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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - As at 1 January 2018 - Act 73 of 2008


TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Rights and remedies of persons

   PART 2 - OBJECTS OF ACT

   5.      Objects of Act

   PART 3 - INTERPRETATION

           Division 1 - Location of definitions

   6.      Definitions and dictionary

           Division 2 - Meaning of key terms for residential tenancies

   7.      Caravan
   8.      Lessor
   9.      Premises
   10.     Residential premises
   11.     Residential tenancy
   12.     Residential tenancy agreement
   13.     Tenant

           Division 3 - Meaning of key terms for rooming accommodation

   14.     Resident
   15.     Rooming accommodation
   16.     Rooming accommodation agreement
   17.     Provider

           Division 4 - Prescribed minimum housing standards

   17A.    Prescribed minimum housing standards

   PART 4 - APPLICATION AND OPERATION OF ACT

           Division 1 - Matters relating to residential tenancies and rooming accommodation

   18.     Opting in as residential tenancy agreement
   19.     References to agreements
   20.     Reference to lessors and tenants
   21.     Reference to providers and residents
   22.     References to premises
   23.     References to tenancies
   24.     Provision stating that lessor or lessor’s agent or provider or provider’s agent must do something
   25.     Lessor’s or provider’s agent
   26.     State as lessor
   27.     Application of Property Law Act to agreements
   28.     Minor has capacity to enter into agreements

           Division 2 - Residential tenancy agreements to which this Act applies and does not apply

   29.     Act applies to certain residential tenancy agreements etc.
   30.     Contracts of sale and mortgages
   31.     Premises used for holidays
   32.     Boarders and lodgers
   33.     Educational institutions
   34.     Hospitals, nursing homes and retirement villages
   35.     Rental purchase plan agreements
   36.     Temporary refuge accommodation
   37.     Agreements under Manufactured Homes (Residential Parks) Act 2003
   38.     Headleases for employee housing
   39.     Headleases for affordable housing agreements
   40.     Hotels and motels
   41.     Headleases for approved supported accommodation
   42.     (Repealed)

           Division 3 - Rooming accommodation agreements to which this Act applies and does not apply

   43.     Act applies to certain rooming accommodation agreements etc.
   44.     Rooming accommodation agreements to which Act does not apply

           Division 4 - Moveable dwelling premises

   45.     Application of div 4
   46.     Purpose of division
   47.     Short tenancy statements
   48.     Extending short tenancy statements
   49.     Setting aside short tenancy (extension) statements
   50.     Short tenancies
   51.     Long tenancies

CHAPTER 2 - RESIDENTIAL TENANCY AGREEMENTS AND ROOMING ACCOMMODATION AGREEMENTS

   PART 1 - AGREEMENTS

           Division 1 - Residential tenancy agreements

              Subdivision 1 - General provisions

   52.     Terms of agreements include duties under Act etc.
   53.     Contracting out prohibited
   54.     Inconsistency
   55.     Standard terms
   56.     Special terms
   57.     Premises must be offered for rent at a fixed amount
   58.     Lessor must give documents to prospective tenant
   59.     Restriction on amounts that may be taken from prospective tenant
   60.     Orders of tribunal relating to noncompliance with s 58 or 59
   61.     Written agreements required
   62.     Giving, signing and keeping written agreement
   63.     Period lessor or lessor’s agent must keep agreement
   64.     Orders of tribunal about giving and signing written agreement

              Subdivision 2 - Associated documents

   65.     Condition report at start of tenancy
   66.     Condition report at end of tenancy
   67.     Information statement
   68.     Park rules
   69.     By-laws

              Subdivision 3 - Fixed term agreements

   70.     Continuation of fixed term agreements
   71.     Tenant may apply to tribunal about significant change in subsequent agreement

           Division 2 - Rooming accommodation agreements

              Subdivision 1 - General provisions

   72.     Terms of agreement include obligations under Act etc.
   73.     Standard terms
   74.     Special terms
   75.     Contracting out prohibited
   76.     Inconsistency
   77.     Written agreement required
   78.     Resident’s copy of agreement
   79.     Period provider or provider’s agent must keep agreement

              Subdivision 2 - Associated documents

   80.     Application of sdiv 2
   81.     Condition report at start of rooming accommodation

              Subdivision 3 - Fixed term agreements

   82.     Continuation of fixed term agreement

   PART 2 - RENT

           Division 1 - Residential tenancy agreements

   83.     How rent to be paid
   84.     Tenant must be given choices of approved ways for payment of rent and be advised about associated costs
   85.     Where rent to be paid
   86.     Payment of rent by electronic transaction
   87.     Rent in advance
   88.     Receipts and other records
   89.     Keeping of records
   90.     False, misleading or incomplete rent records
   91.     Rent increases
   92.     Tenant’s application to tribunal about rent increase
   93.     Minimum period before rent can be increased
   94.     Rent decreases
   95.     Seizure of tenant’s goods for rent etc.
   96.     Rent payment must not be applied for any other purpose
   97.     Apportionment

           Division 2 - Rooming accommodation agreements

   98.     How rent is to be paid
   99.     Resident must be given choices of approved ways for payment of rent and be advised about associated costs
   100.    Where rent is to be paid
   101.    Rent in advance
   102.    Receipts and other records
   103.    Keeping of records
   104.    False, misleading or incomplete rent records
   105.    Rent increases
   106.    Rent decreases for matters including loss of amenity or service
   107.    Rent decreases because of resident’s absence
   108.    Seizure of resident’s goods for rent etc.
   109.    Apportionment

   PART 3 - RENTAL BONDS

           Division 1 - Application of part

   110.    Application of pt 3

           Division 2 - Payments to authority

   111.    Meaning of rental bond
   112.    Meaning of maximum rental bond
   113.    Contributor for a rental bond
   114.    Bond loan contributor
   115.    Share of a rental bond
   116.    Duty to pay rental bond
   117.    Duty to pay rental bond instalments under residential tenancy agreement
   118.    Duty to pay rental bond instalments under rooming accommodation agreement
   119.    Duty to pay rental bond if financial protection given
   120.    Acknowledging receipt of rental bond
   121.    No entitlement to interest
   122.    Continuance of rental bond

           Division 3 - Payments by authority

              Subdivision 1 - Preliminary

   123.    Purpose of division
   124.    Making payment
   125.    Application for payment

              Subdivision 2 - Payment of bond if only 1 contributor

   126.    Application of sdiv 2
   127.    Joint application by lessor and contributor
   128.    Application by lessor
   129.    Application by contributor

              Subdivision 3 - Payment of bond if more than 1 contributor

   130.    Application of sdiv 3
   131.    Joint application by lessor and every contributor
   132.    Joint application by lessor and some contributors
   133.    Application by lessor
   134.    Application by every contributor
   135.    Application by some contributors

              Subdivision 4 - Other matters about payment

   136.    Payment for which notice must be given
   137.    Payment under tribunal order
   138.    Payment to rental bond supplier
   139.    Limitation affecting payment
   140.    Withdrawal of application
   141.    Payment under person’s direction

              Subdivision 5 - Payment by authority in stated circumstances if bond loan contributor

   142.    Application of sdiv 5
   143.    Chief executive taken to be interested person
   144.    Sdivs 3 and 4 apply subject to this subdivision

           Division 4 - Enforcement provisions

   145.    Receipt
   146.    Payments above maximum amount
   147.    Order for payment if guilty of offence
   148.    Order for return of bond if bond wrongfully taken

           Division 5 - Accounts and investments

   149.    Accounts
   150.    Rental bond account
   151.    Unclaimed amounts in rental bond account
   152.    Rental bond interest account
   153.    Other payments from rental bond interest account

           Division 6 - Miscellaneous

   154.    Increase in rental bond
   155.    Rental bond resulting from rent decrease

   PART 4 - KEY AND HOLDING DEPOSITS FOR RESIDENTIAL TENANCIES

           Division 1 - Key deposits

   156.    Payment of key deposits
   157.    Receipts for key deposits
   158.    Refunding key deposit

           Division 2 - Holding deposits

   159.    Payment of holding deposits
   160.    Receipts for holding deposits
   161.    Rights and obligations about holding deposits
   162.    Orders of tribunal

   PART 5 - OUTGOINGS OF LESSOR OR PROVIDER

           Division 1 - Residential tenancy agreements

              Subdivision 1 - Outgoings other than service charges

   163.    Outgoings other than service charges

              Subdivision 2 - Service charges

   164.    Meaning of service charge
   165.    General service charges for premises other than moveable dwelling premises
   166.    Water service charges for premises other than moveable dwelling premises
   167.    Service charges for moveable dwelling premises individually metered
   168.    Service charges absorbed in rent for moveable dwelling premises
   169.    Orders of tribunal

           Division 2 - Rooming accommodation agreements

   170.    Charge for utility service

   PART 6 - PENALTIES AND PREMIUMS FOR RESIDENTIAL TENANCY AGREEMENTS AND ROOMING ACCOMMODATION AGREEMENTS

           Division 1 - Residential tenancy agreements

   171.    Supply of goods and services
   172.    Incentive amounts prohibited
   173.    Certain terms about penalties and other payments void
   174.    Terms about rent reductions etc.
   175.    Premiums for letting moveable dwelling premises

           Division 2 - Rooming accommodation agreements

   176.    Supply of goods and services
   177.    Incentive amounts prohibited
   178.    Certain terms about penalties and other payments void
   179.    Terms about rent reductions etc.

   PART 7 - TENANCY GUARANTEES

   180.    Tenancy guarantees

CHAPTER 3 - RIGHTS AND OBLIGATIONS OF PARTIES FOR RESIDENTIAL TENANCIES

   PART 1 - OCCUPATION AND USE OF THE PREMISES

   181.    Legal impediments to occupation as residence
   182.    Vacant possession
   183.    Quiet enjoyment
   184.    Tenant’s use of premises

   PART 2 - GENERAL STANDARD OF THE PREMISES

   185.    Lessor’s obligations generally
   186.    Lessor’s obligations for facilities in moveable dwelling parks
   187.    Lessor’s obligations for moveable dwelling site
   188.    Tenant’s obligations generally
   189.    Tenant’s obligations for facilities in moveable dwelling parks
   190.    Tenant’s obligation for moveable dwelling site
   191.    Orders of tribunal

   PART 3 - LESSOR’S RIGHT OF ENTRY

   192.    Grounds for entry
   193.    Notice of entry
   194.    Entry by lessor or lessor’s agent with another person
   195.    When lessor or lessor’s agent may enter
   196.    Period for entry must be stated for entry by lessor and lessor’s agent without another person
   197.    Entry to show premises to a prospective tenant
   198.    Entry to show premises to a prospective buyer
   199.    Entry by secondary agents generally
   200.    Rules of entry
   201.    Entry by lessor or lessor’s agent under order of tribunal
   202.    Unlawful entry of premises
   203.    Lessor or lessor’s agent must not use photo or image showing tenant’s possessions in advertisement
   204.    Lessor or lessor’s agent must not conduct open house or on-site auction without tenant’s consent

   PART 4 - PERSONAL DETAILS OF THE PARTIES AND AGENTS

   205.    Tenant’s name and other details
   206.    Lessor’s or agent’s name and other details

   PART 5 - THE DWELLING

           Division 1 - Fixtures and structural changes

   207.    Attaching fixtures and making structural changes
   208.    Agreement about fixtures and structural changes
   209.    Attaching fixture or making structural change without lessor’s agreement

           Division 2 - Locks and keys

   210.    Supply of locks and keys
   211.    Changing locks
   212.    Agreement about changing locks
   213.    Orders of tribunal

           Division 3 - Damage and repairs

   214.    Meaning of emergency repairs
   215.    Meaning of routine repairs
   216.    Nominated repairer for emergency repairs
   217.    Notice of damage
   218.    Tenant may arrange for emergency repairs to be made or may apply to the tribunal for an order about the repairs
   219.    Costs of emergency repairs arranged by tenant
   220.    Orders of tribunal about reimbursement or payment for emergency repairs
   221.    Orders of tribunal about carrying out emergency repairs

   PART 6 - ADDITIONAL PROVISIONS FOR MOVEABLE DWELLING PREMISES

           Division 1 - Application of part

   222.    Application of pt 6

           Division 2 - Relocation

   223.    Notice to relocate
   224.    Restriction against enforcing relocation
   225.    Effect of relocation
   226.    Costs of relocation
   227.    Application to tribunal

           Division 3 - Park rules

   228.     Park rules
   229.    Notice of proposed change of park rule
   230.    Objection to proposal
   231.    Park liaison committee
   232.    Consideration of objections by committee
   233.    Application to tribunal about proposal
   234.    Decision of tribunal about proposal
   235.    When proposal takes effect
   236.    When changes of park rules have no effect

   PART 7 - CHANGE OF LESSOR OR TENANT

           Division 1 - Transfer or subletting by tenant

   237.    Tenant’s action subject to lessor’s unqualified discretion
   238.    Tenant’s action subject to lessor’s qualified discretion
   239.    Order of tribunal about transfer or subletting
   240.    Lessor’s expenses for transfer or subletting
   241.    Lessor’s fee for sale of caravan

           Division 2 - Transfer by lessor

   242.    Transfer by lessor

           Division 3 - Replacement of tenant

   243.    End of tenant’s occupation
   244.    Death of a cotenant
   245.    Injury to domestic associate
   246.    Injury or damage affecting occupants

CHAPTER 4 - RIGHTS AND OBLIGATIONS OF PARTIES FOR ROOMING ACCOMMODATION

   PART 1 - RIGHTS AND OBLIGATIONS GENERALLY

   247.    Provider’s obligations generally
   248.    Provider’s or agent’s name and other details
   249.    Quiet enjoyment
   250.    Supply of locks and keys
   251.    Changing locks
   252.    Application to tribunal about lock or key
   253.    Resident’s obligations generally
   254.    Attaching fixtures and making structural changes
   255.    Agreement about fixtures and structural changes
   256.    Attaching fixture or making structural change without provider’s agreement

   PART 2 - ENTRY TO RESIDENTS’ ROOMS

   257.    Entry with resident’s agreement
   258.    Entry to carry out inspection
   259.    Entry after giving notice
   260.    Entry without notice
   261.    General qualifications about entry
   262.    Entry by provider’s agent or other person
   263.    Rules of entry
   264.    Entry by provider or provider’s agent under order of tribunal
   265.    Unlawful entry of resident’s room

   PART 3 - HOUSE RULES

           Division 1 - General

   266.    House rules
   267.    Prescribed rules
   268.    Rules made by the provider

           Division 2 - Rule changes

   269.    Meaning of rule change
   270.    Notice of proposed rule change
   271.    Withdrawal of proposed rule change
   272.    Objection to proposed rule change
   273.    Application to tribunal about proposed rule change
   274.    Application to tribunal by resident about existing rule

           Division 3 - Publication of house rules

   275.     Proposed resident to be given a copy of house rules
   276.    Display of house rules

CHAPTER 5 - ENDING OF AGREEMENTS

   PART 1 - ENDING OF RESIDENTIAL TENANCY AGREEMENTS

           Division 1 - General

   277.    Ending of residential tenancy agreements
   278.    Acceptance of rent does not operate as waiver of tenant’s breach
   279.    Offer or payment of rent does not operate as waiver of lessor’s breach

           Division 2 - Action by lessor

              Subdivision 1 - Notices to remedy breach given by lessor

   280.    Notice to remedy tenant’s breach

              Subdivision 2 - Notices to leave premises given by lessor

   281.    Notice to leave for unremedied breach
   282.    Notice to leave for tenant’s noncompliance with tribunal order
   283.    Notice to leave for noncompliance (moveable dwelling relocation)
   284.    Notice to leave if agreement frustrated
   285.    Notice to leave if agreement frustrated (moveable dwelling premises)
   286.    Notice to leave if premises being sold
   287.    Notice to leave if closure of moveable dwelling park involved
   288.    Notice to leave if tenant’s employment ends or entitlement to occupy under employment ends
   289.    Notice to leave if tenant’s entitlement to supported accommodation ends
   290.    Notice to leave if tenant’s entitlement under affordable housing scheme ends
   290A.   Notice to leave because of serious breach
   291.    Notice to leave without ground
   292.    Application to tribunal about notice to leave without ground

              Subdivision 3 - Applications for termination by lessor

   293.    Application for termination for failure to leave
   294.    Application for termination for failure to leave as intended
   295.    Application for termination for excessive hardship
   296.    Application for termination for damage or injury
   296A.   Application for termination for damage or injury in public or community housing
   297.    Application for termination for tenant’s objectionable behaviour
   297A.   Application for termination for objectionable behaviour in public or community housing
   298.    Application for termination for incompatibility
   299.    Application by lessor for termination for repeated breaches by tenant
   300.    Application for interim order about damage or injury

           Division 3 - Action by tenant

              Subdivision 1 - Notices to remedy breach given by tenant

   301.    Notice to remedy lessor’s breach

              Subdivision 2 - Notices of intention to leave premises given by tenant

   302.    Notice of intention to leave for unremedied breach
   303.    Waiver of breach
   304.    Notice of intention to leave for lessor’s noncompliance with tribunal order
   305.    Notice of intention to leave if agreement frustrated
   306.    Notice of intention to leave if agreement frustrated (moveable dwelling premises)
   307.    Notice of intention to leave if premises being sold
   308.    Notice of intention to leave without ground

              Subdivision 3 - Applications for termination by tenant

   309.    Application for termination for failure of lessor to remedy breach
   310.    Application for termination for excessive hardship
   311.    Application for termination for damage or injury
   312.    Application by cotenant for termination for damage or injury
   313.    Application for termination for lessor’s objectionable behaviour
   314.    Application for termination for incompatibility
   315.    Application by tenant for termination for repeated breaches by lessor
   316.    Application for interim order about damage or injury

           Division 4 - Action by other persons

              Subdivision 1 - Mortgagees

   317.    Notice about proposed action of mortgagee
   318.    Acceptance of rent does not operate as consent
   319.    Tenant not liable for loss if tenant vacates or is removed from premises after receiving notice from mortgagee
   320.    Tenant not liable for loss if rent paid to mortgagee

              Subdivision 2 - Other persons

   321.    Application by tenant’s domestic associate for termination for damage or injury
   322.    Application by occupant for termination for damage or injury
   323.    Application for interim order about damage or injury
   324.    References to applications

           Division 5 - Procedural requirements for action taken by lessor or tenant

   325.    Notice to remedy breach
   326.    Notice to leave
   327.    Notice of intention to leave
   328.    Allowed remedy period
   329.    Handover day for notice to leave for premises that are not moveable dwelling premises
   330.    Handover day for notice to leave for moveable dwelling premises
   331.    Handover day for notice of intention to leave for premises that are not moveable dwelling premises
   332.    Handover day for notice of intention to leave for moveable dwelling premises
   333.    Withdrawing notice to leave for unremedied breach
   334.    Withdrawing notice of intention to leave
   335.    Applications for termination orders
   336.    Applications to tribunal

           Division 6 - Orders of tribunal

   337.    Failure to leave for unremedied breach
   338.    Failure to leave for noncompliance (tribunal order)
   339.    Failure to leave for noncompliance (moveable dwelling relocation)
   340.    Failure to leave for other grounds
   341.    Failure to leave without ground
   342.    Failure to leave as intended
   343.    Excessive hardship
   344.    Damage or injury
   345.    Objectionable behaviour other than in public or community housing
   345A.   Objectionable behaviour in public or community housing
   346.    Incompatibility
   347.    Repeated breaches
   348.    Interim order about damage or injury
   349.    Defects in notices
   349A.   How tribunal must deal with public or community housing tenant

           Division 7 - Recovery of possession of premises

   350.    Issue of warrant of possession
   351.    Warrant of possession
   352.    Execution of warrant of possession
   353.    Way of recovering possession of premises
   354.    Obstruction of person executing warrant of possession

           Division 8 - Abandonment

   355.    Termination of agreement by lessor if premises abandoned
   356.    Dispute about abandonment termination notice
   357.    Order about abandonment

           Division 9 - Compensation

   358.    Tenant remaining in possession
   359.    Compensation on abandonment termination notice
   360.    Compensation on termination by tribunal
   361.    Review of abandonment order
   362.    Duty to mitigate loss or expense

           Division 10 - Goods and documents left behind on premises

   363.    Goods left on premises
   364.    Documents left on premises
   365.    Application about goods left on premises

   PART 2 - ENDING OF ROOMING ACCOMMODATION AGREEMENTS

           Division 1 - General

   366.    Ending of rooming accommodation agreements
   367.    Purporting to terminate agreement in unauthorised way

           Division 2 - Action by provider

              Subdivision 1 - Notices to remedy breach given by provider

   368.    Notice to remedy resident’s breach

              Subdivision 2 - Notices to leave given by provider

   369.    Notice to leave because of failure to remedy breach
   370.    Notice to leave immediately because of serious breach
   371.    Notice to leave if premises destroyed etc.
   372.    Terminating of agreement by provider without ground
   373.    Application to tribunal about terminating agreement without ground
   374.    Notice to leave if resident’s employment ends or entitlement to occupy under employment ends
   375.    Power to remove resident

              Subdivision 3 - Applications for termination by provider

   376.    Application by provider for termination for repeated breaches by resident
   377.    Application by provider to terminate fixed term agreement because of excessive hardship

           Division 3 - Action by resident

              Subdivision 1 - Notices to remedy breach given by resident

   378.    Notice to remedy provider’s breach

              Subdivision 2 - Notices terminating agreement given by resident

   379.    Notice terminating fixed term agreement because of failure to remedy breach
   380.    Notice terminating agreement if premises destroyed etc.
   381.    Terminating of agreement by resident without ground

              Subdivision 3 - Applications for termination by resident

   382.    Application by resident for termination for repeated breaches by provider
   383.    Application by resident to terminate fixed term agreement because of excessive hardship

           Division 4 - Action by mortgagees

   384.    Notice about proposed action of mortgagee
   385.    Acceptance of rent does not operate as consent
   386.    Resident not liable for loss if resident vacates or is removed from premises after receiving notice under s 384
   387.    Resident not liable for loss if rent paid to mortgagee

           Division 5 - Procedural requirements and orders of tribunal

   388.    Applications for termination orders
   389.    Orders relating to repeated breaches

           Division 6 - Goods or money left behind in premises

   390.    Application of div 6
   391.    Unauthorised dealing with lost property
   392.    Personal document or money
   393.    Item other than personal document or money
   394.    Personal document given to public trustee
   395.    Money given to public trustee
   396.    Application to tribunal about lost property

CHAPTER 6 - DISPUTE RESOLUTION

   PART 1 - CONCILIATION PROCESS FOR RESIDENTIAL TENANCY DISPUTES AND ROOMING ACCOMMODATION DISPUTES

           Division 1 - Preliminary

   397.    Application of pt 1

           Division 2 - Conciliation

   398.    Conciliation process
   399.    Some matters not suitable for conciliation
   400.    Appointment of conciliators
   401.    Functions of conciliators

           Division 3 - Starting the conciliation process

   402.    Making dispute resolution request
   403.    Action to be taken on dispute resolution request

           Division 4 - Conduct of conciliation process

   404.    Conciliation fee
   405.    Limited right of representation
   406.    Parties’ participation in conciliation process not compellable
   407.    Parties to conciliation process
   408.    Conciliation agreements
   409.    No record of conciliation process

           Division 5 - Withdrawal of disputes

   410.    Withdrawal of disputes

           Division 6 - Confidentiality, privilege and immunity

   411.    Conciliators to maintain secrecy
   412.    Ordinary protection and immunity allowed
   413.    Admissions made in conciliation process

   PART 2 - APPLICATION TO TRIBUNALS

           Division 1 - Application of part

   414.    Application of pt 2

           Division 2 - Preliminary

   414A.   Applications to the tribunal
   415.    Meaning of urgent application
   416.    Dispute resolution request required before applying to tribunal
   417.    Reference to making of tribunal application includes making of dispute resolution request

           Division 3 - General powers of tribunals

   418.    Application of Act to agreements
   419.    Applications about breach of agreements
   420.    Orders about breach of agreements
   421.    Matters to which tribunal must have regard for orders for compensation
   422.    Application of Aboriginal tradition
   423.    Application of Island custom
   424.    Disputes about tenants’ notices
   425.    Dispute about residents’ notices
   426.    Disputes about lessors’ notices
   427.    Dispute about providers’ notices
   428.    Dispute about entry to resident’s room or removal of resident
   429.    General disputes between lessors and tenants or providers and residents
   430.    Disputes between cotenants or coresidents about rental bonds
   431.    Different applications may be decided together
   432.    Joining applications
   433.    Relevant matters for deciding whether a person is a boarder or lodger
   433A.   Particular applications to be heard in private

CHAPTER 7 - ENFORCEMENT

   PART 1 - AUTHORISED PERSONS

   434.    Authorised persons under this chapter
   435.    Appointment
   436.    Limitation of authorised person’s powers
   437.    Authorised person’s conditions of appointment
   438.    Authorised person’s identity card
   439.    Production or display of authorised person’s identity card

   PART 2 - POWERS OF AUTHORISED PERSONS FOR PLACES

   440.    Entry to places
   441.    Warrants for entry
   442.    Warrants—applications made other than in person
   443.    Authorised person’s general powers for places

   PART 3 - OTHER ENFORCEMENT MATTERS

   444.    Procedure after document seized
   445.    Power to require information from certain persons
   446.    False or misleading information
   447.    False or misleading documents
   448.    Authorised person to give notice of damage
   449.    Compensation
   450.    Agreement to entry
   451.    Evidence of agreement
   452.    Obstruction of authorised person
   453.    Impersonation of authorised person

CHAPTER 8 - CAUSING NUISANCE IN MOVEABLE DWELLING PARKS

   454.    Behaviour in moveable dwelling park causing serious nuisance
   455.    Application to tribunal for order to exclude person from park
   456.    Order of tribunal excluding person from park

CHAPTER 9 - TENANCY DATABASES

   457.    Definitions for ch 9
   457A.   References to lessors and tenants in ch 9
   457B.   Extra-territorial application of particular provisions of ch 9
   458.    Non-application to internal databases
   458A.   Notice of usual use of database
   458B.   Notice of listing if database used
   459.    Restriction on listing
   459A.   Ensuring quality of listing—lessors and lessors agents
   459B.   Ensuring quality of listing—database operators
   459C.   Providing copy of personal information listed
   459D.   Keeping personal information listed
   460.    Application to tribunal about breach
   461.    Application to tribunal about personal information listed
   462.    Application to tribunal about proposed listing
   463.    Offence of contravening tribunal order
   464.    Order for compensation

CHAPTER 10 - RESIDENTIAL TENANCIES AUTHORITY

   PART 1 - ESTABLISHMENT OF AUTHORITY

   465.    Establishment of authority
   466.    Legal status of authority
   467.    Authority represents the State

   PART 2 - FUNCTIONS AND POWERS OF AUTHORITY

   468.    Authority’s functions
   469.    Authority’s powers
   470.    Reserve power of Minister to give directions in public interest

   PART 3 - THE BOARD

   471.    The board
   472.    Role of the board
   473.    Composition of board
   474.    Duration of appointment
   475.    Conditions of appointment

   PART 4 - PROCEEDINGS OF THE BOARD

   476.    Time and place of meetings
   477.    Conduct of proceedings
   478.    Disclosure of interests
   479.    Minutes

   PART 5 - FINANCIAL MATTERS

   480.    Application of Financial Accountability Act 2009
   481.    Authority is statutory body for Statutory Bodies Financial Arrangements Act 1982
   482.    Administration budget

   PART 6 - OTHER THINGS ABOUT THE AUTHORITY

   483.    Authority may enter into work performance arrangements
   484.    Seal
   485.    Application of certain Acts
   486.    Delegation

   PART 7 - CHIEF EXECUTIVE OFFICER

   487.    Chief executive officer
   488.    Chief executive officer not to engage in other paid employment
   489.    Acting chief executive officer
   490.    Delegation by chief executive officer

CHAPTER 11 - RESIDENTIAL TENANCIES EMPLOYING OFFICE

   PART 1 - ESTABLISHMENT AND FUNCTIONS OF EMPLOYING OFFICE

   491.    Establishment of employing office
   492.    Employing office represents the State
   493.    Functions of employing office

   PART 2 - EXECUTIVE OFFICER

   494.    Appointment of executive officer
   495.    Executive officer acting for employing office
   496.    Delegation by executive officer

   PART 3 - STAFF OF EMPLOYING OFFICE

   497.    Employing office may employ staff
   498.    Employing office may enter into work performance arrangements

   PART 4 - OTHER PROVISIONS

   499.    Employing office is statutory body
   500.    Application of Crime and Corruption Act 2001

CHAPTER 12 - LEGAL PROCEEDINGS

   PART 1 - APPLICATION

   501.    Application of ch 12

   PART 2 - EVIDENCE

   502.    Appointments and authority
   503.    Signatures
   504.    Other evidentiary aids
   505.    Statement of complainant’s knowledge
   506.    Condition reports for residential tenancy
   507.    Condition report for rooming accommodation
   508.    Rental bonds
   509.    Indications a resident has abandoned a room

   PART 3 - PROCEEDINGS

   510.    Summary offences
   511.    Attempts to commit offences
   512.    Responsibility for act or omission of representative
   513.    (Repealed)

   PART 4 - OFFENCE ABOUT GIVING FALSE OR MISLEADING DOCUMENT TO AUTHORITY

   514.    False or misleading documents

CHAPTER 13 - MISCELLANEOUS

   515.    Authority may provide addresses to tribunal
   516.    Applications for more than prescribed amount
   517.    Protection from liability
   518.    Disclosure of interests
   519.    Approved forms
   520.    Regulation-making power
   521.    Non-application of Act to long-term leases on Hamilton Island
   522.    Non-application of Act to long-term leases for Hayman Island
   523.    Non-application of Act to long-term leases for Pacific Mirage
   524.    Non-application of Act to long-term leases within prescribed land
   525.    Giving notice to resident with impaired or limited capacity
   526.    Reporting a matter relating to the Residential Services (Accreditation) Act
   527.    Confidentiality

CHAPTER 13A - MATTERS RELATING TO PARTICULAR LEASES BY THE STATE AND COMMUNITY HOUSING PROVIDERS

   527A.   Definitions for ch 13A
   527B.   What is a community housing provider
   527C.   Existing State tenancy agreements and community housing provider tenancy agreements
   527D.   Acceptable behaviour agreements for tenants
   527E.   Application for termination relating to acceptable behaviour agreement
   527F.   State may charge bonds and service charges under existing State tenancy agreements

CHAPTER 14 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

   PART 1 - REPEAL PROVISIONS

   528.    Repeal of Residential Tenancies Act 1994
   529.    Repeal of Residential Services (Accommodation) Act 2002

   PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 73 OF 2008

           Division 1 - Interpretation

   530.    Definitions for pt 2

           Division 2 - Transitional references

   531.    Application of div 2
   532.    References to Residential Tenancies Act 1994
   533.    References to Residential Services (Accommodation) Act 2002

           Division 3 - The authority

   534.    Authority continues under this Act
   535.    Continuation of appointment of chief executive officer
   536.    Existing employees of authority

           Division 4 - The authority’s board

   537.    The board

           Division 5 - Employing office

   538.    Employing office continues under this Act
   539.    Continuation of appointment of executive officer
   540.    Existing employees of employing office

           Division 6 - Authorised persons and conciliators

   541.    Authorised persons
   542.    Conciliators

           Division 7 - Existing agreements

   543.    Existing agreements continue under this Act

           Division 8 - Agreements to which repealed Acts would not have applied

   544.    Agreements to which repealed Acts did not apply or would not have applied
   545.    Contracts of sales 30

           Division 9 - Rental bonds

   546.    Existing rental bonds
   547.    Rental bond held for agreements to which repealed Acts did not apply or would not have applied
   548.    Rental bonds held for premises or rooming accommodation on university campus
   549.    Payment of rental bond held when agreement under s 544(3) entered into

           Division 10 - Notices given, or applications or requests made, by parties to agreements

   550.    Notices given, or applications or requests made, under repealed Act continue under that Act
   551.    Notices given, or applications or requests made, under this Act for matters happening before commencement

           Division 11 - Other transitional provisions

   552.    Period stated in previous provision

   PART 3 - SAVINGS AND TRANSITIONAL PROVISIONS FOR RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT ACT 2013

   553.    (Repealed)
   554.    Notices given, and proceedings started, by the State
   555.    Notices given, and proceedings started, by the tenant
   556.    Applications by the State or community housing providers for particular termination orders
   557.    (Repealed)

   PART 4 - TRANSITIONAL PROVISIONS FOR PLUMBING AND DRAINAGE AND OTHER LEGISLATION AMENDMENT ACT 2016

   558.    Definitions for pt 4
   559.    Meaning of particular terms
   560.    Use of tenancy databases before commencement
   561.    Listings proposed to be made before commencement
   562.    Ensuring quality of existing listings
   563.    Providing copy of personal information for existing listings
   564.    Keeping existing listings in tenancy databases
   565.    Applications to tribunal about breach
   566.    Applications to tribunal about personal information listed
   567.    Applications to tribunal about proposed listings
   568.    Existing applications to tribunal
           SCHEDULE 2


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