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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 132

Condition report

    (1)     For section 148(1) of the Principal Act substitute

    "(1)     Before a resident enters into occupation of the site or the caravan, a caravan park owner or a caravan owner must give the resident 2 copies of a condition report signed by or on behalf of the caravan park owner or caravan owner specifying the state of repair and general condition of the site, including any fixtures or connections to the site, or the caravan (as the case requires), on the day specified in the report.

Penalty:     25 penalty units.

    (1A)     For the purposes of subsection (1), a caravan park owner or a caravan owner, as the case requires, is deemed to give 2 copies of a condition report to the resident if the caravan park owner or the caravan owner gives the resident an electronic copy of the condition report.

    (1B)     A condition report must be in the prescribed form.".

    (2)     In section 148(2) of the Principal Act for "3" substitute "5".

    (3)     After section 148(2) of the Principal Act insert

    "(3)     A resident who is not given a condition report within the period referred to in subsection (1) may complete a condition report and give it to the caravan park owner or the caravan owner (or the agent of either of those persons), during the period between inspecting the site or the caravan and 5 business days after entering into occupation of the site or the caravan.

    (4)     A copy of the condition report that is completed under subsection (1) or (3) is to be retained by the caravan park owner or the caravan owner (as the case requires) and the resident.

    (5)     Within 10 days after the end of an agreement under section 144, the caravan park owner, or the caravan owner, or that person's agent (as the case requires), must complete the copy of the condition report retained by the caravan park owner, or the caravan owner, or the resident under this section—

        (a)     in the presence of the other party; or

        (b)     in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.

Note

Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 .".



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