RETIREMENT VILLAGES ACT 1986 - SECT 6 Exemptions
RETIREMENT VILLAGES ACT 1986 - SECT 6
ExemptionsS. 6(1) amended by No. 17/1999 s. 43(2)(a).
(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.
S. 6(2) amended by No. 17/1999 s. 43(2)(a).
(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.
S. 6(4) amended by No. 17/1999 s. 43(2)(a).
(4) The Director may require an applicant for exemption to give more information about the application.
S. 6(5) amended by No. 17/1999 s. 43(2)(a).
(5) The Director may make recommendations to the Minister concerning—
S. 6(5)(a) amended by No. 17/1999 s. 43(2)(b).
(a) applications received by the Director under this section; and
S. 6(5)(b) amended by No. 17/1999 s. 43(2)(a).
(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.