Part 4Administrators, receivers and managers

Part 4—Administrators, receivers and managers 47—Application for order appointing administrator (1) The Minister may apply to the Supreme Court, in accordance with the rules of the Court, for an order appointing a specified person as an administrator of a retirement village— (a) to exercise all the functions of the operator of the retirement village; or (b) to exercise specified functions of the operator; or (c) to exercise all the functions other than specified functions of the operator. (2) The Minister may apply for an order under this section only if— (a) the Minister is of the opinion that the well‑being or financial security of the residents of the retirement village concerned has been, or is likely to be, seriously affected by the continued operation of the retirement village by the operator; or (b) the Minister is of the opinion that the operator of the retirement village concerned is wilfully and repeatedly acting in contravention of an order made by the Tribunal or a court in relation to the retirement village; or (c) the retirement village concerned is the subject of an existing order under this section. (3) For the purposes of determining whether an application for an order under this section should be made, the Minister may appoint a person to inquire into, and report to the Minister on, the well‑being and financial security of the residents of a retirement village. 48—No application without consent The Minister is not to apply for an order appointing a person as an administrator under this Part unless the person has consented in writing to the appointment. 49—Terms and conditions of appointment Without limiting the terms and conditions of the order of appointment of an administrator under this Part, the terms and conditions may exempt the administrator from the requirement to comply with such obligations of the operator as are specified or described in the order of appointment. 50—Effect of appointment (1) The operator of a retirement village must not, while an order under this Part is in force in respect of the village, exercise any of the functions of the operator that the administrator is authorised to exercise. (2) However, the appointment of an administrator does not relieve the operator of any of their liabilities under a residence contract. (3) Subject to the terms of the appointment, a person appointed as an administrator of a retirement village must comply with all the obligations of the operator in relation to the functions that the person is authorised to exercise (including functions under a residence contract) and is, in the exercise of those functions, taken to be the operator. 51—Expenses of administration (1) The expenses incurred by an administrator appointed under this Part in exercising the functions of the operator of a retirement village are payable from recurrent charges and such other funds as would be available to the operator for such expenses if the administrator had not been appointed. (2) Neither the Crown, nor the Minister is liable for— (a) any expenses incurred by an administrator appointed under this Part to exercise the functions of the operator of a retirement village; or (b) any liability of an operator of a retirement village in respect of which an administrator is appointed. 52—Administrator may vary residence contract (1) Despite any other provision of this Act, an administrator appointed under this Part may, with the consent of the Minister— (a) amend or revoke an approved annual budget; or (b) vary the recurrent charges payable by the residents of the retirement village; or (c) vary the services offered by the retirement village. (2) The Minister may give consent under subsection (1) only if, in the opinion of the Minister, the proposed revocation, variation or amendment is done for the purpose of— (a) assisting in the process of finding a new operator for the retirement village; or (b) ensuring the financial viability of the retirement village. (3) Nothing done by the administrator in accordance with this section is to be regarded as a breach of contract or otherwise as a civil wrong. (4) No compensation is payable to a person because of the operation of this section or anything done under this section. 53—Revocation of appointment (1) An order made under this Part may be revoked or varied by the Supreme Court (whether or not on the application of the Minister) and (unless sooner revoked) ceases to have effect at the expiration of the period specified in the order. (2) More than 1 order may be made under this Part in respect of the same retirement village. 54—Receivers and managers (1) If a receiver, or a receiver and manager, is appointed in respect of an operator of a retirement village, the appointee must (subject to the terms of the appointment) comply with the operator's obligations under this Act as if that person were the operator. (2) The terms and conditions of appointment of a receiver, or a receiver and manager, may exempt the appointee from the requirement to comply with obligations of the operator specified or described in the order of appointment. (3) This section does not apply to the extent that it is inconsistent with the Corporations Act 2001 of the Commonwealth. 55—No personal liability of administrator, receiver or receiver and manager An administrator, a receiver or a receiver and manager (or any person acting under the direction of an administrator, a receiver or a receiver and manager) is not personally liable for an act or omission done or omitted in good faith under this or any other Act.