166Spending otherwise than in accordance with approved

166 Spending otherwise than in accordance with approved annual budget (a) the operator spends money received for recurrent charges for a financial year for the village; and (b) the spending is not in accordance with— (i) the approved annual budget; or (ii) the approved annual budget as amended under section 167 (Amendment of approved annual budget).

(3) Subsection (1) does not apply if the spending— (a) was a change in spending between items in the approved annual budget; and (b) does not reduce the level of services the retirement village provides; and (c) does not cause the total spending provided for by the approved annual budget to be exceeded. (4) Subsection (5) applies if the operator of a retirement village— (a) commits an offence under subsection (1); or (b) does not comply with an order under section 161 (ACAT order—proposed annual budget)) to give the residents of the village a proposed annual budget in relation to a current financial year for the village. (5) A resident of the retirement village may apply to the ACAT for (and the ACAT may make) an order directing the operator to refund the recurrent charges paid by the resident during the financial year until the day when the order is made.