Queensland Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 40

40 Applying to cancel registration

(1) A scheme operator may ask the chief executive to cancel the registration of the retirement village scheme if the operator--

(a) stops operating the scheme; or
(b) proposes to stop operating the scheme.

(2) The request must be written.

(3) The scheme operator must also--

(a) give each resident of the retirement village a written notice stating the following--
(i) the scheme operator has asked the chief executive to cancel the registration of the scheme;
(ii) if there is a statutory charge over the retirement village land, whether or not the operator has asked the chief executive to release the statutory charge over the retirement village land under section 124;
(iii) how it will affect the person if the scheme is cancelled;
(iv) that, within 60 days after the person receives the notice, the person may, by written notice given to the chief executive, object to the cancellation; and
(b) give the chief executive--
(i) a statutory declaration made by the scheme operator stating the facts of the scheme operator's compliance with paragraph (a); and
(ii) a copy of the notice given to residents under paragraph (a).

(4) In this section--

resident includes a former resident who has not received an exit entitlement to which the former resident is entitled under the former resident's residence contract.



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