RETIREMENT VILLAGES ACT 1999 - SECT 103 Working out and paying general services charges for residents

RETIREMENT VILLAGES ACT 1999 - SECT 103

103 Working out and paying general services charges for residents

(1) The amount a resident of a retirement village may be charged for general services under a residence contract must be worked out in the way stated in the contract.

(2) A scheme operator must not charge a resident of a retirement village for general services an amount more than the amount worked out under subsection (1) .

Penalty—

Maximum penalty—200 penalty units.

(3) The scheme operator must not include, or provide for, in a residence contract in a general services charge an amount or component, however described, that is payable for or towards replacing the retirement village’s capital items.

Penalty—

Maximum penalty—200 penalty units.

(4) However, subsection (3) does not apply to an existing residence contract.

(5) Subject to section 104 , a resident of a retirement village is responsible for only the resident’s proportion of the general services charges for the period the resident resides in the resident’s accommodation unit.

(6) Subsection (1) or (2) does not prevent the resident from being required to pay, as part of a general services charge under a residence contract, an amount directly or indirectly attributable to GST payable for the supply by, or to, the scheme operator for general services.

(7) The scheme operator must not include, or provide for, in a general services charge an amount or component, however described, that is payable for or towards—

(a) costs awarded by the tribunal against the scheme operator; or

(b) legal costs incurred by the scheme operator in relation to a retirement village issue.

Penalty—

Maximum penalty—200 penalty units.

(8) In this section—


"GST" has the meaning given by A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) .


"supply" has the meaning given by A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) .