28Application of Part

28 Application of Part (1) This Part applies to a retirement village if there has been paid by or on behalf of a resident an in‑going contribution which exceeds the prescribed amount, and includes a refundable in‑going contribution. (2) This Part applies whether a refundable in-going contribution is paid after, or was paid before the commencement of this section. (3) In this Part a reference to the application date is a reference— S. 28(3)(a) substituted by No. 85/1998 s. 24(Sch. item 52.11). (a) if before the commencement of this section a resident paid an in-going contribution which exceeds the prescribed amount, to the date on which— (i) a memorial of a retirement village notice was registered under Part 1 of the **Property Law Act 1958** before the commencement of section 22 of the **Transfer of Land (Single Register) Act 1998**; or (ii) a retirement village notice is lodged for registration in the Register under the **Transfer of Land Act 1958**. (b) if after the commencement of this section there is paid in respect of a retirement village an in-going contribution which exceeds the prescribed amount and a charge has not already been created, to the date on which the in-going contribution is paid.