Div 1Registrar

Division 1—Registrar 6—Appointment of Registrar (1) There will be a Registrar for the purposes of this Act. (2) The Minister will appoint a Public Service employee to be the Registrar. (3) The Minister may assign a Public Service employee to act as the Registrar— (a) during a vacancy in the office of Registrar; or (b) when the Registrar is absent from, or unable to discharge, official duties. 7—Registrar's functions (1) The Registrar's functions are— (a) to provide guidance and advice to operators of retirement villages in relation to the operation of, and matters arising under, this Act, in particular the obligations of operators under the Act; and (b) to provide guidance and advice to residents and prospective residents of retirement villages in relation to the operation of this Act, in particular the obligations, rights and liabilities of residents and prospective residents under a residence contract and any code of conduct to be observed by residents; and (c) to gather and maintain current information about retirement villages and retirement village schemes in South Australia, including but not limited to information about the operations of retirement villages such as information relating to occupation and vacancy rates, ingoing contributions, recurrent charges, exit entitlements, dispute resolution, terminations of residence contracts, enforceable voluntary undertakings and prosecutions for offences against the Act; and (d) to advise the Minister on the administration and operation of this Act; and (e) to perform any other function assigned to the Registrar under this Act or by the Minister. (2) The Registrar may, at any time, and must, at the request of the Minister, report to the Minister on any issue concerning retirement villages. 8—Registrar's power to require information (1) The Registrar may, by written notice, require a person to provide specified information, or information of a specified kind, that is in the person's possession and that the Registrar reasonably requires for the performance of the Registrar's functions under this Act (including any function assigned to the Registrar by the Minister under section 7(1)(e)). (1a) A person required to provide information to the Registrar by a notice under this section must— (a) provide the information to the Registrar within the period, and in the manner and form, stated in the notice (which must be reasonable); and (b) if required to do so by the notice, or by a subsequent written notice given by the Registrar, verify the information by statutory declaration. Maximum penalty: $2 500. (2) A person cannot be compelled to give information under this section if the information might tend to incriminate the person of an offence. 9—Confidential information Information classified by the Registrar as confidential is not liable to disclosure under the Freedom of Information Act 1991. 10—Delegation (1) The Registrar may delegate a power or function vested in or conferred on the Registrar by or under this Act— (a) to a particular person or body; or (b) to the person for the time being holding or acting in a particular office or position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act in a matter; and (c) is revocable at will by the delegator. 11—Annual report (1) The Registrar must, on or before 31 October in every year, forward to the Minister a report on their work and operations for the preceding financial year. (2) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.