75Time for making of payments

75 Time for making of payments (1) A refund or a payment under section 74 to a former occupant, other than a former occupant who is a registered interest holder, must be made within— (a) 14 days after the day the village contract is ended; or

(b) if another period is ordered by the ACAT—the ordered period. (2) A refund or a payment under section 74 to a former occupant who is a registered interest holder must be made within 14 days after the earliest of the following: (a) the day the operator receives full payment under a residence contract with an incoming resident of the premises; (b) the day the operator enters into a village contract with an incoming resident of the premises; (c) the day the operator enters into a residential tenancy agreement with an incoming tenant of the premises; (d) the day a person takes up residence in the premises with the (e) if the operator buys the premises from the former occupant—the day the operator completes the purchase. (3) If a payment that is required to be made under this division is not paid within the time required by this section, the operator of a retirement village or former occupant may apply to the ACAT for an order requiring the amount to be paid within a stated time. (4) If the operator and former occupant are unable to agree on an amount required to be paid under this division, the operator or former occupant may apply to the ACAT for an order in relation to— (a) the amount of fair market rent (if any) required to be paid under section 73 (1) (a) (Liability of former occupant if village contract ended during settling-in period); or (b) what damage (if any) to the residential premises is in excess of fair wear and tear, and the amount (if any) required to be paid under section 73 (1) (b); or (c) the reasonable administration fee (if any) required to be paid under section 73 (1) (c).

(5) The ACAT may consider, but is not bound by— (a) for subsection (4) (a)—the rent (if any) stated in the village contract when deciding the fair market rent; and (b) for subsection (4) (c)—the administration fee (if any) stated in the village contract when deciding a reasonable administration fee.