SCHEDULE 3 - Consequential Amendments

Section 68

Auctioneers and Real Estate Agents Act 1991

1.    Section 89 is amended by omitting subsection (1) and substituting the following subsection:

(1)  Any surplus money in the Guarantee Fund above the amount agreed or determined under section 87 is to be distributed as follows:

(a) firstly, with the agreement of the Council and the Minister, in the payment of costs incurred in administering the Residential Tenancy Act 1997 ;

(b) secondly, with the agreement of the Council and the Minister, to the Council for the uses specified in subsection (2) .

Consumer Affairs Act 1988

1.    Section 3A is amended by inserting "or the Residential Tenancy Act 1997 " after "Code" .

2.    Section 16(3) is amended by omitting "or the Consumer Credit (Tasmania) Code " and substituting ", the Consumer Credit (Tasmania) Code or the Residential Tenancy Act 1997 " .

3.    Section 16(4) is amended by omitting "or the Consumer Credit (Tasmania) Code " and substituting ", the Consumer Credit (Tasmania) Code or the Residential Tenancy Act 1997 " .

Landlord and Tenant Act 1935

1.    After section 2, the following section is inserted in Part 1:

2A.     Act not apply to residential tenancy agreements

This Act does not apply to a residential tenancy agreement within the meaning of the Residential Tenancy Act 1997 to which that Act applies.

Magistrates Court (Civil Division) Act 1992

1.    After section 7, the following section is inserted:

7A.     Matters under Residential Tenancy Act 1997

The Court may –

(a) hear and determine any matter under section 41 or 45 of the Residential Tenancy Act 1997 ; and

(b) make any order specified in those sections.

Magistrates Court (Small Claims Division) Act 1989

1.    Section 3(1) is amended by omitting paragraph (a) of the definition of "small claim" and substituting the following paragraph:

(a) a claim arising out of a contract;

2.    Section 3 is amended by inserting the following subsection after subsection (2):

(3)  In respect of any matter arising out of the Residential Tenancy Act 1997 , a

small claim means –

(a) a claim arising out of a residential tenancy agreement within the meaning of that Act; and

(b) an application for an order or determination under that Act.

3.    Section 29 is amended as follows:

(a) by inserting the following subsection after subsection (3) :

(3A)  A magistrate may make –

(a) any order or determination under the Residential Tenancy Act 1997 arising out of a small claim; and

(b) any other order the magistrate considers appropriate.

(b) by inserting in subsection (7) "or (3A)" after "subsection (3)" .