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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SCHEDULE 2

SCHEDULE 2 – Dictionary


"abandonment termination notice" see section 355 (1).

"affordable housing scheme" means NRAS or a scheme under which the Commonwealth, the State, a local government or a non-profit corporation provides accommodation assistance, other than—

(a) as approved supported accommodation; or
(b) under a subletting mentioned in section 38 .

"agent"
(a) of a lessor, means a person employed, or otherwise authorised, by the lessor to act as the lessor’s agent; or
(b) of a provider, means a person employed, or otherwise authorised, by the provider to act as the provider’s agent.

"agreement" see section 19 .

"allowed remedy period" means the period stated in a notice to remedy breach as the period within which a party to an agreement is required to remedy the breach of the agreement stated in the notice.

"antisocial behaviour" , for chapter 13A , see section 527A .

"approved form" see section 519 .

"approved supported accommodation" means accommodation provided under an agreement between the Commonwealth and the State under—
(a) the program known as the ‘Crisis Accommodation Program’, or, if the program is continued under another name, the program as continued under the other name; or
(b) the program known as the ‘Supported Accommodation Assistance Program’, or, if the program is continued under another name, the program as continued under the other name.

"approved way"
(a) for payment of rent by a tenant, see section 83 (4); or
(b) for payment of rent by a resident, see section 98 (4).

"arrangement" includes a promise, scheme, transaction (with or without consideration), understanding and undertaking (whether expressed or implied).

"authorised person" means a person who is appointed under this Act as an authorised person.

"authority" means the Residential Tenancies Authority.

"base period" see section 47 (1).

"board" means the authority’s board of directors.

"bond loan contributor" see section 114 .

"caravan" see section 7 .

"chairperson" means the chairperson of the board.

"chief executive officer" means the authority’s chief executive officer.

"common areas" , for a resident of rental premises, means the parts of the rental premises other than the resident’s room that the resident may use under the rooming accommodation agreement.

"community housing provider" , for a tenancy, see section 527B .

"community housing provider tenancy agreement" see section 527A .

"community housing service" , for chapter 13A , see section 527A .

"compulsory acquisition"
(a) for a notice to leave, see section 284 (4); or
(b) for a notice of intention to leave, see section 305 (4).

"compulsory park closure" , for a notice to leave, see section 287 (5).

"conciliation agreement" means an agreement mentioned in section 408 .

"conciliation process" see section 398 .

"conciliator" means a person appointed as a conciliator under section 400 .

"condition report"
(a) for residential premises and inclusions, means a report describing the physical condition of the premises and inclusions; or
(b) for a room in rental premises and the facilities in the room, means a report describing the physical condition of the room and facilities.

"contributor" , for a rental bond, see section 113 .

"coresident" means 1 of 2 or more residents who occupy the same room or rooms in the rental premises under the same rooming accommodation agreement.

"damage" , for an application for a termination order, see sections 296 (3), 311(2) and 312(2).

"database operator" , for chapter 9 , see section 457 .

"director" means a director of the board, and includes the chairperson.

"dispute" , for chapter 6 , part 1 , means a tenancy dispute or a rooming accommodation dispute.

"dispute resolution request" see section 402 .

"domestic violence" has the meaning given by the Domestic and Family Violence Protection Act 2012 .

"domestic violence issues" see sections 245 (4) and 344(2).

"domestic violence order" has the meaning given by the Domestic and Family Violence Protection Act 2012 .

"education department" means the department in which the Education (General Provisions) Act 2006 is administered.

"emergency repairs" see section 214 .

"employee of the employing office" see section 497 (2).

"employing office" means the Residential Tenancies Employing Office established under section 491 .

"ending of accommodation assistance" , for a notice to leave, see section 289 (3).

"ending of entitlement under employment" , for a notice to leave, see section 288 (2).

"ending of housing assistance" , for a notice to leave, see section 290 (3).

"enforcement warrant" means an enforcement warrant under the Civil Proceedings Act 2011 .

"entry notice" see section 193 (1)(a).

"excessive hardship" , for an application for a termination order, see sections 295 (2), 310(2), 377 and 383.

"executive officer" , of a corporation, means—
(a) if the corporation is the Commonwealth or a State—a chief executive of a department or a person who is concerned with, or takes part in, the management of a department, whatever the person’s position is called; or
(b) if the corporation is a local government—
(i) the local government’s chief executive officer; or
(ii) a person who is concerned with, or takes part in, the local government’s management, whatever the person’s position is called; or
(c) if paragraphs (a) and (b) do not apply—a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

"executive officer" , of the employing office, means the executive officer appointed under section 494 .

"existing database" , for chapter 14 , part 4 , see section 558 .

"existing listing" , for chapter 14 , part 4 , see section 558 .

"existing State tenancy agreement" , for chapter 13A , see section 527A .

"existing State tenancy agreement" see section 527C .

"facilities" , for rooming accommodation, includes furniture and equipment.

"failure to enter into acceptable behaviour agreement" , for an application for a termination order, see section 527E .

"failure to leave" , for an application for a termination order, see section 293 (3).

"failure to leave as intended" , for an application for a termination order, see section 294 (3).

"final nuisance direction" see the Police Powers and Responsibilities Act 2000 .

"fixed term agreement"
(a) for a residential tenancy, means a residential tenancy agreement for a residential tenancy for a fixed term; or
(b) for rooming accommodation, means a rooming accommodation agreement under which accommodation is provided to a resident for a fixed term.

"food service" means a service of regularly providing meals to a resident.

"former" , for chapter 14 , part 4 , see section 558 .

"general service charge" , for premises that are not moveable dwelling premises in a moveable dwelling park, means a service charge that is not a water service charge.

"goods" include animals, plants, money, documents and anything else of value.

"government entity" see the Public Service Act 2008 , section 24 .

"guest" , of a resident, means a person who enters the resident’s room or common areas with the resident’s consent.

"handover day" , for premises, means the day stated in a notice to leave, or notice of intention to leave, as the day vacant possession of the premises is required to be, or will be, handed over to the lessor.

"holding deposit" , for premises, means an amount paid as consideration for an option to enter into an agreement for the premises.

"home owner" see the Manufactured Homes (Residential Parks) Act 2003 , section 8 .

"house rules" , for rental premises, means the rules in force for the premises under chapter 4 , part 3 .

"inaccurate" , for chapter 9 , see section 457 .

"inclusions" , for premises, means everything supplied with the premises for the tenant’s use (whether or not the things are supplied under an agreement).

"incompatibility" , for an application for a termination order, see sections 298 (3) and 314(3).

"individually metered" , for premises, means there is, for the premises, a meter that—
(a) has been installed or approved by a supply authority; and
(b) measures, for the premises only, the quantity of something supplied to, or used at, the premises under a service or facility made available by the authority.

"industrial instrument" see the Industrial Relations Act 2016 , schedule 5 .

"initial nuisance direction" see the Police Powers and Responsibilities Act 2000 .

"injury" , for an application for a termination order, see sections 296 (4), 311(3) and 312(3).

"intention to sell" , for a notice of intention to leave, see section 307 (4).

"interested person" , for a rental bond, for chapter 2 , part 3 , division 3 , see section 136 (7) and sections 143 and 144.

"key" , of a lock, means a device or information normally used to operate the lock.

"key deposit" see section 156 .

"lessor" see—
(a) generally— sections 8 and 20; and
(b) for chapter 9 section 457A .

"list" , for chapter 9 , see section 457 .

"lock" means a device for securing a door, gate, window or another part of premises.

"long tenancy (moveable dwelling)" see section 51 .

"lost property" , for chapter 5 , part 2 , division 6 , see section 390 .

"manufactured home" see the Manufactured Homes (Residential Parks) Act 2003 , section 10 .

"maximum rental bond"
(a) for a residential tenancy agreement, see section 112 (1); or
(b) for a rooming accommodation agreement, see section 112 (2).

"mortgagee" , for a mortgage, includes any person from time to time deriving title to the mortgage under a previous mortgagee.

"moveable dwelling" means a caravan or manufactured home.

"moveable dwelling park" means a place where moveable dwellings are situated for occupation on payment of consideration.

"moveable dwelling premises" means premises consisting of—
(a) for a moveable dwelling that is a caravan—the dwelling or its site, or both the dwelling and site; or
(b) for a moveable dwelling that is a manufactured home in, or intended to be situated in, a moveable dwelling park—the dwelling or its site, or both the dwelling and site.

"new" , for chapter 14 , part 4 , see section 558 .

"nominated repairer" see section 216 (1).

"noncompliance (moveable dwelling relocation)" , for a notice to leave, see section 283 (3).

"noncompliance (tribunal order)"
(a) for a notice to leave, see section 282 (2); or
(b) for a notice of intention to leave, see section 304 (2).

"non-livability"
(a) for a notice to leave, see sections 284 (3) and 285(5); or
(b) for a notice of intention to leave, see sections 305 (3) and 306(5).

"non-profit corporation" means a corporation formed for a purpose other than the purpose of making a profit.

"non-resolution notice" , for park rules for a moveable dwelling park, see section 231 (6).

"notice of intention to leave" means a notice given by the tenant to the lessor indicating the tenant’s intention to hand over vacant possession of the premises to the lessor on the handover day.

"notice to leave" means a notice given by the lessor to the tenant requiring the tenant to hand over vacant possession of the premises to the lessor on the handover day.

"notice to relocate" see section 223 (1).

"notice to remedy breach" means a notice given by a party to an agreement to the other party requiring the other party to remedy a breach of the agreement stated in the notice.

"NRAS" means the National Rental Affordability Scheme or a similar scheme by whatever name called.

"nuisance direction" means an initial or final nuisance direction.

"objectionable behaviour" , for an application for a termination order, see sections 297 (2) and 313(2).

"objection closing day" , for park rules for a moveable dwelling park, see section 229 (1)(a).

"objector" , for park rules for a moveable dwelling park, see section 231 (2).

"obstruct" includes hinder, resist and attempt to obstruct.

"occupant" , of premises, means a person who resides at the premises.

"officer" , of the authority, means any of the following—
(a) the chief executive officer;
(b) an employee of the employing office or of another government entity performing work for the authority under a work performance arrangement;
(c) an employee of the authority, whether or not there is a written contract of employment between the authority and the employee;
(d) an individual performing services for the authority—
(i) under a contract, other than a contract of employment, between the individual and the authority; or
(ii) under an arrangement, other than a work performance arrangement, between the authority and a person other than the individual.

"option period" , for chapter 2 , part 4 , division 2 , see section 159 (3).

"out of date" , for chapter 9 , see section 457 .

"park liaison committee" , for a moveable dwelling park, see section 231 (2).

"park rules" means rules made by the owner of a moveable dwelling park about the use, enjoyment, control and management of the park.

"party" , to a dispute, for chapter 6 , part 1 , means—
(a) for a tenancy dispute—the lessor or tenant; or
(b) for a rooming accommodation dispute—the provider or resident.

"periodic agreement"
(a) for a residential tenancy—means a residential tenancy agreement that is not a fixed term agreement; or
(b) for rooming accommodation—means a rooming accommodation agreement that is not a fixed term agreement.

"personal care service" means a service of regularly providing a resident with—
(a) help in—
(i) bathing, toileting or another activity related to personal hygiene; or
(ii) dressing or undressing; or
(iii) consuming a meal; or
(iv) meeting a mobility problem of the resident; or
(v) taking medication; or
(b) help in managing the resident’s financial affairs.

"personal document" , of a person, means a document it would be reasonable to expect the person would want to keep.
Examples—
passport, birth certificate, marriage certificate, photograph

"personal information" , for chapter 9 , see section 457 .

"premises" see sections 9 and 22.

"prescribed rules" see section 267 .

"proposal" , for park rules for a moveable dwelling park, see section 229 (1)(a).

"proposed commencement day" , for a rule change, see section 270 (1)(b).

"protection order" means an order under the Domestic and Family Violence Protection Act 2012 , section 37 .

"provider" see sections 17 and 21.

"public housing" , for chapter 13A , see section 527A .

"registered higher education provider" see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .

"registrar" means the principal registrar under the QCAT Act.

"registry" means the registry under the QCAT Act.

"relative" of a person—
(a) means the person’s spouse, child, grandchild, great-grandchild, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, son-in-law, sister-in-law or brother-in-law; and
(b) for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative of the Aboriginal person; and
(c) for a Torres Strait Islander person—includes a person who, under Island custom, is regarded as a relative of the Torres Strait Islander person.

"rent" means—
(a) an amount payable by a tenant under a residential tenancy agreement for the right to occupy residential premises as a residence; or
(b) an amount payable by a resident under a rooming accommodation agreement for the provision of accommodation and any other service provided under the agreement.

"rental bond" see section 111 .

"rental bond account" see section 149 .

"rental bond instalments"
(a) for a residential tenancy agreement, see section 117 (1)(c); or
(b) for a rooming accommodation agreement, see section 118 (1).

"rental bond interest account" see section 149 .

"rental bond notice" means a notice about a rental bond given to the authority under section 116 .

"rental bond supplier" see section 138 .

"rental premises" means the premises in which rooming accommodation is provided.

"rental purchase plan agreement" means an agreement entered into between the State and someone else (the
"buyer" ) about residential premises
(a) under which the buyer agrees to buy, or after the buyer has bought, a part interest (a
"share" ) in the premises; and
(b) under which the State gives the buyer the right to occupy the premises; and
(c) under which the buyer is required to make payments to the State and—
(i) if the buyer is buying a share—the payments are divided by the State between the amount owing for the purchase of the share and rent for the right to occupy the premises; or
(ii) if the buyer has bought a share and is not buying a further share—the payments are payments of rent for the right to occupy the premises.

"renting agent" , for a lessor, means the agent to whom the tenant normally pays the rent.

"rent payment record"
(a) for a residential tenancy agreement, see section 88 (5)(a); or
(b) for a rooming accommodation agreement, see section 102 (5)(a).

"repeated breaches" , for an application for a termination order, see sections 299 (3), 315(3), 376(3) and 382(3).

"replacement lessor" , for chapter 13A , see section 527A .

"replacement lessor" see section 527C .

"replacement terms" , for chapter 13A , see section 527C .

"representative" , of a person, means—
(a) if the person is a corporation—an executive officer, employee or agent of the corporation; or
(b) if the person is an individual—an employee or agent of the individual.

"resident" , in rooming accommodation, see sections 14 and 21.

"resident" , of a moveable dwelling park, means a person occupying moveable dwelling premises in the park as the tenant under an agreement.

"residential premises" see section 10 .

"residential tenancy" see section 11 .

"residential tenancy agreement" see section 12 .

"resident’s room" , for a resident of rental premises, means a room in the premises that the resident occupies as his or her residence under the rooming accommodation agreement.

"retirement village" has the meaning given by the Retirement Villages Act 1999 .

"rooming accommodation" see section 15 .

"rooming accommodation agreement" see section 16 .

"rooming accommodation dispute" see section 397 (2).

"routine repairs" see section 215 .

"rule change" , in relation to the house rules for rental premises, see section 269 .

"rules of entry"
(a) for a residential tenancy agreement, see section 200 ; or
(b) for a rooming accommodation agreement, see section 263 .

"sale contract" , for a notice to leave, see section 286 (2).

"school" means—
(a) a State school within the meaning of the Education (General Provisions) Act 2006 ; or
(b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .

"secondary agent" , for a lessor, means an agent of the lessor who is not the renting agent.

"self-contained unit" means a part of a building, forming a self-contained residence, that is under the exclusive possession of the occupier and includes kitchen, bathroom and toilet facilities.

"selling agent" means—
(a) for a lessor—the agent appointed to sell the lessor’s premises; or
(b) for a provider—the agent appointed to sell the provider’s premises.

"serious breach" , for a notice to leave, see section 290A (2).

"serious or persistent breach of acceptable behaviour agreement" , for an application for a termination order, see section 527E .

"service charge" see section 164 .

"share" , of a rental bond, see section 115 .

"short tenancy (extension) statement" see section 48 (1).

"short tenancy (moveable dwelling)" see section 50 .

"short tenancy statement" see section 47 (1).

"site" , of a moveable dwelling, means the site where the moveable dwelling is, or is intended to be, situated.

"site agreement" see the Manufactured Homes (Residential Parks) Act 2003 , section 14 .

"social housing database" , for chapter 9 , see section 457 .

"social housing service" , for chapter 13A , see section 527A .

"special terms"
(a) of a residential tenancy agreement, see section 56 ; or
(b) of a rooming accommodation agreement, see section 74 .

"standard terms"
(a) of a residential tenancy agreement, see section 55 (2); or
(b) of a rooming accommodation agreement, see section 73 (2).

"state of mind" , of a person, includes—
(a) the person’s knowledge, intention, opinion, belief or purpose; and
(b) the person’s reasons for the intention, opinion, belief or purpose.

"structural change" to premises or rental premises means any renovation, alteration or addition to the premises or rental premises.

"tenancy database" , for chapter 9 , see section 457 .

"tenancy dispute" see section 397 (1).

"tenant" see—
(a) generally— sections 13 and 20; and
(b) for chapter 9 section 457A .

"termination order" means an order of a tribunal terminating a residential tenancy agreement or rooming accommodation agreement.

"tribunal" means QCAT.

"university" ...

"unremedied breach"
(a) for a notice to leave, see section 281 (2); or
(b) for a notice of intention to leave, see section 302 (2).

"urgent application" see section 415 .

"voluntary park closure" , for a notice to leave, see section 287 (4).

"water service charge" , for premises, means a service charge for water supplied to the premises.

"without ground"
(a) for a notice to leave, see section 291 (4); or
(b) for a notice of intention to leave, see section 308 (2).

"work performance arrangement" means an arrangement under which an employee of a government entity performs work for another government entity.



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