Queensland Consolidated Regulations

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RETIREMENT VILLAGES REGULATION 2018 - SCHEDULE 7

SCHEDULE 7 – Dictionary


"aged care facility" means a facility at which residential care is provided by an approved provider under the Aged Care Act 1997 (Cwlth) .

"Australian Accounting Standards" means the accounting standards issued by the Australian Accounting Standards Board.

"capital replacement fund budget" see section 93 of the Act .

"capital replacement quantity surveyor report" means a report prepared under section 92 (1) of the Act .

"community titles scheme" means a community titles scheme within the meaning of the Body Corporate and Community Management Act 1997 .

"declaration date"

(a) for a closure plan—means the date of the declaration required for the plan under schedule 1A , item 40; or
(b) for a transition plan—means the date of the declaration required for the plan under schedule 1B , item 34; or
(c) for a redevelopment plan—means the date of the declaration required for the plan under schedule 4A , item 48.

"development application" see the Planning Act 2016 , schedule 2 .

"development approval" see the Planning Act 2016 , section 49 (1) .

"entry condition report" , for part 3 , division 1 , see section 9 .

"existing scheme operator" see section 41C (1) of the Act .

"exit condition report" , for part 3 , division 2 , see section 13 .

"expected" , in relation to a budget, means—
(a) for income—expected to be received in the financial year to which the budget relates; or
(b) for expenditure—expected to be incurred in the financial year to which the budget relates.

"financially-interested former resident" , of a retirement village, means a former resident of the retirement village—
(a) who is required under section 104 of the Act to pay the whole or a proportion of a general services charge or maintenance reserve fund contribution for the retirement village; or
(b) whose freehold property in the retirement village has not been sold; or
(c) whose exit entitlement relating to an accommodation unit in the retirement village has not been paid to the person entitled to receive it under section 63 of the Act .

"fund budget" means each of the following—
(a) a capital replacement fund budget;
(b) a maintenance reserve fund budget;
(c) a general services charge budget.

"general services charge budget" see section 102A (1) of the Act .

"general services charges budget" ...

"home care" has the meaning given by the Aged Care Act 1997 (Cwlth) .

"lease" includes an instrument of lease under the Land Title Act 1994 , whether or not the instrument is registered under that Act.

"lot" see the Land Title Act 1994 , schedule 2 .

"maintenance and repair quantity surveyor report" means a report prepared under section 98 (1) of the Act .

"maintenance reserve fund budget" see section 99 of the Act .

"material" , in relation to information, has the meaning given by Australian Accounting Standards.

"new scheme operator" see section 41C (1) of the Act .

"redevelopment" , of a retirement village, see section 113C (3) of the Act and section 16A of this regulation.

"registered" , for a building management statement or community management statement, means registered in the freehold land register under the Land Title Act 1994 .

"regulation module" see the Body Corporate and Community Management Act 1997 , section 21 .

"reinstatement work" see section 56 (1) of the Act .

"relevant period" means—
(a) for a statement, mentioned in section 16D (2) (a) , prepared for an annual financial statement—the financial year to which the annual financial statement relates; or
(b) for a statement, mentioned in section 16E (2) (a) , prepared for a quarterly financial statement—the financial quarter to which the quarterly financial statement relates.

"renovation work" see section 59A (7) of the Act .

"residential tenancy agreement" see the Residential Tenancies and Rooming Accommodation Act 2008 , section 12 .

"section 107 expenditure" means the following expenditure of a retirement village—
(a) rates, taxes or charges levied under an Act in relation to the retirement village land or its use;
(b) salary or wages of a person engaged in the retirement village’s operation and payable under an award, certified agreement or other industrial instrument made, approved, certified or continued in force under the Industrial Relations Act 2016 or a Commonwealth Act;
(c) insurance premiums, or insurance excesses paid, in relation to the retirement village or its use;
(d) an expense incurred by a manager, or an amount charged by a manager, that must be paid from the general services charges fund under section 38A (1) (a) of the Act .

"shared expense" , in relation to a line item of expected expenditure or expenditure for a retirement village scheme, means an expense incurred partly for that scheme and partly for another scheme, entity or purpose.
Examples—
1 expenditure of a scheme operator that relates to 2 or more retirement villages
2 expenditure of a parent corporation of a scheme operator for management and administration activities for 2 or more retirement villages or aged care services
3 expenditure of a scheme operator shared with a body corporate of the retirement village
4 expenditure of a scheme operator shared with an entity located with the retirement village, for example, an aged care service

"support design feature" , of a retirement village, means a design feature of all or part of the retirement village relating to—
(a) access to the retirement village by persons with a disability; or
(b) use of the retirement village by all persons, to the greatest extent possible, without adaptation or specialised design.

"termination date" see section 56 of the Act .

"transfer day" , for a retirement village scheme, means the day on which full control of the scheme is assumed by the new scheme operator of the scheme.

"village fund" , for a retirement village, means any of the following funds for the retirement village—
(a) the capital replacement fund;
(b) the general services charges fund;
(c) the maintenance reserve fund.



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