89Certain people not to be operators

89 Certain people not to be operators (1) A person to whom this section applies commits an offence if the person— (a) is the operator of a retirement village; or (b) is involved in the promotion or sale of a residence right in relation to residential premises in a retirement village; or

(c) in any way (whether directly or indirectly) is involved in, or takes part, in the management or control of a retirement village. (3) This section applies to the following people: (a) a person who is bankrupt or personally insolvent; (b) a person who is a director of a Chapter 5 body corporate; (c) a person who was a director of a company that has been wound up (otherwise than voluntarily); (d) a person who has been convicted (in the ACT or elsewhere) of an offence involving— (i) physical violence to another person; or (ii) fraud or dishonesty, if the offence is punishable on conviction by imprisonment for a period of not less than 3 months. (4) However, this section applies— (a) to a person mentioned in subsection (3) (c)—only for the period of 5 years following the day the company is wound up; and (b) to a person mentioned in subsection (3) (d)—only for the period of 5 years following the person’s conviction (or, if the person was sentenced to imprisonment, within the period of 5 years following the person’s release).