33Matters that must not be financed by recurrent charges—the Act, s 112(3)(b)

33 Matters that must not be financed by recurrent charges—the Act, s 112(3)(b)

33 Matters that must not be financed by recurrent charges—the Act, s 112(3)(b)

The following matters must not be financed by recurrent charges—

(a) fees for membership of industrial or professional associations by the operator or an employee or agent of the operator,

(b) fees for the operator’s membership of an industry association,

(c) overseas travel by the operator or an employee or agent of the operator,

(d) costs associated with marketing vacant premises in the retirement village, including the wages or salaries of persons involved in the marketing,

(e) payroll tax, unless—

(i) the wages paid by the operator for operating the retirement village to which the recurrent charges relate, including wages apportioned to the retirement village by the operator’s head office, are more than the threshold amount provided for in the Payroll Tax Act 2007, Schedule 1, clause 1, or

(ii) before 1 March 2010, the residents of the retirement village consented to financing payroll tax by recurrent charges and the consent has not been withdrawn,

(f) land tax,

(g) gifts or donations,

(h) costs associated with the operator’s head office, or other management and administration costs, unless the costs are associated with providing services to residents of the retirement village and are included in the annual budget in accordance with section 25(3),

(i) more than 50% of an increase, from the previous year, in the experience premium component of the insurance premium payable by the operator for insurance under the Workers Compensation Act 1987,

(j) if the retirement village is subject to a strata scheme—

(i) costs associated with carrying out works or maintenance required to be carried out by the owners corporation, unless the operator is engaged by the owners corporation to carry out the work, or

(ii) levies and other contributions payable by the operator of the retirement village under the for the scheme, other than levies payable for premises occupied by a resident of the retirement village,