South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"authorised officer" means a person appointed to be an authorised officer
under Part 2 Division 2;
"council" has the same meaning as in the Local Government Act 1999 ;
"decision", of the Tribunal, has the same meaning as in the
South Australian Civil and Administrative Tribunal Act 2013 ;
"Deputy President" means a Deputy President of the Tribunal appointed under
the South Australian Civil and Administrative Tribunal Act 2013 ;
"Deputy Registrar" means a Deputy Registrar of the Tribunal appointed under
the South Australian Civil and Administrative Tribunal Act 2013 ;
"director" of a body corporate includes a person occupying or acting in the
position of director of the governing body of the body corporate and includes
any person in accordance with whose directions or instructions the directors
of the governing body are accustomed to act;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"Fund" means the Residential Tenancies Fund under the
Residential Tenancies Act 1995 ;
"housing assessment order"—see section 13;
"housing demolition order"—see section 15;
"housing improvement order"—see section 14;
"housing improvement tenancy dispute" means—
(a) a
dispute between parties or former parties to a residential tenancy agreement
about matters arising under this Act; or
(b) any
matter that may be the subject of an application under this Act to the
Tribunal;
"land" includes any legal estate or interest in, or right in respect of, land;
"landlord" means—
(a) the
person who grants the right of occupancy under a residential
tenancy agreement; or
(b) a
successor in title to the tenanted premises whose title is subject to the
tenant's interest,
and includes a prospective landlord and a former landlord;
"lawyer" means a person entitled to practise the profession of the law under
the Legal Practitioners Act 1981 ;
"notice to vacate"—see section 22;
"owner" of land means—
(a) if
the land is unalienated from the Crown—the Crown; or
(b) if
the land is alienated from the Crown by grant in fee simple—the owner
(at law or in equity) of the estate in fee simple; or
(c) if
the land is held from the Crown by lease or licence—the lessee or
licensee; or
(d) if
the land is held by a Minister or any other agency or instrumentality of the
Crown in prescribed circumstances—the Minister or agency or
instrumentality of the Crown; or
(e) if
the land is under the care, control and management of a council in prescribed
circumstances—the council,
and includes any other person of a prescribed class included within the ambit
of this definition by the regulations;
"preliminary rent control notice"—see section 25(2);
"premises" includes a part of premises;
"prescribed minimum housing standards"—see section 5;
"prescribed residential tenancy agreement" means a residential
tenancy agreement other than—
(a) a
residential park agreement within the meaning of the Residential Parks
Act 2007 ; or
(b) a
residential tenancy agreement within the meaning of the
Residential Tenancies Act 1995 to which that Act applies; or
(c) a
rooming house agreement within the meaning of the Residential Tenancies
Act 1995 ;
"President" means the President of the Tribunal appointed under the
South Australian Civil and Administrative Tribunal Act 2013 ;
"Registrar" means the Registrar of the Tribunal appointed under the
South Australian Civil and Administrative Tribunal Act 2013 ;
"related body corporate" has the same meaning as in the
Corporations Act 2001 of the Commonwealth;
"rent" means an amount payable under a residential tenancy agreement for the
right to occupy premises for a period of the tenancy;
"rent control notice"—see section 25(1);
"residential premises" means premises used, intended to be used, or reasonably
capable of being used, as a place of residence and includes any yard, garden,
outbuildings, appurtenances or area belonging to, or usually used in
connection with, such premises, but does not include premises of a kind
excluded from the ambit of this definition by the regulations;
"residential tenancy agreement" means an agreement under which a person grants
another person, for valuable consideration, a right (which may, but need not,
be an exclusive right) to occupy residential premises, but does not include a
residential tenancy agreement of a kind excluded from the ambit of this
definition by the regulations;
"spouse"—a person is the spouse of another if they are legally married;
"tenant" means—
(a) the
person who is granted a right of occupancy under a residential
tenancy agreement; or
(b) the
person to whom the right passes by assignment or operation of law,
and includes a prospective tenant and a former tenant;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 .
(2) For the
purposes of this Act, a person is an "associate" of another if—
(a) they
are partners; or
(b) 1 is
a spouse, domestic partner, parent or child of another; or
(c) they
are both trustees or beneficiaries of the same trust, or 1 is a trustee
and the other is a beneficiary of the same trust; or
(d) 1 is
a body corporate or other entity (whether inside or outside Australia) and the
other is a director or member of the governing body of the body corporate or
other entity; or
(e) 1 is
a body corporate or other entity (whether inside or outside Australia) and the
other is a person who has a legal or equitable interest in 5% or more of
the share capital of the body corporate or other entity; or
(f) they
are related bodies corporate within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(g) a
relationship of a prescribed kind exists between them; or
(h) a
chain of relationships can be traced between them under any 1 or more of
the above paragraphs.
(3) For the purposes
of subsection (2), a "beneficiary" of a trust includes an object of a
discretionary trust.