RETIREMENT VILLAGES ACT 1999 - SECT 38 Chief executive may apply for order appointing a manager of a retirement village

RETIREMENT VILLAGES ACT 1999 - SECT 38

38 Chief executive may apply for order appointing a manager of a retirement village

(1) The chief executive may apply to the District Court for a management order if the chief executive reasonably believes—

(a) the scheme operator has not complied with section 40A (2) , 40B (1) , 40F (1) or (2) , 41C (2) , 41D (1) , 41H (1) or (2) , 113D or 113H (1) or (2) ; or

(b) the order is otherwise necessary to protect the interests of residents of a particular retirement village.

(2) In urgent circumstances—

(a) the application may be made ex parte; and

(b) the management order may be made on an interim basis.

(3) If the court makes a management order, it may, at any time, make any ancillary order it considers necessary to support the management order.

(4) A manager appointed under a management order must, at the request of the chief executive, report to the chief executive about how the manager has exercised, or will exercise, functions of the scheme operator under the order.

Penalty—

Maximum penalty—100 penalty units.

(5) If a manager is appointed under a management order to exercise a function of a scheme operator, this Act applies to the exercise of the function as if the manager were the scheme operator.

(6) In this section—


"management order" means an order appointing a stated person, as manager of a retirement village, to exercise—

(a) all the functions of the scheme operator; or

(b) stated functions of the scheme operator; or

(c) all the functions, other than stated functions, of the scheme operator.