New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act amending this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) In this Part--
"repealed Act" means the Residential Parks Act 1998 .
(2) A reference in a provision of this Part to the Tribunal is to be read as a reference to the Consumer, Trader and Tenancy Tribunal or, if the provision becomes operative on or after the establishment day (within the meaning of the Civil and Administrative Tribunal Act 2013 ), the Civil and Administrative Tribunal.
Subject to this Act, each person, thing and circumstance appointed or created under the repealed Act or existing or continuing under that Act immediately before the commencement of the relevant provisions of this Act continues to have the same status, operation and effect as it would have had if this Act had not been enacted.
(1) If current registrable information about a residential park was included in the register of residential parks under the repealed Act and operative immediately before the commencement of the relevant provisions of this Act, the park is taken to be registered as a community under this Act.
(2) However, the Commissioner may require appropriate persons to provide particulars for inclusion in the Register of Communities under this Act.
(1) Agreements entered into under the repealed Act that have not been terminated remain valid after the commencement of the relevant provisions of this Act.Note--: Accordingly, an existing agreement continues without the need to sign a new agreement once this Act commences.
(2) Without limiting subclause (1), a term of an agreement entered into under the repealed Act that provides for the increase of site fees by a fixed method (however expressed) remains in force after the commencement of the relevant provisions of this Act.
(3) A residential site agreement, moveable dwelling agreement or NPWS agreement (other than an excluded agreement) in force immediately before the repeal of the repealed Act is taken, on that repeal, to be a site agreement between the resident (as or on behalf of the home owner) and the park owner (as operator of the community in which the home is located).
(4) An excluded agreement in force immediately before the repeal of the repealed Act is taken, on that repeal, to be a tenancy agreement.
(5) This clause does not validate a term of an agreement entered into under the repealed Act that was void under that Act.
(6) In this clause--
"excluded agreement" means a moveable dwelling agreement or NPWS agreement under which a resident occupies a home that is owned by the park owner.
"moveable dwelling agreement" means an agreement of a kind referred to in clause 5(1)(c) or (d) of the Residential Parks Regulation 2006 as in force immediately before its repeal by this Act.
"NPWS agreement" means an agreement of a kind referred to in clause 5(1)(e) of the Residential Parks Regulation 2006 as in force immediately before its repeal by this Act.
Any proceedings before the Tribunal or a court that were commenced before the commencement of the relevant provisions of this Act but have not been determined before that commencement are to be determined in accordance with the repealed Act.
Any order of a Tribunal or court made under or for the purposes of the repealed Act and operative immediately before the repeal of the relevant provisions of that Act continues in force despite that repeal.
Any termination notice issued under the repealed Act and operative immediately before the repeal of the relevant provisions of that Act is taken to have been issued under this Act, unless proceedings referred to in clause 6 arising from the issue of the notice are to be determined in accordance with the repealed Act as provided in that clause.
(1) A valid notice issued under the repealed Act in relation to a rent increase operates in the same way as a corresponding notice issued for a site fee increase under this Act, even if the increase had not taken effect at the commencement of the relevant provisions of this Act.
(2) Any dispute about an increase to which such a notice was issued and for which an application was not pending at that commencement is to be dealt with in accordance with this Act.
(3) The provisions of Part 6 of this Act that provide that site fees must not be increased more than once in any 12-month period apply in relation to site agreements operative at that commencement.
If notice for closure or change of use under the repealed Act has been given and compensation to any residents affected has not yet been paid at the commencement of the relevant provisions of this Act, this Act applies in relation to the compensation.
Any goods left behind by a former resident under the repealed Act that have not already been sold or otherwise dealt with at the commencement of the relevant provisions of this Act are to be dealt with in accordance with this Act.
Any administrators appointed under the repealed Act are taken to be administrators under this Act.
Any enforcement action for offences under the repealed Act, including penalty notices issued, is not affected by the repeal of that Act.
Any delegations made by the Director-General of the Department of Finance and Services under the repealed Act and in force immediately before the commencement of the relevant provisions of this Act are taken to be delegations made by the Commissioner under this Act.
(1) Any fees and charges which were validly paid or received under the repealed Act are not affected by this Act.
(2) Any new fee or charge permitted by this Act does not apply to any agreement entered into before the commencement of the relevant provisions of this Act.
(3) Fees for late payment of utility charges are not payable for utilities unpaid at the commencement of the relevant provisions of this Act.
(1) This Act does not affect any contract for the sale of a home that was entered into before the commencement of the relevant provisions of this Act.
(2) This Act does not affect the appointment of a person made before the commencement of the relevant provisions of this Act for the sale of a home.
(3) This Act does not require a home owner to inform the operator of the community of the intention to sell the home if the home is being advertised for sale at the commencement of the relevant provisions of this Act.
The disclosure statement and approved information referred to in Part 4 of this Act is required to be given to a person who is a prospective home owner at the commencement of the relevant provisions of this Act, even if the person had received information under the repealed Act.
(1) Any residents committee established under the repealed Act and in existence at the commencement of the relevant provisions of this Act is taken to be a residents committee under this Act.
(2) Any Park Liaison Committee established under the repealed Act and in existence at the commencement of the relevant provisions of this Act is taken to be a residents committee under this Act, excluding any management representatives, unless the park already has a residents committee. Otherwise, it is dissolved.
(1) Park rules made under the repealed Act and operative at the commencement of the relevant provisions of this Act are taken to be community rules under this Act and are to be complied with and enforced accordingly.
(2) Any notice given under the repealed Act and operative at the commencement of the relevant provisions of this Act to amend park rules is taken to have been given under this Act.
(3) Park rules that formed part of agreements under the repealed Act are, after the commencement of the relevant provisions of this Act, taken to no longer be terms of those agreements.
Notices validly served under the repealed Act before the commencement of the relevant provisions of this Act are taken to have been validly served under this Act.
In this part--
"amended" , in relation to a provision of this Act, means the provision as in
force on and from the commencement day.
"commencement day" means the day on which this clause commences.
"compliant site agreement" means a site agreement that--
(a) replaces an existing site agreement that provides for the increase of the site fees payable under the agreement by a fixed method that does not comply with amended sections 65 and 66, and
(b) complies with requirements of the Act as in force from the commencement.
(a) vary the fixed method by which site fees are increased under the existing site agreement so that it complies with amended sections 65 and 66, or
(b) vary the terms of the existing site agreement to provide for the increase of site fees by notice under section 67.
(1) This clause applies in relation to an existing site agreement if, on the commencement day, the agreement provides for the increase of the site fees payable under the agreement by a fixed method that does not comply with amended sections 65 and 66.
(2) Despite amended sections 65 and 66, previous sections 65 and 66 continue to apply in relation to the increase of site fees under the existing site agreement until the earlier of the following--(a) the transition day,(b) the day on which the parties to the existing site agreement enter into either--(i) a variation agreement for the existing site agreement, or(ii) a compliant site agreement.
(1) This clause applies if the parties to the existing site agreement have not entered into a variation agreement or compliant site agreement by the transition day.
(2) From the transition day, despite the terms of the existing site agreement--(a) clause 22 stops applying in relation to the existing site agreement, and(b) the site fees payable under the existing site agreement may only be increased by notice, and(c) section 67 applies to the site agreement as if the site agreement provides for the increase of the site fees by notice.
(1) This clause applies if the parties to the existing site agreement enter into a variation agreement or compliant site agreement after the transition day.
(2) On and from the day the parties enter into the variation agreement or compliant site agreement and subject to Part 6, Division 3--(a) if the parties entered into a variation agreement for the existing site agreement--(i) clause 23 stops applying in relation to the increase of site fees payable under the existing site agreement, and(ii) site fees payable under the existing agreement are to be increased in accordance with the existing site agreement as varied by the variation agreement, or(b) if the parties entered into a compliant site agreement--site fees payable under the compliant site agreement are to be increased in accordance with the terms of the compliant site agreement.