14CImposition of levies

14C Imposition of levies

[Section 14C Inserted by No. 35 of 2023, s. 6, Applied:27 Nov 2023]

(1)  This section applies in respect of the imposition of a levy on the residents of a retirement village for a purpose not authorised by the village rules or the residence contract.

(2)  A levy to which this section applies may not be imposed on the residents of a retirement village unless –

(a) the residents and tenants have authorised the imposition of the levy by a special resolution; or

(b) a levy for a purpose not authorised by the village rules or the residence contract has not been imposed on the residents of the retirement village in the immediately preceding 12 months and the expenditure which the levy is intended to cover  is payable either because of the requirements of an Act or the order of a court or tribunal.

(3)  The operator of a retirement village must not impose, or attempt to impose, a levy on a resident of the retirement village if the imposition of that levy is contrary to this section.

Penalty:  Fine not exceeding 200 penalty units.

(4)  The imposition of a levy on the residents of a retirement village is void and is not payable by the residents of the retirement village if the imposition of that levy is contrary to this section.