68Effect of noncompliance with standard form contract

68 Effect of noncompliance with standard form contract (1) If a standard form contract is prescribed for a village contract, a village contract entered into after the day the form is prescribed is void to the extent to which it is not in the same form as, or does not have the same effect as, the standard form contract. (2) A village contract that does not include a standard term is taken to include the standard term. (3) An amendment of a standard term in a village contract has no effect. (4) However— (a) nothing in subsection (1) or (3) voids a person’s residence right in relation to residential premises in a retirement village to which the village contract applies; and (b) despite subsection (1) or (3), the parties to a village contract for which a standard form contract is prescribed may include an additional term in the contract if the term— (i) does not contravene this Act or another territory law; and Note A regulation may prescribe a matter that must be excluded from a village contract (see s 66).

(ii) is not inconsistent with a term— (A) in the standard form contract; or (B) required to be included by a regulation made under section 66 (Prescribed matters in village contracts). (5) On application by a resident of a retirement village, the ACAT may order that an additional term included in a village contract under subsection (4) (b) is void if satisfied the additional term does not comply with subsection (4) (b).