Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 47

Transitional provision-Extinguishment of charge relating to residential care facilities-2005 Amendment Act

47. Transitional provision-Extinguishment of charge relating to residential
care facilities-2005 Amendment Act



(1) If, within 18 months of the commencement of section 3 of the 2005
Amendment Act, premises that were part of a retirement village, immediately
before the commencement of that section, come to be taken not to be part of
the retirement village, by virtue of the operation of section 46(c) or (d),
the owner of the land on which the premises are situated may apply to the
Director for a declaration that the charge, in so far as it applies to the
land on which the premises are situated, is extinguished.

(2) An application under subsection (1)-

   (a)  must be in writing; and

   (b)  must include a statutory declaration signed by the owner of the land
        and stating that-

   (i)  the land is no longer used as a retirement village; and

   (ii) the owner has notified all residents of the premises and all residents
        of the retirement village of which the premises was formerly a part
        explaining the consequences of making the declaration, in a form
        approved by the Director; and

   (iii) the owner has no knowledge of any proceedings by a resident to obtain
        payment of a refundable in-going contribution or to enforce the
        charge; and



   (c)  must include a copy of the notice given to the residents referred to
        in paragraph (b); and

   (d)  if so required by the Director, must include any information that is
        reasonably necessary to establish the boundaries of the land to which
        the application relates and the use to which that land is put.

(3) The Director may grant or refuse an application under this section.

(4) On an application made in accordance with this section the Director may by
instrument declare that a charge is extinguished in so far as it applies to
the land to which the application relates if the Director is satisfied that
the land is no longer a part of land used as a retirement village.

(5) If in respect of land charged under this Part there is produced to the
Registrar of Titles a copy of the instrument in which the Director has made a
declaration that the charge is extinguished, to the extent that it applies to
the land that is the subject of an application under this section, the
Registrar of Titles may delete any recordings of the charge from the Register
or make a recording in the Register of the extinguishment of the charge.