Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 6

Exemptions

6. Exemptions



(1) Any religious or charitable organization may apply to the Director to have
the organization declared an exempt organization for the purposes of all or
any of the provisions of this Act.

(2) The owner of retirement village land or a manager may apply to the
Director to have a retirement village on that land declared to be an exempt
retirement village for the purposes of all or any provisions of this Act.

(3) An application under subsection (1) or subsection (2) must state why the
exemption is sought and whether the exemption applied for is to relate to all
or some only of the provisions of this Act and, if it is to relate to some of
the provisions only, to which provisions it is to relate and must be
accompanied by the appropriate prescribed fee.

(4) The Director may require an applicant for exemption to give more
information about the application.

(5) The Director may make recommendations to the Minister concerning-



   (a)  applications received by the Director under this section; and



   (b)  exemptions which the Director considers should be granted under this
        section, although no application has been received; and

   (c)  the conditions to which particular exemptions ought to be subject.

(6) The Governor in Council on the recommendation of the Minister may, by
order published in the Government Gazette-

   (a)  declare an organization to be an exempt organization; or

   (b)  declare a retirement village to be an exempt village; or

   (c)  declare a class of retirement villages to be exempt retirement
        villages-

whether or not an application for the exemption has been made under this
section.

(7) An exemption under subsection (6)-

   (a)  is subject to such conditions as the Governor in Council on the
        recommendation of the Minister determines and states in the instrument
        of exemption; and

   (b)  may be expressed to apply to this Act or to any of its provisions
        stated in the instrument of exemption; and



   (c)  lasts either until revoked or for such period (if any) as the Governor
        in Council on the recommendation of the Minister determines and states
        in the instrument of exemption.

(8) An organization which or an owner or a manager who is granted an exemption
under this section must comply with any conditions to which the exemption is
subject.

Penalty: 200 penalty units.