Notice to vacate by mortgagee (1) If a mortgagee in respect of an SDA enrolled dwelling becomes entitled to possession of, or to exercise a power of sale in respect of, the SDA enrolled dwelling under a mortgage, the mortgagee may give the SDA resident a notice to vacate the SDA enrolled dwelling.
(2) A notice to vacate under this section—
(a) must specify the ground on which the notice is given; and
(b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and
(c) must be signed by the mortgagee; and
(d) must be given to— (i) the SDA resident; and (ii) the SDA resident's guardian or the SDA resident's administrator, if any.
(3) The mortgagee must notify the Chief Executive Officer of the NDIA, the Public Advocate and the Director of the details of a notice to vacate within 24 hours of the notice being given to an SDA recipient. Penalty: 60 penalty units.
(4) The mortgagee must notify the Public Advocate and the Director of the details of a notice to vacate within 24 hours of the notice being given to a CoS supported accommodation client. Penalty: 60 penalty units.
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