South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995 - SCHEDULE 1

Schedule 1—Transitional provisions— Residential Tenancies (Miscellaneous) Amendment Act 2013

1—Interpretation

In this Schedule—

amending Act means the Residential Tenancies (Miscellaneous) Amendment Act 2013 .

2—Operation of amendments

        (1)         Subject to the regulations, an amendment made by the amending Act applies to a residential tenancy agreement or rooming house agreement whether the agreement was entered into before or after the commencement of the amendment.

        (2)         However—

            (a)         subsection (3a) of section 69 as inserted by the amending Act does not apply in relation to a residential tenancy agreement entered into before the commencement of that subsection; and

            (b)         subsections (2) and (3) of section 73 as inserted by the amending Act do not apply in relation to a residential tenancy agreement entered into before the commencement of those subsections (and section 73(2) and (3) as in force immediately before the commencement of section 47 of the amending Act will continue to apply to residential tenancy agreements entered into before that commencement); and

            (c)         section 85A as inserted by the amending Act does not apply in relation to a residential tenancy agreement entered into before the commencement of that section; and

            (d)         section 105Q as inserted by the amending Act does not apply in relation to a rooming house agreement entered into before the commencement of that section.

3—Registrar and deputy registrars

Section 15(2) as inserted by the amending Act does not apply in relation to a person appointed to be the registrar or a deputy registrar before the commencement of that section.

4—Jurisdiction of Tribunal

The amendments made to section 24(2) and (5) by the amending Act—

            (a)         do not apply in respect of proceedings commenced before the commencement of the amendments (and those proceedings may continue as if the amendments had not been made); and

            (b)         apply in respect of proceedings commenced on or after the commencement of the amendments (including proceedings in respect of a claim arising before the commencement of the amendments).

5—Interest payable on repayment of bond

Section 63(11) and (12) as in force immediately before the commencement of this clause apply in relation to a bond paid to the Commissioner before that commencement as if the amendments made to that section by the amending Act had not been made.

6—Abandoned property

        (1)         The revised abandoned property provisions apply in respect of property left on premises whether the property was left on the premises before or after the commencement of those provisions.

        (2)         In this clause—

revised abandoned property provisions means Part 5 Division 7 and section 105W as inserted by the amending Act.

7—Application to existing house rules

Part 7 Division 3 as inserted by section 72 of the amending Act applies to house rules made by a rooming house proprietor and in operation immediately before the commencement of this clause.

8—Other provisions

        (1)         The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the amending Act.

        (2)         A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of the amending Act or from a later day.

        (3)         To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

            (a)         decreasing the person's rights; or

            (b)         imposing liabilities on the person.