34Repayment of waiting list fees—prospective resident

34 Repayment of waiting list fees—prospective resident enters village contract (a) a waiting list fee for a retirement village was paid by or on behalf of a prospective resident; and (b) the prospective resident later enters into a village contract in relation to the village. (2) The operator of a retirement village must refund the waiting list fee to the person who paid the fee. (3) Subsection (2) does not apply if— (a) an ingoing contribution is payable in relation to the retirement (b) the operator deducts the waiting list fee from the ingoing contribution.