Northern Territory Consolidated Acts

RETIREMENT VILLAGES ACT - SECT 36

(1) Where land is or is to be used as a retirement village, a record of that fact shall be made in the Register.

(2) The registered proprietor, within the meaning of the Land Title Act , of land referred to in subsection (1) shall apply, in the prescribed form, to the Registrar-General for the recording in the Register of the fact as required by that subsection -

(a) if the retirement village was established before the commencement of this Act, not later than 3 months after that commencement; or

(b) in any other case, before any person is admitted to occupation of residential premises of the retirement village or before any person pays the whole or any part of a premium.

Penalty: $30,000 in the case of an individual.

$150,000 in the case of a body corporate.

(3) Where land is subject to the Unit Titles Act , an application under subsection (2) shall be made by the corporation constituted under that Act for the units or building lots on the land.

(3A) If the land is scheme land of a scheme as defined in the Unit Title Schemes Act , the body corporate (as defined in that Act) of the scheme must make an application under subsection (2) for the units of the scheme.

(4) The Registrar-General, on receiving an application under subsection (2), shall notify each person who holds a registered mortgage, registered charge or registered encumbrance over land to which the application relates of the making of the application and that the Registrar-General will make a record in the Register that the land is or is to be used as a retirement village.

(5) The Registrar-General shall, on making a record in the Register that land is or is to be used as a retirement village, notify the owner of the land that the record has been made.

(6) Where this section requires a notice to be given to a person, the requirement is satisfied if the notice is -

(a) given personally to the person;

(b) sent by security post or certified post or by facsimile -

(i) to the address for service noted in the Register;

(ii) in the case of a corporation, either to that address or to the address of the corporation's registered office for the purposes of the Corporations Act 2001; or

(iii) where the address or addresses authorised by subparagraphs (i) and (ii) appear to the Registrar-General to be unsatisfactory, to any other address which the Registrar-General may consider appropriate; or

(c) published in such manner as the Registrar-General may direct.