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RETIREMENT VILLAGES ACT 1999 - SECT 57
Certain persons not to be operators
57 Certain persons not to be operators
(1) A person to whom this section applies must not-- (a) be an operator of a
retirement village, or
(b) be involved in the promotion or sale of
residence rights in a retirement village, or
(c) be in any way (whether
directly or indirectly) concerned, or take part, in the management or control
of a retirement village.
: Maximum penalty--100 penalty units.
(2) This
section applies to the following persons-- (a) a person who is
insolvent under administration,
(b) a person who is a director of a
Chapter 5 body corporate,
(c) a person who was a director of a company that
has been wound up (otherwise than voluntarily),
(d) a person who has been
convicted (in New South Wales or elsewhere) of an offence involving-- (i)
physical violence to another person, or
(ii) fraud or dishonesty, being an
offence punishable on conviction by imprisonment for a period of not less than
3 months.
(3) However, this section applies-- (a) to a person referred to in
subsection (2) (c)--only for the period of 5 years immediately following the
winding-up, and
(b) to a person referred to in subsection (2) (d)--only for
the period of 5 years following the conviction (or, if the person was
sentenced to imprisonment, within the period of 5 years following the person's
release).
(3A) The Secretary may, on the application of a person who is a
director of a Chapter 5 body corporate, exempt the person from the operation
of this section if, on the basis of information provided to the Secretary by
the person, the Secretary considers it appropriate to do so.
(4) In this
section,
"Chapter 5 body corporate" and
"insolvent under administration" have the same meanings as they have in the
Corporations Act 2001 of the Commonwealth.
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