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RETIREMENT VILLAGES ACT 1999 - SECT 89 Power of attorney

RETIREMENT VILLAGES ACT 1999 - SECT 89

Power of attorney

89 Power of attorney

(1) A scheme operator must not exercise or purport to exercise a power conferred on, or exercisable by, the scheme operator under a limited, general or enduring power of attorney given by a resident of the retirement village in favour of the scheme operator.
Penalty—
Maximum penalty—540 penalty units.
(2) However, the scheme operator does not contravene subsection (1) if—
(a) the resident is a spouse or other relative of the scheme operator; or
(b) the scheme operator exercises, or purports to exercise, a power of attorney given to the operator by the resident to execute a surrender of a registered lease in favour of the resident over an accommodation unit after the resident’s residence contract has been lawfully terminated under this Act; or
(c) the resident gives the power of attorney under the Body Corporate and Community Management Act 1997 , section 211 or 219 .