50 penalty units. (2) A person who, whether before or after the commencement of this section, has been convicted, within or outside Victoria, of an offence involving fraud or dishonesty punishable on conviction by imprisonment for a period of not less than 3 months must not within a period of 5 years after being convicted or if the person was sentenced to imprisonment after the expiration of the sentence, be involved in the promotion or sale of residence rights, or be in any way (whether directly or indirectly) concerned in, or take part in, the management of a retirement village. 50 penalty units. S. 17(3) amended by No. 44/2001 s. 3(Sch. item 99), repealed by No. 4/2008 s. 32(Sch. item 29). * * * * * 18 Application of Australian Consumer Law and Fair Trading Act 2012 S. 18(1) amended by Nos 17/1999 s. 43(3)(a), 72/2010 s. 48(Sch. item 20(1)), 21/2012 s. 239(Sch. 6 item 38.2). (1) The Australian Consumer Law and Fair Trading Act 2012 and the Australian Consumer Law (Victoria) apply to services or goods provided under a residence contract, even though the goods or services are provided under a contract of service.
S. 31(8) substituted by No. 85/1998 s. 24(Sch. item 52.16). (8) Section 77 (except section 77(3)) of the Transfer of Land Act 1958 applies to the sale of land pursuant to an order enforcing a charge as if the resident who applied for the order were a mortgagee and the charge were a mortgage. S. 31(9) substituted by No. 85/1998 s. 24(Sch. item 52.16). (9) If the court makes an order concerning land not under the Transfer of Land Act 1958, the land must be brought under that Act before it is sold. 32 Extinguishment of charge (1) A charge cannot be extinguished except— (a) by an agreement in writing signed by all the residents whose refundable in-going contributions are secured by the charge; or (b) by order of the Supreme Court under section 31; or S. 32(1)(c) amended by No. 4/2005 s. 9(1)(a). (c) upon the publication in the Government Gazette of a declaration in accordance with this section; or S. 32(1)(d) inserted by No. 4/2005 s. 9(1)(b). (d) in accordance with section 47. S. 32(2) amended by Nos 17/1999 s. 43(4), 4/2005 s. 9(2). (2) An owner of retirement village land charged under this Part may apply to the Director for a declaration that the charge is extinguished whether as to the whole or as to a part of the land that is the subject of the charge. (3) An application under subsection (2)— (a) must be in writing; (b) must include a statutory declaration signed by the owner and stating that—
S. 40 amended by No. 17/1999 s. 43(4), substituted by No. 4/2005 s. 18, amended by Nos 2/2008 s. 60(Sch. item 11), 19/2009 s. 29, substituted by No. 21/2012 s. 239(Sch. 6 item 38.3). 40 Application of Australian Consumer Law and Fair Trading Act 2012 (1) Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except sections 152, 153 and 175) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act. (2) Sections 125, 195 and 196 and Part 8.2 (except sections 205, 206, 207, 210, 211 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act. (3) For the purposes of subsection (2)— (a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of that Act were a reference to that section as applied by subsection (1) or (2); (b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to— (i) proceedings for an offence against a provision of this Act (except an offence applied by subsection (1)); or (ii) proceedings on an application for an injunction under section 201, 202 or 203 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a
S. 49 inserted by No. 4/2005 s. 21. 49 Transitional Amendment Act Section 21B does not apply to any contract entered into before the commencement of section 7 of the Amendment Act. S. 50 inserted by No. 4/2005 s. 21. 50 Transitional provision—appointment of Amendment Act Section 32B does not apply to an agent in respect of whom an engagement is in force, immediately before the commencement of section 10 of the Amendment Act, under an appointment made by an owner resident, and that agent may continue to act under that appointment as if section 32B had not been enacted. S. 51 inserted by No. 4/2005 s. 21. 51 Transitional provision—powers of Amendment Act Division 2 of Part 6A does not apply to any power of attorney given before the commencement of section 16 of the 2005 Amendment Act. S. 52 inserted by No. 4/2005 s. 21. 52 Transitional provision—payments to owner residents—2005 Amendment Act (1) Section 26 (as in force on and from the commencement of section 16 of the 2005 Amendment Act) and section 38I do not apply to existing contracts and section 26 (as in force immediately before that commencement) continues to apply to any such contract. (2) A person who is liable, under an existing contract, to make a payment to— (a) a former resident of a retirement village on the former resident leaving the retirement village; or
Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 43) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Owners Corporations Act 2006, No. 69/2006 Assent Date: 19.9.06 Commencement Date: S. 224(Sch. 3 item 7) on 31.12.07: s. 2(2) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 59) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 11) on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 29) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 52) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Fair Trading and Other Acts Amendment Act 2009, No. 19/2009 Assent Date: 10.6.09 Commencement Date: S. 29 on 11.6.09: s. 2(1) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 Assent Date: 9.2.10 Commencement Date: S. 99 on 1.8.10: Government Gazette 22.7.10 p. 1628 : This information relates only to the provision/s amending the Retirement Villages Act 1986 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010