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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-11-02 Daily Xml
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Bills

Retirement Villages Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Amendment No 2 [Wade–1]—Clause 18, page 14, lines 8 and 9 [clause 18(2)]—Delete subclause (2)

No. 2. Amendment No 3 [Wade–1]—New clause, page 14, after line 12—

After clause 18 insert:

18A—Self incrimination

A person may refuse to comply with a requirement of an authorised officer under this Division to provide information if the information might tend to incriminate the person of an offence.

No. 3. Amendment No 1 [Darley–2]—Clause 19, page 14, after line 33 [clause 19(2)]—

After paragraph (c) insert:

(ca) detailed information about who will be responsible for repairing or replacing the fixtures, fittings and furnishings provided in the residence and how the cost of repairing or replacing such fixtures, fittings and furnishings is to be funded;

No. 4. Amendment No 6 [Wade–1]—Clause 21, page 16, lines 7 to 11 [clause 21(c)]—

Delete paragraph (c) and substitute:

(c) if the contract relates to a retirement village already established—

(i) the financial statements presented at the last annual meeting of residents of the village, including a written statement of any subsequent change in the affairs of the village and the operator that may significantly affect the resident's decision to enter the village; and

(ii) a copy of the minutes of the last 2 annual meetings of residents of the village (if 2 or more such meetings have been held) or of the last annual meeting (if only 1 such meeting has been held);

No. 5. Amendment No 2 [Darley–2]—Clause 22, page 16, line 23 [clause 22(2)(a)]—Delete '(an item)'

No. 6. Amendment No 3 [Darley–2]—Clause 22, page 16, lines 25 to 26 [clause 22(2)(b) and (c)]—

Delete paragraphs (b) and (c)

No. 7. Amendment No 8 [Wade–1]—Clause 26, page 18, lines 6 to 10 [clause 26(2)(b)]—

Delete paragraph (b) and substitute:

(b) either—

(i) a period of 18 months has elapsed since the resident ceased to reside in the retirement village; or

(ii) a period of not less than 18 months has elapsed since the resident gave the operator a notice in accordance with subsection (3) (being a notice that has not since been withdrawn in accordance with subsection (4)(b)) and a period of not less than 3 months has elapsed since the resident delivered up vacant possession of the residence; or

No. 8. Amendment No 10 [Wade–1]—Clause 26, page 18, after line 21 [clause 26(3)]—

After paragraph (b) insert:

; and

(c) any previous such notice given by the resident to the operator was withdrawn at least 6 months before this notice was given to the operator.

No. 9. Amendment No 1 [SusEnvCons–1]—Clause 26, page 18, line 38 [clause 26(5)(d)]—

After 'the retirement village' insert 'within the prescribed period'

No. 10. Amendment No 1 [SusEnvCons–2]—Clause 26, page 19, after line 11—

After subclause (7) insert:

(7a) In considering an application under subsection (7), the Tribunal must have regard to—

(a) the financial hardship likely to be suffered by the operator if the order were not made; and

(b) whether the operator has taken reasonable steps to fulfil the conditions specified in the residence contract for the payment of the exit entitlement.

No. 11. Amendment No 11 [Wade–1]—Clause 26, page 19, after line 17 [clause 26(9)]—

After paragraph (b) insert:

provided that the charge only operates to the extent of the ingoing contribution paid by the resident.

No. 12. Amendment No 2 [SusEnvCons–1]—Clause 26, page 19, after line 25—

After subclause (12) insert:

(12a) If the Supreme Court approves the enforcement of the charge in a case where the operator is not the village land owner, the village land owner may, subject to any order of the Supreme Court, recover the amount of the charge so enforced from the operator as a debt.

No. 13. Amendment No 12 [Wade–1]—New clause, page 23, after line 30—Insert:

30A—Rights in relation to remarketing

If—

(a) a residence contract includes conditions that make the payment of an exit entitlement, or any part of an exit entitlement, contingent on the subsequent sale of a right of occupation of the premises; and

(b) a period of 9 months has elapsed since the resident—

(i) ceased to reside in the retirement village; or

(ii) gave the operator a notice in accordance with section 26(3) (being a notice that has not since been withdrawn in accordance with section 26(4)(b)),

the resident (or a person claiming under the resident) is entitled to participate in the remarketing of the premises in accordance with the prescribed scheme.

No. 14.Amendment No 17 [Wade–1]—Clause 55, page 38, line 5 [clause 55(1)]—

After 'scheme' insert 'to an eligible person'

No. 15.Amendment No 18 [Wade–1]—Clause 55, page 38, line 8 [clause 55(2)]—

Delete 'the exit entitlement owing to a' and substitute:

either the former resident consents (in accordance with any requirements prescribed by the regulations) to the lease, or licence or the exit entitlement owing to the

No. 16.Amendment No 4 [Darley–2]—New clause, page 41, after line 13—Insert:

65A—Review of Act

(1) The Minister must, 3 years after the commencement of this Act, undertake a review of the Act.

(2) The Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.

No. 17.Amendment No 2 [SusEnvCons–2]—Schedule 2, page 45, lines 18 to 21 [clause 10(2) and (3)]—

Delete subclauses (2) and (3)

Consideration in committee.

The Hon. Z.L. BETTISON: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.

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