22Making certain representations—promotional material

22 Making certain representations—promotional material (a) the operator publishes or distributes written promotional material about the village; and (b) the material includes any of the following representations in relation to the village: (i) that a person is likely to obtain a capital gain when the person vacates the village; (ii) an estimation of possible amendments of future recurrent charges; (iii) an estimation of the future size of the village; (iv) a representation in relation to future ownership of the Note Any advertising, and promotional and sales material, relating to a retirement village must also comply with the Fair Trading (Australian Consumer Law) Act 1992 and the Competition and Consumer Act 2010 (Cwlth). (3) Subsection (1) (b) (ii) does not apply if the village contract provides for recurrent charges to be amended in accordance with a fixed formula.

(4) Subsection (1) (b) (iii) does not apply if the representation is made in relation to development where construction is underway and a completion date for the development is known. (5) Subsection (1) (b) (iv) does not apply if, when the representation is made, a contract to transfer ownership of the retirement village has been entered into. mentioned in s (3), (4) and (5) (see Criminal Code, s 58). (6) Promotional material to which subsection (5) applies may include details about the contract for the transfer of ownership of the