Retirement Villages Regulation 2017 (2017-485) (NSW)

Retirement Villages Regulation 2017

Part 1 Preliminary

1 Name of Regulation This Regulation is the Retirement Villages Regulation 2017.

2 Commencement This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Retirement Villages Regulation 2009 which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— Department means the Department of Customer Service. Form means a form set out in Schedule 1. relevant village information has the same meaning as in the Act, section 197B. termination notice means a notice under section 131 of the Act (that is, a notice of intention to apply to the Tribunal for an order terminating a residence contract). the Act means the Retirement Villages Act 1999.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation (other than Schedule 1) do not form part of this Regulation.

4 Definition of "capital maintenance" For the purposes of the definition of capital maintenance in section 4 (1) of the Act, capital maintenance does not include the following— (a) work done to substantially improve an item of capital beyond its original condition, (b) work done to maintain or repair an item of capital in circumstances where it would have been more cost effective to replace the item of capital.

5 Definition of "item of capital" For the purposes of paragraph (d) of the definition of item of capital in section 4 (1) of the Act, the following items in a retirement village or residential premises within a retirement village are prescribed to be items of capital— (a) fixtures (for example, bench tops, built-in cupboards and wardrobes, floor coverings, hot water systems and stoves), (b) fittings (for example, light fittings, taps and sanitary fittings), (c) furnishings (for example, curtains and blinds), (d) non-fixed items (for example, whitegoods, portable air conditioners, fans, tables and chairs).