Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2013
A2013-7
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
Schedule 1	Consequential amendments	3
Part 1.1	ACT Civil and Administrative Tribunal Regulation 2009	3
Part 1.2	Civil Law (Property) Act 2006	3
Part 1.3	Civil Law (Sale of Residential Property) Act 2003	4
Part 1.4	Fair Trading (Australian Consumer Law) Act 1992	5
Part 1.5	Land Titles Act 1925	5
Part 1.6	Residential Tenancies Act 1997	6
Part 1.7	Retirement Villages Act 2012	6

Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2013
A2013-7

An Act to amend legislation about justice and community safety 

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Justice and Community Safety Legislation Amendment Act 2013.
2	Commencement
This Act commences on the later of—
	(a)	the day after this Act’s notification day; and
	(b)	the commencement of the Retirement Villages Act 2012, section 3.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	ACT Civil and Administrative Tribunal Regulation 2009
[1.1]	New section 10
insert
10	Use of trust amounts for retirement villages—Act, s 115C (2) (c)
	(1)	The following purposes are prescribed:
	(a)	providing advisory and advocacy services to residents and prospective residents of retirement villages;
	(b)	reimbursing the Territory for the cost of administering the Retirement Villages Act 2012.
	(2)	In this section:
resident, of a retirement village—see the Retirement Villages Act 2012, dictionary.
retirement village—see the Retirement Villages Act 2012, section 10. 
Part 1.2	Civil Law (Property) Act 2006
[1.2]	New section 402 (4) (a) (iii)
insert
	(iii)	a residence contract under the Retirement Villages Act 2012; or
[1.3]	New section 436 (1) (a) (iii)
insert
	(iii)	a residence contract under the Retirement Villages Act 2012; or
Part 1.3	Civil Law (Sale of Residential Property) Act 2003
[1.4]	Section 8 (2) (c)
substitute
	(c)	a retirement village; or
	(ca)	an interest in a retirement village that is not—
	(i)	a unit; or 
	(ii)	a lot in a community title scheme under the Community Title Act 2001; or
[1.5]	Section 20, definition of premises, new paragraph (ea)
insert
	(ea)	an interest in a retirement village that is not—
	(i)	a unit; or 
	(ii)	a lot in a community title scheme under the Community Title Act 2001; 
[1.6]	Section 20, definition of retirement village
omit
[1.7]	Dictionary, definition of retirement village
substitute
retirement village—see the Retirement Villages Act 2012, section 10.
Part 1.4	Fair Trading (Australian Consumer Law) Act 1992
[1.8]	Dictionary, definition of fair trading legislation, new paragraph (ga)
insert
	(ga)	the Retirement Villages Act 2012; or
Part 1.5	Land Titles Act 1925
[1.9]	Section 139 (1), except examples and note
substitute
	(1)	The Minister may determine fees, charges or other amounts for the following Acts or in relation to the exercise of a function of the registrar-general relating to the register that is not expressly provided for in any of the following Acts:
	(a)	this Act;
	(b)	the Community Title Act 2001;
	(c)	the Districts Act 2002;
	(d)	the Land Titles (Unit Titles) Act 1970;
	(e)	the Retirement Villages Act 2012.
[1.10]	Section 140 (1)
substitute
	(1)	The registrar-general may approve forms for the following Acts:
	(a)	this Act;
	(b)	the Community Title Act 2001;
	(c)	the Land Titles (Unit Titles) Act 1970;
	(d)	the Retirement Villages Act 2012.
Part 1.6	Residential Tenancies Act 1997
[1.11]	Section 4 (a)
omit
Part 1.7	Retirement Villages Act 2012
[1.12]	Section 7 (1), definition of operator, paragraph (b) (iii), except note
substitute
	(iii)	a person mentioned in section 15A (1) (d) (Application to residents and operators of former retirement villages); and
	(iv)	any other person prescribed by regulation; but
[1.13]	New section 7 (3)
after the note, insert
	(3)	In this section:
body corporate, of a community title scheme—see the Community Title Act 2001, dictionary.  
[1.14]	Section 8 (1), definition of residence right
omit everything before paragraph (a) (i), substitute
residence right, in relation to residential premises in a retirement village, means—
	(a)	a person’s right to occupy the residential premises under a contract— 
[1.15]	Section 9
omit
in relation to the residence
substitute
in relation to the residential premises
[1.16]	Section 14 heading
substitute
14	Meaning of permanently vacated residential premises
[1.17]	Section 14 (1) (d)
omit
section 8 (2)
substitute
section 8 (3)
[1.18]	Section 14 (2)
omit
residence
substitute
residential premises
[1.19]	New section 15A
in part 2, insert
15A	Application to residents and operators of former retirement villages
	(1)	This Act applies to the following people in relation to the occupation of a former retirement village even though the former retirement village is no longer a retirement village:
	(a)	a retired person who continues to occupy residential premises in a former retirement village that was a retirement village when the retired person took up residence in the premises;
	(b)	a retired person who has a right to occupy residential premises in a former retirement village that was a retirement village when the right was obtained;
	(c)	a former resident of a former retirement village who continues to have rights or liabilities under the contract, agreement or arrangement under which the resident occupied (or had the right to occupy) the residential premises in the former retirement village when it was a retirement village;
	(d)	the person who is the other party to the contract, agreement or arrangement under which the retired person occupies or occupied (or has or had the right to occupy) the residential premises in the former retirement village.
Note	Operator includes a person mentioned in s (1) (d) (see s 7).  
Resident includes a person mentioned in s (1) (a), (b) or (c) (see dict).
	(2)	However, this Act does not apply in relation to a place mentioned in section 10 (1) (Meaning of retirement village), definition of retirement village, paragraph (b).
	(3)	In this section:
former retirement village means a complex that was previously, but is no longer, a retirement village.
[1.20]	Section 20 (1), note
omit
section 25
substitute
s 24
[1.21]	Section 21 (2) (c) (i)
omit
and
substitute
or
[1.22]	Section 22 (6)
omit
subsection (4)
substitute
subsection (5)
[1.23]	Section 32, definition of trustee, paragraph (d)
omit
section 601RAB
substitute
section 601RAA
[1.24]	Section 37 (3)
omit
residence
substitute
residential premises
[1.25]	Section 42 (1), new notes
insert
Note 2	If a form is approved under the Land Titles Act 1925, s 140 for a notice, the form must be used.
Note 3	A fee may be determined under the Land Titles Act 1925, s 139 for this provision.
[1.26]	Section 58 (1)
substitute
	(1)	This section applies if a resident of a retirement village gives a rescission notice in relation to a village contract that is not a residence contract or a service contract.
	(1A)	As soon as practicable (but not later than 1 month) after the rescission notice is given, the operator of the retirement village must repay all money paid by or on behalf of the resident under the rescinded contract.
[1.27]	Section 68 (1)
substitute
	(1)	If a standard form contract is prescribed for a village contract, a village contract entered into after the day the form is prescribed is void to the extent to which it is not in the same form as, or does not have the same effect as, the standard form contract.
[1.28]	Section 68 (4) (a)
substitute
	(a)	nothing in subsection (1) or (3) voids a person’s residence right in relation to residential premises in a retirement village to which the village contract applies; and
[1.29]	Section 68 (4) (b) (ii)
substitute
	(ii)	is not inconsistent with a term—
	(A)	in the standard form contract; or
	(B)	required to be included by a regulation made under section 66 (Prescribed matters in village contracts).
[1.30]	Section 81 (2)
omit
an existing
substitute
a
[1.31]	Section 82 heading
substitute
82	Villages without rules
[1.32]	Section 82
omit
an existing
substitute
a
[1.33]	Section 118, note, second paragraph
substitute
Retirement villages may contain residential premises that are subject to a company title scheme, a community title scheme or a units plan.  Resolutions of directors or members of the companies, and votes of relevant bodies corporate for community title schemes and owners corporations for unit titles have no relevance to decisions of residents under this Act.
[1.34]	Section 122 (3) (a)
substitute
	(a)	set the terms of the contract, taking into account the following:
	(i)	the terms of other residence contracts in force in the village; 
	(ii)	the terms in the standard form contract;
	(iii)	a term required to be included by a regulation made under section 66 (Prescribed matters in village contracts); and
[1.35]	Section 135
substitute
135	Definitions—div 7.2
	(1)	In this division:
capital item, for which the operator of a retirement village is responsible—
	(a)	means—
	(i)	a building or structure in the village; and
	(ii)	plant, machinery or equipment used in the village’s operation; and
	(iii)	any part of the village’s infrastructure; and
	(iv)	any other item prescribed by regulation; but
	(b)	does not include a capital item that is—
	(i)	owned by a resident of the village; or
	(ii)	common property under a community title scheme or units plan; or
	(iii)	prescribed by regulation.
Note	Power to make a regulation in relation to a matter includes power to make provision in relation to a class of matter (see Legislation Act, s 48 (2)).
capital maintenance—
	(a)	means works carried out for repairing or maintaining a capital item; and 
	(b)	includes works prescribed by regulation as being capital maintenance; but 
	(c)	does not include works prescribed by regulation as not being capital maintenance.
capital replacement—
	(a)	means works carried out for replacing a capital item; but 
	(b)	does not include capital maintenance.
	(2)	In this section:
common property—
	(a)	under a community title scheme—see the Community Title Act 2001, section 18; and
	(b)	under a units plan—see the Unit Titles Act 2001, section 13.
[1.36]	Section 151 (9)
omit
[1.37]	Section 154 (5) (f)
omit
or the Unit Titles Act 2001;
substitute
or the Unit Titles (Management) Act 2011;
[1.38]	Section 157 (1) (a) and (b)
substitute
	(a)	are destroyed or cease to be usable as residential premises, or become unsuitable for habitation, other than as a result of a breach of the village contract for the residential premises; or
	(b)	are compulsorily appropriated or acquired by a Commonwealth or Territory entity.
[1.39]	Section 159 (5) (a) (i)
omit
have
substitute
seek
[1.40]	Section 160 (1)
after
budget
insert
for a financial year for the village
[1.41]	Section 162 (1)
omit
have the residents’ consent for
substitute
seek the residents’ consent to
[1.42]	New section 162 (2A)
insert
	(2A)	An operator of a retirement village is taken to have complied with subsection (1) if the operator—
	(a)	provides a notice as required by section 159 (5) (a) (Proposed annual budget); and
	(b)	includes a statement mentioned in section 159 (6).
[1.43]	Section 162 (8)
omit
(5)
substitute
(6)
[1.44]	Section 166 (3), note
omit
(2)
substitute
(3)
[1.45]	Section 168 (3) and note
substitute
	(3)	The operator of a retirement village commits an offence if the operator—
	(a)	fails to give, not later than the prescribed time after the end of each quarter, a copy of the village’s quarterly accounts for the quarter to the residents committee for the village; or
	(b)	if there is no residents committee—fails to display, not later than the prescribed time after the end of each quarter, a copy of the village’s quarterly accounts for the quarter on the common property of the village in the way prescribed by regulation.
Maximum penalty:  20 penalty units.
Note	Fail includes refuse (see Legislation Act, dict, pt 1).
[1.46]	Section 169 (3) (b)
omit
residents
substitute
occupants
[1.47]	Section 170 (2) (b) (i)
omit
and (4)
substitute
, (4) and (5)
[1.48]	Section 177 (2)
substitute
	(2)	The ACAT has, and may exercise, the same jurisdiction as the Supreme Court, and all the powers and authority of the Supreme Court, in a proceeding in which relief is sought in relation to a contract between an operator of a retirement village and a resident of the village.
[1.49]	Section 179
omit
[1.50]	Section 184 (2)
substitute
	(2)	The notice must be given within the time prescribed by regulation.
Note 1	If a form is approved under s 263 for this provision, the form must be used.
Note 2	A fee may be determined under s 262 for this provision.
[1.51]	Section 185 (1) (a) (ii)
omit
a residence
substitute
residential premises
[1.52]	Section 185 (1) (b)
substitute
	(b)	compulsorily appropriated or acquired by a Commonwealth or Territory entity.
[1.53]	Section 187 (4)
omit
[1.54]	Section 207 heading
substitute
207	Meaning of permanently vacated residential premises—pt 10
[1.55]	New section 207 (1A)
insert
	(1A)	This section applies in addition to section 14 (Meaning of permanently vacated residential premises).
[1.56]	Section 235 (5)
omit
(2)
substitute
(3)
[1.57]	Section 238 (5) and (6)
omit
[1.58]	New section 238A
insert
238A	Statements to former occupants who were not registered interest holders
	(1)	This section applies if the operator of a retirement village—
	(a)	refunds a former occupant’s ingoing contribution under section 238 (2); or
	(b)	makes another payment to a former occupant of residential premises in the village under section 238 (4).
	(2)	At the same time as the payment is made, the operator must give the former occupant a statement setting out the following and showing how the amounts were calculated:
	(a)	the departure fee (if any) payable by the former occupant;
	(b)	accrued or outstanding recurrent charges (if any) payable by the former occupant;
	(c)	any amount payable by the former occupant in relation to repairs required to the residential premises under section 219 (Condition of premises on ending of residence contract);
	(d)	any other amount payable by the former occupant under a village contract;
	(e)	in relation to the part of a refund mentioned in section 238 (4)—the amount of the ingoing contribution of the incoming resident of the premises;
	(f)	the amount of the payment to the former occupant.
	(3)	The operator of the village commits an offence if the operator does not comply with subsection (2).
Maximum penalty: 10 penalty units.
	(4)	An offence against this section is a strict liability offence.
[1.59]	Section 260 (3)
omit
[1.60]	Section 261 (4)
after
contract
insert
, scheme
[1.61]	Section 263 (1), new note
insert
Note	Commissioner for fair trading—see the Legislation Act, dict, pt 1.
[1.62]	Section 500, definition of existing contract
substitute
existing contract means an existing residence contract or an existing service contract.
existing residence contract means any of the following:
	(a)	a residence contract under the repealed code;
	(b)	any other contract, agreement, scheme or arrangement, entered into before the commencement day, under which a person obtained the right to occupy residential premises in a complex that was, at the time the right was obtained, a retirement village within the meaning of this Act (even if it stopped being a retirement village before the commencement of this Act).
existing service contract means a contract, agreement, scheme or arrangement, entered into before the commencement day, under which the operator (however described) of a retirement village provided services to a resident of the village.
[1.63]	Section 501 heading
substitute
501	Existing residence contracts to be residence contracts
[1.64]	Section 501
omit
existing contract
substitute
existing residence contract
[1.65]	New section 501A
insert
501A	Existing service contracts to be service contracts
	(1)	This section applies if, immediately before the commencement day, an existing service contract is in force.
	(2)	The existing service contract is, on the commencement day, taken to be a service contract—
	(a)	in the same terms as the existing service contract; and
	(b)	subject to the same conditions as the existing service contract.
	(3)	This section is subject to section 502 and section 503.
[1.66]	Section 502 (1)
omit
an agreement,
substitute
an existing contract or other agreement
[1.67]	Section 504 (4)
omit
[1.68]	Dictionary, definition of body corporate
omit
[1.69]	Dictionary, definitions of capital maintenance and capital replacement
substitute
capital maintenance, for division 7.2 (Capital maintenance and replacement)—see section 135.
capital replacement, for division 7.2 (Capital maintenance and replacement)—see section 135.  
[1.70]	Dictionary, definition of common property
omit
[1.71]	Dictionary, definition of item of capital
omit
[1.72]	Dictionary, definition of permanently vacate
omit
[1.73]	Dictionary, new definition of permanently vacated
insert
permanently vacated, residential premises—
	(a)	for this Act generally—see section 14; and
	(b)	for part 10 (Matters relating to vacation of premises)—see section 207.
[1.74]	Dictionary, definition of units plan
omit
section 9
substitute
dictionary

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 14 February 2013.
2	Notification
	Notified under the Legislation Act on 1 March 2013.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Justice and Community Safety Legislation Amendment Bill 2013, which was passed by the Legislative Assembly on 26 February 2013. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2013