Western Australian Current Acts Western Australian Current Acts[s. 84]
[Heading amended: No. 19 of 2010 s. 4.]
Division 1 — Provisions relating to commencement of Act
[Heading inserted: No. 36 of 2012 s. 20.]
1 . Existing disputes and other matters
This Act does not
apply to disputes as to the transfer of a resident from one kind of
accommodation in a retirement village to another which occurred, or
proceedings to terminate residence contracts or regain possession of
residential premises, which commenced before the commencement of section 84.
(1) The regulations
may contain other provisions of a savings or transitional nature consequent on
the enactment of this Act.
(2) A provision
referred to in subclause (1) may, if the regulations so provide, take effect
from the commencement of section 84 or a later day.
(3) To the extent to
which a provision referred to in subclause (1) takes effect from a date that
is earlier than the date of its publication in the Gazette , the provision
does not operate so as —
(a) to
affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the date of
its publication; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the date of
its publication.
(1) The Minister may
by order exempt any —
(a)
operator that administers a retirement village established before the
commencement date;
(b)
retirement village established before the commencement date,
from all or any of the
provisions of this Act to such extent as the exemption relates to any matter
arising before the commencement date and either unconditionally or subject to
such conditions as are specified in the order.
(2) In subclause (1)
—
commencement date means the date on which this Act
comes into operation.
[Clause 3 amended: No. 42 of 2024 s. 48(1).]
Division 2 — Provisions relating to Retirement Villages Amendment Act
2012
[Heading inserted: No. 36 of 2012 s. 21.]
4 . Exemption certificate taken to have been
granted to certain persons
(1) In this clause
—
commencement day means the day on which the
Retirement Villages Amendment Act 2012 section 17 comes into operation;
relevant information , in relation to a person,
means information as to the application of section 76 to the person.
(2) Subclause (3)
applies to a person (a relevant person ) who on the commencement day —
(a) is
—
(i)
the operator of a retirement village; or
(ii)
in any way, whether directly or indirectly, concerned in
the administration of a retirement village;
and
(b) is a
person to whom section 76 applies.
(3) On the
commencement day, an exemption certificate is to be taken to have been granted
under section 77C to a relevant person that has effect, subject to subclause
(4) and section 77C(3) and (4), for the period of 6 months from that day.
(4) If —
(a) an
exemption certificate is to be taken to have been granted to a relevant
person; and
(b) the
person makes an application under section 77C(1) during the period referred to
in subclause (3),
the exemption
certificate —
(c)
continues to have effect, whether or not the period referred to in subclause
(3) expires, until the application is determined; and
(d) is
cancelled by force of this subclause at the time of that determination.
(5) A person who on
the commencement day —
(a) is
employed or engaged in any way that, whether directly or indirectly, is
concerned in the administration of a retirement village; and
(b) is a
person to whom section 76 applies,
must give relevant
information to the person by whom he or she is employed or engaged within 14
days after the commencement day.
Penalty for this subclause: a fine of $20 000.
[Clause 4 inserted: No. 36 of 2012 s. 21; amended:
No. 42 of 2024 s. 48(1) and 50.]
(1) In this clause
—
amending Act means the Retirement Villages
Amendment Act 2012 ;
commencement day means the day on which section 21
of the amending Act comes into operation;
Gazettal day means the day on which transitional
regulations are published in the Gazette ;
transitional matter means a matter of a
transitional, savings or application nature;
transitional regulations means regulations under
subclause (2).
(2) Regulations may
prescribe anything necessary or convenient to be prescribed in relation to a
transitional matter in connection with amendments made to this Act by the
amending Act.
(3) Without limiting
subclause (2), transitional regulations may modify the operation of
section 6(2) in respect of any matter specified in the regulations.
(4) Transitional
regulations can only be made before the end of the period of 12 months
beginning on commencement day.
(5) If transitional
regulations provide that a state of affairs is to be taken to have existed, or
not to have existed, on and from a day (the operative day ) that is earlier
than Gazettal day, the regulations have effect according to their terms as
long as the operative day is not earlier than the commencement day.
(6) If transitional
regulations contain a provision referred to in subclause (5), the provision
does not operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before Gazettal
day; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before Gazettal day.
[Clause 5 inserted: No. 36 of 2012 s. 21.]
[Heading inserted: No. 42 of 2024 s. 47.]
In this Division
—
amending Act means the Retirement Villages
Amendment Act 2024 .
[Clause 6 inserted: No. 42 of 2024 s. 47.]
(1) In this clause
—
publication day , for transitional regulations,
means the day on which those regulations are published on the WA legislation
website;
specified means specified or described in
transitional regulations;
transitional matter means a matter or issue of a
transitional, savings or application nature;
transitional regulations means regulations made
under subclause (2).
(2) Regulations may
prescribe anything required, necessary or convenient to be prescribed in
relation to a transitional matter in connection with the enactment of, or any
amendment made by, the amending Act.
(3) Without limiting
subclause (2), transitional regulations may provide for specified provisions
of this Act or another written law —
(a) not
to apply to, or in relation to, a specified matter or thing; or
(b) to
apply with specified modifications to, or in relation to, a specified matter
or thing.
(4) Without limiting
subclause (2), transitional regulations may provide that an amendment made by
the amending Act extends to a specified matter or thing that was in existence
before the amendment comes into operation.
(5) Without limiting
subclause (2), transitional regulations may provide —
(a) that
a premium paid before an amendment made by the amending Act comes into
operation is, on that coming into operation, taken to be an ingoing
contribution; and
(b) that
a premium, or part of a premium, repayable under a contract entered into
before an amendment made by the amending Act comes into operation is, on that
coming into operation, taken to be an exit entitlement; and
(c) for
any other matter in connection with premiums, ingoing contributions and exit
entitlements.
(6) Without limiting
subclause (2), transitional regulations may make provision about the
application of an amendment made by the amending Act to persons who had
permanently vacated residential premises in a retirement village before the
amendment comes into operation.
(7) If transitional
regulations provide that a specified state of affairs is taken to have
existed, or not to have existed, on and after a day that is earlier than
publication day but not earlier than the day on which the relevant provision
of the amending Act came into operation, the regulations have effect according
to their terms.
(8) If transitional
regulations contain a provision referred to in subclause (7), the provision
does not operate so as to —
(a)
affect in a manner prejudicial to a person (other than the State or an
authority of the State) the rights of that person existing before publication
day; or
(b)
impose liabilities on a person (other than the State or an authority of the
State) in respect of an act done or omission made before publication day.
[Clause 7 inserted: No. 42 of 2024 s. 47.]
8 . References to administering bodies taken to be
references to operators
A reference in any of
the following to an administering body under this Act is taken to be a
reference to an operator —
(a) a
written law, including, in particular —
(i)
regulations under this Act; and
(ii)
any applicable code;
(b) an
instrument under a written law;
(c) any
other document (including a contract).
[Clause 8 inserted: No. 42 of 2024 s. 47.]
9 . Inserted provisions, and regulations under
them, extend to existing arrangements
(1) Section 6(2) does
not have effect in relation to a provision of this Act that is inserted by the
amending Act (an inserted provision ).
(2) Accordingly, an
inserted provision extends to a retirement village, or a contract, agreement,
scheme or arrangement, that was in existence before that provision comes into
operation.
(3) Regulations made
under an inserted provision extend to a retirement village, or a contract,
agreement, scheme or arrangement, that was in existence before the regulations
come into operation.
(4) This clause
applies except to the extent that the regulations provide otherwise.
[Clause 9 inserted: No. 42 of 2024 s. 47.]
10 . Amendments do not affect existing proceedings
Despite the other
provisions of this Division (including, in particular, clause 9), an amendment
made to this Act by the amending Act does not apply to proceedings, including
criminal proceedings, that were commenced, but not finally determined, before
the amendment comes into operation.
[Clause 10 inserted: No. 42 of 2024 s. 47.]
This is a compilation of the Retirement Villages Act 1992 and includes
amendments made by other written laws 1 . For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
34 of 1992 |
19 Jun 1992 |
s. 1 and 2: 19 Jun 1992; | |
|
Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Transfer of Land Amendment Act 1996 s. 153(1) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
|
Trustees Amendment Act 1997 s. 18 |
1 of 1997 |
6 May 1997 |
16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997 p. 2661) |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 39(10) and 104 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Reprint of the Retirement Villages Act 1992 as at 22 Jan 1999 (includes
amendments listed above) | |||
|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 60(1) |
43 of 2000 |
2 Nov 2000 |
17 Feb 2001 (see s. 2(2) and Gazette 16 Feb 2001 p. 903) |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 52 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 62 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 113 2, 3 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Reprint 2: The Retirement Villages Act 1992 as at 1 Apr 2005 (includes
amendments listed above) | |||
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 21 4 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Consumer Protection Legislation Amendment and Repeal Act 2006 Pt. 10 |
69 of 2006 |
13 Dec 2006 |
14 Jul 2007 (see s. 2 and Gazette 13 Jul 2007 p. 3453) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Reprint 3: The Retirement Villages Act 1992 as at 10 Oct 2008 (includes
amendments listed above) | |||
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 110 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Acts Amendment (Fair Trading) Act 2010 s. 190 and 199 |
58 of 2010 |
8 Dec 2010 |
1 Jan 2011 (see s. 2(c) and Gazette 24 Dec 2010 p. 6805) |
|
Building Act 2011 s. 171 |
24 of 2011 |
11 Jul 2011 |
2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033) |
|
Retirement Villages Amendment Act 2012 (other than s. 4(4)) |
36 of 2012 |
5 Nov 2012 |
s. 1 and 2: 5 Nov 2012 (see s. 2(a)); |
|
Reprint 4: The Retirement Villages Act 1992 as at 5 Jul 2013 (includes
amendments listed above except those in the Retirement Villages Amendment Act
2012 ) | |||
|
Strata Titles Amendment Act 2018 Pt. 3 Div. 19 |
30 of 2018 |
19 Nov 2018 |
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) |
|
Community Titles Act 2018 Pt. 14 Div. 19 |
32 of 2018 |
19 Nov 2018 |
30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) |
|
Directors’ Liability Reform Act 2023 Pt. 3 Div. 54 |
9 of 2023 |
4 Apr 2023 |
5 Apr 2023 (see s. 2(j)) |
|
Retirement Villages Amendment Act 2024 |
42 of 2024 |
13 Nov 2024 |
Pt. 1: 13 Nov 2024 (see s. 2(a)); |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 60(2) 5 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
|
Retirement Villages Amendment Act 2012 s. 4(4) |
36 of 2012 |
5 Nov 2012 |
To be proclaimed (see s. 2(b)) |
|
Retirement Villages Amendment Act 2024 Pt. 2 Div. 1 |
42 of 2024 |
13 Nov 2024 |
To be proclaimed (see s. 2(c)) |
1 The Courts Legislation Amendment and Repeal Act
2004 Sch. 2 cl. 45 was repealed by the Criminal Law and
Evidence Amendment Act 2008 s. 77(13).
2 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
3 The
State Administrative Tribunal Regulations 2004 r. 37 reads as follows:
37. Retirement Villages Act 1992
(1) In this regulation
—
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act
2004 Part 2 Division 113 comes into operation.
(2) If a matter being
dealt with under the Retirement Villages Act 1992 by the Retirement Villages
Disputes Tribunal before the commencement day is transferred to the Tribunal
under the Act section 167(4)(b) —
(a) the
Act section 39 does not apply; and
(b) the
matter is to be dealt with by the Tribunal as if the Retirement Villages Act
1992 section 47 in force immediately before the commencement day continued to
apply and a reference in that section to the Tribunal were a reference to the
State Administrative Tribunal.
4 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 4 Div. 23 is a transitional provision that is of no
further effect.
5 On the date as at which this compilation was
prepared, the
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 60(2) had not come into operation. The section that it seeks to amend has
been deleted.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
amending Act
Sch. 1 cl. 5(1) and 6
appointed
75F(1)
approved form 3(1)
assets
75A
code 3(1)
commencement
date Sch. 1 cl. 3(2)
commencement day
Sch. 1 cl. 4(1) and 5(1)
Commissioner
3(1)
Department 3(1)
executive
officer 7A(3)
external administration
75G(1)
external administrator
75G(1)
former resident 23(1), 24(1)
functions
75A
Gazettal day Sch.
1 cl. 4(1)
information 11A(3)
inserted provision
Sch. 1 cl. 9(1)
levy
2(1)
operative day Sch. 1 cl. 5(5)
operator
3(1)
other persons 75D(1)
owner 3(1), 13(7)
premium
3(1)
property 75A
publication day
Sch. 1 cl. 7(1)
records
75H(1)
recurrent charge 3(1)
recurrent charges
23(1), 24(1)
Registrar of Titles
3(1)
relevant 75H(1)
relevant
information 77B(1), Sch. 1 cl. 4(1)
relevant
person Sch. 1 cl. 4(2)
residence contract
3(1)
residence rules 3(1)
resident 3(1), 9(8)
residential premises
3(1)
residential tenancy agreement
3(1)
retired person 3(1)
retirement village
3(1)
retirement village scheme
3(1)
service 19(7)
service contract
3(1)
special resolution
57A(3)
specified Sch. 1 cl. 7(1)
statutory
manager 11(1), 75A
successor in title
17(3)
transitional matter
Sch. 1 cl. 5(1) and 7(1)
transitional regulations
Sch. 1 cl. 5(1) and 7(1)
Tribunal 3(1)
working day
3(1)
© State of Western Australia 2024
.
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the licence, visit www.legislation.wa.gov.au .
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of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer