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Residential Tenancies Amendment
(Public Housing) Bill 2011
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill, which is to amend the
Residential Tenancies Act 1997 to allow the Director of
Housing to issue a notice to vacate to a tenant of the Director of
Housing who carries out certain illegal activities on the premises
rented by the tenant from the Director of Housing, or in common
areas of the land on which the rented premises are located.
Clause 2 provides for the commencement of the Bill. The Bill comes into
operation on the day it receives the Royal Assent.
Clause 3 inserts new sections 250A and 250B into the Residential
Tenancies Act 1997.
New section 250A
New section 250A(1) gives the Director of Housing the ability to
issue to a tenant a notice to vacate premises rented by the tenant
from the Director of Housing if the tenant has engaged in any of
the following illegal activities--
trafficking or attempted trafficking in a drug of
dependence;
supplying a drug of dependence to a person under the
age of 18 years;
possessing a preparatory item with the intention of using
it for the purpose of trafficking in a drug of dependence;
571026 1 BILL LA INTRODUCTION 22/3/2011
possessing, without a lawful excuse, a tablet press or
precursor chemical;
cultivating or attempting to cultivate a narcotic plant.
The notice may only be issued if the tenant has engaged in any of
the above illegal activities on premises rented by the tenant from
the Director of Housing, or in common areas of the land on
which the rented premises is located.
The effect of this provision is that the Director of Housing may
give a tenant a notice to vacate under new section 250A(1) even
if the tenant has not been charged with, or found guilty of, an
offence arising from the relevant illegal activity. Therefore, the
Director of Housing may issue a notice to vacate under new
section 250A(1) if the Director of Housing believes on
reasonable grounds that the tenant has engaged in the relevant
illegal activity on the rented premises or in a common area.
New section 250A(2) provides that any notice issued by the
Director of Housing under new section 250A(1) must include a
termination date which is 14 days or more after the date on which
the notice is given to the tenant.
New section 250A(3) defines certain terms that are used in
section 250A by reference to terms defined, and expressions
used, in the Drugs, Poisons and Controlled Substances Act
1981.
New section 250B
New section 250B(1) gives the Director of Housing the ability to
issue to a tenant a notice to vacate premises rented by the tenant
from the Director of Housing if the tenant has committed an
indictable offence prescribed by the regulations on the rented
premises or in a common area.
The effect of this provision is that the Director of Housing may
give a tenant a notice to vacate under new section 250B(1) even
if the tenant has not been charged for the relevant indictable
offence. Therefore, the Director of Housing may issue a notice to
vacate under new section 250B(1) if the Director of Housing
believes on reasonable grounds that the tenant has committed an
indictable offence prescribed by the regulations on the rented
premises or in a common area.
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New section 250B(2) provides that any notice issued by the
Director of Housing under new section 250B(1) must include a
termination date which is 14 days or more after the date on which
the notice is given to the tenant.
New section 250B(3) clarifies that the words "committed a
prescribed indictable offence" in subclause (1) do not require that
the tenant be convicted or found guilty of the relevant indictable
offence in order for the Director of Housing to be entitled to give
the tenant a notice to vacate under new section 250B(1).
New section 250B(3) addresses a doubt that potentially arises
regarding new section 250B(1) because that section uses the
phrase "committed a prescribed indictable offence". This issue
does not arise in section 250 or new section 250A where that
phrase does not appear.
Clause 4 provides for the repeal of the Bill on the first anniversary of the
day the Bill receives the Royal Assent. In accordance with
section 15(1) of the Interpretation of Legislation Act 1984, the
repeal of the Bill will not affect the amendments made by the Bill
to the Residential Tenancies Act 1997.
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