5Application of Act

5 Application of Act

(1)  Subject to this section –

(a) this Act applies to retirement villages, whether established before or after the commencement date, and to the operators, residents and tenants of those villages; and

(b) this Act binds the Crown in right of the State of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities, but not so as to impose criminal liability on the Crown.

(2)  Where no resident or prospective resident is required to pay an ingoing contribution, this Act does not apply to the retirement village unless the owner of the relevant land, by an application to the Recorder in an approved form and on payment of the prescribed fee, elects that this Act is to apply to the retirement village.

(3)  This Act does not apply to any building or any part of a building in a retirement village that is used for the provision of residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth, by an approved provider under that Act.

(4)  If a provision of this Act is inconsistent with a provision of the Strata Titles Act 1998 , the provision of this Act prevails to the extent of the inconsistency.