Queensland Numbered Acts

RETIREMENT VILLAGES AMENDMENT ACT 2006 No. 6 - SECT 64

(1) Schedule, definitions capital improvement, cooling-off period, excluded contract, general services, maintenance, personal services, repairs and replacement--

omit.

(2) Schedule--

insert--

'2006 Amendment Act means the Retirement Villages Amendment Act 2006.

accelerated wear means wear that happens more quickly than would have reasonably been expected.

capital improvement--

(a) means the first time provision of a capital item; and

(b) to the extent it is not inconsistent with paragraph (a), includes a thing that is a capital improvement under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with capital improvement.

cooling-off period, for a residence contract, means a 14 day period starting on--

(a) the day the contract is signed; or

(b) if the residence contract is subject to a later event happening or another contract being entered into--the day the later event happens or the other contract is entered into.

day to day maintenance, of a capital item, means maintenance of the item that is carried out regularly and with little expense.

decision notice see section 28(5).

deregistration notice see section 28A(2).

excluded contract means a written contract between an approved provider and another person under which the approved provider agrees to provide residential care to the person that is at least equivalent to the standard of care that would be required for the approved provider to meet the approved provider's responsibilities under the Aged Care Act 1997 (Cwlth), chapter 4.6

general services are services supplied, or made available, to all residents of a retirement village.

Examples of general services--

management and administration

gardening and general maintenance

a shop or other facility for supplying goods to residents

a service or facility for the recreation or entertainment of residents

gross ingoing contribution means the ingoing contribution before any deductions are made.

maintenance, of a capital item--

(a) means the upkeep of the capital item in good condition and efficient working order; and

(b) to the extent it is not inconsistent with paragraph (a), includes doing something that, under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with maintenance of capital items, is maintenance of the capital item.

personal services are optional services supplied or made available for the benefit, care or enjoyment of a resident of a retirement village.

Examples of personal services--

laundry

meals

cleaning the resident's accommodation unit

reinstatement work, for an accommodation unit, means the replacements or repairs that are reasonably necessary to be done to reinstate the accommodation unit to a marketable condition having regard to--

(a) the condition of the accommodation unit at the start of the former resident's occupation; and

(b) the general condition of other accommodation units in the retirement village that are comparable with the accommodation unit.

relative, of a resident, means the resident's spouse, mother, step-mother, father, step-father, sister, step-sister, half-sister, brother, step-brother, half-brother, child or step-child.

repairs, to a capital item--

(a) means the restoration of the item by fixing or replacing parts of the item; and

(b) to the extent it is not inconsistent with paragraph (a), includes doing something that, under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with repairs to capital items, is repairs to the capital item.

replacement, of a capital item--

(a) means the substitution of the same type of item or an equivalent item; and

(b) to the extent it is not inconsistent with paragraph (a), includes doing something that, under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with replacement of capital items, is replacement of the capital item.'.

(3) Schedule, definition capital items, paragraph (a), 'are a resident's contracted responsibility'--

omit, insert--

', under the residence contract, are to be maintained, repaired and replaced by the resident'.

(4) Schedule, definition capital items, paragraph (b), after 'village'--

insert--

', other than items that are body corporate property'.

(5) Schedule, definition special resolution, paragraph (b)--

omit, insert--

'(b) by at least three-quarters of the persons entitled to vote who vote--

(i) personally or by proxy at the meeting; or

(ii) by postal ballot.'.