38DManager not to demand appointment as proxy

38D Manager not to demand appointment as proxy (1) The manager of a retirement village must not— (a) require a resident of the retirement village to appoint the manager as the proxy of the resident; or (b) accept an appointment to act as the proxy of a resident of the retirement village. (2) The manager of a retirement village must not require a resident of the retirement village to appoint— (a) a close associate of the manager; or (b) a person nominated by the manager— as a proxy of the resident. (3) A person who— (a) is a close associate of the manager of a retirement village; or (b) is nominated by the manager of a retirement village to be appointed to act as a proxy of a resident of the retirement village— must not accept an appointment to act as a proxy of a resident of the retirement village. (4) An appointment of the manager of the retirement village (or a close associate of the manager or a person nominated by the manager) as the proxy of a resident of the retirement village is void. (5) Subsections (1)(b), (3) and (4) do not apply if the resident of the retirement village who makes the appointment is a relative of the manager, the close associate or nominated person (as the case requires). (6) This section has effect despite any term of the proxy. Pt 6A Div. 3 (Heading and ss 38E–38H) inserted by No. 4/2005 s. 16.