Sch 2Transitional provisions

Schedule 2—Transitional provisions Part 4—Transitional provisions 5—Exemptions An exemption conferred by notice under section 4 of the Retirement Villages Act 1987 and in force immediately before the commencement of this clause continues as if it were an exemption conferred by notice under section 5 of this Act. 6—Registrar A person holding office as the Registrar under the Retirement Villages Act 1987 immediately before the commencement of this clause will continue as the Registrar under this Act for the balance of his or her term of appointment (and is then eligible for reappointment under this Act). 7—Register The register maintained under the Retirement Villages Act 1987 forms part of the register under this Act. 8—Authorised officers An appointment as an authorised officer issued under the Retirement Villages Act 1987 and in force immediately before the commencement of this clause, continues as if it were an appointment under Part 2 of this Act. 9—Residence contracts A residence contract that was entered into in compliance with the Retirement Villages Act 1987 before the commencement of this Act (and that is in force immediately before the commencement of this Act) continues as if it were a residence contract entered into in compliance with this Act. 10—Exit entitlements If a resident ceased to reside in a retirement village before the commencement of section 27, that section applies in relation to the resident as if the period of 18 months referred to in section 27(2)(b)(i) were the period of 18 months after the commencement of that section. 11—Surplus or deficit of accounts (1) If 1 or more residence contracts in force in relation to a retirement village immediately before the commencement of this clause do not make provision for dealing with surplus and deficits, the operator of the village must, within 6 months after the commencement of this clause, hold a meeting of the residents to adopt a policy as to the manner in which a surplus or a deficit will be dealt with in relation to the village. (2) A policy is only adopted if it is approved by a special resolution at the meeting of residents. (3) The operator must, as soon as practicable after a policy is adopted under this clause, make the policy available for inspection by residents (in a manner that ensures it is easily accessible by residents). (4) If an operator fails to have a policy adopted as required by this clause, the policy set out in the regulations for the purposes of this clause will be taken to have been adopted in relation to the retirement village. (5) A policy adopted, or taken to be adopted, under this clause in relation to a retirement village applies to each residence contract in force in relation to the village that does not make provision for dealing with surplus and deficits as if the policy formed part of the residence contract. (6) In this clause— deficit means a deficit in the accounts relating to recurrent charges of a retirement village for any financial year commencing after the commencement of this section; surplus means a surplus in the accounts relating to recurrent charges of a retirement village for any financial year. 12—Proceedings (1) In this clause— relevant day means the day on which the Statutes Amendment (SACAT) Act 2014 came into operation; repealed Act means the Retirement Villages Act 1987; Residential Tenancies Tribunal means the Tribunal established under the Residential Tenancies Act 1995; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (2) A right to make any application or to seek a review under the repealed Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Residential Tenancies Tribunal, will be exercised as if this Act had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal. (3) Nothing in this clause affects a right to appeal to the District Court against a decision, direction or order of the Residential Tenancies Tribunal made or given before the relevant day (as the right existed under section 39 of the repealed Act before the relevant day). 13—Application of offences under section 64 A person does not commit an offence against section 64 in respect of a representation contained in, or made in relation to, a lease or other contract or agreement entered into before the commencement of that section. 14—Regulations (1) The regulations may make provisions of a savings or transitional nature consequent on the repeal of the Retirement Villages Act 1987 and the enactment of this Act. (2) For the avoidance of doubt, any such provision may, if the regulations so provide, have effect despite any specified provision of this Act (including a provision of this Schedule). (3) Any such provision may, if the regulations so provide, take effect from the date of commencement of the provision of this Act to which the provision relates or a later date. (4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Retirement Villages Act 2016 repealed the following: Retirement Villages Act 1987 Legislation amended by principal Act The Retirement Villages Act 2016 amended the following: Residential Tenancies Act 1995 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Retirement Villages Act 2016 10.11.2016 1.1.2018 (Gazette 8.8.2017 p3141) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 24 (s 148)—1.10.2019 (Gazette 29.8.2019 p3138) Retirement Villages (Miscellaneous) Amendment Act 2024 5.12.2024 2.2.2026 except s 43(3)—5.12.2026 (Gazette 14.8.2025 p3219) South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2025 27.3.2025 Sch 1 (cl 4)—28.4.2025 (Gazette 24.4.2025 p773) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1