RETIREMENT VILLAGES ACT 1999 - SECT 106 Increasing the total general services charge

RETIREMENT VILLAGES ACT 1999 - SECT 106

106 Increasing the total general services charge

(1) This section limits the amount (the
"total general services charge" ), fixed by the scheme operator of a retirement village under section 102A in the general services charge budget for a financial year, that is to be raised by imposing a general services charge on each resident in the village for the financial year.

(2) A scheme operator must not fix a total general services charge for a financial year at an amount that is an increase on the amount of the total general services charge for the previous financial year of more than the CPI percentage increase.

Penalty—

Maximum penalty—200 penalty units.

(3) Subsection (2) does not apply to the operator to the extent the increase in the total general services charge—

(a) has been agreed to by the residents by special resolution at a residents meeting; or

(b) is allowed under section 107 .

(4) In this section—


"CPI" means the all groups consumer price index for Brisbane published by the Australian statistician.


"CPI percentage increase" , for a financial year, means the percentage increase between—

(a) the CPI published for the third quarter of the financial year before the previous financial year; and

(b) the CPI published for the third quarter of the previous financial year.

Example—

Under subsection (2) , a scheme operator must not fix a total general services charge for the 2018–2019 financial year at an amount that is an increase on the amount of the total general services charge for the 2017–2018 financial year of more than the CPI percentage increase.

The relevant CPI percentage increase is the percentage increase between the CPI published for the third quarter of the 2016–2017 financial year and the CPI published for the third quarter of the 2017–2018 financial year.