Victorian Numbered Acts

RETIREMENT VILLAGES (AMENDMENT) ACT 2005 (NO 4 OF 2005) - SECT 7

After section 21 of the Retirement Villages Act 1986 insert —

        "21A.     Offence not to use a contract that complies with the regulations

An owner must not enter into a contract with a resident, which is required by the regulations to comply with the regulations, unless the contract so complies.

Penalty:     60 penalty units.

        21B.     Further matters relating to contracts

    (1)     If a matter is required by the regulations to be excluded from a particular class of contract and a contract of that class is entered into that includes such a matter, that contract is void to the extent of that matter.

    (2)     If a term is required by the regulations to be in a class of contract, that term is deemed to be in any contract of that class that is entered into.

    (3)     If a contract that is of a particular class is required by the regulations to be in a prescribed form and a contract of that class is entered into that is not in the prescribed form, the contract is not enforceable against a resident who has entered into it to the extent that it is not in the prescribed form.

    (4)     If a contract is of a class to which the regulations apply and the contract is varied and the effect of the variation is such that the contract does not comply with the regulations, the contract is not enforceable against a resident who has entered into it to the extent of that variation.".