Victorian Numbered Regulations

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RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017 (SR NO 67 OF 2017) - REG 17

Transitional provisions

    (1)     These Regulations do not apply to a residence contract entered into and in force immediately before the commencement of the Retirement Villages (Contractual Arrangements) Regulations 2006.

    (2)     Subregulation (3) applies to a residence contract that—

        (a)     is entered into by an owner and a non-owner resident; and

        (b)     is entered into during the period beginning on the commencement of the Retirement Villages (Contractual Arrangements) Regulations 2006 and ending on 16 September 2006; and

        (c)     does not include the clauses in Schedule 1 or 2.

    (3)     A condition included in a residence contract to which this subregulation applies is a condition for the purposes of section 26(2)(c) of the Act if that condition entitles the non-owner resident or the non-owner resident's legal personal representative to recover the amount refundable under section 26(1) of the Act as a consequence of—

        (a)     the payment being made by another person under a residence contract of an in-going contribution in respect of the premises of the non-owner resident; or

        (b)     any other event that precedes payment being made by another person under a residence contract of an in-going contribution in respect of the premises.



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