Retirement Villages Regulation 2000

Queensland Retirement Villages Act 1999 Retirement Villages Regulation 2000 Reprinted as in force on 1 July 2010 Reprint No. 3A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 207 s 5

Information about this reprint This regulation is reprinted as at 1 July 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Retirement Villages Regulation 2000 Contents 1 2 3 4 6 7 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Further particulars for Act, s 27(2)(a)(v). . . . . . . . . . . . . . . . . . . . 3 Further details for Act, s 45(1)(m) . . . . . . . . . . . . . . . . . . . . . . . . 4 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 8 8 10

Retirement Villages Regulation 2000 [s 1] Retirement Villages Regulation 2000 [as amended by all amendments that commenced on or before 1 July 2010] 1 Short title This regulation may be cited as the Retirement Villages Regulation 2000 . 2 Commencement (1) Section 7 commences on 1 July 2000 immediately after the commencement of section 230 of the Act. (2) Subject to subsection (1), this regulation commences on 1 July 2000. 3 Further particulars for Act, s 27(2)(a)(v) The following particulars are prescribed for section 27(2)(a)(v) of the Act— (a) the name of the retirement village scheme; (b) the location, or the proposed location, of the retirement village; (c) the name and address of the scheme operator of the retirement village scheme; (d) the date and place of birth of the scheme operator; (e) the name and address of the manager of the retirement village; (f) the date and place of birth of the manager of the retirement village; (g) if the scheme operator or the manager of the retirement village is a corporation— (i) the name and address of each of the directors; and (ii) the date and place of birth of each of the directors; Reprint 3A effective 1 July 2010 Page 3

Retirement Villages Regulation 2000 [s 4] (h) the facilities on, or to be constructed on, the retirement village land; (i) if the retirement village land is used, or is to be used for any other purpose in addition to its use as a retirement village—the other purpose; (j) any restriction on the use of the retirement village facilities or restriction on the enjoyment of the use of the retirement village land by retirement village residents; (k) any facilities or retirement village land which will not be for the exclusive use or enjoyment of the retirement village residents; (l) local government approvals required and obtained for the planning and construction of the retirement village; (m) the certificate of title of the land on which the retirement village is, or is to be, built; (n) the insurance for the retirement village required under section 110 of the Act; (o) the scheme operator’s address for service of documents. 4 Further details for Act, s 45(1)(m) The following details are prescribed for section 45(1)(m) of the Act— (a) the name of the scheme and of the scheme operator and the scheme operator’s address for service of documents; (b) the name and address of the trustee who holds the amount of ingoing contribution during the cooling-off period; (c) how the resident may rescind the residence contract under the Act by giving written notice to the scheme operator; (d) the services to be supplied to the resident including— (i) services funded from the general services charge; and Page 4 Reprint 3A effective 1 July 2010

Retirement Villages Regulation 2000 [s 6] (ii) services funded from the personal services charge; and (iii) services, if any, available on a fee-for-service basis; (e) if a trustee mentioned in section 46(1) of the Act must hold an amount of ingoing contribution until a day when a condition precedent mentioned in section 46(3)(a) of the Act is fulfilled—the condition precedent. 6 Fees The fees payable under the Act are stated in the schedule. 7 Repeal The Retirement Villages Regulation 1989 is repealed. Reprint 3A effective 1 July 2010 Page 5

Retirement Villages Regulation 2000 Schedule Schedule Fees section 6 $ 1 Application for registration of retirement village scheme (Act, section 27)— (a) if the scheme was previously exempt from the requirement to be registered . . . . . . . . . . . . . . . . . . . . 757.05 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 781.90 2 For the register for retirement village schemes— (a) inspection of the register (Act, section 35(4)(a)). . . . . 15.95 (b) obtaining certified copy of details in the register (Act, section 35(4)(b))— (i) for the first page. . . . . . . . . . . . . . . . . . . . . . . . . . 17.50 (ii) for each additional page. . . . . . . . . . . . . . . . . . . . 1.24 (c) obtaining uncertified copy of details in the register (Act, section 35(4)(b))—for each page . . . . . . . . . . . . 1.24 3 Resident inspecting a relevant document, or inspecting and taking a copy of a relevant document, in the scheme operator’s possession or control (Act, section 85)— (a) for a public information document . . . . . . . . . . . . . . . 40.65 (b) for a residence contract . . . . . . . . . . . . . . . . . . . . . . . . 67.95 Page 6 Reprint 3A effective 1 July 2010

Endnotes Retirement Villages Regulation 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2010. Future amendments of the Retirement Villages Regulation 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Reprint 3A effective 1 July 2010 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 7

Retirement Villages Regulation 2000 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B Amendments to none 2001 SL No. 165 2001 SL No. 210 Effective 1 July 2000 14 September 2001 3 December 2001 Reprint date 4 August 2000 21 September 2001 3 December 2001 Reprint No. 1C 1D 1E 1F 1G 1H 2 2A 2B 2C 2D 3 3A Amendments included 2002 SL No. 167 2002 SL No. 330 2003 SL No. 168 2004 SL No. 103 2005 SL No. 135 2006 SL No. 162 — 2007 SL No. 149 2008 SL No. 266 2009 SL No. 120 2009 SL No. 265 — 2010 SL No. 128 Effective 1 July 2002 6 December 2002 18 July 2003 1 July 2004 1 July 2005 1 July 2006 1 July 2006 1 July 2007 1 September 2008 1 July 2009 1 December 2009 1 December 2009 1 July 2010 Notes R1H withdrawn, see R2 R2D withdrawn, see R3 5 List of legislation Retirement Villages Regulation 2000 SL No. 160 made by the Governor in Council on 29 June 2000 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) exp 1 September 2010 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Retirement Villages Amendment Regulation (No. 1) 2001 SL No. 165 notfd gaz 14 September 2001 pp 139–40 commenced on date of notification Page 8 Reprint 3A effective 1 July 2010

Retirement Villages Regulation 2000 Endnotes Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2001 SL No. 210 ss 1–3 sch notfd gaz 16 November 2001 pp 982–5 ss 1–2 commenced on date of notification remaining provisions commenced 3 December 2001 (see s 2) Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2002 SL No. 167 ss 1, 2(1), 3 sch 1 notfd gaz 28 June 2002 pp 876–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2(1)) Retirement Villages (Tribunal) Regulation 2002 SL No. 330 pts 1, 3 notfd gaz 6 December 2002 pp 1162–6 ss 1–2 commenced on date of notification remaining provisions commenced 6 December 2002 (see s 2) Retirement Villages Amendment Regulation (No. 1) 2003 SL No. 168 notfd gaz 18 July 2003 pp 1016–17 commenced on date of notification Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2004 SL No. 103 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2006 SL No. 162 notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2007 SL No. 149 ss 1, 2(2), 3 sch notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2(2)) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Reprint 3A effective 1 July 2010 Page 9

Retirement Villages Regulation 2000 Endnotes Fair Trading (Fees) Amendment Regulation (No. 1) 2009 SL No. 120 notfd gaz 26 June 2009 pp 831–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Regulation (No. 1) 2009 SL No. 265 pts 1, 22 notfd gaz 20 November 2009 pp 900–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2009 (see s 2) Fair Trading and Other Legislation Amendment Regulation (No. 1) 2010 SL No. 128 pts 1, 24 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) 6 List of annotations Allowance to witness s 5 amd 2001 SL No. 165 s 3 om 2009 SL No. 265 s 63 Fees s 6 amd 2001 SL No. 210 s 3 sch; 2002 SL No. 330 s 7; 2009 SL No. 265 s 64 SCHEDULE—FEES sub 2001 SL No. 210 s 3 sch; 2002 SL No. 167 s 3 sch 1 amd 2002 SL No. 330 s 8; 2003 SL No. 168 s 3 sub 2004 SL No. 103 s 3 sch; 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch; 2007 SL No. 149 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 120 s 3 sch; 2010 SL No. 128 s 55 © State of Queensland 2010 Page 10 Reprint 3A effective 1 July 2010