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RETIREMENT VILLAGES ACT 1999 - SECT 43
Standard form of village contract
(1) The regulations may prescribe a standard form of village contract.
(2)
The regulations may provide for-- (a) more than one standard form of
village contract, or
(b) the addition of clauses to, or the omission or
variation of clauses contained in, the standard form or forms,
for use in
relation to different classes of village contracts (including different
classes of residence contracts) or different classes of residential premises.
(3) A village contract for which a standard form is prescribed, and that is
entered into after the day on which the form is prescribed, is void to the
extent to which it is not in or to the effect of the standard form.
(4) Any
such contract that does not include a term of the form of contract that is the
standard form at the time the contract is entered into is taken to include
that term.
(5) The terms contained in a prescribed standard form of
village contract are not to be varied by the parties to a village contract for
which the form is prescribed, and, to the extent that they are so varied, are
taken not to have been varied.
(6) However-- (a) nothing in subsection (3) or
(5) voids any residence right conferred by the village contract concerned, and
(b) despite those subsections, the parties to a village contract for which a
standard form is prescribed may insert additional terms in the contract, but
only if the terms-- (i) do not contravene this or any other Act or law, and
(ii) are not inconsistent with a term of the prescribed village contract.
(7)
An additional term is void if the Tribunal so orders, on application by a
resident, on being satisfied that the additional term does not comply with
subsection (6) (b) (i) and (ii).
(8) A village contract that provides for the
payment of an ingoing contribution may also provide-- (a) that any such
contribution is to be paid by way of instalments at such intervals as may be
specified in the contract, and
(b) if any such contribution is to be paid by
instalments, for interest on the unpaid portion of any such contribution to be
payable, as calculated at the rate prescribed by the regulations.
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