Queensland Consolidated Acts

RESIDENTIAL SERVICES (ACCREDITATION) ACT 2002 - SECT 6A

6A Meaning of aged rental scheme and scheme operator

(1) An
"aged rental scheme" is a scheme under which—

(a) accommodation, in return for the payment of rent, is provided mainly to older members of the community or retired persons; and

(b) the accommodation is provided to at least 4 persons who have a right to occupy 2 or more self-contained units either jointly or separately; and

(c) a food service or personal care service is provided to the persons mentioned in paragraph (b) .

(2) The person who, under the aged rental scheme, must provide both of the following is the
"scheme operator" of the scheme—

(a) the accommodation;

(b) the food service or personal care service.

(3) For subsection (2) , a person provides accommodation and a food service or a personal care service if—

(a) the person—

(i) owns or leases all or any of the self-contained units used in the aged rental scheme; and

(ii) lets those units, or arranges for those units to be let, to residents in the course of the residential service; and

(iii) provides, or arranges for the provision of, the food service or personal care service; or

Example of a scheme operator arranging for the provision of a food service or personal care service—

The scheme operator engages another person to provide a food service or personal care service to residents who pay for the service.

(b) the person (the
"letting agent" ), on behalf of the owners or lessees of all or any of the self-contained units used in the aged rental scheme—

(i) lets or sublets the units to residents in the course of the residential service, regardless of whether the letting contract with the residents states the owner (or lessee) or the letting agent as a party to the letting contract; and

(ii) provides, or arranges for the provision of, the food service or personal care service.