Queensland Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 47

47 Dealing with instruments assigning property under a residence contract

(1) This section applies if the person (the assignor) who enters into a residence contract to secure the person's, or someone else's, right to reside in a retirement village assigns property under the residence contract before the cooling-off period ends.

(2) The scheme operator must ensure the assignment instrument is held in escrow by the public trustee or the scheme operator's lawyer (the authorised person).

Maximum penalty--100 penalty units.

(3) If the residence contract is rescinded in the cooling-off period, the authorised person must release the assignment instrument to the assignor.

Maximum penalty--100 penalty units.

(4) If the residence contract is not rescinded in the cooling-off period, the authorised person must, at the end of the cooling-off period, release the assignment instrument to the assignee, or someone else at the assignee's written direction.

Maximum penalty--100 penalty units.

(5) In this section--

assignee means the person in whose favour property is assigned under an assignment instrument.



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