South Australian Numbered Acts

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RESIDENTIAL PARKS ACT 2007 (NO 19 OF 2007) 


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Presumption of periodicity in case of short fixed terms
   5.      Application of Act

   PART 2--Park rules and residents committees

   6.      Park rules
   7.       Residents committees
   8.      Amendment of park rules
   9.       Application to Tribunal if park rules are considered unreasonable

   PART 3--Formation of residential park agreements

           Division 1--Entering into residential park agreements

   10.     Residential park agreement to be in writing
   11.     Copies of written agreements
   12.     Agreements incorporate park rules
   13.      Cost of preparing written agreement
   14.     Information to be provided by park owners to residents
   15.     False information from resident
   16.     Non-compliance not to affect validity or enforceability

           Division 2--Discrimination against residents with children

   17.     Discrimination against residents with children

   PART 4--Mutual rights and obligations of park owners and residents

           Division 1--Rents and other charges

   18.     Permissible consideration for residential park agreement
   19.     Rent in advance
   20.     Method of payment of rent
   21.     Variation of rent
   22.     Excessive rent
   23.     Park owner's duty to keep proper records of rent
   24.     Duty to give receipt for rent
   25.     Accrual and apportionment of rent
   26.     Abolition of distress for rent

           Division 2--Bonds

   27.     Bond
   28.     Receipt of bond and transmission to Commissioner
   29.     Repayment of bond

           Division 3--Resident's entitlement to possession and quiet enjoyment

   30.     Vacant possession etc
   31.     Quiet enjoyment

           Division 4--Residential park tenancy agreement--security of dwelling

   32.     Residential park tenancy agreement--security of dwelling

           Division 5--Access to residential park

   33.     Access to residential park

           Division 6--Park owner's obligations in relation to condition of rented property and common areas

   34.     Cleanliness
   35.     Park owner's obligation to repair

           Division 7--Resident's obligations in relation to rented property and common areas

   36.     Resident's responsibility for cleanliness and damage
   37.     Residential park tenancy agreement--alteration of rented property
   38.     Residential park site agreement--alterations on site

           Division 8--Resident's conduct on rented property

   39.     Resident's conduct

           Division 9--Park owner's right of entry

   40.     Residential park tenancy agreement--right of entry
   41.     Residential park site agreement--right of entry
   42.     Manner of exercise of right of entry

           Division 10--Statutory and other charges in respect of rented property

   43.     Statutory and other charges in respect of rented property

           Division 11--Resident's vicarious liability

   44.     Vicarious liability

           Division 12--Harsh or unconscionable terms

   45.     Harsh or unconscionable terms

           Division 13--Miscellaneous

   46.     Accelerated rent and liquidated damages
   47.     Duty of mitigation

   PART 5--Assignment of residential park agreements

   48.     Assignment of residential park agreement

   PART 6--Residential park site agreement--acquisition of park or site

   49.     Residential park site agreement--acquisition of park or site

   PART 7--Residential park site agreement--sale of dwelling on-site

   50.     Residential park site agreement--sale of dwelling on-site

   PART 8--Sub-tenancy agreements

   51.     Sub-tenancy agreements

   PART 9--Termination of residential park agreements

           Division 1--Termination generally

   52.     Termination of residential park agreement
   53.     Agreement for fixed term continues if not terminated
   54.     Termination of agreement for periodic tenancy
   55.     Limitation of right to terminate

           Division 2--Residential park tenancy agreements--termination by parties

              Subdivision 1--Termination by park owners

   56.     Termination for breach of agreement
   57.     Termination where successive breaches of agreement
   58.     Termination where serious misconduct by resident
   59.     Termination where periodic tenancy and sale of rented property
   60.     Termination where periodic tenancy and no specified ground of termination
   61.     Termination at end of fixed term
   62.     Termination where agreement frustrated

              Subdivision 2--Termination by residents

   63.     Termination for breach of agreement
   64.     Termination where successive breaches of agreement
   65.     Termination where periodic tenancy and no specified ground of termination
   66.     Termination at end of fixed term
   67.     Termination where agreement frustrated

           Division 3--Residential park site agreements--termination by parties

              Subdivision 1--Termination by park owners

   68.     Termination for breach of agreement
   69.     Termination where successive breaches of agreement
   70.     Termination where serious misconduct by resident
   71.     Termination where periodic tenancy and no specified ground of termination
   72.     Termination at end of fixed term
   73.     Termination where agreement frustrated

              Subdivision 2--Termination by residents

   74.     Termination for breach of agreement
   75.     Termination where successive breaches of agreement
   76.     Termination where periodic tenancy and no specified ground of termination
   77.     Termination at end of fixed term
   78.     Termination where agreement frustrated

           Division 4--Termination by Tribunal

   79.     Termination on application by park owner
   80.     Termination on application by resident
   81.     Termination based on hardship

           Division 5--Form of notices of termination

   82.     Form of notice of termination

           Division 6--Repossession of rented property

   83.     Order for possession
   84.     Abandonment of rented property
   85.     Repossession of rented property
   86.     Forfeiture of head tenancy not to automatically end agreement

           Division 7--Enforcement of orders for possession

   87.     Enforcement of orders for possession

           Division 8--Retaliatory action by park owner

   88.     Retaliatory action by park owner

           Division 9--Resident to give forwarding address

   89.     Resident to give forwarding address

           Division 10--Abandoned property

   90.     Abandoned property
   91.     Offence to deal with abandoned property in unauthorised way
   92.     Action to deal with abandoned property other than personal documents
   93.     Action to deal with abandoned personal documents
   94.     Action to deal with abandoned dwellings or prescribed items

   PART 10--Serious acts of violence

   95.     Park owner may give person notice to leave for serious act of violence
   96.     Exclusion from park for certain period
   97.     Park owner may make urgent application to Tribunal
   98.     Occupation of rented property pending application or hearing

   PART 11--Residential Tenancies Tribunal

           Division 1--Role of registrars and magistrates

   99.     Registrars may exercise jurisdiction in certain cases
   100.    Magistrates may exercise jurisdiction in certain cases

           Division 2--Proceedings before Tribunal

   101.    Constitution of Tribunal
   102.    Duty to act expeditiously

           Division 3--Tribunal's jurisdiction

   103.    Jurisdiction of Tribunal
   104.    Application to Tribunal

           Division 4--Mediation

   105.    Mediators
   106.    Referral of applications to mediation
   107.    Mediator to notify parties
   108.    Duties of mediators
   109.    Procedure
   110.    Representation of parties in mediation
   111.    Restriction on evidence

           Division 5--Intervention by Commissioner

   112.    Power to intervene

           Division 6--Evidentiary and procedural powers

   113.    Tribunal's powers to gather evidence
   114.    Procedural powers of Tribunal
   115.    General powers of Tribunal to cure irregularities

           Division 7--Judgments and orders

   116.    General powers of Tribunal to resolve disputes
   117.    Special powers to make orders and give relief
   118.    Restraining orders
   119.    Conditional and alternative orders
   120.    Enforcement of orders
   121.    Application to vary or set aside order
   122.    Costs

           Division 8--Obligation to give reasons for decisions

   123.    Reasons for decisions

           Division 9--Reservation of questions of law and appeals

   124.    Reservation of questions of law
   125.    Appeals

           Division 10--Representation in proceedings before Tribunal

   126.    Representation in proceedings before Tribunal

           Division 11--Miscellaneous

   127.    Entry and inspection of property
   128.    Contempt of Tribunal
   129.    Punishment of contempt
   130.    Fees
   131.    Procedural rules

   PART 12--Commissioner for Consumer Affairs and administration of Act

   132.    Administration of Act
   133.    Ministerial control of administration
   134.    Commissioner's functions
   135.    Immunity from liability
   136.    Annual report

   PART 13--Miscellaneous

   137.    Contract to avoid Act
   138.    Notice by park owner not waived by acceptance of rent
   139.    Exemptions
   140.    Service
   141.    Regulations
           SCHEDULE 1--Transitional provisions
           SCHEDULE 2--Amendment of Residential Tenancies Act 1995

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