New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 16

16 Notifying particulars of community

(1) The operator of a community must notify the Commissioner, in accordance with this section, of the following particulars so as to enable the Commissioner to include information about the community in the Register--

(a) the trading name, address and contact details of the community,

(b) the name and contact details of the operator and the owner of the community (if different from the operator),

(c) information relating to any relevant training, qualifications or experience of the operator or other persons involved in the management of the community,

(d) whether the community has a residents committee and, if so, the name and site number of an office holder of the committee or (if there is no office holder) of at least one member of the residents committee (if nominated by the committee),

(e) information relating to the occupation and use of residential sites located in the community,

(f) information relating to the commencement of operation of the community,

(g) information relating to the community's membership of a relevant industry association,

(h) such other particulars as may be approved by the Commissioner or prescribed by the regulations.

(2) Particulars do not need to be notified again if the community was operating as a residential park immediately before the commencement of this section and the particulars were notified before that commencement under Part 13A of the Residential Parks Act 1998 (before its repeal).

(3) The operator of a community must notify the Commissioner of the particulars referred to in subsection (1)--

(a) if the community was operating as a community on the commencement of this section and the particulars had not been previously notified under Part 13A of the Residential Parks Act 1998 --within 30 days after that commencement, or

(b) if the community begins operating as a community after the commencement of this section--within 30 days after it begins operating as a community.

(4) The operator of a community must notify the Commissioner within 30 days of any change to the particulars previously notified.

(5) An operator of a community who contravenes this section is guilty of an offence.

: Maximum penalty--

(a) in the case of a corporation--100 penalty units, or

(b) in any other case--50 penalty units.

(6) An operator is not excused from a requirement under this section to notify particulars concerning a community on the ground that the notification of those particulars may incriminate the operator or make the operator liable to a penalty.

(7) Any notification given to the Commissioner under this section is to be in the approved form. Information is not duly provided unless all particulars required by the form are provided.