South Australian Current Acts South Australian Current ActsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation amended by principal Act
The Residential Parks Act 2007 amended the following:
Residential Tenancies Act 1995
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2007 |
19 |
14.6.2007 |
5.11.2007 (Gazette 25.10.2007 p4044) except ss 18 &
43—14.6.2009 (s 7(5) Acts Interpretation
Act 1915) |
|
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 130 (s 298)—1.2.2010 (Gazette 28.1.2010
p320) |
|
2013 |
13 |
Residential Tenancies (Miscellaneous) Amendment
Act 2013 |
9.5.2013 |
Sch 1 (cl 2)—9.5.2015 (Gazette 16.4.2015
p1534) |
|
2014 |
2 |
Statutes Amendment (SACAT) Act 2014 |
11.12.2014 |
Pt 13 (ss 138—157)—29.3.2015 (Gazette 5.3.2015
p883) |
|
2016 |
36 |
4.8.2016 |
Sch 1 (cll 2—9)—3.4.2017 (Gazette 7.3.2017
p830) |
|
|
2019 |
1 |
Residential Parks (Miscellaneous) Amendment Act 2019 |
21.2.2019 |
21.2.2019 except ss 6 to 19, 21, 22, 26 & Sch 1
(cll 3 to 6)—12.8.2019 (Gazette 4.7.2019 p2614) |
|
2019 |
14 |
Statutes Amendment (SACAT) Act 2019 |
11.7.2019 |
Pt 23 (s 147)—1.10.2019 (Gazette 29.8.2019
p3138) |
|
2019 |
33 |
21.11.2019 |
Sch 5 (cl 78)—1.7.2020 (Gazette 25.6.2020 p3502) |
|
|
2023 |
39 |
7.12.2023 |
Sch 1 (cl 18)—1.1.2024: s 2 |
|
|
2023 |
41 |
Residential Tenancies (Miscellaneous) Amendment
Act 2023 |
7.12.2023 |
Sch 1 (cll 2 to 5, 6(2) to (4), 7 to 9, 10(1), 11
to 34)—1.3.2024 (Gazette 1.2.2024 p109); cll 6(1), (5)
& 10(2)—1.7.2024 (Gazette 13.6.2024 p1430) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
1.2.2010 |
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Pt 1 |
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s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.2.2010 |
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substituted by 26/2014 s 138(1) |
29.3.2015 |
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business day |
deleted by 39/2023 Sch 1 cl 18 |
1.1.2024 |
|
inserted by 26/2014 s 138(2) |
29.3.2015 |
|
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deleted by 26/2014 s 138(2) |
29.3.2015 |
|
|
inserted by 26/2014 s 138(2) |
29.3.2015 |
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inserted by 36/2016 Sch 1 cl 2(1) |
3.4.2017 |
|
|
inserted by 36/2016 Sch 1 cl 2(1) |
3.4.2017 |
|
|
housing improvement notice |
deleted by 36/2016 Sch 1 cl 2(1) |
3.4.2017 |
|
inserted by 36/2016 Sch 1 cl 2(1) |
3.4.2017 |
|
|
inserted by 36/2016 Sch 1 cl 2(2) |
3.4.2017 |
|
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inserted by 1/2019 s 4(1) |
21.2.2019 |
|
|
inserted by 36/2016 Sch 1 cl 2(3) |
3.4.2017 |
|
|
inserted by 26/2014 s 138(3) |
29.3.2015 |
|
|
Presiding Member |
deleted by 26/2014 s 138(3) |
29.3.2015 |
|
deleted by 26/2014 s 138(4) |
29.3.2015 |
|
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inserted by 26/2014 s 138(4) |
29.3.2015 |
|
|
inserted by 36/2016 Sch 1 cl 2(4) |
3.4.2017 |
|
|
amended by 33/2019 Sch 5 cl 78 |
1.7.2020 |
|
|
substituted by 26/2014 s 138(5) |
29.3.2015 |
|
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s 3(5) and (6) |
inserted by 1/2019 s 4(2) |
21.2.2019 |
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amended by 1/2019 s 5(1) |
21.2.2019 |
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deleted by 1/2019 s 5(2) |
21.2.2019 |
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Pt 2 |
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substituted by 1/2019 s 6(1) |
12.8.2019 |
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inserted by 1/2019 s 6(1) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 2(1) |
1.3.2024 |
|
inserted by 1/2019 s 6(1) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 2(2) |
1.3.2024 |
|
inserted by 1/2019 s 6(1) |
12.8.2019 |
|
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substituted by 1/2019 s 6(2) |
12.8.2019 |
|
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deleted by 1/2019 s 6(2) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 2(3), (4) |
1.3.2024 |
|
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inserted by 1/2019 s 6(3) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 2(5) |
1.3.2024 |
|
s 7(7)—(9) |
inserted by 1/2019 s 6(3) |
12.8.2019 |
|
Pt 3 |
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Pt 3 Div 1 |
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inserted by 1/2019 s 7 |
12.8.2019 |
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inserted by 1/2019 s 8(1) |
12.8.2019 |
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amended by 1/2019 s 8(2) |
12.8.2019 |
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inserted by 1/2019 s 8(3) |
12.8.2019 |
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amended by 1/2019 s 8(4) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 3(1), (2) |
1.3.2024 |
|
amended by 1/2019 s 9 |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 4(1), (2) |
1.3.2024 |
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s 12 amended and redesignated as s 12(1) by 1/2019 s 10(1),
(2) |
12.8.2019 |
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inserted by 1/2019 s 10(2) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 5(1), (2) |
1.3.2024 |
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amended by 1/2019 s 11(1)—(3) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 6(1) |
1.7.2024 |
|
s 14(1a)—(1c) |
inserted by 1/2019 s 11(4) |
12.8.2019 |
|
s 14(2)—(4) |
amended by 1/2019 s 11(3) |
12.8.2019 |
|
inserted by 1/2019 s 11(5) |
12.8.2019 |
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|
|
amended by 41/2023 Sch 1 cl 6(2), (3) |
1.3.2024 |
|
inserted by 1/2019 s 11(5) |
12.8.2019 |
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|
|
amended by 41/2023 Sch 1 cl 6(4) |
1.3.2024 |
|
inserted by 41/2023 Sch 1 cl 6(5) |
1.7.2024 |
|
|
amended by 41/2023 Sch 1 cl 7 |
1.3.2024 |
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Pt 3 Div 2 |
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amended by 41/2023 Sch 1 cl 8(1) |
1.3.2024 |
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|
amended by 41/2023 Sch 1 cl 8(2) |
1.3.2024 |
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|
Pt 3 Div 3 |
inserted by 1/2019 s 12 |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 9(1), (2) |
1.3.2024 |
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Pt 4 |
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amended by 41/2023 Sch 1 cl 10(1) |
1.3.2024 |
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inserted by 41/2023 Sch 1 cl 10(2) |
1.7.2024 |
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amended by 41/2023 Sch 1 cl 11(1), (2) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 11(3), (4) |
1.3.2024 |
|
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amended by 41/2023 Sch 1 cl 11(5), (6) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 12(1), (2) |
1.3.2024 |
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amended by 36/2016 Sch 1 cl 3(1), (2) |
3.4.2017 |
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amended by 41/2023 Sch 1 cl 13 |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 14(1), (2) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 14(3) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 15(1), (2) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 16 |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 17(1), (2) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 17(3), (4) |
1.3.2024 |
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inserted by 13/2013 Sch 1 cl 2(1) |
9.5.2015 |
|
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s 29(6a)—(6d) |
inserted by 13/2013 Sch 1 cl 2(2) |
9.5.2015 |
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amended by 41/2023 Sch 1 cl 18 |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 19 |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 20 |
1.3.2024 |
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substituted by 36/2016 Sch 1 cl 4(1) |
3.4.2017 |
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deleted by 36/2016 Sch 1 cl 4(2) |
3.4.2017 |
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amended by 41/2023 Sch 1 cl 21 |
1.3.2024 |
|
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amended by 36/2016 Sch 1 cl 5 |
3.4.2017 |
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(b) deleted by 1/2019 s 13(1) |
12.8.2019 |
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inserted by 1/2019 s 13(2) |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 22 |
1.3.2024 |
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Pt 5 |
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inserted by 1/2019 s 14 |
12.8.2019 |
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amended by 41/2023 Sch 1 cl 23(1), (2) |
1.3.2024 |
|
inserted by 1/2019 s 14 |
12.8.2019 |
|
|
inserted by 1/2019 s 14 |
12.8.2019 |
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|
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amended by 41/2023 Sch 1 cl 23(3), (4) |
1.3.2024 |
|
inserted by 1/2019 s 14 |
12.8.2019 |
|
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Pt 6 |
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s 49(3)—(9) |
deleted by 1/2019 s 15 |
12.8.2019 |
|
Pt 7 |
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amended by 41/2023 Sch 1 cl 24 |
1.3.2024 |
|
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inserted by 1/2019 s 16 |
12.8.2019 |
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Pt 9 |
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s 52 amended by 36/2016 Sch 1 cl 6 |
3.4.2017 |
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s 52 amended and redesignated as s 52(1) by 1/2019
s 17(1)—(4) |
12.8.2019 |
|
inserted by 1/2019 s 17(4) |
12.8.2019 |
|
|
s 53 |
deleted by 1/2019 s 18 |
12.8.2019 |
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amended by 36/2016 Sch 1 cl 7(1) |
3.4.2017 |
|
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inserted by 36/2016 Sch 1 cl 7(2) |
3.4.2017 |
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amended by 41/2023 Sch 1 cl 25(1) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 25(2) |
1.3.2024 |
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amended by 36/2016 Sch 1 cl 8 |
3.4.2017 |
|
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inserted by 1/2019 s 19 |
12.8.2019 |
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substituted by 1/2019 s 20 |
21.2.2019 |
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inserted by 1/2019 s 21 |
12.8.2019 |
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inserted by 1/2019 s 22 |
12.8.2019 |
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amended by 36/2016 Sch 1 cl 9 |
3.4.2017 |
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amended by 41/2023 Sch 1 cl 26 |
1.3.2024 |
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substituted by 26/2014 s 139(1) |
29.3.2015 |
|
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substituted by 26/2014 s 139(2) |
29.3.2015 |
|
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amended by 41/2023 Sch 1 cl 27(1) |
1.3.2024 |
|
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amended by 41/2023 Sch 1 cl 27(2) |
1.3.2024 |
|
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deleted by 26/2014 s 139(3) |
29.3.2015 |
|
|
amended by 41/2023 Sch 1 cl 28(1), (2) |
1.3.2024 |
|
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amended by 41/2023 Sch 1 cl 29 |
1.3.2024 |
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Pt 10 |
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amended by 41/2023 Sch 1 cl 30(1) |
1.3.2024 |
|
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amended by 41/2023 Sch 1 cl 30(2) |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 31 |
1.3.2024 |
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amended by 41/2023 Sch 1 cl 32 |
1.3.2024 |
|
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Pt 11 |
|
|
|
heading |
substituted by 26/2014 s 140 |
29.3.2015 |
|
Pt 11 Divs 1 and 2 |
deleted by 26/2014 s 141 |
29.3.2015 |
|
Pt 11 Div 3 |
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amended by 26/2014 s 142 |
29.3.2015 |
|
|
s 104 |
deleted by 26/2014 s 143 |
29.3.2015 |
|
Pt 11 Div 4 |
|
|
|
heading |
substituted by 26/2014 s 144 |
29.3.2015 |
|
ss 105—109 |
deleted by 26/2014 s 145 |
29.3.2015 |
|
amended by 26/2014 s 146 |
29.3.2015 |
|
|
s 111 |
deleted by 26/2014 s 147 |
29.3.2015 |
|
Pt 11 Div 6 |
substituted by 26/2014 s 148 |
29.3.2015 |
|
Pt 11 Div 7 |
|
|
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|
|
amended by 1/2019 s 23 |
21.2.2019 |
|
|
|
|
|
|
amended by 26/2014 s 149(1) |
29.3.2015 |
|
|
s 117(3)—(5) |
deleted by 26/2014 s 149(2) |
29.3.2015 |
|
s 120 |
deleted by 26/2014 s 150 |
29.3.2015 |
|
s 121 before deletion by 14/2019 |
|
|
|
s 121(2) |
amended by 26/2014 s 151(1) |
29.3.2015 |
|
s 121(3)—(5) |
inserted by 26/2014 s 151(2) |
29.3.2015 |
|
s 121 |
deleted by 14/2019 s 147 |
1.10.2019 |
|
s 122 |
deleted by 26/2014 s 152 |
29.3.2015 |
|
Pt 11 Div 8 |
|
|
|
substituted by 26/2014 s 153 |
29.3.2015 |
|
|
inserted by 26/2014 s 153 |
29.3.2015 |
|
|
Pt 11 Div 9 |
deleted by 26/2014 s 154 |
29.3.2015 |
|
Pt 11 Div 10 |
|
|
|
|
|
|
|
amended by 26/2014 s 155 |
29.3.2015 |
|
|
Pt 11 Div 11 |
deleted by 26/2014 s 156 |
29.3.2015 |
|
Pt 12 |
|
|
|
|
|
|
|
s 134 amended and redesignated as s 134(1) by 1/2019
s 24(1), (2) |
21.2.2019 |
|
|
inserted by 1/2019 s 24(2) |
21.2.2019 |
|
|
deleted by 84/2009 s 298 |
1.2.2010 |
|
|
|
inserted by 1/2019 s 25 |
21.2.2019 |
|
Pt 13 |
|
|
|
|
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|
|
amended by 41/2023 Sch 1 cl 33 |
1.3.2024 |
|
|
inserted by 1/2019 s 26 |
12.8.2019 |
|
|
|
amended by 41/2023 Sch 1 cl 34(1), (2) |
1.3.2024 |
|
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|
|
substituted by 1/2019 s 27 |
21.2.2019 |
|
|
s 141(3)—(5) |
inserted by 1/2019 s 27 |
21.2.2019 |
|
Sch 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.2.2010 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (SACAT) Act
2014
157—Transitional provisions
(1) In this section—
principal Act means the Residential Parks
Act 2007;
relevant day means the day on which this Part comes into
operation;
Residential Tenancies Tribunal means the Tribunal established
under the Residential Tenancies Act 1995;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the South Australian Civil and Administrative
Tribunal Act 2013.
(2) A decision (including a decision in the nature of a declaration),
direction or order of the Residential Tenancies Tribunal under the principal Act
in force immediately before the relevant day will, on and from the relevant day,
be taken to be a decision, direction or order of the Tribunal.
(3) A right to make any application or to seek a review under the
principal Act with respect to any matter in existence before the relevant day,
with the effect that the relevant proceedings would have been commenced before
the Residential Tenancies Tribunal, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced instead before the Tribunal.
(4) Any proceedings before the Residential Tenancies Tribunal under the
principal Act immediately before the relevant day will, subject to such
directions as the President of the Tribunal thinks fit, be transferred to the
Tribunal where they may proceed as if they had been commenced before the
Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Residential Tenancies Tribunal, and draw any conclusions of fact from that
evidence that appear proper; and
(b) adopt any findings or determinations of the Residential Tenancies
Tribunal that may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
declaration), direction or order in relation to proceedings before the
Residential Tenancies Tribunal before the relevant day (including so as to make
a decision or declaration, or a direction or order, in relation to proceedings
fully heard before the relevant day); and
(d) take other steps to promote or ensure the smoothest possible
transition from 1 jurisdiction to another in connection with the operation
of this section.
(6) The Tribunal may, on application under section 121 of the principal
Act made after the relevant date, vary or set aside an order of the Residential
Tenancies Tribunal made before the relevant date, provided that the application
is made to the Tribunal within 3 months of the making of the order by the
Residential Tenancies Tribunal.
(a) affects the ability to register an order of the Residential Tenancies
Tribunal made before the relevant day in an appropriate court, as provided for
by section 120 of the principal Act before its repeal by this Act; or
(b) affects a right to appeal to the Administrative and Disciplinary
Division of the District Court against a decision, direction or order of the
Residential Tenancies Tribunal made or given before the relevant day.
Residential Parks (Miscellaneous) Amendment
Act 2019, Sch 1—Transitional provisions
etc
1—Interpretation
In this Schedule—
park owner has the same meaning as in the principal
Act;
principal Act means the Residential Parks
Act 2007;
residential park agreement has the same meaning as in the
principal Act.
2—Application to existing residential park
agreements
Except as provided in this Schedule, the amendments to the principal Act
enacted by this Act apply to a residential park agreement whether the agreement
was entered into before or after the commencement of this Act.
3—Residents
committees: 12 month exemption
A park owner is exempt from the operation of section 7(1a) of the
principal Act (as in force after the commencement of section 6(1) of this
Act) for the period of 12 months after the commencement of
section 6(1) of this Act.
4—Form and content of agreements entered into
before commencement
(1) The requirements of the principal Act (as in force after the
commencement of section 10 of this Act) relating to the form and content of
a residential park agreement do not apply to a residential park agreement
entered into before the commencement of section 10 of this Act and the
requirements of the principal Act (as in force before the commencement of
section 10 of this Act) relating to the form and content of a residential
park agreement will continue to apply instead.
(2) If, after the commencement of section 12 of this Act, a
residential park agreement continues as a periodic agreement under
section 17A of the principal Act or is reissued as a fixed term agreement
under section 17B of the principal Act, the agreement as so continued or
reissued will be treated, for the purposes of this clause, as if it were an
agreement entered into after the commencement of this Act.
5—Reissue of periodic agreements under section
17B
A park owner who refuses or fails to comply with the requirements of
section 17B(6) of the principal Act (as inserted by section 12 of this
Act) during the period of 2 years after the commencement of
section 17B(6) of the principal Act does not commit an offence against
section 17B(11) in respect of that refusal or failure during that
period.
6—Periodic
agreements under section 53
The repeal of section 53 of the principal Act does not affect a
residential park agreement that continued as a periodic agreement under that
section before that repeal.
Historical versions
|
1.2.2010 |
|
|
29.3.2015 |
|
|
9.5.2015 |
|
|
3.4.2017 |
|
|
21.2.2019 |
|
|
12.8.2019 |
|
|
1.10.2019 |
|
|
1.7.2020 |
|
|
1.1.2024 |
|
|
1.3.2024 |
|