37Operator not to demand appointment as proxy

37 Operator not to demand appointment as proxy

(1)  The operator, or a close associate of the operator, of a retirement village must not require a resident or tenant, or prospective resident or tenant, of the retirement village to appoint the operator, a close associate of the operator or a person nominated by the operator as the proxy of the resident or tenant.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Any appointment of the operator of a retirement village, a close associate of the operator or a person nominated by the operator as the proxy of a resident or tenant, or prospective resident or tenant, of the retirement village –

(a) if made before the commencement date, terminates on that commencement; and

(b) if made on or after the commencement date, is void.

(3)  Subsection (2) does not apply if the resident or tenant or prospective resident or tenant who made the appointment is a relative of the operator.

(4)  This section has effect despite the terms of any instrument appointing an operator of a retirement village, a close associate of the operator or a person nominated by the operator as a resident's or tenant's or prospective resident's or tenant's proxy.