Queensland Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 89

89 Power of attorney

(1) A scheme operator must not exercise or purport to exercise a power conferred on, or exercisable by, the scheme operator under a limited, general or enduring power of attorney given by a resident of the retirement village in favour of the scheme operator.

Maximum penalty—540 penalty units.

(2) However, the scheme operator does not contravene subsection (1) if—

(a) the resident is a spouse or other relative of the scheme operator; or
(b) the scheme operator exercises, or purports to exercise, a power of attorney given to the operator by the resident to execute a surrender of a registered lease in favour of the resident over an accommodation unit after the resident's residence contract has been lawfully terminated under this Act; or
(c) the resident gives the power of attorney under the Body Corporate and Community Management Act 1997, section 211 or 219.


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