Queensland Numbered Acts

RETIREMENT VILLAGES AMENDMENT ACT 2006 No. 6 - SECT 44

Section 104--

omit, insert--

'(1) A former resident of a retirement village is liable for the resident's proportion of charges for general services after the resident vacates the resident's accommodation unit until the first of the following happens--

(a) the right to reside in the accommodation unit is sold;

(b) a period of 90 days elapses (the 90 day period);

(c) the tribunal orders the scheme operator to pay the former resident's exit entitlement under section 171.

'(2) If the former resident's right to reside in the accommodation unit has not been sold within the 90 day period--

(a) the resident and the scheme operator are each liable, after the 90 day period ends, to pay the charges for general services in the same proportion as they are to share the gross ingoing contribution on the sale of the right to reside, as provided for in the residence contract; and

(b) the former resident ceases to be liable to continue to pay a proportion of the charges for general services when the first of the following happens--

(i) the right to reside in the accommodation unit is sold;

(ii) a period of 9 months after the resident vacates the accommodation unit ends.

'(3) If a former resident's right to reside in an accommodation unit has not been sold within the 90 day period, the scheme operator may--

(a) accrue, as a book debt, the resident's proportion of the charges for general services; and

(b) set off the accrued amount against the resident's exit entitlement.

'(4) A scheme operator must not charge interest on the accrued amount.

Maximum penalty--100 penalty units.

'(5) Subsections (1)(b) and (2)(a) do not apply to a former resident under an existing residence contract.'.