village in consideration for, or in contemplation of, admission of the person by or on whose behalf the payment was made as a resident of the retirement village (including any such payment made for the purchase of a residential unit in the retirement village or for the purchase, issue or assignment of shares conferring a right to occupy any such residential unit) but does not include -

(a) a payment excluded by the Regulations; and

(b) a recurrent charge.

recurrent charge means an amount (including rent) payable by a resident to the administering authority of a retirement village on a recurrent basis.

Register means the Register within the meaning of the Land Title Act .

registered means registered under the Land Title Act .

residence contract means a contract, agreement, scheme or arrangement by which a person obtains the right to occupy residential premises in a retirement village, and may take the form of a lease or licence.

residence rules means the rules with which residents of a retirement village are expected by the administering authority to comply, but does not include any articles or by-laws (to which the residents are subject) in force under the Unit Titles Act .

resident , in relation to a retirement village, means a person who occupies residential premises in a retirement village under a residence contract, and includes a person who occupies such premises and who is or was a spouse or de facto partner of such a person.

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.

retired person means a person who has attained the age of 55 years or retired from full-time employment or a person who is or was a spouse or de facto partner of such a person.

retirement village means a complex containing residential premises (whether or not including hostel units) predominantly or exclusively occupied or intended to be predominantly or exclusively occupied by retired persons.

(2) For the purpose of determining whether a contract, agreement, scheme or arrangement is a residence contract it does not matter that the person granted the right of occupation is a corporation if the premises are used, or intended for use, as a residence by a natural person.

(3) For the purposes of the definition of administering authority , where land within a retirement village is the subject of title under the Unit Titles Act or Unit Title Schemes Act , the body corporate established, or the corporation formed, for the land by that Act may be the administering authority of the retirement village.

(4) Where a corporation established under the Unit Titles Act , or a body corporate formed under Unit Title Schemes Act , is the administering authority of a retirement village, it -

(a) shall comply with the rules laid out in that Act in respect of the processes to be followed in making decisions as the administering authority; and

(b) may hold meetings required by this Act or a code relating to the retirement village in conjunction with meetings required under that Act.

(5) In this Act, a reference to the Court means -

(a) the Local Court; or

(b) where the jurisdictional limit of the Local Court is exceeded, the Supreme Court except where the parties consent in writing to the Local Court hearing and determining the proceedings.

(6) Land shall not be taken to be subdivided for the purposes of the Planning Act by the grant of a right to occupy residential premises in a retirement village under a residence contract.