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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Landlord and Tenant (Distress for Rent—Health
Records Exemption) Amendment Bill 2008
A BILL FOR
An Act to amend the Landlord and Tenant Act 1936.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Landlord and Tenant
Act 1936
3 Amendment of section
13—Interpretation
4 Insertion of section
43A
43A Exemption of records of health
practitioner
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Landlord and Tenant (Distress for
Rent—Health Records Exemption) Amendment Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Landlord and Tenant
Act 1936
3—Amendment of
section 13—Interpretation
Section 13—after definition of immediate tenant
insert:
health practitioner means a person registered under
the—
(a) Chiropractors Act 1991; or
(b) Dental Practice Act 2001; or
(c) Medical Practice Act 2004; or
(d) Optometry Practice Act 2007; or
(e) Physiotherapy Practice Act 2005; or
(f) Podiatry Practice Act 2005; or
(g) Psychological Practices Act 1973,
and includes a person formerly registered under an Act listed in
paragraphs (a) to (g) (inclusive);
record means—
(a) a documentary record; or
(b) a record made by electronic, electromagnetic, photographic or optical
process; or
(c) any other kind of record.
After section 43 insert:
43A—Exemption of records of health
practitioner
(1) A record of a health practitioner prepared or held in the course of,
or for the purpose of, that practitioner's work as a practitioner is exempted
from distress for rent.
(2) If, prior to the commencement of this section, a landlord distrained
for rent a record of the kind referred to in subsection (1), the landlord
must—
(a) unless a direction is given under paragraph (b), take reasonable
steps to return the record to the health practitioner to whose practice the
record relates; or
(b) if directed to do so by the Minister for Health, deliver the record to
a person nominated by the Minister for Health.