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RESIDENTIAL TENANCIES ACT 1997 - SECT 498F

Agreement for provision of SDA enrolled dwelling

    (1)     Subject to subsection (4), for the purposes of providing an SDA enrolled dwelling to an SDA resident in accordance with this Part, an SDA provider must—

        (a)     enter into an SDA residency agreement with the SDA resident before the SDA resident occupies the SDA enrolled dwelling; or

        (b)     work with the SDA resident in accordance with section 498G to establish an SDA residency agreement before the SDA resident occupies the SDA enrolled dwelling.

    (2)     An SDA resident must sign an SDA residency agreement entered into under subsection (1)(a).

    (3)     An SDA residency agreement referred to in subsection (1)(b) is taken to be established when—

        (a)     the SDA provider has complied with section 498G; and

        (b)     the SDA residency agreement is given to the SDA resident in accordance with section 498H.

    (4)     An SDA provider is not required to comply with subsection (1) if the SDA provider is also an SDA resident and the sole occupant of the SDA enrolled dwelling.

S. 498F(5) inserted by No. 19/2019 s. 157.

    (5)     An SDA provider must give the Director written notice of any SDA residency agreement entered into under subsection (1)(a) or that is taken to be established under subsection (3) within 14 days of the agreement being entered into or established.

Penalty:     60 penalty units.

S. 498F(6) inserted by No. 19/2019 s. 157.

    (6)     A written notice specified in subsection (5) must state the following details—

        (a)     the name and contact details of the SDA provider who has entered into or established the SDA residency agreement;

        (b)     the address of the SDA enrolled dwelling being provided by the SDA provider under the SDA residency agreement;

        (c)     the term of the SDA residency agreement.

S. 498G inserted by No. 38/2018 s. 293.



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