South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995 - SCHEDULE 3

Schedule 3—Transitional provisions— Residential Tenancies (Miscellaneous) Amendment Act 2023

1—Interpretation

In this Schedule—

amending Act means the Residential Tenancies (Miscellaneous) Amendment Act 2023 .

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)         paragraph (b) of section 49(1) as amended by the amending Act does not apply in relation to a residential tenancy agreement entered into before the commencement of the amendments to that paragraph; and

            (b)         subsection (1a) of section 56 and paragraph (fc) of section 56(2) as inserted by section 16 of the amending Act do not apply to an application made under section 56(1) before the commencement of section 16; and

            (c)         section 67A 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)         the amendments to section 73 by the amending Act do not apply in relation to a residential tenancy agreement entered into before the commencement of those amendments; and

            (e)         Part 5 Division 1A as inserted by the amending Act does not apply in relation to a residential tenancy agreement entered into before the commencement of that section.

3—Abandoned property

        (1)         The revised abandoned property provisions apply in respect of property (including documents) 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 sections 97B, 97C and  105W as amended by the amending Act.

4—Internal review

Section 114A as inserted by the amending Act does not apply to an application for the grant of leave under section 70(1a) of the South Australian Civil and Administrative Tribunal Act 2013 made before the commencement of section 114A.

5—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.