Australian Capital Territory Numbered Regulations

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RETIREMENT VILLAGES AMENDMENT REGULATION 2016 (NO 1) (NO 27 OF 2016) - REG 7

Section 37

substitute

37     Notice accompanying proposed annual budget—Act, s 159 (5) (d)

The notice accompanying a proposed annual budget must include the following statements:

        (a)     the operator must provide the information in relation to the proposed expenditure that the residents committee or, if there is no residents committee, a resident reasonably requests;

        (b)     the operator must not spend money received by way of recurrent charges otherwise than in accordance with the approved annual budget, except in a way that would be only—

              (i)     a minor amendment of the approved annual budget; or

              (ii)     an amendment between items in the approved annual budget if the amendment does not reduce the level of services provided and does not cause total expenditure to be exceeded;

        (c)     it is a requirement of the Act

, section 159 (Proposed annual budget) that the operator of the village give each resident a copy of the proposed annual budget for the financial year for the village—

              (i)     on a day, at least 30 days before the beginning of the financial year to which the budget relates, agreed to by the operator and the residents; or

              (ii)     if no day is agreed—at least 60 days before the beginning of the financial year to which the budget relates;

        (d)     it is a requirement of the Act

, section 162 (Residents' consent to spending) that the residents—

              (i)     tell the operator whether they consent or do not consent to the proposed budget; and

              (ii)     if the residents do not consent to the proposed budget—state which item in the proposed budget they object to;

        (e)     if the operator is not told whether the residents consent or do not consent to the proposed budget, the residents are taken to have refused consent;

        (f)     consent by residents to an amendment of recurrent charges under the village contract is not consent to spending stated in the proposed budget.



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