3 Act amended

This part amends the Residential Tenancies and Rooming Accommodation Act 2008.

4 Amendment of s 29 (Act applies to certain residential tenancy agreements etc.)

Section 29 (2), example 3—

omit, insert—

5 Amendment of s 44 (Rooming accommodation agreements to which Act does not apply)

Section 44 (3) —

omit, insert—

(3) Despite subsection (1), if a rental bond is paid for rooming accommodation mentioned in subsection (1)(a) or (f), the provisions of this Act about rental bonds apply to the agreement.

6 Insertion of new s 44A

After section 44 —

insert—

44A Boarders and lodgers

(1) This Act does not apply to a rooming accommodation agreement if the resident is a boarder or lodger.

(2) However, if a rental bond is paid for a rooming accommodation agreement under which the resident is a boarder or lodger, the provisions of this Act about rental bonds apply to the agreement.
[Note: See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger.]

7 Amendment of s 57 (Offer of residential tenancy must be for rent at a fixed amount)

(1) Section 57 (1), ‘lessor or lessor’s agent’—omit, insert—person

(2) Section 57 (1), penalty—omit, insert—
[Note: Maximum penalty—50 penalty units.]

(3) Section 57 (2), ‘lessor or lessor’s agent’—omit, insert—person

(4) Section 57 (2), penalty—omit, insert—
[Note: Maximum penalty—50 penalty units.]

(5) Section 57 —insert—

(2A) A person must not solicit or otherwise invite an offer, or accept an offer, of an amount for a residential tenancy for premises that is more than the fixed amount stated in an advertisement or offer as the amount of rent for the premises.
[Note: Maximum penalty—50 penalty units.]

(6) Section 57 (2A) and (3) —renumber as section 57 (3) and (4).

8 Amendment of s 61 (Written agreements required)

Section 61 (2) —

insert—

(c) include the day the rent for the premises was last increased, within the meaning of section 93, at the time the agreement is entered into.

9 Amendment of s 73 (Standard terms)

Section 73 (2), note, ‘ section 77 (2) ’—

omit, insert—

10 Insertion of new s 76AA

After section 76 —

insert—

76AA Offer of rooming accommodation must be for rent at a fixed amount

(1) A person must not advertise or otherwise offer rooming accommodation for rental premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the rental premises.
[Note: Maximum penalty—50 penalty units.]

(2) A person must not accept a rental bond from the resident of rental premises if the rooming accommodation for the rental premises was advertised or offered without stating a fixed amount of rent for the rental premises.
[Note: Maximum penalty—50 penalty units.]

(3) A person must not solicit or otherwise invite an offer, or accept an offer, of an amount for rooming accommodation for rental premises that is more than the fixed amount stated in an advertisement or offer as the amount of rent for the rental premises.
[Note: Maximum penalty—50 penalty units.]

(4) A person does not contravene this section merely by placing a sign on or near rental premises advertising or offering rooming accommodation for the rental premises without stating the amount of rent for the rental premises on the sign.

11 Amendment of s 77 (Written agreement required)

(1) Section 77 (1), penalty—omit, insert—
[Note: Maximum penalty—40 penalty units.]

(2) Section 77 (2) —omit, insert—

(2) The written agreement must include—

(a) the standard terms for the agreement; and

(b) any special terms of the agreement; and

(c) the day the rent for the resident’s room was last increased, within the meaning of section 105B, at the time the agreement is entered into.

12 Insertion of new s 82A

Before section 83 —

insert—

82A Meaning of exempt lessor In this division, a lessor of premises is an "exempt lessor" if—

(a) the lessor receives funding for the premises under the Housing Act 2003 if the amount of rent payable for the premises is determined by household income; or
[Note:

• a community housing provider

• a specialist homelessness service

]

(b) the lessor receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007 if the amount of rent payable for the premises is determined by household income; or

(c) the lessor is the chief executive of the housing department, acting on behalf of the State; or

(d) the lessor is the State and the tenant is an officer or employee of the State; or

(e) the lessor is the replacement lessor under a community housing provider tenancy agreement; or

(f) the lessor is prescribed by regulation to be an exempt lessor.

13 Amendment of s 87 (Rent in advance)

(1) Section 87 (1) —omit, insert—

(1) A person must not accept an amount for payment of rent in advance for a residential tenancy for premises if the amount is more than—

(a) for a periodic agreement or an agreement for moveable dwelling premises—2 weeks rent; or

(b) for another agreement—4 weeks rent.

[Note: Maximum penalty—50 penalty units.]

(2) Section 87 (2), ‘lessor or lessor’s agent’—omit, insert—person

14 Amendment of s 91 (Rent increases)

(1) Section 91 (1) —insert—
[Note: See also section 93 for the minimum period before rent can be increased under a residential tenancy agreement.]

(2) Section 91 (3) —insert—

(c) the day the rent was last increased for the premises.

(3) Section 91 (8), ‘ section 93 ’—omit, insert—sections 93 and 93A

15 Amendment of s 93 (Minimum period before rent can be increased)

(1) Section 93 (1) and (2) —omit, insert—

(1) A lessor or lessor’s agent must not increase, or purport to increase, the rent payable by a tenant less than 12 months after the last rent increase for the residential premises.
[Note: Maximum penalty—20 penalty units.]

(2) For this section, rent is "increased" for the residential premises if—

(a) a rent increase happens during the term of a residential tenancy agreement; or

(b) a new residential tenancy agreement (a "new agreement") is entered into for the residential premises and, immediately before rent becomes payable under the new agreement, either—

(i) rent was not payable for the residential premises; or

(ii) the amount of rent payable for the residential premises was less than the rent that will be payable under the new agreement.

(2A) The 12-month period mentioned in subsection (1) applies even if the last rent increase for the residential premises related to a different residential tenancy agreement, including a residential tenancy agreement entered into by a previous owner of the premises.
[Note: Under a residential tenancy agreement with Tenant A, rent is increased on 1 November 2024. A new residential tenancy agreement for the residential premises is entered into with Tenant B, commencing on 1 February 2025. Under subsection (1), the rent must not be increased until 12 months after 1 November 2024.]

(2B) Also, if the residential premises are moveable dwelling premises in a moveable dwelling park for a long tenancy (moveable dwelling), the 12-month period mentioned in subsection (1) applies whether the last rent increase was for the dwelling or its site, or both.

(2) Section 93 (5) —omit, insert—

(5) This section does not apply—

(a) to an exempt lessor or an agent of an exempt lessor; or

(b) to the extent the rent payable under a residential tenancy agreement is increased under an order of the tribunal under section 93B.

(3) Section 93 (6) —omit.

(4) Section 93 (2A) to (5) —renumber as section 93 (3) to (7).

16 Insertion of new ss 93A and 93B

After section 93 —

insert—

93A Evidence of last rent increase

(1) A tenant may, by written notice, ask a lessor or lessor’s agent to give the tenant evidence of the day of the last rent increase for the residential premises.
[Note:

• a copy of a previous residential tenancy agreement for the residential premises

• a written rent increase notice for the residential premises

• a copy of the rent ledger for the residential premises

]

(2) The lessor or lessor’s agent must give the tenant the evidence within 14 days after receiving the request.
[Note: Maximum penalty—40 penalty units.]

(3) Evidence must not be given to the tenant under this section unless personal information about any other person has been removed or otherwise de-identified.

93B Tribunal order about rent increase

(1) This section applies if a lessor reasonably believes the lessor would be caused undue hardship because the lessor is not able to increase the rent payable under a residential tenancy agreement during the 12-month period mentioned in section 93(1).

(2) The lessor may apply to a tribunal for an order mentioned in subsection (3).

(3) The tribunal may make an order permitting the lessor to increase the rent payable under the residential tenancy agreement by a stated amount.

(4) In deciding the application, the tribunal must have regard to any representation made by a tenant under the residential tenancy agreement about the proposed rent increase and its likely effect on—

(a) the affordability of the premises; and

(b) the tenant’s ability to continue to pay the rent for the premises.

(5) This section does not apply in relation to an exempt lessor or an agent of an exempt lessor.

17 Amendment of s 94 (Rent decreases)

Section 94 —

insert—

(5) Subsection (6) applies if the rent payable under an agreement—

(a) is decreased under this section or by order of a tribunal; and

(b) later reverts to the rent payable before the decrease.

(6) The change in rent payable under the agreement mentioned in subsection (5)(b) is taken not to be a rent increase for section 91 or 93.

18 Amendment of s 101 (Rent in advance)

(1) Section 101 (1) —omit, insert—

(1) A person must not accept an amount for payment of rent in advance for rooming accommodation for rental premises that is more than 2 weeks rent.
[Note: Maximum penalty—50 penalty units.]

(2) Section 101 (2), ‘provider or provider’s agent’—omit, insert—person

19 Amendment of s 105B (Minimum period before rent can be increased)

(1) Section 105B (1) and (2) —omit, insert—

(1) A provider or provider’s agent must not increase, or purport to increase, the rent payable by a resident less than 12 months after the last rent increase for the resident’s room.
[Note: Maximum penalty—20 penalty units.]

(2) For this section, rent is "increased" for the resident’s room if—

(a) a rent increase happens during the term of a rooming accommodation agreement; or

(b) a new rooming accommodation agreement (a "new agreement") is entered into for the resident’s room and, immediately before rent becomes payable under the new agreement, either—

(i) rent was not payable for the resident’s room; or

(ii) the amount of rent payable for the resident’s room was less than the rent that will be payable under the new agreement.

(2A) The 12-month period mentioned in subsection (1) applies even if the last rent increase for the resident’s room related to a different rooming accommodation agreement, including a rooming accommodation agreement entered into by a previous provider of the rental premises.
[Note: Under a rooming accommodation agreement with Resident A, rent is increased on 1 November 2024. A new rooming accommodation agreement for the resident’s room is entered into with Resident B, commencing on 1 February 2025. Under subsection (1), the rent must not be increased until 12 months after 1 November 2024.]

(2) Section 105B —insert—

(3A) If the amount of rent payable under a rooming accommodation agreement includes payment for both accommodation and a service, the 12-month period mentioned in subsection (1) applies only in relation to an increase in rent payable for accommodation under the agreement.

(3) Section 105B —insert—

(4A) This section does not apply to the extent the rent payable under a rooming accommodation agreement is increased under an order of the tribunal under section 105E.

(4) Section 105B (5) —omit.

(5) Section 105B (2A) to (4A) —renumber as section 105B (3) to (7).

20 Insertion of new ss 105C–105E

After section 105B —

insert—

105C Evidence of last rent increase

(1) A resident may, by written notice, ask a provider or provider’s agent to give the resident evidence of the day of the last rent increase for the resident’s room.
[Note:

• a copy of a previous rooming accommodation agreement for the resident’s room

• a written rent increase notice for the resident’s room

• a copy of the rent ledger for the resident’s room

]

(2) The provider or provider’s agent must give the resident the evidence within 14 days after receiving the request.
[Note: Maximum penalty—40 penalty units.]

(3) Evidence must not be given to the resident under this section unless personal information about any other person has been removed or otherwise de-identified.

105D Rent increase in relation to service provided under agreement An increase in the rent payable under a rooming accommodation agreement that relates only to an increase in the cost of a personal care service or food service provided under the agreement is taken not to be a rent increase for section 105 or 105B.

105E Tribunal order about rent increase

(1) This section applies if a provider reasonably believes the provider would be caused undue hardship because the provider is not able to increase the rent payable under a rooming accommodation agreement during the 12-month period mentioned in section 105B(1).

(2) The provider may apply to a tribunal for an order mentioned in subsection (3).

(3) The tribunal may make an order permitting the provider to increase the rent payable under the rooming accommodation agreement by a stated amount.

(4) In deciding the application, the tribunal must have regard to any representation made by a resident under the rooming accommodation agreement about the proposed rent increase and its likely effect on—

(a) the affordability of the resident’s room; and

(b) the resident’s ability to continue to pay the rent for the room.

21 Insertion of new s 107A

After section 107 —

insert—

107A Rent decreases

(1) This section applies if the rent payable under a rooming accommodation agreement—

(a) is decreased under section 106 or 107 or by order of a tribunal; and

(b) later reverts to the rent payable before the decrease.

(2) The change in rent payable under the agreement mentioned in subsection (1)(b) is taken not to be a rent increase for section 105 or 105B.

22 Amendment of s 136E (Payment of rental bond after dispute resolution process)

Section 136E (2) (d) (iii), after ‘withdrawn’—

insert—

or dismissed

23 Replacement of s 138 (Payment to rental bond supplier)

Section 138 —

omit, insert—

138 Payment to rental bond supplier

(1) This section applies if—

(a) all or part of a rental bond is payable to a contributor for the bond; and

(b) all or part of the contributor’s part of the bond was provided by way of loan from the housing department; and

(c) an amount of the loan is owing to the housing department.

(2) The authority must pay the contributor’s part of the rental bond as follows—

(a) to the extent of the amount owing to the housing department—to the housing department;

(b) the remainder, if any, to the contributor.

24 Amendment of s 148 (Order for return of bond if bond wrongfully taken)

Section 148 (1) (b), after ‘ section 76A (2) ’—

insert—

or 76AA(2)

25 Insertion of new s 155A

After section 155 —

insert—

155A Transfer of rental bond

(1) This section applies if a rental bond has been paid for a residential tenancy agreement or rooming accommodation agreement.

(2) The authority may, in the circumstances prescribed by regulation, transfer all or part of the rental bond to another agreement (the "new agreement").

(3) For section 111, an amount of rental bond transferred under this section is taken to be an amount paid by or for the tenant under the new agreement.

(4) Without limiting subsection (2), a regulation may provide for the following matters—

(a) any requirements relating to the transfer of the rental bond that must be complied with for the transfer to take effect, including, for example, the payment of fees;

(b) how a provision of this Act relating to payment or refund of a rental bond applies in relation to a rental bond transferred under this section;

(c) how a provision of this Act relating to the making of claims against the rental bond applies in relation to a rental bond transferred under this section.

(5) This section and any regulation made under this section expire 2 years after this section commences.

26 Insertion of new ch 3, pt 5, div 1, sdiv 1

Before section 207 —

insert—

27 Insertion of new ch 3, pt 5, div 1, sdiv 2

After section 209 —

insert—

28 Amendment of s 245 (Injury to domestic associate)

Section 245 (2) and (7), ‘the tenant’—

omit, insert—

the sole tenant

29 Insertion of new ch 4, pt 1, div 1, hdg

Before section 247 —

insert—

30 Insertion of new ch 4, pt 1, div 2, hdg

Before section 250 —

insert—

31 Insertion of new ch 4, pt 1, div 3, hdg

Before section 253 —

insert—

32 Insertion of new ch 4, pt 1, div 4, hdg and sdiv 1

Before section 254 —

insert—

33 Insertion of new ch 4, pt 1, div 4, sdiv 2

After section 256 —

insert—

34 Amendment of s 259 (Entry after giving notice)

Section 259 (1) —

insert—

(f) to install, maintain or replace a smoke alarm.

35 Amendment of s 277 (Ending of residential tenancy agreements)

Section 277 —

insert—

36 Insertion of new s 292

After section 291 —

insert—

292 Notice to leave for end of agreed short tenancy period

(1) This section applies in relation to a residential tenancy that is a short tenancy (moveable dwelling) for moveable dwelling premises in a moveable dwelling park.

(2) The lessor may give a notice to leave the premises to the tenant relating to the ending of the tenant’s occupation of the premises at the end of—

(a) the base period; or

(b) if a short tenancy (extension) statement has been made—the extended period.

(3) A notice to leave under this section must be given at least 2 days before the period mentioned in subsection (2) ends.

(4) A notice to leave under this section is called a notice to leave for "end of short tenancy (moveable dwelling)".

37 Insertion of new s 307E

After section 307D —

insert—

307E Notice of intention to leave for end of agreed short tenancy period

(1) This section applies in relation to a residential tenancy that is a short tenancy (moveable dwelling) for moveable dwelling premises in a moveable dwelling park.

(2) The tenant may give a notice of intention to leave the premises to the lessor or lessor’s agent relating to the ending of the tenant’s occupation of the premises at the end of—

(a) the base period; or

(b) if a short tenancy (extension) statement has been made—the extended period.

(3) A notice of intention to leave under this section must be given at least 1 day before the period mentioned in subsection (2) ends.

(4) A notice of intention to leave under this section is called a notice of intention to leave for "end of short tenancy (moveable dwelling)".

38 Amendment of s 308I (Confidentiality)

(1) Section 308I (1), ‘evidence supporting’—omit, insert—relevant information in relation to

(2) Section 308I (1) (c) and (2), ‘evidence’—omit, insert—relevant information

(3) Section 308I —insert—

(3) In this section—

"relevant information", for a notice ending tenancy interest, means—

(a) evidence supporting the notice; or

(b) personal information about the tenant who gives the notice, including information about the tenant’s intention to vacate the premises.

39 Amendment of s 326 (Notice to leave)

(1) Section 326 —insert—

(6A) Also, for a notice to leave for end of short tenancy (moveable dwelling), the handover day must be the last day of—

(a) the base period; or

(b) if a short tenancy (extension) statement has been made—the extended period.

(2) Section 326 (6A) and (7) —renumber as section 326 (7) and (8).

40 Amendment of s 327 (Notice of intention to leave)

(1) Section 327 —insert—

(2A) Also, for a notice of intention to leave for end of short tenancy (moveable dwelling), the handover day must be the last day of—

(a) the base period; or

(b) if a short tenancy (extension) statement has been made—the extended period.

(2) Section 327 (5), ‘ Subsection (4) ’—omit, insert—Subsection (5)

(3) Section 327 (2A) to (6) —renumber as section 327 (3) to (7).

41 Amendment of s 366 (Ending of rooming accommodation agreements)

Section 366 —

insert—

42 Amendment of s 380C (Notice to leave if entitlement to student accommodation ends)

Section 380C, heading, ‘to leave’—

omit, insert—

terminating agreement

43 Amendment of s 381I (Confidentiality)

(1) Section 381I (1), ‘evidence supporting’—omit, insert—relevant information in relation to

(2) Section 381I (1) (c) and (2), ‘evidence’—omit, insert—relevant information

(3) Section 381I —insert—

(3) In this section—

"relevant information", for a notice ending residency interest, means—

(a) evidence supporting the notice; or

(b) personal information about the resident who gives the notice, including information about the resident’s intention to leave the rental premises.

44 Amendment of s 393 (Item other than personal document or money)

(1) Section 393 —insert—

(3A) Without limiting subsection (3)(a), reasonable efforts to contact the former resident include the following—

(a) attempting to contact the former resident by telephone, including text message, email or private message on a social media platform;

(b) attempting to contact an emergency contact listed in the rooming accommodation agreement;

(c) publishing a notice in an online newspaper for the city or State in which the former resident is or was residing.

(2) Section 393 (4) (b) —omit, insert—

(b) sell or dispose of the property.

(3) Section 393 (5), ‘ subsection (4) (b) ’—omit, insert—subsection (5)(b)

(4) Section 393 (3A) to (7) —renumber as section 393 (4) to (8).

45 Insertion of new s 519A

After section 519 —

insert—

519A Code of conduct

(1) A regulation may prescribe a code of conduct.

(2) A provision of a code of conduct is a "conduct provision".

(3) A conduct provision may apply to the conduct of agents, lessors, providers, tenants or residents.

(4) A conduct provision must not be inconsistent with a provision of—

(a) the Agents Financial Administration Act 2014; or

(b) the Property Occupations Act 2014.

(5) Despite section 520(2)(b), a regulation may impose a penalty of not more than 50 penalty units for contravention of a conduct provision.

46 Amendment of s 527A (Definitions for ch 13A)

Section 527A, definition replacement lessor, second occurrence—

omit.

47 Insertion of new ch 14, pt 8

Chapter 14 —

insert—

48 Amendment of sch 1 (Notice periods)

(1) Schedule 1, part 1, division 3, table—insert—

notice to leave for end of short tenancy (moveable dwelling) (s 292)

2 days after the notice is given to the tenant

(2) Schedule 1, part 2, division 3, table—insert—

notice of intention to leave for end of short tenancy (moveable dwelling) (s 307E)

1 day after the notice is given to the lessor

49 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions "rental bond supplier" and "replacement lessor" both occurrences—omit.

(2) Schedule 2 —insert—

"end of short tenancy (moveable dwelling)" —

(a) for a notice to leave, see section 292(4); or

(b) for a notice of intention to leave, see section 307E(4).

"exempt lessor", for chapter 2, part 2, division 1, see section 82A.

"extended period" see section 48(1).

"replacement lessor" see section 527A.

(3) Schedule 2, definition personal information, ‘, for chapter 9,’—omit.

50 Insertion of new ss 57B–57D

After section 57A —

insert—

57B Application for residential tenancy

(1) This section applies if a lessor or lessor’s agent requires a prospective tenant to apply for a residential tenancy.

(2) However, this section does not apply to an exempt lessor or an agent of an exempt lessor.

(3) The lessor or lessor’s agent must require the prospective tenant to apply for the residential tenancy using the required application form.
[Note: Maximum penalty—20 penalty units.]

(4) For subsection (3), the "required application form" is an approved form that requires only the following information—

(a) the name and contact details of the prospective tenant;

(b) details of any previous residential tenancy agreements or rooming accommodation agreements the prospective tenant has been a party to;

(c) the prospective tenant’s current employment;

(d) details about the prospective tenant’s income;

(e) referees for the prospective tenant;

(f) the intended term of the tenancy;

(g) any other information prescribed by regulation.

(5) The lessor or lessor’s agent must nominate at least 2 ways for the prospective tenant to submit the application.
[Note: Maximum penalty—20 penalty units.]

(6) For subsection (5), at least 1 of the nominated ways must be a way that is not a restricted way.

(7) In this section—

"exempt lessor" means—

(a) a lessor who receives funding for the premises under the Housing Act 2003, including, for example, funding for the provision of social housing services; or

(b) a lessor who receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007; or

(c) a lessor who is the chief executive of the housing department, acting on behalf of the State; or

(d) a lessor who is the State, if the tenant is an officer or employee of the State; or

(e) a lessor who is the replacement lessor under a community housing provider tenancy agreement; or

(f) a lessor prescribed by regulation to be an exempt lessor.

"restricted way", for submitting an application, means—

(a) a way that involves a prospective tenant using an online platform to give personal information to a person, other than the lessor, who—

(i) collects the information on behalf of the lessor; and

(ii) is not a real estate agent; or

(b) a way prescribed by regulation to be a restricted way.

57C Request for information for application

(1) A lessor or lessor’s agent may request information about a prospective tenant only if—

(a) the information is of a type mentioned in section 57B(4); or

(b) the information comprises no more than 2 documents in each of the following categories—

(i) documents verifying the identity of the prospective tenant;

(ii) documents about the prospective tenant’s financial ability to pay rent;

(iii) documents about the suitability of the prospective tenant for the residential tenancy.

[Note: Maximum penalty—20 penalty units.]

(2) However, a lessor or lessor’s agent must not request information about a prospective tenant in relation to the following—

(a) legal action taken by the prospective tenant, including dispute resolution or matters considered by the tribunal;

(b) a notice to remedy breach given to the prospective tenant by a lessor or provider;

(c) a notice to remedy breach given by the prospective tenant to a lessor or provider;

(d) the prospective tenant’s history in relation to rental bonds, including any claim on a rental bond;

(e) statements of credit accounts or bank accounts belonging to the prospective tenant detailing transactions.

[Note: Maximum penalty—20 penalty units.]

57D Verification of identity for application

(1) A prospective tenant may give identity documents to a lessor or lessor’s agent to verify the prospective tenant’s identity by—

(a) giving a copy of the original identity document; or

(b) allowing the lessor or lessor’s agent to access or sight the original identity document.

(2) If a document is accessed or sighted by the lessor or lessor’s agent under subsection (1)(b), the lessor or lessor’s agent must not keep a copy of the original identity document without the prospective tenant’s consent.
[Note: Maximum penalty—20 penalty units.]

51 Insertion of new ss 76C–76E

After section 76B —

insert—

76C Application for rooming accommodation

(1) This section applies if a provider or provider’s agent requires a prospective resident to apply for rooming accommodation.

(2) The provider or provider’s agent must require the prospective resident to apply for the rooming accommodation using the required application form.
[Note: Maximum penalty—20 penalty units.]

(3) For subsection (2), the "required application form" is an approved form that requires only the following information—

(a) the name and contact details of the prospective resident;

(b) details of any previous residential tenancy agreements or rooming accommodation agreements the prospective resident has been a party to;

(c) the prospective resident’s current employment;

(d) details about the prospective resident’s income;

(e) referees for the prospective resident;

(f) the intended term of the residency interest;

(g) any other information prescribed by regulation.

(4) The provider or provider’s agent must nominate at least 2 ways for the prospective resident to submit the application.
[Note: Maximum penalty—20 penalty units.]

(5) For subsection (4), at least 1 of the nominated ways must be a way that is not a restricted way.

(6) In this section—

"restricted way", for submitting an application, means—

(a) a way that involves a prospective resident using an online platform to give personal information to a person, other than the provider, who—

(i) collects the information on behalf of the provider; and

(ii) is not a real estate agent; or

(b) a way prescribed by regulation to be a restricted way.

76D Request for information for application

(1) A provider or provider’s agent may request information about a prospective resident only if—

(a) the information is of a type mentioned in section 76C(3); or

(b) the information comprises no more than 2 documents in each of the following categories—

(i) documents verifying the identity of the prospective resident;

(ii) documents about the prospective resident’s financial ability to pay rent;

(iii) documents about the suitability of the prospective resident for the rooming accommodation.

[Note: Maximum penalty—20 penalty units.]

(2) However, a provider or provider’s agent must not request information about a prospective resident in relation to the following—

(a) legal action taken by the prospective resident, including dispute resolution or matters considered by the tribunal;

(b) a notice to remedy breach given to the prospective resident by a lessor or provider;

(c) a notice to remedy breach given by the prospective resident to a lessor or provider;

(d) the prospective resident’s history in relation to rental bonds, including any claim on a rental bond;

(e) statements of credit accounts or bank accounts belonging to the prospective resident detailing transactions.

[Note: Maximum penalty—20 penalty units.]

76E Verification of identity for application

(1) A prospective resident may give identity documents to a provider or provider’s agent to verify the prospective resident’s identity by—

(a) giving a copy of the original identity document; or

(b) allowing the provider or provider’s agent to access or sight the original identity document.

(2) If a document is accessed or sighted by the provider or provider’s agent under subsection (1)(b), the provider or provider’s agent must not keep a copy of the original identity document without the prospective resident’s consent.
[Note: Maximum penalty—20 penalty units.]

52 Replacement of ss 83 and 84

Sections 83 and 84 —

omit, insert—

83 How rent is to be paid

(1) A tenant must pay the rent in a way stated in the residential tenancy agreement.

(2) The lessor or lessor’s agent must ensure—

(a) the residential tenancy agreement states at least 2 ways for the tenant to pay the rent; and

(b) at least 1 of the ways for the tenant to pay rent stated in the agreement—

(i) does not incur any cost to the tenant in addition to bank fees or other account fees usually payable for the tenant’s transactions; and

(ii) is reasonably available to the tenant.

(3) This section applies subject to sections 84 and 84A.

84 Changes to way rent to be paid by agreement

(1) This section applies if, after signing a residential tenancy agreement—

(a) the lessor or tenant gives the other party a written notice changing 1 or more of the ways in which rent is to be paid under the agreement; and

(b) the other party agrees in writing (the "rent agreement") to payments of rent being made in the stated way.

(2) While the rent agreement remains in effect, the stated way under the rent agreement applies despite the residential tenancy agreement.

84A Changes to way rent to be paid—no agreement

(1) This section applies if, after signing a residential tenancy agreement, the lessor or lessor’s agent intends to change the way the tenant is required to pay the rent under the agreement, other than by agreement under section 84.

(2) The lessor or lessor’s agent must give the tenant a written notice stating a choice of at least 2 other ways for the payment of rent, including a way that—

(a) does not incur any cost to the tenant in addition to bank fees or other account fees usually payable for the tenant’s transactions; and

(b) is reasonably available to the tenant.

(3) From the day that is 14 days after the tenant is given the notice, the tenant must pay the rent in a way stated in the notice.

84B Tenant must be advised about associated costs and benefits

(1) A lessor or lessor’s agent must comply with subsection (2) and (3) before—

(a) a tenant enters into a residential tenancy agreement; or

(b) a tenant enters into a rent agreement under section 84; or

(c) a notice is given to the tenant under section 84A.

(2) The lessor or lessor’s agent must give the tenant a written notice advising the tenant of the costs that are associated with the ways to pay rent offered to the tenant if—

(a) the tenant would not reasonably be aware of the costs; and

(b) the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

[Note: Maximum penalty—40 penalty units.]

(3) Also, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.
[Note: Maximum penalty—20 penalty units.]

53 Replacement of ss 98 and 99

Sections 98 and 99 —

omit, insert—

98 How rent is to be paid

(1) A resident must pay the rent in a way stated in the rooming accommodation agreement.

(2) The provider or provider’s agent must ensure—

(a) the rooming accommodation agreement states at least 2 ways for the resident to pay the rent; and

(b) at least 1 of the ways for the resident to pay rent stated in the agreement—

(i) does not incur any cost to the resident in addition to bank fees or other account fees usually payable for the resident’s transactions; and

(ii) is reasonably available to the resident.

(3) This section applies subject to sections 99 and 99A.

99 Changes to way rent to be paid by agreement

(1) This section applies if, after signing a rooming accommodation agreement—

(a) the provider or resident gives the other party a written notice changing 1 or more of the ways in which rent is to be paid under the agreement; and

(b) the other party agrees in writing (the "rent agreement") to payments of rent being made in the stated way.

(2) While the rent agreement remains in effect, the stated way under the rent agreement applies despite the rooming accommodation agreement.

99A Changes to way rent to be paid—no agreement

(1) This section applies if, after signing a rooming accommodation agreement, the provider or provider’s agent intends to change the way the resident is required to pay the rent under the agreement, other than by agreement under section 99.

(2) The provider or provider’s agent must give the resident a written notice stating a choice of at least 2 other ways for the payment of rent, including a way that—

(a) does not incur any cost to the resident in addition to bank fees or other account fees usually payable for the resident’s transactions; and

(b) is reasonably available to the resident.

(3) From the day that is 14 days after the resident is given the notice, the resident must pay the rent in a way stated in the notice.

99B Resident must be advised about associated costs and benefits

(1) A provider or provider’s agent must comply with subsections (2) and (3) before—

(a) a resident enters into a rooming accommodation agreement; or

(b) a resident enters into a rent agreement under section 99; or

(c) a notice is given to the resident under section 99A.

(2) The provider or provider’s agent must give the resident a written notice advising the resident of the costs that are associated with the ways to pay rent offered to the resident if—

(a) the resident would not reasonably be aware of the costs; and

(b) the provider or provider’s agent knows or could reasonably be expected to find out about the costs.

[Note: Maximum penalty—40 penalty units.]

(3) Also, the provider or provider’s agent must declare any financial benefit the provider or provider’s agent may receive if the resident uses a particular way to pay rent.
[Note: Maximum penalty—20 penalty units.]

54 Insertion of new s 136AA

After section 136A —

insert—

136AA Evidence of claim on rental bond to be given to tenant or resident

(1) This section applies if—

(a) the authority receives an application for payment of a rental bond under section 125 and the application directs that a payment be made to the lessor or provider; or

(b) an interested person who is a lessor or provider makes a dispute resolution request to the authority about the payment of a rental bond.

(2) The lessor or provider must, within the period mentioned in subsection (3), give the tenant or resident evidence supporting—

(a) the claim on all or part of the rental bond; or

(b) the dispute resolution request about the payment of all or part of the rental bond.

[Note: Maximum penalty—20 penalty units.]
[Note: receipts, quotes to repair damage, records of unpaid rent]

(3) For subsection (2), the period is 14 days after the day the application or dispute resolution request is made.

(4) Subsection (2) does not apply if the lessor, lessor’s agent, provider or provider’s agent has been unable to contact the tenant or resident after making reasonable efforts.

(5) Without limiting subsection (4), reasonable efforts to contact the tenant or resident include the following—

(a) attempting to contact the tenant or resident by telephone, including text message, email or private message on a social media platform;

(b) attempting to contact an emergency contact listed in the agreement.

(6) Section 525(2) and (3) applies as if—

(a) this section were a provision of this Act that requires the provider to give a notice to the resident; and

(b) a reference in section 525(2) or (3) to a notice were a reference to the evidence mentioned in subsection (2).

55 Amendment of s 146 (Payments above maximum amount)

Section 146 (3) and (4) —

omit.

56 Amendment of s 165 (General service charges for premises other than moveable dwelling premises)

Section 165 —

insert—

(4) If the tenant is required to pay an amount for outgoings to which subsection (3)(b)(ii) applies, the lessor must give the tenant a copy of a document issued by the relevant supply authority showing the amount charged by the authority for the thing, service or facility.

(5) The lessor must comply with subsection (4) within 4 weeks after the lessor receives the document.

(6) Despite subsection (3), the tenant is not required to pay an amount for outgoings to which subsection (3)(b)(ii) applies if the tenant has not received the document mentioned in subsection (4).

57 Amendment of s 166 (Water service charges for premises other than moveable dwelling premises)

(1) Section 166 —insert—

(6A) If the tenant is required to pay an amount for water consumption charges, the lessor must give the tenant a copy of a document issued by the relevant water supplier showing the amount of the water consumption charges payable to the supplier.

(6B) The lessor must comply with subsection (7) within 4 weeks after the lessor receives the document.

(6C) Despite subsections (2) to (5), the tenant is not required to pay an amount for water consumption charges if the tenant has not received the document mentioned in subsection (7).

(2) Section 166 (6A) to (9) —renumber as section 166 (7) to (12).

58 Amendment of s 167 (Service charges for moveable dwelling premises individually metered)

Section 167 —

insert—

(4) If the tenant is required to pay an amount for outgoings to which subsection (3)(b) applies, the lessor must give the tenant a copy of a document issued by the relevant supply authority showing the amount charged by the authority for the thing, service or facility.

(5) The lessor must comply with subsection (4) within 4 weeks after the lessor receives the document.

(6) Despite subsection (2), the tenant is not required to pay an amount for the outgoings to which subsection (3)(b) applies if the tenant has not received the document mentioned in subsection (4).

59 Amendment of s 170 (Charge for utility service)

(1) Section 170 —insert—

(2A) If the rooming accommodation agreement requires the resident to pay an amount for a utility service, the provider must give the resident a copy of a document issued by the supplying entity showing the amount charged by the entity for the utility service.

(2B) The provider must comply with subsection (3) within 4 weeks after the provider receives the document.

(2C) Despite subsection (2), the resident is not required to pay an amount for the utility service if the resident has not received the document mentioned in subsection (3).

(2) Section 170 (2A) to (3) —renumber as section 170 (3) to (6).

60 Amendment of s 173 (Certain terms about penalties and other payments void)

Section 173 (2), ‘reasonable’—

omit.

61 Amendment of s 178 (Certain terms about penalties and other payments void)

Section 178 (2), ‘reasonable’—

omit.

62 Amendment of s 193 (Notice of entry)

(1) Section 193 (1) (c) (ii), ‘24 hours’—omit, insert—48 hours

(2) Section 193 (1) (c) (ii), example, ‘Wednesday’—omit, insert—
[Note: Thursday]

63 Insertion of new s 195A

After section 195 —

insert—

195A When lessor or lessor’s agent may enter—notice to leave or notice of intention to leave given

(1) This section applies if—

(a) a notice to leave the premises has been given by the lessor to the tenant; or

(b) a notice of intention to leave the premises has been given by the tenant to the lessor.

(2) The lessor or lessor’s agent must not enter the premises more than twice in a 7-day period.

(3) However, subsection (2) does not prevent the lessor or lessor’s agent from entering the premises under section 192(1)(d), (e) or (j) to (l).

64 Replacement of ss 207–209

Sections 207 to 209 —

omit, insert—

207 Process for approval to attach fixtures or make structural changes—body corporate approval

(1) This section applies to premises that are part of a body corporate scheme if a body corporate law or a body corporate by-law requires approval of the body corporate for the attachment of a fixture, or the making of a structural change, to the premises.

(2) A tenant may give the lessor a request, in the approved form, for approval to attach a fixture, or make a structural change, to the premises.

(3) The lessor must—

(a) decide the tenant’s request within 28 days after receiving the request; and

(b) advise the tenant of the lessor’s decision; and

(c) if the lessor approves the request—state that the lessor’s approval is subject to agreement by the body corporate.

(4) If the lessor approves the request, the lessor must give the request to the body corporate within 28 days after receiving the request.

(5) The lessor must advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.

(6) If the lessor and body corporate agree to the request, the tenant may attach the fixture, or make the structural change, to the premises—

(a) in accordance with the lessor’s agreement; and

(b) subject to any conditions of the agreement given by the lessor.

[Note: See also section 209.]

208 Process for approval to attach fixtures and make structural changes—lessor approval

(1) This section applies if section 207 does not apply in relation to the attaching of a fixture, or the making of a structural change, to premises.

(2) The tenant may give the lessor a request, in the approved form, for approval to attach a fixture, or make a structural change, to the premises.

(3) The lessor—

(a) must decide the tenant’s request within—

(i) 28 days after receiving the request; or

(ii) if agreed to by the tenant and lessor—a longer period; and

(b) may either agree, or refuse to agree, to the request; and

(c) if the request is agreed to—may give the agreement subject to conditions.

[Note: See also section 209 in relation to the lessor’s agreement.]

(4) The lessor must not act unreasonably in refusing the request.

(5) The tenant may attach the fixture, or make the structural change, to the premises in accordance with the lessor’s agreement.
[Note: See also section 209A.]

(6) Also, the tenant may attach the fixture or make the structural change in accordance with an order of a tribunal.
[Note: See subdivision 3 for an order by a tribunal about attaching fixtures, or making structural changes, to premises.]

209 Agreement about fixtures and structural changes

(1) For sections 207 and 208, a lessor’s agreement in relation to attaching a fixture, or making a structural change, to premises must—

(a) be in writing; and

(b) describe the nature of the fixture or structural change; and

(c) state any conditions of the agreement.

(2) For an agreement about attaching a fixture to premises, the conditions may include terms about—

(a) maintenance obligations if the fixture is attached by the tenant; and

(b) whether the tenant may remove the fixture; and

(c) if removal of the fixture by the tenant is allowed—

(i) when and how the removal may be performed; and

(ii) that the tenant is obliged to repair any damage caused to the premises in removing the fixture or to compensate the lessor for the lessor’s reasonable costs of repairing the damage; and

(d) if removal of the fixture by the tenant is not allowed—that the lessor is obliged to compensate the tenant for any improvement the fixture makes to the premises.

209A Attaching fixture or making structural change without lessor’s agreement

(1) This section applies if—

(a) a tenant attaches a fixture, or makes a structural change, to premises; and

(b) under section 208, the lessor’s agreement to the attachment of the fixture, or the making of the structural change, is required; and

(c) the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.

(2) The lessor may—

(a) waive the breach; and

(b) treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.

(3) The lessor may take the action under subsection (2) instead of taking action for a breach of a term of the residential tenancy agreement by the tenant.

65 Insertion of new ch 3, pt 5, div 1, sdiv 3

Chapter 3, part 5, division 1 —

insert—

66 Amendment of s 211 (Changing locks)

Section 211 (6) —

omit.

67 Replacement of ss 254–256

Sections 254 to 256 —

omit, insert—

254 Process for approval to attach fixtures or make structural changes—body corporate approval

(1) This section applies to rental premises that are part of a body corporate scheme if a body corporate law or a body corporate by-law requires approval of the body corporate for the attachment of a fixture, or the making of a structural change, to the premises.

(2) The resident may give the provider a request, in the approved form, for approval to attach a fixture, or make a structural change, to the rental premises.

(3) The provider must—

(a) decide the resident’s request within 28 days after receiving the request; and

(b) advise the resident of the provider’s decision; and

(c) if the provider approves the request—state that the provider’s approval is subject to agreement by the body corporate.

(4) If the provider approves the request, the provider must give the request to the body corporate within 28 days after receiving the request.

(5) The provider must advise the resident as soon as reasonably practicable of the body corporate’s decision about the request.

(6) If the provider and the body corporate agree to the request, the resident may attach the fixture, or make the structural change, to the premises—

(a) in accordance with the provider’s agreement; and

(b) subject to any conditions of the agreement given by the provider.

[Note: See also section 255A.]

255 Process for approval to attach fixtures and make structural changes—provider approval

(1) This section applies if section 254 does not apply in relation to the attaching of a fixture, or the making of a structural change, to premises.

(2) The resident may give the provider a request, in the approved form, for approval to attach a fixture, or make a structural change, to the rental premises.

(3) The provider—

(a) must decide the resident’s request within—

(i) 28 days after receiving the request; or

(ii) if agreed to by the resident and provider—a longer period; and

(b) may either agree, or refuse to agree, to the request; and

(c) if the request is agreed to—may give the agreement subject to conditions.

[Note: See also section 255A in relation to the provider’s agreement.]

(4) The provider must not act unreasonably in refusing the request.

(5) The resident may attach the fixture, or make the structural change, to the rental premises in accordance with the provider’s agreement.
[Note: See also section 256.]

(6) Also, the resident may attach the fixture or make the structural change in accordance with an order of a tribunal.
[Note: See subdivision 3 for an order by a tribunal about attaching fixtures, or making structural changes, to rental premises.]

255A Agreement about fixtures and structural changes

(1) For sections 254 and 255, a provider’s agreement in relation to attaching a fixture, or making a structural change, to rental premises must—

(a) be in writing; and

(b) describe the nature of the fixture or structural change; and

(c) state any conditions of the agreement.

(2) For an agreement about attaching a fixture to premises, the conditions may include terms about—

(a) maintenance obligations if the fixture is attached by the resident; and

(b) whether the resident may remove the fixture; and

(c) if removal of the fixture by the resident is allowed—

(i) when and how the removal may be performed; and

(ii) that the resident is obliged to repair any damage caused to the rental premises in removing the fixture or to compensate the provider for the provider’s reasonable costs of repairing the damage; and

(d) if removal of the fixture by the resident is not allowed—that the provider is obliged to compensate the resident for any improvement the fixture makes to the rental premises.

256 Attaching fixture or making structural change without provider’s agreement

(1) This section applies if—

(a) a resident attaches a fixture, or makes a structural change, to rental premises; and

(b) under section 255, the provider’s agreement to the attachment of the fixture, or the making of the structural change, is required; and

(c) the resident does not attach the fixture, or make the structural change, in accordance with the provider’s agreement.

(2) The provider may—

(a) waive the breach; and

(b) treat the fixture or structural change as an improvement to the rental premises for the provider’s benefit.

(3) The provider may take the action under subsection (2) instead of taking action for a breach of a term of the rooming accommodation agreement by the resident.

68 Insertion of new ch 4, pt 1, div 4, sdiv 3

Chapter 4, part 1, division 4, as inserted by this Act—

insert—

69 Amendment of s 259 (Entry after giving notice)

(1) Section 259 (2) —omit, insert—

(2) The provider must give a written notice of the proposed entry to the resident—

(a) for an entry under subsection (1)(a)—at least 24 hours before the entry; or

(b) otherwise—at least 48 hours before the entry.

(2) Section 259 (4) —omit, insert—

(4) The provider or selling agent must also give a written notice of the proposed entry to the agent to whom the resident normally pays the rent—

(a) for an entry under subsection (1)(a)—at least 24 hours before the entry; or

(b) otherwise—at least 48 hours before the entry.

(3) Section 259 (5) (c), ‘24 hours’—omit, insert—48 hours

70 Insertion of new s 259A

After section 259 —

insert—

259A When provider or provider’s agent may enter—notice to leave or notice of intention to leave given

(1) This section applies if—

(a) a provider gives a resident a notice under chapter 5, part 2 requiring the resident to leave the rental premises; or

(b) a provider or a resident gives a notice under chapter 5, part 2 terminating a rooming accommodation agreement on a stated day.

(2) The provider or provider’s agent must not enter the resident’s room more than twice in a 7-day period, unless the resident agrees.

(3) However, subsection (2) does not prevent the provider or provider’s agent from entering the resident’s room under section 257 or 260.

71 Amendment of s 262 (Entry by provider’s agent or other person)

Section 262 (1), after ‘259(1) and (2),’—

insert—

259A,

72 Amendment of s 357A (Reletting costs)

(1) Section 357A (1), ‘pay the reasonable’—omit, insert—pay the

(2) Section 357A (1) (b), ‘ends the agreement other than in a way permitted under this Act’—omit, insert—hands over vacant possession of the premises

(3) Section 357A (1) (c), ‘reasonable costs incurred by the lessor in reletting the premises’—omit, insert—reletting costs under this section

(4) Section 357A (2), ‘reletting costs’—omit, insert—the costs incurred by the lessor in reletting the premises

(5) Section 357A (2) (b), ‘ chapter 5,’—omit.

(6) Section 357A —insert—

(3) The "reletting costs" payable by the tenant under this section in relation to a fixed term agreement are—

(a) for a fixed term of not more than 3 years, the lesser of—

(i) the amount of the reletting costs mentioned in subsection (4); or

(ii) an amount equal to the rent payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet; or

(b) for a fixed term of more than 3 years, the lesser of—

(i) an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or

(ii) an amount equal to the rent that would be payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet.

(4) For subsection (3)(a)(i), the amount of the reletting costs is—

(a) if less than 25% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 4 weeks rent; or

(b) if 25% or more but less than 50% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 3 weeks rent; or

(c) if 50% or more but less than 75% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 2 weeks rent; or

(d) if 75% or more of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 1 week’s rent.

73 Amendment of s 396A (Reletting costs)

(1) Section 396A (1), ‘reasonable costs incurred by the provider in reletting the resident’s room ("reletting costs")’—omit, insert—costs incurred by the provider in reletting the resident’s room

(2) Section 396A (1) (b), ‘ends the agreement other than in a way permitted under this Act’—omit, insert—leaves the rental premises

(3) Section 396A (1) (c), ‘reasonable costs incurred by the provider in reletting the resident’s room’—omit, insert—the reletting costs under this section

(4) Section 396A (2), ‘reletting costs’—omit, insert—the costs incurred by the provider in reletting the premises

(5) Section 396A (2) (b), ‘ chapter 5,’—omit.

(6) Section 396A —insert—

(3) The "reletting costs" payable by the resident under this section in relation to a fixed term agreement are—

(a) for a fixed term of not more than 3 years, the lesser of—

(i) the amount of the reletting costs mentioned in subsection (4); or

(ii) an amount equal to the rent payable for the period between the resident leaving the rental premises and the day a new agreement commences after the rental premises are relet; or

(b) for a fixed term of more than 3 years, the lesser of—

(i) an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or

(ii) an amount equal to the rent payable for the period between the resident leaving the rental premises and the day a new agreement commences after the rental premises are relet.

(4) For subsection (3)(a)(i), the amount of the reletting costs is—

(a) if less than 25% of the fixed term had expired when the resident left the rental premises—the amount equal to 4 weeks rent; or

(b) if 25% or more but less than 50% of the fixed term had expired when the resident left the rental premises—the amount equal to 3 weeks rent; or

(c) if 50% or more but less than 75% of the fixed term had expired when the resident left the rental premises—the amount equal to 2 weeks rent; or

(d) if 75% or more of the fixed term had expired when the resident left the rental premises—the amount equal to 1 week’s rent.

74 Amendment of s 415 (Meaning of urgent application)

Section 415 (6), after ‘ chapter 9 ’—

insert—

, part 3

75 Amendment of s 420 (Orders about breach of agreements)

Section 420 —

insert—

(3) An order under subsection (1)(e) in favour of a lessor in relation to the reletting of premises must not be made for an amount that is more than the reletting costs.

76 Replacement of s 421 (Matters to which tribunal must have regard for orders for compensation)

Section 421 —

omit, insert—

421 Matters to which tribunal must have regard for orders for compensation Without limiting section 420(1)—

(a) in making an order for compensation in favour of a lessor, a tribunal must have regard to whether the lessor has complied with the lessor’s duty under section 362 to mitigate loss or expense; and

(b) in making an order for compensation in favour of a provider, a tribunal must have regard to whether the provider has taken all reasonable steps to mitigate the loss or expense.

77 Amendment of s 447 (False or misleading documents)

Section 447 (1) and (2), after ‘authorised person’—

insert—

or the authority

78 Replacement of ch 9, hdg (Tenancy databases)

Chapter 9, heading—

omit, insert—

79 Amendment of s 457 (Definitions for ch 9)

(1) Section 457, heading—omit, insert—

457 Definition for chapter

(2) Section 457, definitions "database operator", "inaccurate", "list", "out of date", "social housing database" and "tenancy database" —relocate to section 457F, as inserted by this Act.

(3) Section 457, definition personal information —omit, insert—

"personal information" —

(a) means information or an opinion about an identified individual, or an individual who is reasonably identifiable—

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not; and

(b) includes photographs or images of individuals’ personal possessions or standard of living.

80 Insertion of new ch 9, pt 2 and ch 9, pt 3, hdg

After section 457B —

insert—

81 Amendment of s 458 (Non-application to internal databases)

Section 458 (1), ‘chapter’—

omit, insert—

part

82 Amendment of s 458B (Notice of listing if database used)

Section 458B (2) (d) (i), ‘chapter’—

omit, insert—

part

83 Amendment of s 463 (Offence of contravening tribunal order)

Section 463 (1), ‘chapter’—

omit, insert—

part

84 Amendment of s 527 (Confidentiality)

Section 527 (2) and (3) —

omit, insert—

(2) The person must not make a record of the information, disclose the information to anyone else or give access to the document containing the information to anyone else, other than—

(a) for a purpose of this Act; or

(b) for the administration or enforcement of this Act; or

(c) with the consent of the person to whom the information relates; or

(d) as required by a court, tribunal, authority or person with lawful authority to require the production of documents or the answering of questions; or

(e) if the information is required to support the administration of—

(i) the Agents Financial Administration Act 2014; or

(ii) the Property Occupations Act 2014; or

(f) if the information is required for administering, receiving, holding or paying rental bonds; or

(g) as required or authorised under a law; or

(h) if the person reasonably considers it is necessary to prevent a serious risk to public safety.

[Note: Maximum penalty—50 penalty units.]

(3) In this section—

"confidential information" —

(a) means any information that—

(i) could identify an individual; or

(ii) is about a person’s criminal history; but

(b) does not include—

(i) information that is publicly available; or

(ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates.

85 Insertion of new ch 14, pt 8, div 3

Chapter 14, part 8, as inserted by this Act—

insert—

86 Amendment of sch 1 (Notice periods)

Schedule 1, part 1, division 3, entry for notice to leave for an unremedied breach (s 281)—

omit.

87 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition approved way —omit.

(2) Schedule 2 —insert—

"applicant", for chapter 9, part 2, see section 457C.

"body corporate law" means—

(a) the Body Corporate and Community Management Act 1997; or

(b) the Building Units and Group Titles Act 1980.

"body corporate scheme" means—

(a) a community titles scheme; or

(b) a plan under the Building Units and Group Titles Act 1980.

"community titles scheme" see the Body Corporate and Community Management Act 1997, section 10.

"real estate agent" see the Property Occupations Act 2014, section 16.

"reletting costs" —

(a) for a residential tenancy agreement—see section 357A(3); or

(b) for a rooming accommodation agreement—see section 396A(3).

(3) Schedule 2, definitions "database operator", "inaccurate", "list", "out of date", "social housing database" and "tenancy database", ‘see section 457 ’—omit, insert—part 3, see section 457F

88 Act amended

This division amends the Body Corporate and Community Management Act 1997.

89 Amendment of s 77 (Definitions for part)

Section 77 —

insert—

"lease" includes—

(a) a residential tenancy agreement or rooming accommodation agreement under the "" Residential Tenancies and Rooming Accommodation Act 2008; or

(b) a lease under the Retail Shop Leases Act 1994.

"leasehold interest" includes a resident’s interest in a rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008.

"lessee" includes a resident in rooming accommodation under the Residential Tenancies and Rooming Accommodation Act 2008.

90 Amendment of s 81B (What is a termination plan)

(1) Section 81B (1) —insert—

(fa) the arrangements requiring the facilitator to, at least 2 months before the day of settlement for the contract, give written notice to each lessee of a lot included in the scheme or other scheme land stating—

(i) the day of settlement; and

(ii) if section 81V applies in relation to the lease—that the lessee’s lease will terminate on the settlement day under that section; and

(iii) the day on which the owner of the lot is to provide vacant possession of the lot;

(2) Section 81B (1) (fa) to (h) —renumber as section 81B (1) (g) to (i).

(3) Section 81B (2), ‘ subsection (1) (a) to (h) ’—omit, insert—subsection (1)(a) to (i)

(4) Section 81B (3), ‘ subsection (1) (g) ’—omit, insert—subsection (1)(h)

(5) Section 81B (5) —insert—

"lessor" includes a provider under the Residential Tenancies and Rooming Accommodation Act 2008.

91 Amendment of s 81N (Applications to court about termination plan)

Section 81N (6) —

omit, insert—

(6) A facilitator may apply to the court for an order —

(a) to terminate a lease of a lot or other scheme land, on a day not earlier than the day of settlement for the contract for the sale of the community titles scheme; or

(b) to require an occupier or a lessee of a lot or other scheme land to vacate the lot or scheme land on the day stated in the application; or

(c) to require that each lot in the scheme be sold under the termination plan.

92 Amendment of s 81R (Court orders)

Section 81R (3) (e) (i), from ‘lot’ to ‘more’—

omit, insert—

lot or other scheme land

93 Replacement of s 81V (Particular leases)

Section 81V —

omit, insert—

81V Termination of particular leases

(1) This section applies if—

(a) under a termination plan for a community titles scheme, a facilitator gives a lessee of a lot or other scheme land a notice as required under the arrangements mentioned in section 81B(1)(g); and

(b) the lease is any of the following that is in effect immediately before the day of settlement of the contract for the sale of the scheme—

(i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008;

(ii) a lease under the Retail Shop Leases Act 1994.

(2) The lease terminates on the day of settlement for the contract for the sale of the community titles scheme.

94 Insertion of new ch 8, pt 17

Chapter 8 —

insert—

95 Amendment of sch 6 (Dictionary)

Schedule 6 —

insert—

"lease", for chapter 2, part 9, see section 77.

"leasehold interest", for chapter 2, part 9, see section 77.

"lessee", for chapter 2, part 9, see section 77.

96 Act amended

This division amends the Fair Trading Inspectors Act 2014.

97 Amendment of s 6 (Modifying operation of Act for Property Occupations Act 2014)

(1) Section 6 (1), from ‘ subsection (3) ’—omit, insert—subsections (3) and (4) (each a "modifying provision").

(2) Section 6 (2), ‘used in the’—omit, insert—used in a

(3) Section 6 —insert—

(4) In section 60 a reference to an offence against a primary Act is taken to include a reference to a contravention of the Property Occupations Act 2014, section 92B(1) or 151B(1).

98 Act amended

This division amends the Local Government Act 2009.

99 Amendment of s 208 (Superannuation board (LGIAsuper Trustee))

(1) Section 208, heading, ‘LGIAsuper’—omit, insert—Brighter Super

(2) Section 208 (1) and (2), ‘LGIAsuper’—omit, insert—Brighter Super

100 Replacement of s 220A (Amount of yearly contributions—permanent employees)

Section 220A —

omit, insert—

220A Amount of yearly contributions—permanent employees

(1) A permanent employee of a local government or local government entity (each an "employer") must make a yearly contribution to the relevant fund for the employee.

(2) The amount of the yearly contribution is the amount prescribed by regulation.

(3) However, if the permanent employee is not a defined benefit member, the employee may change the amount of the yearly contribution to a particular rate of the employee’s salary.

(4) For subsection (3)—

(a) the rate may be 0%; and

(b) the employee must give the employer notice of the change.

(5) Despite subsection (1), the permanent employee need not make the yearly contribution if the employer makes the contribution, in accordance with the employee’s remuneration agreement, as well as the yearly contribution the employer is required to make under section 220.

(6) If subsection (5) applies, despite any other Act the employer may deduct all or part of the yearly contribution from—

(a) the permanent employee’s salary; or

(b) any money the permanent employee owes to the employer.

(7) If subsection (5) applies and the permanent employee changes the amount of the yearly contribution under subsection (3), the change takes effect at the start of the employee’s first pay period, after notice of the change is given under subsection (4)(b), by which the employer can practicably implement the change.

(8) If the permanent employee is required under an industrial instrument to make superannuation contributions, the superannuation contribution required under the industrial instrument is not in addition to the yearly contribution the employee is required to make under this section.

(9) Subsections (1) and (5) are subject to section 220B.

101 Amendment of s 220B (Reduction in contributions to prevent them exceeding concessional contributions cap)

(1) Section 220B (1) (b), ‘ section 220A (2) ’—omit, insert—section 220A

(2) Section 220B (2) (b), ‘ section 220A (3) ’—omit, insert—section 220A(5)

(3) Section 220B (3) (c), ‘ section 220A (2) ’—omit, insert—section 220A

(4) Section 220B (3) (c), ‘ section 220A (3) ’—omit, insert—section 220A(5)

102 Omission of s 221 (Exemption from payment of yearly contributions on grounds of financial hardship)

Section 221 —

omit.

103 Insertion of new ch 9, pt 19

Chapter 9 —

insert—

104 Act amended

This division amends the Property Occupations Act 2014.

105 Amendment of s 28 (Limited property agent licence)

(1) Section 28, note—omit.

(2) Section 28 —insert—

(3) The chief executive must publish the approved qualifications on the department’s website.

106 Amendment of s 45 (Eligibility for property agent licence)

(1) Section 45 (1) (b), ‘generally’—omit.

(2) Section 45 (1), note—omit.

(3) Section 45 —insert—

(1A) The chief executive must publish the approved qualifications on the department’s website.

(4) Section 45 (1A) to (4) —renumber as section 45 (2) to (5).

107 Amendment of s 46 (Eligibility for resident letting agent licence)

(1) Section 46 (1) (b), ‘generally’—omit.

(2) Section 46 (1), note—omit.

(3) Section 46 —insert—

(1A) The chief executive must publish the approved qualifications on the department’s website.

(4) Section 46 (1A) to (3) —renumber as section 46 (2) to (4).

108 Amendment of s 58 (Application for renewal)

Section 58 (2) (d) —

insert—

(v) if section 92B(1) applies to the licensee—a statement that the licensee has, for each CPD year ending within the term of the licensee’s current licence, complied with section 92B(1) or evidence that exceptional circumstances apply.

109 Amendment of s 59 (Chief executive may renew or refuse to renew licence)

(1) Section 59 —insert—

(2A) If section 92B(1) applies to the licensee, the chief executive must, in deciding whether to renew or refuse to renew the licence, have regard to whether—

(a) the licensee has complied with section 92B(1) for each CPD year ending within the term of the licensee’s current licence; or

(b) the licensee has not complied with section 92B(1) for each CPD year ending within the term of the licensee’s current licence but exceptional circumstances apply.

(2) Section 59 (2A) and (3) —renumber as section 59 (3) and (4).

110 Amendment of s 61 (Application for restoration)

Section 61 (2) (e) —

insert—

(vi) if section 92B(1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B(1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.

111 Amendment of s 63 (Chief executive may restore or refuse to restore licence)

(1) Section 63 —insert—

(2A) If section 92B(1) applied to the licensee in relation to the expired licence, the chief executive must, in deciding whether to restore or refuse to restore the licence, have regard to whether—

(a) the licensee complied with section 92B(1) for each CPD year ending within the term of the licensee’s expired licence; or

(b) the licensee did not comply with section 92B(1) for each CPD year ending within the term of the licensee’s expired licence but exceptional circumstances applied.

(2) Section 63 (2A) to (4) —renumber as section 63 (3) to (5).

112 Insertion of new pt 3, div 1A

Part 3 —

insert—

113 Amendment of s 127 (Eligibility for registration as real estate salesperson)

(1) Section 127 (1), note—omit.

(2) Section 127 —insert—

(1A) The chief executive must publish the approved qualifications on the department’s website.

(3) Section 127 (1A) and (2) —renumber as section 127 (2) and (3).

114 Amendment of s 130 (Application for renewal)

Section 130 (2) (c) —

insert—

(iv) if section 151B(1) applies to the real estate salesperson—a statement that the person has, for each CPD year ending within the term of the person’s current registration certificate, complied with section 151B(1) or evidence that exceptional circumstances apply.

115 Amendment of s 131 (Chief executive may renew or refuse to renew registration certificate)

(1) Section 131 —insert—

(2A) If section 151B(1) applies to the real estate salesperson, the chief executive must, in deciding whether to renew or refuse to renew the registration certificate, have regard to whether—

(a) the real estate salesperson has complied with section 151B(1) for each CPD year ending within the term of the salesperson’s current registration certificate; or

(b) the real estate salesperson has not complied with section 151B(1) for each CPD year ending within the term of the salesperson’s current registration certificate but exceptional circumstances apply.

(2) Section 131 (2A) and (3) —renumber as section 131 (3) and (4).

116 Amendment of s 133 (Application for restoration)

Section 133 (2) (d) —

insert—

(vi) if section 151B(1) applied to the person in relation to the expired registration certificate—a statement that the person complied with section 151B(1) for each CPD year ending within the term of the person’s expired registration certificate, or evidence that exceptional circumstances applied.

117 Amendment of s 135 (Chief executive may restore or refuse to restore registration certificate)

(1) Section 135 —insert—

(2A) If section 151B(1) applied to the real estate salesperson in relation to the expired registration certificate, the chief executive must, in deciding whether to restore or refuse to restore the registration certificate, have regard to whether—

(a) the real estate salesperson complied with section 151B(1) for each CPD year ending within the term of the salesperson’s expired registration certificate; or

(b) the real estate salesperson did not comply with section 151B(1) for each CPD year ending within the term of the salesperson’s expired registration certificate but exceptional circumstances applied.

(2) Section 135 (2A) to (4) —renumber as section 135 (3) to (5).

118 Insertion of new pt 5, div 11

Part 5 —

insert—

119 Insertion of new ss 229B and 229C

After section 229A —

insert—

229B Confidentiality

(1) This section applies to a person who—

(a) is, or has been, a public service employee performing functions under or relating to the administration of this Act; and

(b) in that capacity, has acquired or has access to personal information about another person.

(2) The person must not disclose the information to anyone else, or use the information, other than under this section.
[Note: Maximum penalty—35 penalty units.]

(3) The person may disclose or use the information—

(a) to the extent the disclosure or use is—

(i) necessary to perform a function under or relating to the administration of this Act; or

(ii) otherwise required or permitted under this Act or another law; or

(b) with the consent of the person to whom the information relates; or

(c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.

(4) In this section—

"disclose" includes give access to.

"information" includes a document.

"personal information" means information about a person’s affairs.

229C Exchange of information

(1) The chief executive may enter into an arrangement (an "information-sharing arrangement") with a relevant agency for the purposes of sharing or exchanging information—

(a) held by the chief executive or the relevant agency; or

(b) to which the chief executive or the relevant agency has access.

(2) An information-sharing arrangement may relate only to information that assists—

(a) the chief executive to perform the chief executive’s functions under this Act; or

(b) the relevant agency to perform its functions.

(3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to—

(a) ask for and receive information from the other party to the arrangement; and

(b) disclose information to the other party.

(4) The chief executive may use criminal intelligence, given to the chief executive by the police commissioner under an information-sharing arrangement, only for monitoring compliance with this Act.

(5) In this section—

"information" does not include information given to the chief executive or a relevant agency, or to which the chief executive or a relevant agency has access, under the Crime and Corruption Act 2001.

"relevant agency" means the following—

(a) the police commissioner;

(b) the chief executive of a department;

(c) the Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008;

(d) a local government;

(e) a person prescribed by regulation.

120 Amendment of pt 14, hdg (Transitional provisions)

Part 14, heading, after ‘provisions’—

insert—

for Act No. 22 of 2014

121 Insertion of new pt 15

After part 14 —

insert—

122 Amendment of sch 2 (Dictionary)

Schedule 2 —

insert—

"CPD requirements" —

(a) for a licensee—see section 92A; or

(b) for a real estate salesperson—see section 151A.

"CPD year" —

(a) for a licence—see section 92A; or

(b) for a registration certificate—see section 151A.

123 Legislation amended

Schedule 1 amends the legislation it mentions.