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PARLIAMENT OF VICTORIA
Residential Tenancies Amendment Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--AMENDMENTS TO PARTS 1 AND 4 OF THE
PRINCIPAL ACT 3
Division 1--Amendments to Part 1--Preliminary 3
4 Purposes 3
5 Definitions 3
Division 2--Amendments to Part 1--Residential Tenancies--
Tenancy agreements 7
6 Application of Act to site agreements 7
Subdivision 4--Application to site agreements 7
23A Application of Act to assignees and transferees 7
23B Site agreements exceeding 5 years 8
23C Part 4A site used under contract of employment 8
23D Part 4A site used primarily as a residence 8
23E Part 4A site used for holidays 8
23F Prescribed Part 4A sites and prescribed site agreements 8
23G Certain provisions not to apply to site agreements 9
7 Application for exemption 9
8 Order of Tribunal 9
Division 3--Amendments to Part 4--Caravan parks and movable
dwellings--Residency rights and duties 10
9 New Division 1AA of Part 4 inserted 10
Division 1AA--Application of Part 10
143AA Application of Part to caravan parks and movable
dwellings 10
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PART 3--NEW PART 4A 11
10 New Part 4A inserted 11
PART 4A--SITE AGREEMENTS AND SITE-TENANT
OWNED DWELLINGS 11
Division 1--General requirements for site agreements 11
206B Rights of site tenants 11
206C Part 4A dwelling not a fixture 11
206D Crown land 11
206E Site agreements to be in writing 12
206F Terms of site agreement 12
206G Harsh and unconscionable terms 13
206H Minimum terms for site agreements in new parks 13
206I Site agreement consideration period 14
206J Cooling off period 14
Division 2--Bonds 15
206K What is the maximum bond? 15
206L Application to increase maximum amount of bond 16
206M Tribunal may determine maximum bond 16
206N Not more than one bond is payable in respect of
continuous occupation 16
206O Condition report 17
206P Condition report is evidence of state of repair 17
206Q Certain guarantees prohibited 18
206R Maximum amount of certain guarantees 18
Division 3--Rents and other charges 19
206S Rent, fees and charges under site agreements 19
206T Limit on rent in advance 19
206U Receipts for rent 20
206V How much notice is required of rent increase? 21
206W Site tenant may complain to Director about excessive
rent 22
206X Application to Tribunal about excessive rent 23
206Y What can the Tribunal order? 23
206Z Payment of increased rent pending Tribunal decision 25
206ZA Additional charge 25
206ZB Rent must be reduced if services are reduced 26
206ZC Site tenant's goods not to be taken for rent 26
Division 4--Other charges 26
206ZD Fee for supply of key 26
206ZE Site tenant's liability for electricity, gas and water
charges 27
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206ZF Site owner's liability for electricity, gas and water
charges 27
206ZG Reimbursement 28
206ZH Site owner must not seek overpayment for utility
charges 28
Division 5--General duties of site tenants 29
206ZI Site tenant's use of site 29
206ZJ Site tenant must not use site for illegal purpose 29
206ZK Site tenant's duty to pay rent 29
206ZL Quiet enjoyment--site tenant's duty 30
206ZM Site tenant must keep site clean 30
206ZN Site tenant must not erect structures 30
206ZO Site tenant must notify site owner of and compensate
for damage 30
206ZP Number of persons residing on Part 4A site 31
206ZQ Site tenant must observe Part 4A park rules 31
Division 6--General duties of site owners 31
206ZR Site owner must give tenant certain information 31
206ZS Part 4A site plans 32
206ZT Site owner must provide access 32
206ZU Quiet enjoyment--site owner's duty 33
206ZV Site owner must keep Part 4A park clean 33
206ZW Duty of site owner to maintain communal areas 33
206ZX Site owner to give additional information 34
Division 7--Part 4A park rules 35
206ZY Site owner may make Part 4A park rules 35
206ZZ Amendment of Part 4A park rules 36
206ZZA What if the Part 4A park rules are thought to be
unreasonable? 36
Division 8--Site tenants' committees 37
206ZZB Participation in site tenants' committee 37
206ZZC Site owner's duties to site tenants' committees 37
Division 9--Assignment and sub-letting 38
206ZZD Assignment by a site tenant 38
206ZZE Sub-letting by a site tenant 38
206ZZF Site tenant may apply to Tribunal 38
206ZZG Site owner cannot ask for fee for giving consent 39
206ZZH Sale of Part 4A dwelling 40
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Division 10--Rights of entry 40
206ZZI Entry of Part 4A site and Part 4A dwelling by site
owner 40
206ZZJ Grounds for entry of Part 4A site 41
206ZZK Manner of entry 42
206ZZL What must be in a notice of entry? 42
206ZZM Site tenant has duty to permit entry 43
206ZZN What if damage is caused during entry? 43
206ZZO What if a person exercising right of entry fails to
comply with Division? 43
206ZZP Offence relating to entering a site occupied by a site
tenant 44
PART 4--AMENDMENTS CONSEQUENTIAL ON NEW
PART 4A 45
Division 1--Amendments to Part 5--Compensation and compliance 45
11 Definitions in Part 5 45
12 Breach of duty notice 46
13 Tribunal must hear application urgently 46
14 New section 210B inserted 46
210B Application to Tribunal by site tenant or site owner for
compensation 46
15 Matters which may be considered by Tribunal 47
16 Orders of Tribunal 47
17 New section 213AA inserted 48
213AA Compensation for unpaid rent under site agreement 48
18 Application for payment of rent arrears or hiring charge arrears
from bond 48
19 Application to Tribunal for loss or damage 49
20 New section 214A inserted 49
214A Compensation for loss of rent under terminated site
agreement 49
21 What powers does a court have to award compensation? 50
Division 2--Amendments to Part 6--Termination 51
22 New Division 3A of Part 6 51
Division 3A--Termination of site agreements in Part 4A
parks 51
Subdivision 1--When can a site agreement be terminated? 51
317A Termination of site agreement 51
317B Termination by agreement 51
317C Termination by consent 51
317D Termination after notice to vacate 51
317E Termination by abandonment 52
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317F Termination if Part 4A site is sub-let 52
317G Termination if site owner not owner of site 52
317H Termination by merger 52
317I Termination by disclaimer 53
317J Termination by site tenant before occupation or use 53
317K Offences relating to interference with rights 53
Subdivision 2--Variations or creations of site agreement 55
317L Creation of periodic site agreement 55
317M Application for new site agreement because of final
family violence intervention order 56
317N Tribunal orders for application made under
section 317M 57
317O Tribunal may determine parties' liability under
terminated site agreement 58
317P Cross-examination in proceedings for a new site
agreement 59
317Q Reduction of fixed term site agreement 59
Subdivision 3--Notice of intention to vacate or
abandonment by site tenant 61
317R Notice of intention to vacate 61
317S Notice to have no effect in certain circumstances 61
317T Reduced period of notice of intention to vacate in
certain circumstances 61
317U Failure of site owner to comply with Tribunal order 63
317V Successive breaches by site owner 63
317W Order of abandonment 63
Subdivision 4--Notice by site owner or mortgagee 64
317X Damage 64
317Y Danger 64
317Z Disruption 65
317ZA Failure to comply with Tribunal order 65
317ZB Successive breaches by site tenant 65
317ZC Use of Part 4A site for illegal purpose 66
317ZD Assignment or sub-letting without consent 66
317ZE Notice by land owner 66
317ZF Notice under fixed term site agreement 67
317ZG Notice under periodic site agreement 67
317ZH Notice of no effect 67
317ZI Notice by mortgagee of Part 4A park 68
23 Form of notice of intention to vacate 69
24 Form of notice to vacate 69
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Division 3--Amendments to Part 7--Regaining possession--
possession orders and warrants 69
25 New section 324A inserted 69
324A Application for possession order by site owner 69
26 Application for possession order by mortgagee 70
27 Time for application 70
28 Applications where composite notice to vacate is given 70
29 Order of Tribunal 70
30 Order to be dismissed or adjourned in certain circumstances 71
31 Order not to be made in certain circumstances 71
32 Contents of possession order 71
33 Effect of possession order 72
34 Issue of warrant of possession 72
35 Postponement of issue of warrant in certain cases 73
36 Immediate issue of warrant if failure to comply during
postponement 73
37 Offence to re-enter rooming house, site or caravan 73
Division 4--Amendments to Part 8--Violence on certain premises 74
38 Definitions for Part 8 74
39 What happens if a notice to leave is given? 74
40 Offence to re-enter premises during suspension 75
41 Urgent application to Tribunal 75
42 What can the Tribunal order? 75
43 Offence to allow occupation of premises pending application
or hearing 76
44 Notice to leave prohibited 76
Division 5--Amendments to Part 9--Goods left behind by tenants
and residents 76
45 Goods left behind 76
46 Application of Part 9 77
47 Definitions for Part 9 77
48 What happens if personal documents are left behind? 77
49 Reclaiming personal documents before disposal 78
50 New section 388A inserted 78
388A What must a site owner or Part 4A site agreement
mortgagee do about goods left behind? 78
51 Rightful owner may reclaim stored goods before sale 78
52 What if a caravan owned by a resident is abandoned on site? 79
53 New section 390A inserted 79
390A What if a Part 4A dwelling owned by a site tenant is
abandoned on site? 79
54 Purchaser takes good title 79
55 What if proceeds of sale are not sufficient to cover costs? 79
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56 What if goods or documents are disposed of in contravention
of this Part? 79
57 What if goods or documents are wrongfully retained? 80
58 What if goods or documents are damaged or lost? 80
59 What if stored goods have been sold in accordance with this
Part? 80
60 What if personal documents are disposed of in accordance
with section 381? 80
Division 6--Amendments to Part 10--Bonds and the Residential
Tenancies Bond Authority 80
61 Definitions for Part 10 80
Division 7--Amendments to Part 11--Functions of the Tribunal 81
62 Jurisdiction of Tribunal 81
63 General applications to the Tribunal 81
64 General applications to the Tribunal 82
65 General power of Tribunal to make determinations 82
Division 8--Amendments to Parts 12 and 13--Administration and
General 83
66 Functions of Director 83
67 Offence to make false representation 83
68 Offence to persuade person not to exercise rights or take
proceedings 83
69 Offence to aid, abet, counsel or procure commission of offence 84
70 Certain penalties prohibited 84
71 Service of documents 84
72 Application to Supreme Court, County Court or Magistrates'
Court 85
73 Regulations 86
PART 5--ROOMING HOUSES AMENDMENTS 87
74 New section 102A inserted 87
102A Director may investigate rent without application by
resident 87
75 New section 131A inserted 87
131A Director may investigate rooming house without
application by resident 87
76 New Division 8 of Part 3 inserted 89
Division 8--Standards 89
142B Standards for rooming houses etc. 89
142C Regulations for rooming houses 90
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77 New Division 9 of Part 3 inserted 92
Division 9--Miscellaneous 92
142D Unregistered rooming house 92
78 Application for compensation or compliance order for breach
of duty 92
79 New section 289A inserted 93
289A Notice by owner of building 93
80 New section 399A inserted 94
399A Director may make application without consent--
former rooming house residents 94
81 Functions of Director 95
82 Application of provisions of Fair Trading Act 1999 95
PART 6--CARAVAN PARKS AND MOVABLE DWELLINGS 96
83 New section 515A inserted 96
515A Fire safety and emergency management regulations 96
84 New Division 3A of Part 14 inserted 97
Division 3A--Fire safety and emergency management
procedures 97
518A Definitions 97
518B Provision of fire fighting equipment 98
518C Space around movable dwellings and adjacent
structures 98
518D Emergency management plan and emergency
procedures 98
518E Public emergency warnings 99
518F Municipal council may issue notice 100
85 Authorised persons 101
86 Powers of entry and inspection 102
87 New section 526A inserted 102
526A Report of inspection 102
PART 7--RESIDENTIAL TENANCY DATABASES 104
88 New Part 10A inserted 104
PART 10A--RESIDENTIAL TENANCY DATABASES 104
439A Definitions 104
439B Application 106
439C Notice of usual use of database 107
439D Notice of listing if database used 108
439E Listing can be made only for particular breaches by
particular persons 109
439F Further restriction on listing 110
439G Ensuring quality of listing--landlord's obligation 111
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439H Ensuring quality of listing--database operator's
obligation 112
439I Providing copy of personal information listed 113
439J Notifying relevant non-parties of Tribunal order
about listing 114
439K Keeping personal information listed 114
439L Application to Tribunal for removal or amendment
of listing 115
439M What can the Tribunal order? 117
PART 8--MISCELLANEOUS AMENDMENTS 119
Division 1--Penalties and offences 119
89 Tenancy agreements to be in standard form 119
90 Copy of agreement to be made available to tenant 119
91 Tenants with children 119
92 What is the maximum bond? 119
93 Not more than one bond is payable in respect of continuous
occupation 119
94 Condition report 119
95 Certain guarantees prohibited 120
96 Limit on rent in advance 120
97 Rent in advance under weekly tenancy agreement 120
98 Receipts for rent 120
99 Tenant's good not to be taken for rent 120
100 Application and holding deposits 120
101 Certain charges prohibited 120
102 Landlord must not seek overpayment for utility charge 121
103 Landlord must give tenant certain information 121
104 Landlord cannot ask for fee for giving consent 121
105 Offence relating to entering rented premises 121
106 Notice to resident of residency right 121
107 Consent required for increase in room capacity 121
108 What is the maximum bond? 121
109 Condition report 122
110 Limit on rent in advance 122
111 Receipts for rent 122
112 Resident's goods not to be taken for rent 122
113 Display of statement of rights and house rules 122
114 Owner to give additional information 122
115 Duties relating to house rules 122
116 Offence relating to entering room occupied by resident 123
117 Caravan park owner to notify prospective resident of rights 123
118 Payment of bond 123
119 What is the maximum bond? 123
120 Condition report 123
121 Limit on rent or hiring charge in advance 123
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122 Receipts for rent or hiring charge 123
123 Resident's goods not to be taken for rent or hiring charges 124
124 Owner must not seek overpayment for utility charges 124
125 Statement of rights and copy of park rules 124
126 Statement of scale of certain charges, fees and commissions 124
127 Owner to give additional information 124
128 Duties relating to caravan park rules 124
129 Sale of caravan 125
130 Offence relating to entering a site or caravan occupied by a
resident 125
131 Section 229 substituted 125
229 Offence to obtain possession etc. of premises 125
132 Prohibition on letting premises after notice 126
133 Offences relating to interference with rights 126
134 Rent payable on termination without notice 126
135 Prohibition on renting after notice 127
136 Offences relating to interference with rights 127
137 Rent or hiring charge payable on termination without notice 127
138 Prohibition on hiring of caravans or renting of sites after
notice 127
139 Offence to re-enter rooming house, site or caravan 127
140 Offence to give notice to leave or purported notice to leave
without reasonable grounds 128
141 Offence to remain on premises if given notice to leave 128
142 Offence to re-enter premises during suspension 128
143 Notice to principal registrar 128
144 Offence to allow occupation of premises pending application
or hearing 128
145 Reclaiming personal documents before disposal 129
146 Rightful owner may reclaim stored goods before sale 129
147 Bond lodgement form 129
148 Duty to pay bond to Authority 129
149 Notice of assignment or transfer by landlord 129
150 Notice of assignment or transfer by tenant 129
151 Tenant must not use bond as rent 130
152 Offence to fail to comply with determination of Tribunal 130
153 Confidentiality 130
154 Offence to make false representation--tenancy agreement or
residency right 130
155 Offence to persuade person not to exercise rights or take
proceedings 131
156 Offence to aid, abet, counsel or procure commission of offence 131
157 Offence to give false information 131
158 Certain penalties prohibited 131
159 Application of provisions of Fair Trading Act 1999 132
160 Regulations 132
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161 Additional powers 132
162 Compliance notice 132
163 Closure order 132
Division 2--Miscellaneous amendments to Principal Act 132
164 Definition of GST 132
165 Urgent repairs to rented premises and applications to Tribunal 133
166 Urgent repairs to rooming house and applications to Tribunal 133
167 Urgent repairs to caravans and applications to Tribunal 133
168 Regulations 133
PART 9--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS 135
Division 1--Duties Act 2000 135
169 Powers of the Director in relation to proceedings on behalf
of consumers 135
Division 2--Fair Trading Act 1999 136
170 Powers of the Director in relation to proceedings on behalf
of consumers 136
171 Proceedings and costs 136
PART 10--REPEAL OF AMENDING ACT 137
172 Repeal of amending Act 137
ENDNOTES 138
561461B.I-11/8/2010 xi BILL LA INTRODUCTION 11/8/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Residential Tenancies Amendment Bill
2010
A Bill for an Act to amend the Residential Tenancies Act 1997 in
relation to certain occupier-owned movable dwellings, to provide for
standards in rooming houses, to provide for a national residential
tenancy database and to make other amendments to that Act, to make
consequential amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Residential Tenancies Act 1997 to provide for--
5 (a) the regulation of agreements between site
owners and site tenants in respect of Part 4A
sites and Part 4A dwellings; and
561461B.I-11/8/2010 1 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 1--Preliminary
s. 2
(b) increased regulation of rooming houses to
improve standards, including further
enforcement powers; and
(c) the regulation of residential tenancy
5 databases through the adoption of nationally
consistent provisions; and
(d) increased regulation of fire safety and
emergency response management of caravan
parks and movable dwellings; and
10 (e) increased penalties for offences under that
Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
15 (2) If this Act, except Part 7, does not come into
operation before 31 March 2012, it comes into
operation on that day.
3 Principal Act
See: In this Act the Residential Tenancies Act 1997 is
Act No.
20 109/1997 called the Principal Act.
Reprint No. 5
as at
15 January
2009
and
amending
Act Nos
19/2009,
68/2009,
1/2010 and
32/2010.
LawToday:
www.
legislation.
vic.gov.au
__________________
561461B.I-11/8/2010 2 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 4
PART 2--AMENDMENTS TO PARTS 1 AND 4 OF THE
PRINCIPAL ACT
Division 1--Amendments to Part 1--Preliminary
4 Purposes
5 In section 1 of the Principal Act--
(a) in paragraph (h) for "dwellings." substitute
"dwellings; and";
(b) after paragraph (h) insert--
"(i) to provide for the regulation of
10 agreements between site owners and
site tenants in respect of Part 4A sites
and Part 4A dwellings.".
5 Definitions
(1) In section 3(1) of the Principal Act insert the
15 following definitions--
"annexe means a movable dwelling that--
(a) is attached to a registrable movable
dwelling or unregistrable movable
dwelling; and
20 (b) extends the habitable area of that
dwelling;
fixed term site agreement means a site agreement
for a fixed term;
Part 4A dwelling means a dwelling fully or
25 partially owned by a site tenant--
(a) designed, built or manufactured to be
transported from one place to another
for use as a residence; or
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Residential Tenancies Amendment Bill 2010
Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 5
(b) any other prescribed Part 4A
dwelling--
but does not include--
(c) a registrable movable dwelling; or
5 (d) a registrable movable dwelling with an
annexe attached; or
(e) a dwelling that was previously a
registrable movable dwelling but that
has been modified to the extent that it
10 no longer satisfies the definition of a
registrable movable dwelling, unless it
was so modified before the
commencement of section 5 of the
Residential Tenancies Amendment
15 Act 2010;
Part 4A park means an area of land where--
(a) sites of land are available for
occupation under a site agreement; and
(b) Part 4A dwellings may be situated on
20 those sites; and
(c) common areas or facilities are available
for the use of a person occupying a
Part 4A site--
and includes a caravan park if the caravan
25 park contains Part 4A sites;
Part 4A site means a site that is available for
occupation under a site agreement;
periodic site agreement means a site agreement
other than a fixed term site agreement;
30 registrable movable dwelling means a movable
dwelling that is or has been registered or is
required to be registered under the Road
Safety Act 1986;
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Residential Tenancies Amendment Bill 2010
Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 5
site agreement means an agreement under which a
person lets land as a Part 4A site for the
purposes of the occupation of a Part 4A
dwelling on that land by the Part 4A
5 dwelling owner as a residence;
site agreement provisions means any provisions
of this Act to the extent to which they apply
to a Part 4A site, a Part 4A dwelling, a site
owner or a site tenant;
10 site owner means the person by whom a Part 4A
site--
(a) is let under a site agreement; or
(b) is to be let under a proposed site
agreement;
15 site tenant means the person to whom a Part 4A
site--
(a) is let under a site agreement; or
(b) is to be let under a proposed site
agreement;
20 unregistrable movable dwelling means a movable
dwelling that--
(a) is constructed on a chassis or in
prefabricated sections; and
(b) once installed, is a freestanding
25 dwelling with solid walls and roof; and
(c) is not a registrable movable dwelling.".
(2) In section 3(1) of the Principal Act, in the
definition of bond--
(a) in paragraph (b), for "residency;" substitute
30 "residency; or";
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Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 5
(b) after paragraph (b) insert--
"(c) an amount paid or payable by a site
tenant to secure his or her performance
and observance of the site agreement or
5 any of the provisions of this Act
relating to the site agreement;".
(3) In section 3(1) of the Principal Act, in the
definition of common area--
(a) for "tenants or residents" substitute "tenants,
10 residents or site tenants";
(b) for "room or site" substitute "room, site or
Part 4A site".
(4) In section 3(1) of the Principal Act, in the
definition of facilities--
15 (a) in paragraph (l), for "tenants or residents"
substitute "tenants, residents or site
tenants";
(b) for "tenant or resident" substitute "tenant,
resident or site tenant";
20 (c) for "room or site" substitute "room, site or
Part 4A site".
(5) In section 3(1) of the Principal Act, in the
definition of rent--
(a) in paragraph (c), for "services--" substitute
25 "services; or";
(b) after paragraph (c) insert--
"(d) in relation to a site agreement, the
amount paid to a site owner by a site
tenant to occupy a Part 4A site and use
30 facilities and services--".
(c) for "109A or 162" substitute "109A, 162
or 206ZE".
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Residential Tenancies Amendment Bill 2010
Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 6
(6) In section 3(1) of the Principal Act, in paragraph
(b) of the definition of resident after "person"
insert "(other than a site tenant)".
(7) In section 3(1) of the Principal Act, in the
5 definition of visitor--
(a) in paragraph (c), for "the resident."
substitute "the resident; and";
(b) after paragraph (c) insert--
"(d) a site tenant, means a person on a
10 Part 4A site or in a Part 4A dwelling or
Part 4A park with the permission of the
site tenant.".
Division 2--Amendments to Part 1--Residential
Tenancies--Tenancy agreements
15 6 Application of Act to site agreements
(1) In the heading to Division 2 of Part 1 of the
Principal Act, for "and rooming houses"
substitute ", rooming houses and site
agreements".
20 (2) After Subdivision 3 of Division 2 of Part 1 of the
Principal Act insert--
"Subdivision 4--Application to site agreements
23A Application of Act to assignees and
transferees
25 This Act applies to a person to whom the
rights and duties of--
(a) a site owner under a site agreement; or
(b) a site tenant under a site agreement--
have been assigned or transferred or have
30 passed by operation of law in the same
manner as this Act applies to the person by
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Residential Tenancies Amendment Bill 2010
Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 6
whom the rights were assigned or transferred
or from whom the rights and duties have
passed by operation of law.
23B Site agreements exceeding 5 years
5 This Act applies to a site agreement whether
or not the initial term of the site agreement
exceeds 5 years.
23C Part 4A site used under contract of
employment
10 This Act does not apply to a site agreement
created or arising under the terms of a
contract of employment or entered into in
relation to a contract of employment.
23D Part 4A site used primarily as a residence
15 This Act applies to a site agreement if the
Part 4A site the subject of the site agreement
is used primarily for residential purposes
even if a trade, profession or business is also
carried on by the site tenant on that site.
20 23E Part 4A site used for holidays
This Act does not apply to a site agreement if
the Part 4A site the subject of the site
agreement is ordinarily used for holiday
purposes.
25 23F Prescribed Part 4A sites and prescribed
site agreements
(1) This Act does not apply to a Part 4A site if
the Part 4A site is a prescribed Part 4A site
or is included in a class of prescribed Part 4A
30 site.
(2) This Act does not apply to a site agreement if
the site agreement is a prescribed site
agreement or is included in a class of
prescribed site agreement.
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Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 7
23G Certain provisions not to apply to site
agreements
(1) Parts IV and IVA of the Landlord and
Tenant Act 1958 do not apply in relation to
5 a site agreement to which this Act applies.
(2) Sections 137, 144, 145, 146 and 150 of the
Property Law Act 1958 do not apply in
relation to a site agreement to which this Act
applies.".
10 7 Application for exemption
After section 24(2) of the Principal Act insert--
"(3) A site owner or site tenant may apply to the
Tribunal for an order declaring that a
provision of this Act (other than Part 14)
15 does not apply to the site agreement.".
8 Order of Tribunal
(1) After section 25(2) of the Principal Act insert--
"(2A) On an application under section 24(3), the
Tribunal, after hearing the site owner and the
20 site tenant, may by order declare that the
provision does not apply to the site
agreement.".
(2) In section 25(3) and (4) of the Principal Act, for
"(1) or (2)" substitute "(1), (2) or (2A)".
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Part 2--Amendments to Parts 1 and 4 of the Principal Act
s. 9
Division 3--Amendments to Part 4--Caravan parks and
movable dwellings--Residency rights and duties
9 New Division 1AA of Part 4 inserted
Before the heading to Division 1 of Part 4 of the
5 Principal Act insert--
"Division 1AA--Application of Part
143AA Application of Part to caravan parks and
movable dwellings
(1) This Part applies to a person who is--
10 (a) a resident of a caravan park who has a
right to reside on a caravan park site
and a right to reside in a caravan
situated on that site; and
(b) a resident of a caravan park who has a
15 right to reside on a caravan park site
and who owns a caravan that is situated
on that site, unless that caravan is a
Part 4A dwelling; and
(c) a person who resides in a Part 4A
20 dwelling on a Part 4A site (other than
under a site agreement) and who does
not own that Part 4A dwelling in whole
or in part.
(2) This Part does not apply to site agreements.".
__________________
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Part 3--New Part 4A
s. 10
PART 3--NEW PART 4A
10 New Part 4A inserted
After Part 4 of the Principal Act insert--
"PART 4A--SITE AGREEMENTS AND SITE-
5 TENANT OWNED DWELLINGS
Division 1--General requirements for site
agreements
206B Rights of site tenants
Subject to this Act and the terms of a site
10 agreement, a site tenant has a right--
(a) to occupy and use the Part 4A site to
which the site agreement applies; and
(b) to have his or her Part 4A dwelling
situated on that Part 4A site; and
15 (c) to use the facilities and common areas
of the Part 4A park in which that
Part 4A site is located.
206C Part 4A dwelling not a fixture
Despite any Act or law to the contrary,
20 including the common law, a Part 4A
dwelling owned by a site tenant does not
form a fixture of the Part 4A site on which
the Part 4A dwelling is situated.
206D Crown land
25 A site agreement cannot be entered into in
relation to Crown land.
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206E Site agreements to be in writing
(1) A site agreement must be in writing.
(2) A site owner must not enter into a site
agreement with a site tenant that is not in
5 writing.
Penalty: 60 penalty units.
(3) A failure to comply with this section does
not--
(a) make the site agreement illegal, invalid
10 or unenforceable; or
(b) affect the application of this Act to the
site agreement.
206F Terms of site agreement
(1) A site agreement--
15 (a) must include the prescribed terms, if
any; and
(b) may include any other term that is not
inconsistent with this Act or the
prescribed terms referred to in
20 paragraph (a); and
(c) must contain any other prescribed
matters.
(2) A site agreement that does not include a
prescribed term is taken to include the
25 prescribed term.
(3) A term included in a site agreement is void
to the extent that--
(a) it is inconsistent with this Act; or
(b) it purports to exclude, restrict or modify
30 the application of, or the exercise of a
right conferred by, this Act; or
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Part 3--New Part 4A
s. 10
(c) it is inconsistent with the prescribed
terms referred to in subsection (1)(a) or
inconsistent with the matters referred to
in subsection (1)(c).
5 206G Harsh and unconscionable terms
(1) A site tenant may apply to the Tribunal for
an order--
(a) declaring a term of a site agreement
invalid; or
10 (b) varying a term of a site agreement.
(2) On an application under subsection (1), the
Tribunal, by order, may declare invalid or
vary a term of the site agreement if it is
satisfied that the term--
15 (a) is harsh or unconscionable; or
(b) is such that a court exercising its
equitable jurisdiction would grant
relief.
(3) An order under this section has effect
20 according to its terms.
206H Minimum terms for site agreements in
new parks
(1) A site owner who enters into or renews a site
agreement with a site tenant must offer a
25 fixed term site agreement for a minimum
term of 5 years if the Part 4A site that is the
subject of the site agreement is situated in a
Part 4A park that is registered as a caravan
park under Part 14 on or after the
30 commencement of section 10 of the
Residential Tenancies Amendment Act
2010.
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(2) If a site agreement to which subsection (1)
applies is entered into for a period of less
than 5 years, the site agreement is taken to be
a fixed term site agreement for a term of
5 5 years.
206I Site agreement consideration period
(1) A site owner must not give a site tenant--
(a) a proposed site agreement; or
(b) any other document which contains
10 terms that are proposed to form part of
the site agreement--
to sign unless the site owner has given the
site tenant a copy of that proposed site
agreement or other document at least 20 days
15 earlier.
Penalty: 20 penalty units.
(2) At the time a site owner gives a site tenant a
proposed site agreement or other document
in accordance with subsection (1), the site
20 owner must give the site tenant a notice in
the prescribed form of the cooling off period
and the site tenant's right to rescind the site
agreement under section 206J.
206J Cooling off period
25 (1) A site tenant may rescind a site agreement at
any time within 5 business days from the
date that the site tenant signs the site
agreement by providing written notice to the
site owner to that effect.
30 (2) A notice under subsection (1) must be--
(a) given to the site owner or an agent of
the site owner; or
(b) left at the address for service of the site
owner specified in the site agreement.
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(3) If a site tenant rescinds a site agreement in
accordance with this section, the site tenant
is entitled to a refund of all moneys paid by
the site tenant under the site agreement less
5 the sum of $100 or the prescribed amount
(whichever is greater) to which the site
owner is entitled.
Division 2--Bonds
206K What is the maximum bond?
10 (1) Subject to this Act, a person must not
demand or accept in relation to a site
agreement a bond the total of which
exceeds--
(a) the amount of rent payable under the
15 site agreement for one month, unless an
order is in force under section 206M; or
(b) the maximum amount of the bond
determined under an order in force
under section 206M.
20 Penalty: 20 penalty units.
(2) Subsection (1) does not apply to a site
agreement if the amount of rent payable
under a site agreement for one week
exceeds--
25 (a) $350; or
(b) if a greater amount is prescribed for the
purposes of this section, that greater
amount.
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206L Application to increase maximum amount
of bond
A site owner who wishes to demand a bond
in relation to a site agreement or proposed
5 site agreement which exceeds the limit set
under section 206K may apply to the
Tribunal for an order determining the
maximum amount of the bond.
206M Tribunal may determine maximum bond
10 On an application under section 206L, the
Tribunal may make an order determining the
maximum amount of bond payable if it
considers that it is reasonable to increase the
bond having regard to the character and
15 condition of the Part 4A site.
206N Not more than one bond is payable in
respect of continuous occupation
A person must not demand or accept a bond
for a subsequent site agreement under which
20 a site tenant continues in occupation of a
Part 4A site if that site tenant--
(a) has paid a bond for the initial site
agreement under which the amount of
rent payable for one week does not
25 exceed--
(i) $350; or
(ii) if a greater amount is prescribed
for the purposes of section 206K,
that greater amount; and
30 (b) continues in occupation of the Part 4A
site under the subsequent site
agreement.
Penalty: 20 penalty units.
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206O Condition report
(1) If a site tenant pays a bond, the site owner
must, before the site tenant enters into
occupation of the Part 4A site, give the site
5 tenant 2 copies of a condition report signed
by or on behalf of the site owner specifying
the state of repair and general condition of
the Part 4A site on the day specified in the
report.
10 Penalty: 10 penalty units.
(2) Within 3 business days after entering into
occupation of the Part 4A site, the site tenant
must return one copy of the condition report
to the site owner--
15 (a) signed by or on behalf of the site
tenant; or
(b) with an endorsement so signed to the
effect that the site tenant agrees or
disagrees with the whole or any
20 specified part of the report.
206P Condition report is evidence of state of
repair
(1) A statement in a condition report under
section 206O is conclusive evidence, for the
25 purposes of this Act, of the state of repair or
general condition of the Part 4A site on the
day specified in the report if the condition
report is signed by or on behalf of the site
owner and the site tenant.
30 (2) Subsection (1) does not apply to--
(a) a state of repair or general condition
that could not reasonably have been
discovered on a reasonable inspection
of the Part 4A site; or
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Part 3--New Part 4A
s. 10
(b) a statement with which the site tenant
disagrees under an endorsement on the
report.
206Q Certain guarantees prohibited
5 (1) A person must not demand or require a site
tenant to obtain a guarantee for the
performance of any of the site tenant's duties
in relation to the site agreement if the site
tenant has paid or is required to pay a bond
10 under a site agreement.
Penalty: 20 penalty units.
(2) This section does not apply to a site
agreement referred to in section 206K(2).
(3) A guarantee obtained in contravention of this
15 section is invalid and unenforceable.
206R Maximum amount of certain guarantees
(1) If a site tenant--
(a) has not paid a bond or has not been
required to pay a bond; and
20 (b) has obtained a guarantee in relation to a
site agreement--
the guarantee is unenforceable against the
guarantor to the extent to which the amount
guaranteed exceeds the amount of rent
25 payable under the site agreement for one
month.
(2) This section does not apply to a site
agreement referred to in section 206K(2).
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Part 3--New Part 4A
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Division 3--Rents and other charges
206S Rent, fees and charges under site
agreements
(1) A site agreement must include details of--
5 (a) the rent, fees and other charges payable
under the site agreement; and
(b) the amount of the rent, fees and other
charges payable under the site
agreement; and
10 (c) the purposes for which the rent, fees
and other charges are charged under the
site agreement; and
(d) the basis on which the rent, fees and
other charges are calculated and
15 adjusted under the site agreement; and
(e) the circumstances in which the rent,
fees and other charges may be
reviewed; and
(f) the commission (if any) that may be
20 charged by the site owner for the sale of
the site tenant's Part 4A dwelling.
(2) A site owner must not require payment of
any amount under the site agreement if the
amount has not been disclosed in the site
25 agreement in accordance with this section.
206T Limit on rent in advance
A site owner must not require a site tenant to
pay rent more than one month in advance.
Penalty: 20 penalty units.
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Part 3--New Part 4A
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206U Receipts for rent
(1) A person who receives a payment of rent
from a site tenant must give a written receipt
in accordance with this section to the person
5 making the payment--
(a) immediately, if the payment is made in
person; or
(b) if the payment is not made in person
and a receipt is requested at the time of
10 making the payment, within 5 business
days of receiving the payment.
Penalty: 10 penalty units.
(2) If a person receives a payment of rent from a
site tenant and a written receipt is not
15 required to be given under subsection (1), the
person must keep a record of the payment of
rent until the earlier of--
(a) the end of 12 months after receiving the
payment; or
20 (b) if the site tenant requests a copy of the
record before the end of 12 months
after making the payment, the provision
of a copy of the record to the site
tenant.
25 Penalty: 10 penalty units.
(3) If a site tenant requests a copy of a record
under subsection (2)(b) before the end of
12 months after making the payment of rent,
a person who keeps a record under
30 subsection (2) must provide a copy of that
record to the site tenant within 5 business
days after receiving the request.
Penalty: 10 penalty units.
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(4) For the purposes of subsection (2), a record
must contain information which enables the
details specified in subsection (5) to be
identified.
5 (5) A receipt under this section must be signed
by the person who receives the payment and
must state--
(a) the name of the site tenant and the
Part 4A park; and
10 (b) the date of receipt; and
(c) the period for which payment is made;
and
(d) the amount paid; and
(e) the fact that the payment is for rent.
15 (6) The regulations may provide that a
prescribed person is exempt from subsection
(1), (2) or (5) subject to the conditions, if
any, specified in the regulations.
206V How much notice is required of rent
20 increase?
(1) A site owner must give a site tenant at least
60 days notice in the prescribed form of a
proposed rent increase under--
(a) a site agreement; or
25 (b) a proposed site agreement that is to
replace an existing site agreement.
(2) A notice of a proposed rent increase under
subsection (1) may only provide for one rent
increase.
30 (3) The notice of a proposed rent increase must
include a statement informing the site tenant
of the site tenant's right under section 206W
to apply within 30 days after the notice is
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given to the Director to investigate and
report on the proposed rent.
(4) A site owner must not increase the rent
payable by a site tenant at intervals of less
5 than 6 months.
(5) A rent increase in contravention of this
section is invalid despite anything to the
contrary in the site agreement.
206W Site tenant may complain to Director
10 about excessive rent
(1) A site tenant may apply to the Director to
investigate and report if the site tenant has
received a notice of a rent increase and the
site tenant considers that the proposed rent is
15 excessive.
(2) An application under subsection (1) must be
made in writing within 30 days after the
notice of the rent increase is given.
(3) As soon as practicable after receiving an
20 application, the Director must--
(a) carry out an investigation; and
(b) give a written report to the site tenant
and a copy of the report to the site
owner.
25 (4) The report of the Director must--
(a) include a statement informing the site
tenant of the site tenant's right under
section 206X to apply to the Tribunal
for an order in respect of the proposed
30 rent; and
(b) take into account the matters referred to
in section 206Y(3).
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206X Application to Tribunal about excessive
rent
(1) After receiving a report from the Director
under section 206W, the site tenant may
5 apply to the Tribunal for an order declaring
the proposed rent excessive.
(2) An application under subsection (1) must be
made within 30 days after the site tenant
receives the Director's report.
10 206Y What can the Tribunal order?
(1) If an application is made under
section 206X, the Tribunal may--
(a) make an order--
(i) declaring the proposed rent
15 excessive; and
(ii) directing that for the period
specified in the order the rent must
not exceed the amount specified in
the order; or
20 (b) dismiss the application.
(2) The Tribunal must have regard to the
Director's report obtained under
section 206W in determining the application.
(3) The Tribunal must make an order declaring
25 the proposed rent excessive if it is satisfied
that the proposed rent is more than that
which should reasonably be paid by a site
tenant having regard to--
(a) the rent payable for a similar Part 4A
30 site in the Part 4A park;
(b) the rent payable for a similar Part 4A
site in a similar Part 4A park in a
similar location;
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(c) the state of repair and general condition
of the Part 4A site and the Part 4A
park;
(d) any variation in the cost of providing
5 facilities or services that the site owner
provides;
(e) any changes in the rent and the
condition of the Part 4A site or
facilities in the Part 4A park since the
10 site tenant first occupied the Part 4A
site and since the last rent increase;
(f) the number of rent increases (if any) in
the preceding 24 months, the amount of
each rent increase in that period and the
15 timing of those increases;
(g) any improvements made to the Part 4A
site which should not result in an
increase because they were made by the
site tenant;
20 (h) the terms of the existing or proposed
site agreement (if any).
(4) If the Tribunal makes an order under
subsection (1)(a), a site owner cannot require
a site tenant to pay an amount of rent greater
25 than that specified in the order for a period of
6 months after the day on which the order
comes into operation.
(5) The amount specified in the order must not
be less than the amount payable by the site
30 tenant immediately before the notice was
given under section 206V.
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206Z Payment of increased rent pending
Tribunal decision
(1) Pending the Tribunal's decision under
section 206Y, the site tenant must pay, from
5 the time the proposed increase is to apply,
the lesser of--
(a) the increased rent specified in the
notice under section 206V; or
(b) 110% of the rent immediately before
10 the notice was given.
(2) If the Tribunal makes an order under
section 206Y, it may also order that any
excess rent paid by the site tenant from the
time the increase took effect until the date of
15 the order be refunded by the site owner.
(3) The order may specify the procedure for the
refund to the site tenant.
206ZA Additional charge
(1) A site owner may charge a site tenant a
20 reasonable additional charge for any visitor
who stays on the Part 4A site that is occupied
by the site tenant.
(2) A site tenant may apply to the Tribunal for
an order that the additional charge imposed
25 is unreasonable.
(3) If, after hearing the site tenant and the site
owner, the Tribunal determines that the
amount of the additional charge is
unreasonable, it may determine the amount
30 of additional charge to be paid by the site
tenant and make an order accordingly.
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206ZB Rent must be reduced if services are
reduced
(1) Despite anything to the contrary in the site
agreement, if a site owner ceases providing
5 services to a site tenant, the site owner must
reduce the rent by--
(a) the amount agreed between them; or
(b) an amount determined by the Tribunal
in the absence of any agreement on an
10 application by either party.
(2) If the Tribunal determines an amount under
subsection (1)(b), it may also order that--
(a) the reduction in rent is to take effect
from the time the site owner ceased to
15 provide services to the site tenant; and
(b) the site owner is to refund to the site
tenant any excess rent paid by the site
tenant from the time the site owner
ceased to provide services until the date
20 of the order.
206ZC Site tenant's goods not to be taken for rent
A person must not take or dispose of the
goods or Part 4A dwelling of a site tenant on
account of rent owing by the site tenant.
25 Penalty: 20 penalty units.
Division 4--Other charges
206ZD Fee for supply of key
A site owner may charge a reasonable initial
fee for the supply of a key or device enabling
30 a site tenant to gain vehicular access to the
Part 4A park.
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206ZE Site tenant's liability for electricity, gas
and water charges
(1) A site tenant is liable for all charges made
for the supply or use of electricity, gas,
5 water, drainage and sewerage to a Part 4A
site while the site tenant occupies the
Part 4A site, if those services are separately
metered.
(2) A site tenant is liable for all charges in
10 respect of the supply or use of bottled gas at
a Part 4A site while the site tenant occupies
the Part 4A site.
206ZF Site owner's liability for electricity, gas
and water charges
15 A site owner is liable for--
(a) the installation costs and charges in
respect of the initial connection to a
Part 4A site of any electricity, water or
gas (including bottled gas) supply
20 service;
(b) the cost of all services to a Part 4A site
if those services are not separately
metered;
(c) all charges arising from a water supply
25 service to a separately metered Part 4A
site that are not based on the amount of
water supplied or used;
(d) all charges related to the supply or use
of sewerage and drainage services to or
30 at a separately metered Part 4A site that
are not based on the extent of use of the
services.
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206ZG Reimbursement
(1) If a site owner pays for anything for which a
site tenant is liable under section 206ZE, the
site tenant must reimburse the site owner
5 within 28 days after receiving a written
request for reimbursement attached to a copy
of the account and the receipt or other
evidence of payment.
(2) If a site tenant pays for anything for which
10 the site owner is liable under section 206ZF,
the site owner must reimburse the site tenant
within 28 days after receiving a written
request for reimbursement attached to a copy
of the account and the receipt or other
15 evidence of payment.
(3) Subsection (1) does not apply if the site
owner directly bills the site tenant under a
re-sale agreement with a supply authority.
206ZH Site owner must not seek overpayment for
20 utility charges
(1) A site owner must not seek payment or
reimbursement for a cost or charge under
section 206ZG that is more than the amount
that the relevant supplier of the utility would
25 have charged the site tenant.
Penalty: 20 penalty units.
(2) If the relevant supplier of the utility has
issued an account to the site owner, a site
owner cannot recover from the site tenant an
30 amount which includes any amount that
could have been claimed as a concession or
rebate by or on behalf of the site tenant from
the relevant supplier of the utility.
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(3) Subsection (2) does not apply if the
concession or rebate--
(a) must be claimed by the site tenant and
the site owner has given the site tenant
5 the opportunity to claim it and the site
tenant does not do so by the payment
date set by the relevant supplier of the
utility; or
(b) is paid directly to the site tenant as a
10 refund.
Division 5--General duties of site tenants
206ZI Site tenant's use of site
(1) A site tenant must use the Part 4A site for
residential purposes only and in accordance
15 with the site agreement.
(2) A site tenant must--
(a) use the Part 4A site, Part 4A park and
facilities properly; and
(b) ensure that his or her visitors (if any) do
20 the same.
206ZJ Site tenant must not use site for illegal
purpose
A site tenant must not use the Part 4A site or
permit its use for any purpose that is illegal
25 at common law or under an Act.
206ZK Site tenant's duty to pay rent
A site tenant must pay the rent, fees and
other charges agreed with the site owner on
the due dates and in the agreed manner.
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206ZL Quiet enjoyment--site tenant's duty
A site tenant must not do anything in or near
the Part 4A dwelling, Part 4A site or Part 4A
park or allow his or her visitors to the
5 Part 4A site or Part 4A park to do anything
which interferes with--
(a) the privacy and peace and quiet of other
occupants of the Part 4A park; or
(b) the proper use and enjoyment of the
10 Part 4A park by other occupants of the
Part 4A park.
206ZM Site tenant must keep site clean
(1) A site tenant must keep the Part 4A site clean
and tidy.
15 (2) A site tenant must maintain the Part 4A site
and his or her Part 4A dwelling in a manner
and condition that do not detract from the
general standard of the Part 4A park as set by
the site owner from time to time.
20 206ZN Site tenant must not erect structures
A site tenant must not erect any structure
other than a Part 4A dwelling on the Part 4A
site or in the Part 4A park without the prior
written consent of the site owner.
25 206ZO Site tenant must notify site owner of and
compensate for damage
(1) If any damage other than fair wear and tear is
caused to a Part 4A site or any facility in the
Part 4A park by the site tenant or his or her
30 visitors, the site tenant must--
(a) repair the damage; or
(b) notify the site owner of the damage and
pay compensation for the damage to the
site owner.
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(2) A site tenant must report to the site owner
any damage to or breakdown of communal
facilities of which the site tenant has
knowledge.
5 206ZP Number of persons residing on Part 4A
site
A site tenant must not allow more than the
number of persons agreed with the site
owner to reside on the Part 4A site.
10 206ZQ Site tenant must observe Part 4A park
rules
A site tenant must observe all Part 4A park
rules made from time to time in accordance
with this Act.
15 Division 6--General duties of site owners
206ZR Site owner must give tenant certain
information
(1) Before entering into a site agreement, the site
owner must give the site tenant a written
20 statement in a form approved by the Director
setting out in summary form the rights and
duties of a site owner and site tenant under
this Act.
Penalty: 20 penalty units.
25 (2) Before entering into a site agreement, the site
owner must give the site tenant a written
statement of any other prescribed matters.
Penalty: 20 penalty units.
(3) If a site owner--
30 (a) supplies false information to the site
tenant in the statements required to be
given by this section; or
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(b) fails to supply all the information
required to be supplied in the
statements required to be given by this
section--
5 the site tenant may rescind the site agreement
that has been entered into on the basis of that
information within 28 days of the date that
the site agreement is entered into.
(4) If--
10 (a) a notice of intention to acquire land has
been served under section 6 of the
Land Acquisition and Compensation
Act 1986; and
(b) the land is subject to a site agreement--
15 the site tenant may rescind the site agreement
at any time within 28 days from the date that
the site agreement is entered into.
206ZS Part 4A site plans
(1) Before entering into a site agreement, the site
20 owner must give the site tenant a plan of the
Part 4A park that identifies the Part 4A site
on which the site tenant's Part 4A dwelling is
or is to be situated.
Penalty: 20 penalty units.
25 (2) A site tenant may apply to the Tribunal for
an order that the site owner give the site
tenant a plan described in subsection (1).
206ZT Site owner must provide access
A site owner must--
30 (a) provide 24 hours vehicular access for
all site tenants to all Part 4A sites; and
(b) provide 24 hour access for all site
tenants to the Part 4A park; and
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(c) provide access during all reasonable
hours for site tenants to the recreational
areas and laundry and communal
facilities that the site tenant is entitled
5 to access under the terms of a site
agreement.
206ZU Quiet enjoyment--site owner's duty
(1) A site owner must not unreasonably restrict
or interfere with the privacy, peace and quiet
10 or proper use and enjoyment of a Part 4A
dwelling, Part 4A site and communal
facilities by a site tenant.
(2) A site owner must not unreasonably restrict
or interfere with a site tenant's occupation of
15 a Part 4A dwelling.
206ZV Site owner must keep Part 4A park clean
(1) A site owner must keep common areas,
facilities, gardens, roadways, paths and
recreation areas in the Part 4A park clean
20 and in a safe condition.
(2) A site owner must arrange for the collection
of garbage of site tenants and other garbage
from the Part 4A park.
206ZW Duty of site owner to maintain communal
25 areas
(1) A site owner must maintain, repair and keep
clean and tidy all communal bathrooms,
toilets, laundries and other communal
facilities in the Part 4A park.
30 (2) When repairing or renovating communal
facilities, a site owner must--
(a) minimise inconvenience and disruption
to site tenants; and
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(b) if necessary, provide temporary
substitute facilities.
206ZX Site owner to give additional information
(1) If there is no agent acting for the site owner,
5 a site owner must, on or before the required
day, give the site tenant--
(a) written notice of the site owner's full
name and address for the service of
documents; and
10 (b) an emergency telephone number to be
used in the case of the need for urgent
repairs.
Penalty: 10 penalty units.
(2) If there is an agent acting for the site owner,
15 a site owner must, on or before the required
day, give the site tenant--
(a) written notice of the agent's full name
and address for service of documents
and the agent's telephone number; and
20 (b) a written statement setting out--
(i) whether or not the agent can
authorise urgent repairs; and
(ii) if the agent can authorise urgent
repairs, the maximum amount for
25 repairs which the agent can
authorise; and
(iii) the agent's telephone number for
urgent repairs.
Penalty: 10 penalty units.
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(3) A site owner must give a site tenant notice in
writing of any change in the information set
out in subsection (1) or (2) before the end of
7 days after the change.
5 Penalty: 10 penalty units.
(4) In this section required day means a day
7 days after a person becomes a site tenant.
Division 7--Part 4A park rules
206ZY Site owner may make Part 4A park rules
10 (1) A site owner may from time to time make
rules relating to the use, enjoyment, control
and management of the Part 4A park.
(2) Without limiting subsection (1), Part 4A
park rules may be made in relation to--
15 (a) the making and abatement of noise;
(b) motor vehicle speed limits within the
Part 4A park;
(c) the parking of motor vehicles;
(d) the disposal of refuse;
20 (e) the keeping of pets;
(f) the playing of games and other sports
activities;
(g) the use and operation of communal
facilities.
25 (3) A site owner must--
(a) provide a copy of the Park 4A park
rules to a site tenant before entering
into a site agreement with the site
tenant; and
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(b) take all reasonable steps to ensure that
the Part 4A park rules are observed by
all site tenants; and
(c) ensure that the Part 4A park rules are
5 reasonable and are enforced and
interpreted consistently and fairly.
206ZZ Amendment of Part 4A park rules
(1) A site owner must give a site tenant at least
7 days written notice of any proposed change
10 in the Part 4A park rules.
Penalty: 20 penalty units.
(2) A site owner must consult with the site
tenants in the Part 4A park in respect of a
proposed change to the Part 4A park rules.
15 Penalty: 20 penalty units.
(3) A site owner is taken to have consulted with
the site tenants in accordance with this
section if the site owner has--
(a) provided details of the proposed
20 amendment to the Part 4A park rules in
writing to the site tenants; and
(b) allowed at least 14 days for the site
tenants to respond in writing; and
(c) considered and responded in writing to
25 any written responses received from the
site tenants.
206ZZA What if the Part 4A park rules are
thought to be unreasonable?
(1) A site tenant may apply to the Tribunal for
30 an order declaring a Part 4A park rule to be
unreasonable.
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(2) If the Tribunal considers that a Part 4A park
rule is unreasonable, it may declare the rule
invalid.
(3) In making a declaration under subsection (3)
5 the Tribunal must have regard to--
(a) the location of the Part 4A park; and
(b) the number and characteristics of the
site tenants and other residents of the
Part 4A park; and
10 (c) the internal layout of the Part 4A park;
and
(d) the amenities, improvements, facilities
and other physical features of the
Part 4A park; and
15 (e) the levels of rent and other charges paid
by the site tenants; and
(f) any other prescribed matters.
Division 8--Site tenants' committees
206ZZB Participation in site tenants' committee
20 A site tenant is entitled to participate in any
site tenants' committee formed in respect of a
Part 4A park of which he or she is a site
tenant.
206ZZC Site owner's duties to site tenants'
25 committees
(1) A site owner must not unreasonably interfere
with a site tenant's right to participate in a
site tenants' committee.
Penalty: 20 penalty units.
30 (2) A site owner must allow the site tenants to
use suitable communal park facilities for
meetings of a site tenants' committee.
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Division 9--Assignment and sub-letting
206ZZD Assignment by a site tenant
(1) A site tenant must not assign a site
agreement without the site owner's written
5 consent.
(2) A site owner must not unreasonably
withhold consent to the assignment of a site
agreement.
(3) An assignment of a site agreement without
10 the site owner's consent is invalid unless the
Tribunal has determined that consent is not
required.
206ZZE Sub-letting by a site tenant
(1) A site tenant must not sub-let the whole or
15 any part of a Part 4A site to which a site
agreement applies without the site owner's
written consent.
(2) A site owner must not unreasonably
withhold consent to the sub-letting of the
20 whole or a part of the Part 4A site.
(3) A sub-letting of the whole or a part of the
Part 4A site without the site owner's consent
is invalid unless the Tribunal has determined
that consent is not required.
25 206ZZF Site tenant may apply to Tribunal
(1) A site tenant may apply to the Tribunal for a
determination that the consent of the site
owner to the assignment of a site agreement
or the sub-letting of the whole or any part of
30 a Part 4A site is not required if--
(a) the site owner withholds consent; and
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(b) the site tenant believes that the
withholding of the consent is
unreasonable.
(2) The Tribunal may order that consent is not
5 required.
206ZZG Site owner cannot ask for fee for giving
consent
(1) A site owner must not demand or receive a
fee or payment for giving consent to the
10 assignment of a site agreement or the sub-
letting of the whole or any part of a Part 4A
site.
Penalty: 20 penalty units.
(2) A site owner must not refuse to consent to an
15 assignment of a site agreement or the sub-
letting of the whole or any part of a Part 4A
site on the ground that the site tenant has
refused to pay a fee or amount for the
consent.
20 Penalty: 20 penalty units.
(3) If the site tenant has paid the site owner a fee
or amount for the consent to an assignment
or sub-letting, the site tenant may apply to
the Tribunal for an order that the site owner
25 refund to the site tenant the amount of the
payment.
(4) This section does not prevent a site owner
from requiring the site tenant to bear any
fees, costs or charges incurred by the site
30 owner in connection with the preparation of
a written assignment of a site agreement.
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206ZZH Sale of Part 4A dwelling
(1) A site owner may enter into an agreement
with a site tenant or former site tenant to sell
a Part 4A dwelling on behalf of the site
5 tenant or former site tenant.
(2) A site owner must not require a site tenant to
enter into an agreement under subsection (1).
Penalty: 40 penalty units.
(3) A site owner who enters into an agreement to
10 sell a Part 4A dwelling on behalf of a site
tenant or former site tenant must not charge a
commission for the sale unless the scale or
amount of commission has been disclosed in
accordance with section 206S.
15 Penalty: 10 penalty units.
(4) A site owner must not by act or omission
obstruct or hinder the sale of a Part 4A
dwelling by a site tenant.
Penalty: 60 penalty units in the case of a
20 natural person;
300 penalty units in the case of a
body corporate.
Division 10--Rights of entry
206ZZI Entry of Part 4A site and Part 4A
25 dwelling by site owner
(1) A site owner or a person appointed in writing
as the site owner's agent for the purposes of
this section has a right to enter a Part 4A site
occupied by a site tenant--
30 (a) if the site tenant agrees at the time entry
is sought; or
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Part 3--New Part 4A
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(b) if there is an emergency and immediate
entry is necessary to save life or
valuable property; or
(c) if the Tribunal has made an
5 abandonment order under
section 317W; or
(d) for a purpose set out in section 206ZZJ,
at any time between 8 a.m. and 6 p.m.
on any day (except a public holiday) if
10 at least 24 hours notice has been given
to the site tenant in accordance with
section 206ZZL.
(2) A site owner or a person appointed in writing
as the site owner's agent for the purposes of
15 this section has a right to enter a Part 4A
dwelling occupied by a site tenant--
(a) if the site tenant agrees at the time entry
is sought; or
(b) if there is an emergency and immediate
20 entry is necessary to save life or
valuable property; or
(c) if the Tribunal has made an
abandonment order under
section 317W.
25 206ZZJ Grounds for entry of Part 4A site
A right of entry in respect of a Part 4A site
may be exercised if--
(a) before giving notice of entry, a notice
to vacate or a notice of intention to
30 vacate the Part 4A site has been given
and entry is required to show the
Part 4A site to a prospective site tenant;
or
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(b) the Part 4A site is to be sold or used as
security for a loan and entry is required
to show the Part 4A site to a
prospective buyer or lender; or
5 (c) entry is required to enable the site
owner to carry out a duty under this Act
or any other Act; or
(d) the site owner or the site owner's agent
has reasonable grounds to believe that
10 the site tenant has failed to comply with
his or her duties under this Act; or
(e) entry is required to enable inspection of
the Part 4A site and entry for that
purpose has not been made within the
15 last 6 months.
206ZZK Manner of entry
A person exercising a right of entry under
this Division--
(a) must do so in a reasonable manner; and
20 (b) must not stay on the Part 4A site or in
the Part 4A dwelling longer than is
necessary to achieve the purpose of the
entry without the site tenant's consent.
206ZZL What must be in a notice of entry?
25 A notice under this Division requiring entry
must--
(a) be in writing; and
(b) state why the site owner or the site
owner's agent wishes to enter; and
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(c) be given--
(i) by post; or
(ii) by delivering it personally to the
site tenant between the hours of
5 8 a.m. and 6 p.m.
206ZZM Site tenant has duty to permit entry
A site tenant has a duty to permit a person
exercising a right of entry in accordance with
this Division to enter the Part 4A site or
10 Part 4A dwelling (as the case requires).
206ZZN What if damage is caused during entry?
(1) A site tenant may apply to the Tribunal for
an order for compensation if the site owner
or the site owner's agent causes damage to
15 the site tenant's goods on the Part 4A site,
including the Part 4A dwelling, when
exercising a right of entry under this
Division.
(2) If an application is made under
20 subsection (1), the Tribunal--
(a) may make an order for payment of any
compensation that it thinks fit if it is
satisfied that damage was caused to the
site tenant's goods on the Part 4A site;
25 or
(b) may refuse to make an order.
206ZZO What if a person exercising right of entry
fails to comply with Division?
(1) If the site owner or the site owner's agent has
30 exercised a right of entry and in doing so
fails to comply with this Division, the site
tenant may apply to the Tribunal for an order
restraining the site owner or the site owner's
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agent from exercising a right of entry under
this Division for a specified period.
(2) If an application is made under
subsection (1), the Tribunal--
5 (a) may make an order prohibiting the site
owner or the site owner's agent from
exercising a right of entry under this
Division (except for a purpose set out
in section 206ZZJ(c) or (d)) during the
10 period specified in the order if it is
satisfied that it is reasonable to do so;
or
(b) may refuse to make an order.
206ZZP Offence relating to entering a site
15 occupied by a site tenant
A site owner or a site owner's agent must
not, without reasonable excuse, enter a
Part 4A site or a Part 4A dwelling occupied
by a site tenant otherwise than in accordance
20 with this Division.
Penalty: 10 penalty units.
__________________".
__________________
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Part 4--Amendments Consequential on New Part 4A
s. 11
PART 4--AMENDMENTS CONSEQUENTIAL ON NEW
PART 4A
Division 1--Amendments to Part 5--Compensation and
compliance
5 11 Definitions in Part 5
(1) In section 207 of the Principal Act, in the
definition of duty provision--
(a) in paragraph (c)(ii), for "168;" substitute
"168; or";
10 (b) after paragraph (c) insert--
"(d) in relation to a Part 4A park--
(i) section 206ZZM; or
(ii) any provision of Division 5 or
Division 6 of Part 4A;".
15 (2) In section 207 of the Principal Act, in the
definition of required time--
(a) in paragraph (c)(ii) for "days." substitute
"days; or";
(b) after paragraph (c) insert--
20 "(d) in relation to a Part 4A site--
(i) for a duty under section 206ZZM
in relation to a right of entry
for a purpose set out in section
206ZZJ(a), (c) or (e), 14 days; or
25 (ia) for a duty under section 206ZZM
in relation to a right of entry for a
purpose set out in section
206ZZJ(b) or (d), 3 days; or
(ii) for a duty under Division 5 or
30 Division 6 of Part 4A, 14 days.".
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12 Breach of duty notice
In section 208(2)(e) of the Principal Act--
(a) in subparagraph (ii) after "240" insert
"or 317V (as the case requires)";
5 (b) in subparagraph (iii) for "283 or 308"
substitute "283, 308 or 317ZB".
13 Tribunal must hear application urgently
In section 209A of the Principal Act--
(a) in paragraph (c) for "201(b)." substitute
10 "201(b); or";
(b) after paragraph (c) insert--
"(d) a breach of section 206ZZM in relation
to a right of entry for a purpose set out
in section 206ZZJ(b).".
15 14 New section 210B inserted
After section 210A of the Principal Act insert--
"210B Application to Tribunal by site tenant or
site owner for compensation
(1) A party to a site agreement may apply to the
20 Tribunal for an order for payment to the
applicant by the other party to the site
agreement of compensation for loss or
damage suffered by the applicant because--
(a) the other party failed to comply with
25 the site agreement or that party's duties
under this Act relating to the site
agreement; or
(b) the applicant has paid to the other party
more than the applicant is required to
30 pay in accordance with this Act or the
site agreement.
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(2) This section does not apply to a duty under a
duty provision or section 206ZR.".
15 Matters which may be considered by Tribunal
In section 211 of the Principal Act--
5 (a) for "210 or 210A" substitute "210, 210A or
210B";
(b) in paragraph (a), after "tenancy agreement"
insert "or site agreement";
(c) after paragraph (b) insert--
10 "(ba) in the case of a site agreement--
(i) the remaining term of the site
agreement;
(ii) the costs of finding an alternative
Part 4A site or entering into a new
15 site agreement;
(iii) the costs for the relocation of the
Part 4A dwelling, including the
costs of disassembly, transport
and reassembly of the Part 4A
20 dwelling;
(iv) the costs of disposing of the
Part 4A dwelling;
(v) any other prescribed matters;
and".
25 16 Orders of Tribunal
In section 212 of the Principal Act--
(a) in subsection (2), after "210" insert
"or 210B";
(b) in subsection (3), for "rules or caravan park
30 rules" substitute "rules, caravan park rules
or Part 4A park rules";
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(c) in subsection (4), for "room or site"
substitute "room, site or Part 4A site";
(d) in subsections (4) and (5), for "tenant or
resident" (wherever occurring) substitute
5 "tenant, resident or site tenant".
17 New section 213AA inserted
After section 213 of the Principal Act insert--
"213AA Compensation for unpaid rent under site
agreement
10 (1) A site owner is not entitled to claim
compensation under this Act for a failure of
a site tenant to pay rent under a site
agreement unless the rent is unpaid for at
least 30 days after it has accrued due.
15 (2) Subsection (1) does not apply if the site
tenant on not less than 2 previous occasions
has failed to pay the rent under the same site
agreement within 30 days after it has accrued
due.".
20 18 Application for payment of rent arrears or hiring
charge arrears from bond
(1) In section 213A(1) of the Principal Act--
(a) for "tenant or a resident" substitute "tenant,
a resident or a site tenant";
25 (b) for "tenant or resident" substitute "tenant,
resident or site tenant".
(2) In section 213A(2)(a) of the Principal Act, for
"owner or caravan park owner" substitute
"owner, caravan park owner or site owner".
30 (3) In section 213A(2)(b) of the Principal Act--
(a) after "tenancy agreement" insert "or site
agreement";
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(b) after "caravan park owner" insert ", site
owner".
19 Application to Tribunal for loss or damage
(1) In the heading to section 213B of the Principal
5 Act omit "by landlord".
(2) At the end of section 213B of the Principal Act
insert--
"(2) If a possession order is made under Part 7 as
a result of a failure by a site tenant to pay
10 rent, an application by the site owner to the
Tribunal under this Part for payment by the
site tenant of compensation for loss or
damage suffered by the site owner as a result
of the failure of the site tenant to pay rent
15 must be made within 28 days after the site
tenant delivers up vacant possession of the
Part 4A site.".
20 New section 214A inserted
After section 214 of the Principal Act insert--
20 "214A Compensation for loss of rent under
terminated site agreement
(1) If the Tribunal makes an order under
section 212(2) directing a person to pay
compensation to a site owner for loss or
25 damage suffered by the site owner as a result
of the termination of a site agreement under
section 317E or section 317I, an amount
specified in the order in respect of the loss of
rent that would have been payable under the
30 site agreement, if it had not been terminated,
must not exceed the lesser of--
(a) the rent that would have been payable
by the site tenant under the site
agreement, if the site agreement had not
35 been terminated, for a 12 month period
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from the day of the termination of the
site agreement; or
(b) the rent that would have been payable
by the site tenant under the site
5 agreement, if the site agreement had not
been terminated, for the period from the
day of the termination of the site
agreement until the day the Part 4A site
is occupied by another site tenant or
10 other occupant; or
(c) the rent that would have been payable
by the site tenant under the site
agreement, if the site agreement had not
been terminated, for the remaining term
15 of the site agreement.
(2) Subsection (1) does not limit the amount the
Tribunal may direct a person to pay to a site
owner as compensation for any other loss or
damage suffered by the site owner as a result
20 of the early termination of the site agreement
or on any other grounds.".
21 What powers does a court have to award
compensation?
In section 215 of the Principal Act--
25 (a) after "tenancy agreement" (where first
occurring) insert "or site agreement";
(b) after "tenancy agreement" (where secondly
occurring) insert "or site agreement (as the
case requires)".
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Division 2--Amendments to Part 6--Termination
22 New Division 3A of Part 6
At the end of Division 3 of Part 6 of the Principal
Act insert--
5 "Division 3A--Termination of site agreements
in Part 4A parks
Subdivision 1--When can a site agreement be
terminated?
317A Termination of site agreement
10 Despite any Act or law to the contrary, a site
agreement does not terminate and must not
be terminated except in accordance with this
Division or Part 7 or 8.
317B Termination by agreement
15 A site agreement may be terminated by
agreement of the site owner and site tenant.
317C Termination by consent
(1) A site agreement terminates if the site tenant
vacates the Part 4A site with the consent of
20 the site owner.
(2) The consent, once given, is irrevocable.
317D Termination after notice to vacate
A site agreement terminates if the site owner
or the site tenant gives a notice to vacate or a
25 notice of intention to vacate the Part 4A site
under this Division and--
(a) the site tenant vacates the Part 4A site
on or after the termination date
specified in the notice; or
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(b) the site agreement terminates in
accordance with section 334.
317E Termination by abandonment
A site agreement terminates if the site tenant
5 abandons the Part 4A site.
317F Termination if Part 4A site is sub-let
A site agreement terminates if--
(a) the site tenant is not in possession,
occupation or use of the Part 4A site
10 because the site tenant has sub-let it;
and
(b) the site owner or site tenant gives a
notice to vacate or a notice of intention
to vacate the Part 4A site under this
15 Division; and
(c) the period (if any) between the date on
which the notice is given and the
termination date specified in the notice
has expired.
20 317G Termination if site owner not owner of site
A site agreement terminates if the land
owner gives a notice to vacate in accordance
with section 317ZE and--
(a) the site tenant vacates the Part 4A site
25 on or after the termination date
specified in the notice; or
(b) the site agreement terminates in
accordance with section 334.
317H Termination by merger
30 A site agreement may terminate by merger
(that is, where the interests of the site owner
and the site tenant become vested in one
person).
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317I Termination by disclaimer
A site agreement may terminate by
disclaimer (for example, on repudiation of
the agreement by the site tenant accepted by
5 the site owner).
317J Termination by site tenant before
occupation or use
A site agreement terminates if the site tenant
has not entered into occupation or use of the
10 Part 4A site and has given a notice of
termination of the site agreement to the site
owner on the ground that the Part 4A site--
(a) is unsafe; or
(b) is not legally available for use as a
15 Part 4A site; or
(c) is for any other reason unavailable for
occupation.
317K Offences relating to interference with
rights
20 (1) Except in accordance with this Act, a person
must not require, compel or attempt to
compel a site tenant to vacate a Part 4A site.
Penalty: 60 penalty units in the case of a
natural person;
25 300 penalty units in the case of a
body corporate.
(2) Except in accordance with this Act, a person
must not exclude a site tenant or attempt to
exclude a site tenant from, or restrict or
30 attempt to restrict a site tenant's access to--
(a) a site tenant's Part 4A dwelling; or
(b) a Part 4A site on which the site tenant's
Part 4A dwelling is situated; or
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(c) the Part 4A park in which the site
tenant's Part 4A dwelling is situated.
Penalty: 60 penalty units in the case of a
natural person;
5 300 penalty units in the case of a
body corporate.
(3) Except in accordance with this Act, a person
must not interfere with the peace, comfort or
privacy of a site tenant for the purposes of
10 causing the site tenant to abandon the
Part 4A site.
Penalty: 60 penalty units in the case of a
natural person;
300 penalty units in the case of a
15 body corporate.
(4) Except in accordance with this Act, a person
must not, for the purposes of causing a site
tenant to abandon a Part 4A site--
(a) withdraw or restrict services or
20 facilities which are reasonably required
for the occupation of a Part 4A
dwelling on a Part 4A site as a
residence; or
(b) prevent the site tenant from using any
25 facilities; or
(c) do any other act or thing intended or
designed to cause the site tenant to
abandon the Part 4A site.
Penalty: 60 penalty units in the case of a
30 natural person;
300 penalty units in the case of a
body corporate.
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Subdivision 2--Variations or creations of site
agreement
317L Creation of periodic site agreement
(1) A site tenant is taken to occupy a Part 4A
5 site under a periodic site agreement if--
(a) the term of a fixed term site agreement
to which this Act applies ends; and
(b) the site tenant under that agreement
continues in occupation of the Part 4A
10 site otherwise than as a site tenant
under a fixed term site agreement.
(2) The rental period under the periodic site
agreement created by subsection (1) is--
(a) if the rental period under the fixed term
15 site agreement was more than one
month, a monthly period; and
(b) if the rental period under the fixed term
site agreement was one month or less, a
period equivalent to that rental period.
20 (3) Except as provided in subsection (2), the
periodic site agreement is on the same terms,
so far as applicable, as the terms of the fixed
term site agreement.
(4) On the application of the site owner or the
25 site tenant, the Tribunal may make any
variations to the terms of a periodic site
agreement created under this section that are
necessary for or appropriate to the
continuation of a periodic site agreement.
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317M Application for new site agreement
because of final family violence
intervention order
(1) This section applies if--
5 (a) a site tenant is excluded from a Part 4A
dwelling on a Part 4A site under an
exclusion condition included in a final
order; and
(b) a protected person under the final
10 order--
(i) is also a party to the site
agreement for the Part 4A site; or
(ii) is the owner or co-owner of the
Part 4A dwelling at law or in
15 equity.
(2) The protected person may apply to the
Tribunal for an order--
(a) terminating the existing site agreement;
and
20 (b) requiring the site owner of the Part 4A
site to enter into a site agreement with
the protected person and any other site
tenant (other than the excluded site
tenant) of the Part 4A site.
25 (3) For the purposes of proceedings in relation to
an application for an order under subsection
(2), each of the following persons is a party
to the proceeding--
(a) the protected person;
30 (b) the site owner;
(c) the excluded site tenant;
(d) any other existing site tenants.
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(4) In this section--
final order means a final order within the
meaning of the Family Violence
Protection Act 2008.
5 317N Tribunal orders for application made
under section 317M
(1) On an application under section 317M, the
Tribunal may make an order terminating the
existing site agreement and requiring the site
10 owner to enter into a new site agreement
with the protected person and other persons
(if any) specified in the application if the
Tribunal is satisfied that--
(a) the protected person and any other site
15 tenants (other than the excluded site
tenant) of the Part 4A site could
reasonably be expected to comply with
the duties of a site tenant under a site
agreement to which this Act applies;
20 and
(b) the protected person or the protected
person's dependants would be likely to
suffer severe hardship if the protected
person were compelled to leave the
25 Part 4A dwelling situated on the
Part 4A site the subject of the site
agreement; and
(c) the hardship suffered by the protected
person would be greater than any
30 hardship the site owner would suffer if
the order were made; and
(d) it is reasonable to do so given the
length of the exclusion under the final
order and the length of the existing site
35 agreement; and
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(e) it is reasonable to do so given the
interests of any other site tenants (other
than the excluded site tenant) under the
existing site agreement and, in
5 particular, whether the other site tenants
support the protected person's
application.
(2) If the Tribunal makes an order under
subsection (1) the new site agreement
10 must--
(a) be subject to the same rent and
frequency of rent payments as the
existing site agreement; and
(b) if the existing site agreement is a fixed
15 term agreement, run for a term not
longer than the remainder of that fixed
term; and
(c) otherwise, be on the same terms and
conditions as the existing site
20 agreement, subject to any changes the
Tribunal determines.
(3) If the Tribunal makes an order under
subsection (1) the existing site agreement is
terminated on the signing of the new site
25 agreement.
317O Tribunal may determine parties' liability
under terminated site agreement
(1) If the Tribunal makes an order under
section 317N, the Tribunal may determine
30 the liabilities of the excluded site tenant, the
protected person or any other site tenants
under the existing site agreement in relation
to any existing liabilities under the existing
site agreement, including but not limited
35 to--
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(a) liabilities relating to damage caused to
the Part 4A site; and
(b) liabilities relating to outstanding utility
charges.
5 (2) For the avoidance of doubt, the termination
of a site agreement under section 317N does
not of itself give rise to a right to claim
compensation on the part of any party to the
site agreement for early termination of the
10 site agreement.
317P Cross-examination in proceedings for a
new site agreement
(1) In a hearing for proceedings arising out of, or
relating to, an application under section
15 317M(2) an excluded site tenant must not
personally cross-examine a protected person
without leave of the Tribunal.
(2) The Tribunal may grant leave under
subsection (1) with or without conditions.
20 (3) If leave is granted under subsection (1), the
excluded site tenant may only cross-examine
the protected person--
(a) as to those matters set out in section
317N(1); and
25 (b) in accordance with any conditions to
which the leave granted is subject.
317Q Reduction of fixed term site agreement
(1) On the application of a party to a fixed term
site agreement, the Tribunal may make an
30 order--
(a) reducing the term of the site agreement
by a period stated in the order; and
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(b) making any variations to the terms of
the site agreement that are necessary
because of the reduction of the term.
(2) The Tribunal may only make an order under
5 this section if it is satisfied that, because of
an unforeseen change in the applicant's
circumstances, the severe hardship which the
applicant would suffer if the term of the site
agreement were not reduced would be
10 greater than the hardship which the other
party would suffer if the term were reduced.
(3) Without limiting subsection (2), the Tribunal
may make an order under that subsection if
satisfied that the applicant has experienced
15 an unforeseen change in the applicant's
circumstances that will cause the applicant to
suffer severe hardship because--
(a) the applicant is a site tenant under the
fixed term site agreement; and
20 (b) the applicant--
(i) is excluded from the Part 4A site
the subject of the site agreement
under a family violence
intervention order; or
25 (ii) is a protected person under a
family violence intervention order
and is seeking to reduce the term
of the agreement to protect the
person's own safety or the safety
30 of his or her dependants.
(4) In making an order under this section, the
Tribunal may determine the compensation (if
any) to be paid by the applicant for the order
to the other party because of the reduction in
35 the term of the site agreement.
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Subdivision 3--Notice of intention to vacate or
abandonment by site tenant
317R Notice of intention to vacate
(1) A site tenant may give a site owner a notice
5 of intention to vacate a Part 4A site.
(2) The notice of intention to vacate must
specify a termination date that is not less
than 28 days after the date on which the
notice of intention to vacate is given.
10 317S Notice to have no effect in certain
circumstances
A notice of intention to vacate given under
section 317R in respect of a fixed term site
agreement is of no effect if it specifies a
15 termination date that is earlier than the end
of the term of the site agreement.
317T Reduced period of notice of intention to
vacate in certain circumstances
(1) This section applies if--
20 (a) a site tenant has been given a notice to
vacate under section 317ZF; or
(b) a site tenant requires special or personal
care and needs to vacate the Part 4A
site in order to obtain that care; or
25 (c) a site tenant has received a written offer
of public housing from the Director of
Housing; or
(d) a site tenant requires temporary crisis
accommodation and needs to vacate the
30 Part 4A site in order to obtain that
accommodation.
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(2) A site tenant to whom this section applies
may give a site owner a notice of intention to
vacate the Part 4A site under a fixed term
site agreement specifying a termination date
5 that is on or after the end of the term of the
site agreement if the period between the date
on which the notice is given and the
termination date is not less than 14 days.
(3) A site tenant to whom this section applies
10 may give a site owner a notice of intention to
vacate a Part 4A site under a periodic site
agreement specifying a termination date that
is not less than 14 days after the date on
which the notice is given.
15 (4) In this section special or personal care
means--
(a) assistance with one or more of the
following--
(i) bathing, showering or personal
20 hygiene;
(ii) toileting;
(iii) dressing or undressing;
(iv) meals; or
(b) physical assistance for persons with
25 mobility problems; or
(c) assistance for persons who are mobile
but require some form of supervision or
assistance; or
(d) assistance or supervision in dispensing
30 medicine; or
(e) the provision of substantial emotional
support in a health or residential
service.
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317U Failure of site owner to comply with
Tribunal order
(1) A site tenant may give a site owner a notice
of intention to vacate a Part 4A site if the site
5 owner fails to comply with an order of the
Tribunal under section 212.
(2) The notice of intention to vacate must
specify a termination date that is not less
than 14 days after the date on which the
10 notice is given.
317V Successive breaches by site owner
(1) A site tenant under a fixed term site
agreement may give a site owner a notice of
intention to vacate a Part 4A site if--
15 (a) the site owner has breached a site
owner's duty provision within the
meaning of Part 5; and
(b) on 2 previous occasions the site owner
has been in breach of the same site
20 owner's duty provision; and
(c) the site tenant or the site tenant's agent
has on each occasion given a breach of
duty notice to the site owner under
section 208.
25 (2) The notice of intention to vacate must
specify a termination date that is not less
than 14 days after the date on which the
notice of intention to vacate is given.
317W Order of abandonment
30 (1) If a site owner believes that a site tenant has
abandoned a Part 4A site, the site owner may
apply to the Tribunal for an order declaring
that the site tenant has abandoned the
Part 4A site.
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(2) An application under subsection (1) must be
heard by the Tribunal within 5 business days
after the application is made.
(3) On an application under subsection (1), the
5 Tribunal may by order declare that the
Part 4A site was abandoned by the site tenant
on a day specified by the Tribunal.
(4) The site tenant is taken to have abandoned
the Part 4A site on the day specified in the
10 order.
Subdivision 4--Notice by site owner or
mortgagee
317X Damage
(1) A site owner may give a site tenant a notice
15 to vacate a Part 4A site if the site tenant or
the site tenant's visitor intentionally or
recklessly causes or allows serious damage
to--
(a) the Part 4A site; or
20 (b) the Part 4A park; or
(c) any facility in the Part 4A park.
(2) The notice to vacate may require the site
tenant to vacate the Part 4A site
immediately.
25 317Y Danger
(1) A site owner may give a site tenant a notice
to vacate a Part 4A site if the site tenant or
the site tenant's visitor by act or omission
causes a danger to any person or property in
30 the Part 4A park.
(2) The notice to vacate may require the site
tenant to vacate the Part 4A site
immediately.
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(3) A site owner is not entitled to give a notice
to vacate under subsection (1) if a notice to
leave under section 368 has been given in
respect of that act or omission.
5 317Z Disruption
(1) A site owner may give a site tenant a notice
to vacate a Part 4A site if the site tenant or
the site tenant's visitor seriously interrupts
the quiet and peaceful enjoyment of the
10 Part 4A park by other occupiers.
(2) The notice to vacate may require the site
tenant to vacate the Part 4A site
immediately.
317ZA Failure to comply with Tribunal order
15 (1) A site owner may give a site tenant a notice
to vacate a Part 4A site if the site tenant fails
to comply with an order of the Tribunal
under section 212.
(2) The notice must specify a termination date
20 that is not less than 14 days after the date on
which the notice to vacate is given.
317ZB Successive breaches by site tenant
(1) A site owner may give a site tenant a notice
to vacate a Part 4A site if--
25 (a) the site tenant has breached a duty
provision within the meaning of Part 5;
and
(b) on 2 previous occasions the site tenant
has been in breach of the same duty
30 provision; and
(c) the site owner or the site owner's agent
has on each occasion given a breach of
duty notice to the site tenant under
section 208.
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(2) The notice must specify a termination date
that is not less than 14 days after the date on
which the notice is given.
317ZC Use of Part 4A site for illegal purpose
5 (1) A site owner may give a site tenant a notice
to vacate a Part 4A site if the site tenant has
used the Part 4A dwelling on the Part 4A site
or permitted its use for any purpose that is
illegal at common law or under an Act.
10 (2) The notice to vacate must specify a
termination date that is not less than 14 days
after the date on which the notice is given.
317ZD Assignment or sub-letting without consent
(1) A site owner may give a site tenant a notice
15 to vacate a Part 4A site if the site tenant has
assigned or sub-let or purported to assign or
sub-let the whole or any part of the Part 4A
site without the site owner's consent.
(2) The notice must specify a termination date
20 that is not less than 14 days after the date on
which the notice to vacate is given.
317ZE Notice by land owner
(1) If the site owner under a site agreement is
not the owner of the Part 4A site, the owner
25 may exercise a right of the site owner--
(a) to give the site tenant a notice to vacate
the site; or
(b) to recover possession of the Part 4A
site; or
30 (c) to give a breach of duty notice under
Part 5 that applies to the site agreement.
(2) A notice to vacate given under subsection (1)
does not have effect unless it specifies a
termination date on or after the day on which
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the site owner's interest in the Part 4A site
ends.
(3) If an owner exercises a right conferred by
subsection (1) in relation to a site agreement,
5 this Division, Part 5 and Part 7 have effect as
if a reference to a site owner under a site
agreement included a reference to the owner.
317ZF Notice under fixed term site agreement
(1) A site owner under a fixed term site
10 agreement may, before the end of the term of
the site agreement, give the site tenant a
notice to vacate the Part 4A site at the end of
the fixed term.
(2) The notice to vacate must specify a
15 termination date that is on or after the date of
the end of the term.
(3) The notice to vacate must specify a
termination date that is not less than
365 days after the date on which the notice
20 to vacate is given.
317ZG Notice under periodic site agreement
(1) A site owner under a periodic site agreement
may give the site tenant a notice to vacate the
Part 4A site.
25 (2) The notice to vacate must specify a
termination date that is not less than
365 days after the date on which the notice
to vacate is given.
317ZH Notice of no effect
30 (1) A notice to vacate under section 317ZF is of
no effect if it was given in response to the
exercise, or proposed exercise, by the site
tenant of a right under this Act or the site
agreement.
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(2) A person is not entitled to apply to the
Tribunal challenging the validity of a notice
to vacate under subsection (1) after the end
of 60 days after the date on which the notice
5 to vacate is given.
317ZI Notice by mortgagee of Part 4A park
(1) A mortgagee of a Part 4A park may give a
site tenant a notice to vacate a Part 4A site if
the mortgagee becomes entitled to
10 possession of, or to exercise a power of sale
in respect of, the Part 4A park under a
mortgage.
(2) The notice to vacate must specify a
termination date that is--
15 (a) on or after the date of the end of the
fixed term and not less than 365 days
from the date of the notice to vacate, if
the site agreement is a fixed term site
agreement that was entered into--
20 (i) before the mortgage was granted
in respect of the Part 4A park; or
(ii) after the mortgage was granted in
respect of the Part 4A park and is
consistent with the terms of the
25 mortgage agreement; or
(b) not less than 365 days from the date of
the notice to vacate, if the site
agreement is a periodic site agreement
that commenced--
30 (i) before the mortgage was granted
in respect of the Part 4A park; or
(ii) after the mortgage was granted in
respect of the Part 4A park and is
consistent with the terms of the
35 mortgage agreement; or
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(c) not less than 90 days from the date of
the notice to vacate, if the site
agreement--
(i) was entered into after the
5 mortgage was granted in respect
of the Part 4A park; and
(ii) is inconsistent with the terms of
the mortgage agreement.".
23 Form of notice of intention to vacate
10 In section 318(1) of the Principal Act after
"caravan park" insert "or a site in a Part 4A park".
24 Form of notice to vacate
In section 319 of the Principal Act--
(a) in paragraph (b), for "tenant or resident"
15 substitute "tenant, resident or site tenant
(as the case requires)";
(b) in paragraph (d), for "288 or 314," substitute
"288, 314 or 317ZF,".
Division 3--Amendments to Part 7--Regaining possession--
20 possession orders and warrants
25 New section 324A inserted
After section 324 of the Principal Act insert--
"324A Application for possession order by site
owner
25 (1) A site owner may apply to the Tribunal for a
possession order for a Part 4A site if the site
owner has given the site tenant a notice to
vacate the Part 4A site.
(2) A site owner may apply to the Tribunal for a
30 possession order if the site tenant has given
the site owner a notice of intention to vacate
the Part 4A site.".
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26 Application for possession order by mortgagee
After section 325(3) of the Principal Act insert--
"(4) A Part 4A site mortgagee may apply to the
Tribunal for a possession order if--
5 (a) the mortgagee has given a site tenant a
notice to vacate the Part 4A site in
accordance with section 317ZI; and
(b) the site tenant fails to vacate the
Part 4A site by the date specified in the
10 notice to vacate.".
27 Time for application
In section 326 of the Principal Act--
(a) in subsection (1), for "324(1) or 324(2)"
substitute "324(1), 324(2) or 324A(1)".
15 (b) in subsection (3), for "323(b) or 324(3)"
substitute "323(b), 324(3) or 324A(2)".
28 Applications where composite notice to vacate is
given
In section 327 of the Principal Act for "323(a)
20 or 324(1) or (2)" substitute "323(a), 324(1) or (2)
or 324A(1)".
29 Order of Tribunal
(1) In section 330(1) of the Principal Act--
(a) for "tenant or resident" (wherever occurring)
25 substitute "tenant, resident or site tenant";
(b) for "owner or mortgagee" (where twice
occurring) substitute "owner, site owner or
mortgagee";
(c) in paragraph (b), for "owner or caravan
30 owner" substitute "owner, caravan owner or
site owner".
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(2) In section 330(2) of the Principal Act for "323(b)
or 324(3)" substitute "323(b), 324(3)
or 324A(2)".
30 Order to be dismissed or adjourned in certain
5 circumstances
(1) In section 331(1) of the Principal Act--
(a) in paragraph (a)(iii) for "306; and"
substitute "306; or";
(b) after paragraph (a)(iii) insert--
10 "(iv) in the case of a Part 4A site, a notice to
vacate given under section 317ZB in
respect of successive breaches by the
site tenant of the duty to pay rent; and";
(c) in paragraph (b) for "owner or caravan
15 owner" insert "owner, caravan owner or site
owner".
(2) In section 331(3) of the Principal Act after
"tenant" (where twice occurring) insert "or site
tenant".
20 31 Order not to be made in certain circumstances
In section 332 of the Principal Act--
(a) in subsection (1)(a), for "282 or 307"
substitute "282, 307 or 317U";
(b) in subsection (2), for "280 or 304" substitute
25 "280, 304 or 317Z".
32 Contents of possession order
(1) In section 333(1) of the Principal Act--
(a) after paragraph (a)(iii) insert--
"(iv) in the case of a Part 4A site, the site
30 tenant must vacate the Part 4A site and
remove the Part 4A dwelling situated
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on the Part 4A site, if the Part 4A
dwelling is to be removed; and";
(b) in paragraph (b) for "tenant or resident"
substitute "tenant, resident or site tenant".
5 (2) After section 333(3) of the Principal Act insert--
"(4) A possession order for a site in a Part 4A
park must also include a warning that if the
site tenant and any other person residing at
the Part 4A site fails to comply with the
10 direction referred to in subsection (1)(b), the
site tenant and any other person residing at
the Part 4A site in a Part 4A dwelling may be
forcibly removed from the Part 4A site and
the Part 4A dwelling by a member of the
15 police force or an authorised person carrying
out a warrant of possession.".
33 Effect of possession order
(1) Insert the following heading to section 334 of the
Principal Act--
20 "Effect of possession order for rented premises
or Part 4A site".
(2) At the end of section 334 of the Principal Act
insert--
"(2) If a possession order is made under this
25 Division in respect of a Part 4A site, the site
agreement terminates at the end of the day
before the day on which possession of the
Part 4A site is delivered up to the site owner
or mortgagee.".
30 34 Issue of warrant of possession
In section 351(1)(b) of the Principal Act for
"tenant or resident" substitute "tenant, resident or
site tenant".
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35 Postponement of issue of warrant in certain cases
(1) In section 352(1) of the Principal Act--
(a) after "premises" insert "or Part 4A site";
(b) in paragraph (a) after "tenant" insert "or site
5 tenant (as the case may be)";
(c) in paragraph (b) for "landlord" substitute
"landlord, site owner".
(2) In section 352(3) of the Principal Act--
(a) after "landlord" insert "or site owner";
10 (b) for "245" substitute "245, 317X or 317Y".
36 Immediate issue of warrant if failure to comply
during postponement
In section 353 of the Principal Act--
(a) for "landlord" substitute "landlord, site
15 owner";
(b) after "premises" insert "or a Part 4A site (as
the case may be)";
(c) after "tenant" insert "or site tenant";
(d) in paragraphs (b) and (c) after "agreement"
20 insert "or site agreement".
37 Offence to re-enter rooming house, site or caravan
After section 358(2) of the Principal Act insert--
"(3) A person who is removed from a Part 4A site
under a warrant of possession must not re-
25 enter and take up possession of the Part 4A
site.
Penalty: 20 penalty units.".
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Division 4--Amendments to Part 8--Violence on certain
premises
38 Definitions for Part 8
In section 367 of the Principal Act--
5 (a) in paragraph (c) of the definition of managed
premises, for "park--" substitute "park; or";
(b) after paragraph (c) of the definition of
managed premises insert--
"(d) a Part 4A park--";
10 (c) in the definition of manager for "owner or
caravan park owner" substitute "owner,
caravan park owner or site owner";
(d) in the definition of on-site manager for
"building or caravan park" (wherever
15 occurring) substitute "building, caravan
park or Part 4A park";
(e) for the definition of resident substitute--
"resident includes--
(a) a tenant of rented premises in a
20 managed high density building;
and
(b) a site tenant.".
39 What happens if a notice to leave is given?
(1) Insert the following heading to section 370 of the
25 Principal Act--
"What happens if a notice to leave is given?".
(2) In section 370(1) of the Principal Act for "room or
site" substitute "room, site or Part 4A site".
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(3) In section 370(1) and (2)(a) of the Principal Act
for "agreement or residency right" substitute
"agreement, residency right or site agreement".
40 Offence to re-enter premises during suspension
5 In section 372 of the Principal Act for "agreement
or residency right" substitute "agreement,
residency right or site agreement".
41 Urgent application to Tribunal
(1) Insert the following heading to section 374 of the
10 Principal Act--
"Urgent applications to Tribunal".
(2) In section 374(1) of the Principal Act for "owner
or caravan park owner" substitute "owner,
caravan park owner or site owner".
15 (3) In section 374(1) and (2) of the Principal Act for
"agreement or residency right" (wherever
occurring) substitute "agreement, residency right
or site agreement".
42 What can the Tribunal order?
20 (1) In section 376(1) of the Principal Act for "room or
site" (where twice occurring) substitute "room,
site or Part 4A site".
(2) In section 376(1) and (3) of the Principal Act for
"agreement or residency right" (wherever
25 occurring) substitute "agreement, residency right
or site agreement".
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43 Offence to allow occupation of premises pending
application or hearing
After section 377(3) of the Principal Act insert--
"(3A) A site owner must not allow a person who is
5 not a party to a site agreement suspended
under section 370 to occupy the Part 4A site
to which that site agreement applies during
the period of suspension.
Penalty: 60 penalty units in the case of a
10 natural person;
300 penalty units in the case of a
body corporate.".
44 Notice to leave prohibited
(1) In the heading to section 377A of the Principal
15 Act for "279 or 303" substitute "279, 303
or 317Y".
(2) In section 377A of the Principal Act--
(a) in paragraph (c), for "omission." substitute
"omission; or";
20 (b) after paragraph (c) insert--
"(d) a site owner has given a notice to
vacate under section 317Y in respect of
that act or omission.".
Division 5--Amendments to Part 9--Goods left behind by
25 tenants and residents
45 Goods left behind
In the heading to Part 9 of the Principal Act for
"TENANTS AND RESIDENTS" substitute
"TENANTS, RESIDENTS AND SITE
30 TENANTS".
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46 Application of Part 9
In section 378 of the Principal Act--
(a) in paragraph (c), for "behind." substitute
"behind;";
5 (b) after paragraph (c) insert--
"(d) in the case of a Part 4A site, the site
agreement has been terminated and
goods have been left behind.".
47 Definitions for Part 9
10 (1) In section 379 of the Principal Act, in the
definition of owner of premises--
(a) in paragraph (c), for "mortgagee;" substitute
"mortgagee; and";
(b) after paragraph (c) insert--
15 "(d) in relation to a Part 4A site, the site
owner;".
(2) In section 379 of the Principal Act, in the
definition of stored goods--
(a) in paragraph (c), for "388." substitute
20 "388;";
(b) after paragraph (c) insert--
"(d) in relation to a Part 4A site, goods left
behind on the Part 4A site of which a
site owner must take reasonable care in
25 accordance with section 388A.".
48 What happens if personal documents are left
behind?
(1) Insert the following heading to section 380 of the
Principal Act--
30 "What happens if personal documents are left
behind?".
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(2) In section 380 of the Principal Act for "tenant or
resident" (where twice occurring) substitute
"tenant, resident or site tenant".
49 Reclaiming personal documents before disposal
5 In section 382(1) of the Principal Act for "tenant
or resident" substitute "tenant, resident or site
tenant".
50 New section 388A inserted
After section 388 of the Principal Act insert--
10 "388A What must a site owner or Part 4A site
agreement mortgagee do about goods left
behind?
A site owner who takes possession of a
Part 4A site vacated by a site tenant must--
15 (a) take reasonable care of any goods
(other than goods which may be
removed and destroyed or disposed of
under section 384) left behind when the
site tenant vacates the Part 4A site; and
20 (b) take reasonable steps to notify the
former site tenant as to when and from
where the goods left behind can be
collected.".
51 Rightful owner may reclaim stored goods before
25 sale
In section 389(1) of the Principal Act--
(a) in paragraph (a) after "landlord" insert
"or site owner";
(b) in paragraph (a)(i) after "tenant" insert
30 "or site tenant".
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52 What if a caravan owned by a resident is abandoned
on site?
In section 390 of the Principal Act, after "Part"
insert ", as if the caravan were stored goods".
5 53 New section 390A inserted
After section 390 of the Principal Act insert--
"390A What if a Part 4A dwelling owned by a
site tenant is abandoned on site?
If a Part 4A dwelling owned by a site tenant
10 has been abandoned and an abandonment
order has been made under section 317W or
a possession order has been made under
section 324A, the site owner may deal with
the Part 4A dwelling in accordance with this
15 Part, as if the Part 4A dwelling were stored
goods.".
54 Purchaser takes good title
In section 394(a) of the Principal Act for "tenant
or former resident" substitute "tenant, former
20 resident or former site tenant".
55 What if proceeds of sale are not sufficient to cover
costs?
In section 395(2) of the Principal Act for
"agreement or residency right" substitute
25 "agreement, residency right or site agreement".
56 What if goods or documents are disposed of in
contravention of this Part?
In section 396 of the Principal Act--
(a) for "tenant's or former resident's" substitute
30 "tenant's, former resident's or former site
tenant's";
(b) after "former resident" insert ", former site
tenant".
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57 What if goods or documents are wrongfully
retained?
In section 397 of the Principal Act after "former
resident" insert ", former site tenant".
5 58 What if goods or documents are damaged or lost?
In section 398 of the Principal Act after "former
resident" insert ", former site tenant".
59 What if stored goods have been sold in accordance
with this Part?
10 In section 399 of the Principal Act--
(a) for "tenant's or former resident's" substitute
"tenant's, former resident's or former site
tenant's";
(b) after "former resident" insert ", former site
15 tenant".
60 What if personal documents are disposed of in
accordance with section 381?
In section 400(2) of the Principal Act for
"agreement or residency right" substitute
20 "agreement, residency right or site agreement".
Division 6--Amendments to Part 10--Bonds and the
Residential Tenancies Bond Authority
61 Definitions for Part 10
In section 404 of the Principal Act--
25 (a) in the definition of Director of Housing
voucher, after "tenant" insert "or site
tenant";
(b) in the definition of landlord, after
paragraph (c) insert--
30 "(ca) site owner;";
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(c) in the definition of rented premises, for "site
and caravan" substitute "site, caravan and
Part 4A site";
(d) in the definition of tenancy agreement, after
5 "right" insert "and site agreement";
(e) in the definition of tenant, after
paragraph (a) insert--
"(ab) site tenant; and";
(f) in paragraph (b) of the definition of tenant,
10 for "tenant and former resident" substitute
"tenant, former resident and former site
tenant".
Division 7--Amendments to Part 11--Functions of the
Tribunal
15 62 Jurisdiction of Tribunal
After section 446(b) of the Principal Act insert--
"(ba) any matter arising in relation to a site
agreement or a proposed site agreement in
respect of a Part 4A site; and".
20 63 General applications to the Tribunal
(1) In section 447(1) of the Principal Act for
"$10 000" (wherever occurring) substitute
"$10 000, or in the case of the site agreement
provisions, $100 000".
25 (2) In section 447(1A) of the Principal Act--
(a) in paragraph (c), for "$10 000." substitute
"$10 000; or";
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(b) after paragraph (c) insert--
"(d) by a site owner or a site tenant in
relation to the site agreement provisions
or a site agreement which involves a
5 monetary claim for an amount
exceeding $100 000.".
64 General applications to the Tribunal
After section 452(3) of the Principal Act insert--
"(3A) A site owner or site tenant may apply to the
10 Tribunal if--
(a) a dispute arises in respect of a site
agreement or an agreement relating to a
site agreement; or
(b) there has been a breach of a duty under
15 the site agreement provisions.".
65 General power of Tribunal to make determinations
In section 472(1) of the Principal Act--
(a) after paragraph (d) insert--
"(da) to restrain any action in breach of a site
20 agreement or the provisions of this Act
relating to a site agreement;
(db) to require any action in the performance
of a site agreement or of duties under
this Act relating to the site agreement;";
25 (b) in paragraph (e)(iii), for "resident;"
substitute "resident; or";
(c) after paragraph (e)(iii) insert--
"(iv) a Part 4A dwelling or a Part 4A site by
a site owner or site tenant;".
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Division 8--Amendments to Parts 12 and 13--
Administration and General
66 Functions of Director
In section 486 of the Principal Act--
5 (a) in paragraph (a)(ii) for "3 or 4" substitute
"3, 4 or 4A";
(b) after paragraph (b)(iii) insert--
"(iv) on the written application of a site
tenant or site owner, any matter arising
10 under the site agreement provisions;".
67 Offence to make false representation
In section 501 of the Principal Act--
(a) after "proposed tenancy agreement" (where
first occurring) insert ", a site agreement, a
15 proposed site agreement";
(b) in paragraph (b), after "agreement" insert
"or site agreement";
(c) in paragraph (c), for "or proposed tenancy
agreement" substitute ", proposed tenancy
20 agreement, site agreement or proposed site
agreement".
68 Offence to persuade person not to exercise rights or
take proceedings
In section 502 of the Principal Act--
25 (a) after "proposed tenancy agreement" (where
first occurring) insert ", a site agreement, a
proposed site agreement";
(b) in paragraph (d) for "owner--" substitute
"owner; or";
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(c) after paragraph (d) insert--
"(e) a party to the site agreement or
proposed site agreement--".
69 Offence to aid, abet, counsel or procure commission
5 of offence
In section 503 of the Principal Act, after
"proposed tenancy agreement" insert ", a site
agreement, a proposed site agreement".
70 Certain penalties prohibited
10 After section 505(3) of the Principal Act insert--
"(4) A person must not demand or accept from a
site tenant under a site agreement who has
failed to comply with the site agreement or
with any of the provisions of this Act
15 relating to the site agreement the payment by
reason of the failure of any amount other
than--
(a) subject to this Act, rent under the site
agreement; or
20 (b) an amount or penalty provided for in
this Act.
Penalty: 60 penalty units in the case of a
natural person;
300 penalty units in the case of a
25 body corporate.".
71 Service of documents
(1) After section 506(2) of the Principal Act insert--
"(2A) In the case of a notice or other document to
be served on or given to a site owner, in
30 addition to the methods set out in subsection
(1), a notice or document may be served or
given--
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(a) by delivering it to the site owner or to
the site owner's agent or to the person
who usually collects the rent; or
(b) by sending it by post addressed--
5 (i) to the site owner at the site
owner's address for service of
documents; or
(ii) to the site owner's agent at the
agent's usual place of business; or
10 (c) by giving it to a person employed in the
office of the site owner's agent.".
(2) In section 506(3) of the Principal Act--
(a) for "tenant or resident" (where twice
occurring) substitute "tenant, resident or site
15 tenant";
(b) in paragraph (b), for "room or site"
substitute "room, site or Part 4A site".
(3) In section 506(4) of the Principal Act--
(a) after "tenant" insert "or site tenant";
20 (b) after "premises" insert "or Part 4A site".
72 Application to Supreme Court, County Court or
Magistrates' Court
In section 510(1) of the Principal Act--
(a) in paragraph (c), for "park--" substitute
25 "park; or";
(b) after paragraph (c) insert--
"(d) a site agreement in respect of a Part 4A
site--".
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73 Regulations
After section 511(1)(f) of the Principal Act
insert--
"(fa) prescribing the form and content of a written
5 statement required under section 206ZR;
(fb) prescribing the form and content of a site
agreement or class of site agreement required
under section 206F;
(fc) the minimum term that must be offered by a
10 site owner or a class of site owners;
(fd) the rents, fees and charges that may be
imposed under a site agreement;
(fe) the manner in which rents, fees and charges
may be calculated and adjusted under a site
15 agreement;
(ff) prescribing the matters to be included in
Part 4A park rules;".
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PART 5--ROOMING HOUSES AMENDMENTS
74 New section 102A inserted
After section 102 of the Principal Act insert--
"102A Director may investigate rent without
5 application by resident
(1) If the Director considers it appropriate to do
so, the Director may investigate--
(a) if a resident of a rooming house has
received a notice of a rent increase,
10 whether the proposed rent is excessive;
or
(b) if a resident's rent has been reduced as a
result of an increase in the room
capacity of the resident's room, whether
15 the reduction is insufficient and the rent
is excessive.
(2) If the Director carries out an investigation
under subsection (1), the Director must give
a written report to the resident and a copy of
20 the report to the rooming house owner.
(3) An investigation may be carried out under
this section whether or not the resident of the
rooming house applies for an investigation
under section 102.".
25 75 New section 131A inserted
After section 131 of the Principal Act insert--
"131A Director may investigate rooming house
without application by resident
(1) If the Director considers it appropriate to do
30 so, the Director may investigate whether a
rooming house owner--
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(a) is in breach of a duty to ensure a room
or rooming house is maintained in good
repair; or
(b) has failed to comply with the standards
5 of privacy, safety, security and amenity
of a room, facility, service or common
area of a rooming house prescribed for
the purposes of Division 8 of this Part.
(2) If the Director carries out an investigation
10 under subsection (1), the Director--
(a) may negotiate arrangements for the
carrying out of repairs if the Director is
satisfied that the rooming house
owner--
15 (i) is in breach of the duty to
maintain the room or rooming
house in good repair; or
(ii) has failed to comply with the
standards prescribed for the
20 purposes of Division 8 of this
Part; and
(b) must give a written report to any
resident affected by the breach or
failure to comply, as the case requires,
25 and a copy of the report to the rooming
house owner.
(3) An investigation may be carried out under
this section whether or not the resident
applies for an investigation under
30 section 131.".
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76 New Division 8 of Part 3 inserted
After Division 7 of Part 3 of the Principal Act
insert--
"Division 8--Standards
5 142B Standards for rooming houses etc.
(1) A rooming house owner must not provide to
a resident of a rooming house a room that
does not comply with the prescribed privacy,
safety, security and amenity standards.
10 Penalty: 60 penalty units in the case of a
natural person;
300 penalty units in the case of a
body corporate.
(2) A rooming house owner must not provide to
15 a resident of a rooming house a facility or
service that does not comply with the
prescribed privacy, safety, security and
amenity standards.
Penalty: 60 penalty units in the case of a
20 natural person;
300 penalty units in the case of a
body corporate.
(3) A rooming house owner must not provide a
resident of a rooming house with access to a
25 common area that does not comply with the
prescribed privacy, safety, security and
amenity standards.
Penalty: 60 penalty units in the case of a
natural person;
30 300 penalty units in the case of a
body corporate.
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142C Regulations for rooming houses
(1) The Governor in Council may make
regulations for or with respect to--
(a) for the purposes of this Division,
5 prescribing privacy, safety, security and
amenity standards in relation to all or
any combination of the following--
(i) rooming houses;
(ii) rooms in a rooming house;
10 (iii) rooming house facilities and
services;
(iv) common areas of rooming houses;
(v) the general amenity of rooming
houses; and
15 (b) generally prescribing any matter or
thing required or authorised to be
prescribed by this Division.
(2) Regulations under this Division may--
(a) be of general or limited application;
20 (b) differ according to differences in time,
place or circumstance;
(c) apply at all times or specified times;
(d) require matters in the regulations to
be--
25 (i) in accordance with specified
standards or specified
requirements; or
(ii) approved by, or to the satisfaction
of, a specified person or body or
30 specified classes of person or
body; or
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(iii) as specified in both subparagraphs
(i) and (ii);
(e) apply, adopt or incorporate any matter
contained in any document or any
5 method, whether--
(i) wholly or partially or as amended
by the regulations; or
(ii) as formulated or published on or
before the date when the
10 regulations are made; or
(iii) as formulated or published from
time to time;
(f) confer a discretionary authority or
impose a duty on a specified person or
15 body or specified classes of person or
body;
(g) provide for the exemption of a person
or thing or classes of person or thing
from any of the regulations, whether--
20 (i) unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent
as is specified;
(h) leave any matter or thing to be from
25 time to time determined or approved by
the Minister or the Director of
Housing.".
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77 New Division 9 of Part 3 inserted
At the end of Part 3 of the Principal Act insert--
"Division 9--Miscellaneous
142D Unregistered rooming house
5 An owner of a building who is not a rooming
house owner, or that owner's agent, who has
reason to believe that the building is being
used as a rooming house but is not registered
in accordance with Division 4 of Part 6 of
10 the Public Health and Wellbeing Act 2008
as prescribed accommodation within the
meaning of that Act must notify the
municipal council of the district in which the
building is located.
15 Penalty: 20 penalty units.
Note
Section 67 of the Public Health and Wellbeing Act
2008 provides that it is an offence for the proprietor of
prescribed accommodation within the meaning of that
20 Act not to register that accommodation with the
Council.".
78 Application for compensation or compliance order
for breach of duty
At the end of section 209 of the Principal Act
25 insert--
"(2) Subject to section 105 of the Fair Trading
Act 1999, the Director may make an
application under this section on behalf of
the person who gave the notice without that
30 person's consent.".
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79 New section 289A inserted
After section 289 of the Principal Act insert--
"289A Notice by owner of building
(1) If an owner of a building who is not a
5 rooming house owner, or that owner's agent,
gives a notice to vacate to a lessee of the
building and the lessee is using the building
to operate a rooming house, the owner of the
building, or the owner's agent, must give a
10 notice to vacate to each resident of the
rooming house.
(2) The notice under subsection (1) must specify
a date for vacating the building that is not
less than 45 days after the date on which the
15 notice is given.
(3) The owner of the building, or the owner's
agent, must make reasonable enquiries to
identify each resident of the rooming house
for the purposes of giving a notice to vacate
20 under subsection (1).
(4) Despite section 506(3), a notice is taken to
be served on a resident of the rooming house
if a copy of the notice is affixed to the door
of the resident's room.
25 (5) If a notice to vacate is given under this
section, a resident of the rooming house--
(a) may continue to occupy the room in the
rooming house on the same terms as the
resident occupied the room in the
30 rooming house under the residency
right granted by the lessee of the
building who was the rooming house
owner; and
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(b) must pay rent to the owner of the
building for the notice period, unless
the resident can demonstrate that he or
she has paid rent for the notice period
5 to the lessee of the building.
(6) Nothing in this section imposes on the owner
of the building the rights, duties and
obligations of a rooming house owner under
Part 3.
10 (7) If the owner of a building, or the owner's
agent, exercises a right conferred by
subsection (1) in relation to a residency right,
Part 5 and Part 7 have effect as if a reference
to a rooming house owner included a
15 reference to the owner of the building.
(8) For the purposes of subsection (5), notice
period means the period--
(a) commencing on the day the owner of
the building, or the owner's agent, gives
20 the resident a notice to vacate; and
(b) ending on the day specified in the
notice to vacate on which the resident
must vacate the building.".
80 New section 399A inserted
25 After section 399 of the Principal Act insert--
"399A Director may make application without
consent--former rooming house residents
(1) The Director may make an application under
section 396, 397 or 399 on behalf of the
30 former resident of a rooming house or person
who has a lawful right to the goods or
documents referred to in section 396, 397 or
399 (as the case requires) without the
consent of the former resident or person who
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has a lawful right if the Director is satisfied
that it is in the public interest to do so.
(2) This section applies subject to section 105 of
the Fair Trading Act 1999.".
5 81 Functions of Director
In section 486 of the Principal Act--
(a) in paragraph (b)(ii) omit "on the written
application of a resident or a rooming house
owner,";
10 (b) after paragraph (c) insert--
"(ca) to report on an investigation under
paragraph (b)(ii) to any person to whom
the matter under investigation relates;".
82 Application of provisions of Fair Trading Act 1999
15 (1) After section 507A(1)(a) of the Principal Act
insert--
'(ab) the reference in section 121A(2) of the Fair
Trading Act 1999 to "premises that is used
for residential purposes" were taken to
20 exclude a common area within the meaning
of this Act in a rooming house.'.
(2) In section 507A(2) of the Principal Act after
"Sections" insert "106I,".
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Part 6--Caravan Parks and Movable Dwellings
s. 83
PART 6--CARAVAN PARKS AND MOVABLE DWELLINGS
83 New section 515A inserted
After section 515 of the Principal Act insert--
"515A Fire safety and emergency management
5 regulations
The Governor in Council may make
regulations for or with respect to all or any of
the following matters--
(a) the preparation of emergency
10 management plans for caravan parks;
(b) the form, content and display of
emergency management plans of
caravan parks, including emergency
procedures and preventative measures;
15 (c) the display of public emergency
warnings in caravan parks;
(d) the supply and maintenance of fire
safety equipment in caravan parks;
(e) standards for maintaining clear areas
20 within caravan parks for the purposes
of fire fighter access and fire
separation;
(f) fees for carrying out inspections and
preparing reports in respect of the fire
25 safety and emergency management
plans of caravan parks including--
(i) specific fees;
(ii) maximum or minimum fees;
(iii) maximum and minimum fees;
30 (iv) scales of fees proportionate with
the period of registration;
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(v) the payment of fees either
generally or under specified
conditions or in specified
circumstances;
5 (g) any other matters relating to the
regulation of fire safety and emergency
management plans in respect of
movable dwellings and caravan parks
that are necessary to give effect to this
10 Part.".
84 New Division 3A of Part 14 inserted
After Division 3 of Part 14 of the Principal Act
insert--
"Division 3A--Fire safety and emergency
15 management procedures
518A Definitions
In this Division--
emergency management plan means an
emergency management plan prepared
20 under section 518D;
emergency procedures means the emergency
procedures contained in an emergency
management plan;
preventative measures means the
25 preventative measures contained in an
emergency management plan;
public emergency warning means an
emergency warning issued to the
general public by an emergency
30 services agency for an emergency,
including a flood, bushfire, storm or
tsunami.
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518B Provision of fire fighting equipment
(1) A caravan park owner must provide fire
fighting equipment for the caravan park in
accordance with the regulations.
5 Penalty: 240 penalty units in the case of a
natural person;
1200 penalty units in the case of a
body corporate.
(2) A caravan park owner must ensure that the
10 fire fighting equipment is maintained to the
prescribed standard.
Penalty: 240 penalty units in the case of a
natural person;
1200 penalty units in the case of a
15 body corporate.
518C Space around movable dwellings and
adjacent structures
A caravan park owner must ensure that the
area of space around movable dwellings and
20 adjacent structures complies with the
prescribed standards for providing fire
fighter access and fire separation.
Penalty: 240 penalty units in the case of a
natural person;
25 1200 penalty units in the case of a
body corporate.
518D Emergency management plan and
emergency procedures
(1) A caravan park owner must not operate the
30 caravan park unless the caravan park owner
has prepared an emergency management
plan in accordance with the regulations.
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Penalty: 240 penalty units in the case of a
natural person;
1200 penalty units in the case of a
body corporate.
5 (2) A caravan park owner must display a copy of
the emergency procedures for the caravan
park in the prescribed manner.
Penalty: 240 penalty units in the case of a
natural person;
10 1200 penalty units in the case of a
body corporate.
(3) A caravan park owner must implement the
preventative measures for the caravan park.
Penalty: 240 penalty units in the case of a
15 natural person;
1200 penalty units in the case of a
body corporate.
(4) In the event of an emergency, a caravan park
owner must implement the relevant
20 emergency procedures for the caravan park.
Penalty: 240 penalty units in the case of a
natural person;
1200 penalty units in the case of a
body corporate.
25 518E Public emergency warnings
(1) If a public emergency warning is issued, a
caravan park owner must display a copy of
the public emergency warning in the
prescribed manner.
30 Penalty: 240 penalty units in the case of a
natural person;
1200 penalty units in the case of a
body corporate.
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(2) If a public emergency warning is issued, a
caravan park owner must implement the
relevant emergency procedures for the
caravan park.
5 Penalty: 240 penalty units in the case of a
natural person;
1200 penalty units in the case of a
body corporate.
518F Municipal council may issue notice
10 (1) If a municipal council determines that the
emergency management plan of a caravan
park does not comply with the prescribed
requirements, the municipal council may
issue a written notice to the caravan park
15 owner specifying--
(a) the changes to the emergency
management plan required in order to
comply with the prescribed
requirements; and
20 (b) a time for compliance with the notice,
being not less than 14 days from the
date of the notice.
(2) A caravan park owner who is issued with a
notice under subsection (1) must update the
25 emergency management plan in accordance
with that notice within the time period
specified in the notice.
Penalty: 240 penalty units in the case of a
natural person;
30 1200 penalty units in the case of a
body corporate.".
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85 Authorised persons
(1) In section 525(1) of the Principal Act, for
"Infrastructure" substitute "Planning and
Community Development".
5 (2) After section 525(2) of the Principal Act insert--
"(2A) The Chief Officer within the meaning of the
Country Fire Authority Act 1958 may,
either generally or in a particular case--
(a) exercise the powers set out in
10 section 526;
(b) authorise any officer or employee of the
Country Fire Authority to exercise the
powers set out in section 526.
(2B) The Chief Officer within the meaning of the
15 Metropolitan Fire Brigades Act 1958 may,
either generally or in a particular case--
(a) exercise the powers set out in
section 526;
(b) authorise any officer or employee of the
20 Metropolitan Fire and Emergency
Services to exercise the powers set out
in section 526.".
(3) In section 525(3) of the Principal Act for
"Infrastructure" substitute "Planning and
25 Community Development".
(4) After section 525(4) of the Principal Act insert--
"(4A) The Chief Officer within the meaning of the
Country Fire Authority Act 1958 must
issue an identity card to each person
30 authorised under subsection (2A).
(4B) The Chief Officer within the meaning of the
Metropolitan Fire Brigades Act 1958 must
issue an identity card to each person
authorised under subsection (2B).".
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(5) In section 525(5) of the Principal Act--
(a) in paragraph (d), for "purpose." substitute
"purpose; and";
(b) after paragraph (d) insert--
5 "(e) if the identity card is issued by the
Chief Officer within the meaning of the
Country Fire Authority Act 1958, be
signed by the Chief Officer; and
(f) if the identity card is issued by the
10 Chief Officer within the meaning of the
Metropolitan Fire Brigades Act 1958,
be signed by the Chief Officer.".
86 Powers of entry and inspection
In section 526(5) of the Principal Act for
15 "Infrastructure" substitute "Planning and
Community Development".
87 New section 526A inserted
After section 526 of the Principal Act insert--
"526A Report of inspection
20 (1) A person who is authorised under section
525(2A) or (2B), and who exercises a power
of entry and inspection under section 526,
must prepare a report of inspection.
(2) A report under subsection (1) must assess
25 whether the caravan park owner has
complied with--
(a) Division 3A; or
(b) any regulations made under
Division 3A.
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(3) A report under this section must be provided
within 10 days from the day of the inspection
to--
(a) the caravan park owner to whom the
5 report relates; and
(b) the municipal council in whose area the
caravan park is situated.".
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Part 7--Residential Tenancy Databases
s. 88
PART 7--RESIDENTIAL TENANCY DATABASES
88 New Part 10A inserted
After Part 10 of the Principal Act insert--
"PART 10A--RESIDENTIAL TENANCY
5 DATABASES
439A Definitions
In this Part--
database means a system, device or other
thing used for storing information,
10 whether electronically or in some other
form;
database operator means an entity that
operates a residential tenancy database;
inaccurate, in relation to personal
15 information in a residential tenancy
database, includes information that is
inaccurate because--
(a) the information indicates that the
person owes a landlord an amount
20 that is more than the bond; and
(b) the amount owed was paid to the
landlord more than 3 months after
the amount became due;
landlord includes--
25 (a) rooming house owner;
(b) caravan park owner;
(c) caravan owner;
(d) site owner;
(e) agent of a landlord or a person
30 referred to in paragraphs (a) to (d);
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list, personal information in a residential
tenancy database--
(a) means--
(i) enter the personal
5 information into the
database; or
(ii) give the personal information
to a database operator or
someone else for entry into
10 the database; and
(b) includes amend personal
information about a person in the
database to include additional
personal information about the
15 person;
out of date, in relation to personal
information in a residential tenancy
database, means the information is no
longer accurate because--
20 (a) for a listing made on the basis the
person owes a landlord an amount
that is more than the bond, the
amount owed was paid to the
landlord within 3 months after the
25 amount became due; or
(b) for a listing made on the basis the
Tribunal has made a possession
order, the order has been revoked
following a review of the making
30 of the order;
personal information means information
(including an individual's name) or an
opinion, whether true or not, about an
individual whose identity is apparent,
35 or can reasonably be ascertained, from
the information or opinion;
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Part 7--Residential Tenancy Databases
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rented premises includes room, site, caravan
and Part 4A dwelling;
residential tenancy database means a
database--
5 (a) containing personal information--
(i) relating to, or arising from,
the occupation of rented
premises under a tenancy
agreement; or
10 (ii) entered into the database for
reasons relating to, or arising
from, the occupation of
rented premises under a
tenancy agreement; and
15 (b) with an intended purpose of use
by landlords for checking a
person's tenancy history for
deciding whether a tenancy
agreement should be entered into
20 with the person;
tenancy agreement includes residency right
and site agreement;
tenant includes--
(a) resident; and
25 (b) site tenant; and
(c) former tenant, former resident or
former site tenant.
439B Application
This Part does not apply to a residential
30 tenancy database kept by an entity (including
a Department of the government of a State or
Territory) for use only by that entity or its
officers, employees or agents.
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439C Notice of usual use of database
(1) This section applies if--
(a) a person (the applicant) applies to a
landlord to enter into a tenancy
5 agreement; and
(b) the landlord usually uses one or more
residential tenancy databases for
deciding whether a tenancy agreement
should be entered into with a person.
10 (2) The landlord must, when the application is
made, give the applicant written notice
stating the following--
(a) the name of each residential tenancy
database the landlord usually uses, or
15 may use, for deciding whether a
tenancy agreement should be entered
into with a person;
(b) that the reason the landlord uses a
residential tenancy database referred to
20 in paragraph (a) is for checking an
applicant's tenancy history;
(c) for each residential tenancy database
referred to in paragraph (a), how
persons may contact the database
25 operator who operates the database and
obtain information from the operator.
Penalty: 20 penalty units.
(3) Subsection (2) applies in relation to a
residential tenancy database whether or not
30 the landlord intends to use the database for
deciding whether a tenancy agreement
should be entered into with the applicant.
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(4) However, the landlord is not required to give
the written notice referred to in subsection
(2) if a written notice stating the matters
referred to in that subsection was given to
5 the applicant not more than 7 days before the
application was made.
Example
The landlord gave a written notice stating the matters
referred to in subsection (2) to the applicant when the
10 applicant obtained the application form and that was
less than 7 days before the applicant made the
application.
439D Notice of listing if database used
(1) This section applies if--
15 (a) a person (the applicant) applies to a
landlord to enter into a tenancy
agreement; and
(b) the landlord uses a residential tenancy
database for checking whether personal
20 information about the applicant is in the
database; and
(c) personal information about the
applicant is in the database.
(2) The landlord must, as soon as possible but
25 within 7 days after using the database, give
the applicant a written notice stating--
(a) the name of the database; and
(b) that personal information about the
applicant is in the database; and
30 (c) the name of each person who listed the
personal information in the database;
and
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(d) how and in what circumstances the
applicant can have the personal
information removed or amended under
this Part.
5 Penalty: 20 penalty units.
(3) Subsection (2)(c) does not apply if the
residential tenancy database does not identify
the person who listed the personal
information in the database.
10 439E Listing can be made only for particular
breaches by particular persons
(1) A landlord or database operator must not list
personal information about a person in a
residential tenancy database unless--
15 (a) the person was named as a tenant in a
tenancy agreement that has ended; and
(b) the person has breached the tenancy
agreement or section 243, 244, 246,
248, 250, 253, 278, 279, 281, 282, 284,
20 302, 303, 305, 307, 309, 317X, 317Y,
317ZA, 317ZC or 317ZD; and
(c) because of the breach, either--
(i) the person owes the landlord an
amount that is more than the
25 bond; or
(ii) the Tribunal has made a
possession order; and
(d) the personal information--
(i) relates only to the breach; and
30 (ii) is accurate, complete and
unambiguous.
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(2) Without limiting subsection (1)(d)(ii), the
personal information must indicate the nature
of the breach.
Examples
5 1 An example of how personal information can
indicate the nature of a breach is including the
words "rent arrears" in personal information
about a person who has breached a tenancy
agreement by failing to pay rent.
10 2 An example of how personal information can
indicate the nature of a breach is including the
words "damage to premises" in the personal
information about a person who has breached a
tenancy agreement by damaging premises.
15 439F Further restriction on listing
(1) A landlord or database operator must not list
personal information about a person in a
residential tenancy database unless the
landlord or operator has, without charging a
20 fee--
(a) given the person a copy of the personal
information; or
(b) taken other reasonable steps to disclose
the personal information to the person.
25 Penalty: 20 penalty units.
(2) A landlord or database operator must not list
personal information about a person in a
residential tenancy database unless the
landlord or operator has given the person at
30 least 14 days to review the personal
information and make submissions--
(a) objecting to its entry into the database;
or
(b) about its accuracy, completeness and
35 clarity.
Penalty: 20 penalty units.
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(3) A landlord or database operator must not list
personal information about a person in a
residential tenancy database unless the
landlord or operator has considered any
5 submissions made under subsection (2).
Penalty: 20 penalty units.
(4) Subsections (1) and (2) do not apply if the
landlord or database operator cannot locate
the person after making reasonable enquiries.
10 (5) Subsections (2) and (3) do not apply--
(a) to information that, at the time of the
listing, is contained in publicly
available court or Tribunal records; or
(b) to a listing involving only an
15 amendment of personal information
about a person under section 439G.
439G Ensuring quality of listing--landlord's
obligation
(1) This section applies if a landlord who lists
20 personal information in a residential tenancy
database becomes aware that the information
is inaccurate, incomplete, ambiguous or out
of date.
(2) The landlord must, within 7 days, give
25 written notice of the following to the
database operator who keeps the database--
(a) if the information is inaccurate,
incomplete or ambiguous--
(i) that the information is inaccurate,
30 incomplete or ambiguous; and
(ii) how the information must be
amended so that it is no longer
inaccurate, incomplete or
ambiguous;
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(b) if the information is out of date, that the
information is out of date and must be
removed.
Penalty: 60 penalty units in the case
5 of a natural person;
300 penalty units in the case
of a body corporate.
Example
A landlord lists, in a residential tenancy database,
10 personal information about a tenant who owes the
landlord an amount that is more than the bond.
The tenant pays the amount owed to the landlord
more than 3 months after the amount became due.
The landlord must, within 7 days after the landlord
15 becomes aware of the payment, give the database
operator who keeps the database written notice of--
(a) the personal information being inaccurate; and
(b) the details of the payment to be included in the
personal information so that it is no longer
20 inaccurate.
(3) The landlord must keep a copy of the written
notice for one year after it was given under
subsection (2).
Penalty: 10 penalty units.
25 439H Ensuring quality of listing--database
operator's obligation
(1) This section applies if a landlord who has
listed personal information in a residential
tenancy database gives the database operator
30 who operates the database a written notice
stating that the personal information must
be--
(a) amended in a stated way to make it
accurate, complete and unambiguous;
35 or
(b) removed.
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(2) The database operator must amend the
personal information in the stated way, or
remove the personal information, within
14 days after the operator is given the written
5 notice.
Penalty: 60 penalty units in the case of a
natural person;
300 penalty units in the case of a
body corporate.
10 439I Providing copy of personal information
listed
(1) A landlord who lists personal information
about a person in a residential tenancy
database must, if asked in writing by the
15 person, give the person a copy of the
information within 14 days after the request
is made.
Penalty: 20 penalty units.
(2) A database operator must, if asked in writing
20 by a person whose personal information is in
the residential tenancy database kept by the
operator, give the person a copy of the
information within 14 days after the request
is made.
25 Penalty: 20 penalty units.
(3) If a landlord charges a fee for giving
personal information under subsection (1), or
a database operator charges a fee for giving
personal information under subsection (2),
30 the subsection applies only if the fee has
been paid.
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(4) A fee charged by a landlord for giving
personal information under subsection (1), or
by a database operator for giving personal
information under subsection (2)--
5 (a) must not be excessive; and
(b) must not apply to lodging a request for
accessing the information.
439J Notifying relevant non-parties of Tribunal
order about listing
10 (1) This section applies if--
(a) under section 439M, the Tribunal
makes an order that a person must, in
relation to a residential tenancy
database--
15 (i) amend personal information in a
stated way; or
(ii) remove all or particular personal
information about a person; and
(b) the person against whom the order is
20 made (the relevant person) is not a
party to the proceeding for the dispute.
(2) The Tribunal must ensure a copy of the order
is given to the relevant person.
439K Keeping personal information listed
25 (1) A database operator must not keep personal
information about a particular person in the
operator's residential tenancy database for
longer than--
(a) 3 years; or
30 (b) if, under the national privacy principles,
the operator of the database is required
to remove the personal information
before the 3 year period referred to in
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paragraph (a) ends, the period ending
when the information must be removed
under the national privacy principles.
Penalty: 60 penalty units in the case
5 of a natural person;
300 penalty units in the case
of a body corporate.
(2) However, a database operator may keep the
person's name in the operator's residential
10 tenancy database for longer than the period
stated in subsection (1)(a) or (b) if--
(a) other personal information about the
person in the database is attached to the
name; and
15 (b) the other personal information is not
required to be removed under
subsection (1) or another law.
(3) This section does not limit the operation of
this Part or a provision of another law that
20 requires the removal of the personal
information.
(4) In this section--
national privacy principles means the
principles stated in Schedule 3 of the
25 Privacy Act 1988 of the
Commonwealth.
439L Application to Tribunal for removal or
amendment of listing
(1) A person may apply to the Tribunal for an
30 order--
(a) prohibiting a landlord or a database
operator from listing personal
information about that person that a
landlord or database operator proposes
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to list on a residential tenancy database;
or
(b) requiring a landlord or a database
operator to amend personal information
5 about that person that is listed or to be
listed in a residential tenancy database;
or
(c) requiring a landlord or a database
operator to remove personal
10 information about that person that is
listed in a residential tenancy
database--
if the landlord or database operator fails to
comply with section 439D, 439E, 439F or
15 439G in relation to the listing of that
personal information.
(2) A person may apply to the Tribunal for an
order requiring a database operator to
remove personal information about that
20 person from a residential tenancy database if
the database operator has failed to comply
with section 439H or 439K in relation to the
listing of that personal information.
(3) An application may be made under this
25 section irrespective of whether the personal
information in respect of which the
application is made was listed in a residential
tenancy database before, on or after the
commencement of this Part.
30 Note
This section does not provide for claims for compensation.
If a court finds a person guilty of an offence or convicts a
person of an offence under this Part, a person who has
suffered injury as a direct result of the offence may apply to
35 the court for compensation under Division 2 of Part 4 of the
Sentencing Act 1991.
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439M What can the Tribunal order?
(1) If an application is made under section 439L,
the Tribunal may make an order--
(a) prohibiting a landlord or database
5 operator from listing personal
information about the applicant in a
residential tenancy database; or
(b) requiring a landlord or database
operator to amend personal information
10 about the applicant that is or is to be
listed in a residential tenancy database;
or
(c) requiring a landlord or database
operator to remove personal
15 information about the applicant that is
listed in a residential tenancy database.
(2) The Tribunal may make an order under
subsection (1) if the Tribunal determines
that--
20 (a) the landlord has not provided written
notice to the applicant in accordance
with section 439D(2); or
(b) the landlord or database operator has
listed personal information in the
25 residential tenancy database in
contravention of section 439E or 439F;
or
(c) the landlord has not provided written
notice in accordance with section 439G
30 in respect of personal information in the
residential tenancy database that the
landlord is aware is inaccurate,
incomplete, ambiguous or out of date;
or
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(d) the database operator has not amended
or removed personal information listed
in a residential tenancy database in
accordance with section 439H(2); or
5 __________________".
__________________
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Part 8--Miscellaneous Amendments
s. 89
PART 8--MISCELLANEOUS AMENDMENTS
Division 1--Penalties and offences
89 Tenancy agreements to be in standard form
For the penalty at the foot of section 26(2) of the
5 Principal Act substitute--
"Penalty: 10 penalty units.".
90 Copy of agreement to be made available to tenant
For the penalty at the foot of section 29(1) and (2)
of the Principal Act substitute--
10 "Penalty: 10 penalty units.".
91 Tenants with children
For the penalty at the foot of section 30(1) of the
Principal Act substitute--
"Penalty: 10 penalty units.".
15 92 What is the maximum bond?
For the penalty at the foot of section 31(1) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
93 Not more than one bond is payable in respect of
20 continuous occupation
For the penalty at the foot of section 34 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
94 Condition report
25 For the penalty at the foot of section 35(1) of the
Principal Act substitute--
"Penalty: 10 penalty units.".
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s. 95
95 Certain guarantees prohibited
For the penalty at the foot of section 37(1) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
5 96 Limit on rent in advance
For the penalty at the foot of section 40(1) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
97 Rent in advance under weekly tenancy agreement
10 For the penalty at the foot of section 41 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
98 Receipts for rent
For the penalty at the foot of section 43(1), (2)
15 and (2A) of the Principal Act substitute--
"Penalty: 10 penalty units.".
99 Tenant's good not to be taken for rent
For the penalty at the foot of section 49 of the
Principal Act substitute--
20 "Penalty: 20 penalty units.".
100 Application and holding deposits
For the penalty at the foot of section 50 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
25 101 Certain charges prohibited
For the penalty at the foot of section 51(1), (2)
and (3) of the Principal Act substitute--
"Penalty: 20 penalty units.".
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Part 8--Miscellaneous Amendments
s. 102
102 Landlord must not seek overpayment for utility
charge
For the penalty at the foot of section 56(1) of the
Principal Act substitute--
5 "Penalty: 20 penalty units.".
103 Landlord must give tenant certain information
For the penalty at the foot of section 66(1), (2), (3)
and (4) of the Principal Act substitute--
"Penalty: 20 penalty units.".
10 104 Landlord cannot ask for fee for giving consent
For the penalty at the foot of section 84(1) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
105 Offence relating to entering rented premises
15 For the penalty at the foot of section 91A of the
Principal Act substitute--
"Penalty: 20 penalty units.".
106 Notice to resident of residency right
For the penalty at the foot of section 92C(1) of the
20 Principal Act substitute--
"Penalty: 10 penalty units.".
107 Consent required for increase in room capacity
For the penalty at the foot of section 94B(1) of the
Principal Act substitute--
25 "Penalty: 60 penalty units.".
108 What is the maximum bond?
For the penalty at the foot of section 96 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
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Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 109
109 Condition report
For the penalty at the foot of section 97(1) of the
Principal Act substitute--
"Penalty: 10 penalty units.".
5 110 Limit on rent in advance
For the penalty at the foot of section 99 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
111 Receipts for rent
10 For the penalty at the foot of section 100(1), (2)
and (2A) of the Principal Act substitute--
"Penalty: 10 penalty units.".
112 Resident's goods not to be taken for rent
For the penalty at the foot of section 107 of the
15 Principal Act substitute--
"Penalty: 20 penalty units.".
113 Display of statement of rights and house rules
For the penalty at the foot of section 124 of the
Principal Act substitute--
20 "Penalty: 10 penalty units.".
114 Owner to give additional information
For the penalty at the foot of section 125(1), (2)
and (3) of the Principal Act substitute--
"Penalty: 60 penalty units.".
25 115 Duties relating to house rules
For the penalty at the foot of section 127(1) of the
Principal Act substitute--
"Penalty: 10 penalty units.".
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Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 116
116 Offence relating to entering room occupied by
resident
For the penalty at the foot of section 142A of the
Principal Act substitute--
5 "Penalty: 20 penalty units.".
117 Caravan park owner to notify prospective resident
of rights
For the penalty at the foot of section 145 of the
Principal Act substitute--
10 "Penalty: 10 penalty units.".
118 Payment of bond
For the penalty at the foot of section 146(3) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
15 119 What is the maximum bond?
For the penalty at the foot of section 147 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
120 Condition report
20 For the penalty at the foot of section 148(1) of the
Principal Act substitute--
"Penalty: 10 penalty units.".
121 Limit on rent or hiring charge in advance
For the penalty at the foot of section 150(1)
25 and (2) of the Principal Act substitute--
"Penalty: 20 penalty units.".
122 Receipts for rent or hiring charge
For the penalty at the foot of section 151(1), (2)
and (2A) of the Principal Act substitute--
30 "Penalty: 10 penalty units.".
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Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 123
123 Resident's goods not to be taken for rent or hiring
charges
For the penalty at the foot of section 160 of the
Principal Act substitute--
5 "Penalty: 20 penalty units.".
124 Owner must not seek overpayment for utility
charges
For the penalty at the foot of section 166(1) of the
Principal Act substitute--
10 "Penalty: 20 penalty units.".
125 Statement of rights and copy of park rules
For the penalty at the foot of section 182 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
15 126 Statement of scale of certain charges, fees and
commissions
(1) For the penalty at the foot of section 183(1) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
20 (2) For the penalty at the foot of section 183(2) of the
Principal Act substitute--
"Penalty: 10 penalty units.".
127 Owner to give additional information
For the penalty at the foot of section 184(1), (2)
25 and (3) of the Principal Act substitute--
"Penalty: 10 penalty units.".
128 Duties relating to caravan park rules
For the penalty at the foot of section 186(1) of the
Principal Act substitute--
30 "Penalty: 10 penalty units.".
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Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 129
129 Sale of caravan
(1) For the penalty at the foot of section 198(1) of the
Principal Act substitute--
"Penalty: 10 penalty units.".
5 (2) For the penalty at the foot of section 198(2) of the
Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
300 penalty units in the case of a body
10 corporate.".
130 Offence relating to entering a site or caravan
occupied by a resident
For the penalty at the foot of section 206A of the
Principal Act substitute--
15 "Penalty: 10 penalty units.".
131 Section 229 substituted
For section 229 of the Principal Act substitute--
"229 Offence to obtain possession etc. of
premises
20 (1) A landlord or a person acting on behalf of a
landlord must not, except in accordance with
this Act, require or compel or attempt to
compel the tenant under the tenancy
agreement to vacate the rented premises.
25 Penalty: 60 penalty units in the case of a
natural person;
300 penalty units in the case of a
body corporate.
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Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 132
(2) A landlord or a person acting on behalf of a
landlord must not, except in accordance with
this Act, obtain or attempt to obtain
possession of the rented premises by entering
5 them, whether the entry is peaceable or not,
unless there are reasonable grounds to
believe that the tenant has abandoned the
premises.
Penalty: 60 penalty units in the case of a
10 natural person;
300 penalty units in the case of a
body corporate.".
132 Prohibition on letting premises after notice
For the penalty at the foot of section 264(1) of the
15 Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
300 penalty units in the case of a body
corporate.".
20 133 Offences relating to interference with rights
For the penalty at the foot of section 273(1)
and (2) of the Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
25 300 penalty units in the case of a body
corporate.".
134 Rent payable on termination without notice
For the penalty at the foot of section 275(1) of the
Principal Act substitute--
30 "Penalty: 10 penalty units.".
561461B.I-11/8/2010 126 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 135
135 Prohibition on renting after notice
For the penalty at the foot of section 287(1) of the
Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
5 person;
300 penalty units in the case of a body
corporate.".
136 Offences relating to interference with rights
For the penalty at the foot of section 295 of the
10 Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
300 penalty units in the case of a body
corporate.".
15 137 Rent or hiring charge payable on termination
without notice
For the penalty at the foot of section 298(1)
and (2) of the Principal Act substitute--
"Penalty: 10 penalty units.".
20 138 Prohibition on hiring of caravans or renting of sites
after notice
For the penalty at the foot of section 313(1)
and (2) of the Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
25 person;
300 penalty units in the case of a body
corporate.".
139 Offence to re-enter rooming house, site or caravan
For the penalty at the foot of section 358(1)
30 and (2) of the Principal Act substitute--
"Penalty: 60 penalty units.".
561461B.I-11/8/2010 127 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 140
140 Offence to give notice to leave or purported notice to
leave without reasonable grounds
For the penalty at the foot of section 368A of the
Principal Act substitute--
5 "Penalty: 60 penalty units.".
141 Offence to remain on premises if given notice to
leave
For the penalty at the foot of section 369 of the
Principal Act substitute--
10 "Penalty: 20 penalty units.".
142 Offence to re-enter premises during suspension
For the penalty at the foot of section 372 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
15 143 Notice to principal registrar
For the penalty at the foot of section 373 of the
Principal Act substitute--
"Penalty: 60 penalty units.".
144 Offence to allow occupation of premises pending
20 application or hearing
For the penalty at the foot of section 377(1), (2)
and (3) of the Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
25 300 penalty units in the case of a body
corporate.".
561461B.I-11/8/2010 128 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 145
145 Reclaiming personal documents before disposal
For the penalty at the foot of section 382(2) of the
Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
5 person;
300 penalty units in the case of a body
corporate.".
146 Rightful owner may reclaim stored goods before
sale
10 For the penalty at the foot of section 389(2) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
147 Bond lodgement form
For the penalty at the foot of section 405(1)
15 and (4) of the Principal Act substitute--
"Penalty: 10 penalty units.".
148 Duty to pay bond to Authority
For the penalty at the foot of section 406 of the
Principal Act substitute--
20 "Penalty: 60 penalty units.".
149 Notice of assignment or transfer by landlord
For the penalty at the foot of section 424(1)
and (3) of the Principal Act substitute--
"Penalty: 20 penalty units.".
25 150 Notice of assignment or transfer by tenant
For the penalty at the foot of section 425(1) of the
Principal Act substitute--
"Penalty: 20 penalty units.".
561461B.I-11/8/2010 129 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 151
151 Tenant must not use bond as rent
For the penalty at the foot of section 428 of the
Principal Act substitute--
"Penalty: 20 penalty units.".
5 152 Offence to fail to comply with determination of
Tribunal
For the penalty at the foot of section 480(1) of the
Principal Act substitute--
"Penalty: 20 penalty units and 5 penalty units for
10 each day the non-compliance continues
after the time within which the person
is required to comply with the
determination, up to a maximum of 60
penalty units.".
15 153 Confidentiality
For the penalty at the foot of section 499(2) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
154 Offence to make false representation--tenancy
20 agreement or residency right
For the penalty at the foot of section 501 of the
Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
25 300 penalty units in the case of a body
corporate.".
561461B.I-11/8/2010 130 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 155
155 Offence to persuade person not to exercise rights or
take proceedings
For the penalty at the foot of section 502 of the
Principal Act substitute--
5 "Penalty: 60 penalty units in the case of a natural
person;
300 penalty units in the case of a body
corporate.".
156 Offence to aid, abet, counsel or procure commission
10 of offence
For the penalty at the foot of section 503 of the
Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
15 300 penalty units in the case of a body
corporate.".
157 Offence to give false information
For the penalty at the foot of section 504 of the
Principal Act substitute--
20 "Penalty: 60 penalty units in the case of a natural
person;
300 penalty units in the case of a body
corporate.".
158 Certain penalties prohibited
25 For the penalty at the foot of section 505(1), (2)
and (3) of the Principal Act substitute--
"Penalty: 60 penalty units in the case of a natural
person;
300 penalty units in the case of a body
30 corporate.".
561461B.I-11/8/2010 131 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 159
159 Application of provisions of Fair Trading Act 1999
Section 507A(1)(b) of the Principal Act is
repealed.
160 Regulations
5 In section 511(1)(h) of the Principal Act, for "10
penalty" substitute "20 penalty".
161 Additional powers
In section 516(b) of the Principal Act, for "10
penalty" substitute "20 penalty".
10 162 Compliance notice
For the penalty at the foot of section 522(3) of the
Principal Act substitute--
"Penalty: 120 penalty units.".
163 Closure order
15 For the penalty at the foot of section 523(3) of the
Principal Act substitute--
"Penalty: 120 penalty units.".
Division 2--Miscellaneous amendments to Principal Act
164 Definition of GST
20 In section 3(1) of the Principal Act insert the
following definition--
"GST has the same meaning as it has in the A
New Tax System (Goods and Services Tax)
Act 1999 of the Commonwealth except that
25 it includes notional GST of the kind for
which payments may be made under Part 3
of the National Taxation Reform
(Consequential Provisions) Act 2000 by a
person that is a State entity within the
30 meaning of that Act;".
561461B.I-11/8/2010 132 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 165
165 Urgent repairs to rented premises and applications
to Tribunal
(1) In section 72(2)(b) of the Principal Act after
"$1000" insert "(which includes any amount in
5 respect of any GST payable on the supply to
which the urgent repairs relate)".
(2) In section 73(1)(b) of the Principal Act after
"$1000" insert "(which includes any amount in
respect of any GST payable on the supply to
10 which the urgent repairs relate)".
166 Urgent repairs to rooming house and applications to
Tribunal
(1) In section 129(2)(b) of the Principal Act after
"$1000" insert "(which includes any amount in
15 respect of any GST payable on the supply to
which the urgent repairs relate)".
(2) In section 130(1)(b) of the Principal Act after
"$1000" insert "(which includes any amount in
respect of any GST payable on the supply to
20 which the urgent repairs relate)".
167 Urgent repairs to caravans and applications to
Tribunal
(1) In section 188(2)(b) of the Principal Act after
"$1000" insert "(which includes any amount in
25 respect of any GST payable on the supply to
which the urgent repairs relate)".
(2) In section 189(1)(b) of the Principal Act after
"$1000" insert "(which includes any amount in
respect of any GST payable on the supply to
30 which the urgent repairs relate)".
168 Regulations
After section 511(3)(b) of the Principal Act
insert--
"(ba) apply at all times or specified times;
561461B.I-11/8/2010 133 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 8--Miscellaneous Amendments
s. 168
"(bb) require matters in the regulations to be--
(i) in accordance with specified standards
or specified requirements; or
(ii) approved by, or to the satisfaction of, a
5 specified person or body or specified
classes of person or body; or
(iii) as specified in both subparagraphs (i)
and (ii);
(bc) apply, adopt or incorporate any matter
10 contained in any document or any method,
whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated or published on or before
15 the date when the regulations are made;
or
(iii) as formulated or published from time to
time;
(bd) confer a discretionary authority or impose a
20 duty on a specified person or body or
specified classes of person or body;
(be) provide for the exemption of a person or
thing or classes of person or thing from any
of the regulations, whether--
25 (i) unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent as is
specified;".
__________________
561461B.I-11/8/2010 134 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 9--Consequential Amendments to Other Acts
s. 169
PART 9--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
Division 1--Duties Act 2000
169 Powers of the Director in relation to proceedings on
5 behalf of consumers
For section 49(2)(a) of the Duties Act 2000 See:
Act No.
substitute-- 79/2000.
Reprint No. 7
"(a) site has the same meaning as it has in as at
7 July 2009
the Residential Tenancies Act 1997 and
10 and includes a Part 4A site under that amending
Act Nos
Act; and 84/2008,
4/2009,
(ab) caravan has the same meaning as it has 69/2009,
in the Residential Tenancies Act 1997 74/2009,
1/2010,
and includes a Part 4A dwelling under 6/2010,
15 that Act; and 11/2010 and
36/2010.
(ac) caravan park has the same meaning as LawToday:
www.
it has in the Residential Tenancies Act legislation.
1997; and". vic.gov.au
561461B.I-11/8/2010 135 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 9--Consequential Amendments to Other Acts
s. 171
Division 2--Fair Trading Act 1999
170 Powers of the Director in relation to proceedings on
behalf of consumers
See: (1) In section 105(3) of the Fair Trading Act 1999--
Act No.
16/1999.
5 Reprint No. 4
(a) in paragraph (b), for "consent." substitute
as at "consent; or";
11 June 2009
and (b) after paragraph (b) insert--
amending
Act Nos "(c) the proceedings are instituted,
45/2009,
68/2009, continued or defended under a
10 1/2010,
11/2010 and
provision of an Act that expressly
21/2010. provides that the consent of the person
LawToday: on whose behalf the proceedings are
www.
legislation. instituted, continued or defended is not
vic.gov.au required for the purposes of this
15 section.
Note
See, for example, sections 209 and 399A of the
Residential Tenancies Act 1997.".
(2) In section 105(4) of the Fair Trading Act 1999,
20 for "subsection (3)" substitute "subsection (3)(a)
or (b)".
171 Proceedings and costs
In section 106(1A) and (1B) of the Fair Trading
Act 1999 after "a person" insert "without that
25 person's consent or".
__________________
561461B.I-11/8/2010 136 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Part 10--Repeal of Amending Act
s. 172
PART 10--REPEAL OF AMENDING ACT
172 Repeal of amending Act
This Act is repealed on 31 March 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561461B.I-11/8/2010 137 BILL LA INTRODUCTION 11/8/2010
Residential Tenancies Amendment Bill 2010
Endotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561461B.I-11/8/2010 138 BILL LA INTRODUCTION 11/8/2010
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