Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 183

After Division 1 of Part 4A of the Principal Act insert —

" Division 1A—Discrimination in relation to site agreements

        206JB     Site agreement application forms must include prescribed information

A site owner or that person's agent must not provide a person with an application form to apply to enter into a site agreement unless the application form includes a statement that contains the prescribed information.

        206JC     Site owner must not unlawfully discriminate against another person by refusing to let Part 4A site

    (1)     A site owner must not contravene section 52 of the Equal Opportunity Act 2010 by refusing to let a person a Part 4A site on the basis of an attribute set out in section 6 of that Act.

    (2)     A site owner must not instruct or permit that person's agent to refuse to let a person a Part 4A site on the basis of an attribute set out in section 6 of the Equal Opportunity Act 2010 .

Note

Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the site owner or that person's agent in contravention of this Division.

Division 1B—Disclosures and representations prior to entering into site agreements

        206JD     Restriction on use of personal information provided by prospective site tenants

A site owner or that person's agent must not use personal information disclosed by a person on an application form to apply to enter into a site agreement unless the use is for—

        (a)     the purposes of assessing the person's suitability as a site tenant; or

        (b)     another purpose required by this Act.

        206JE     Site owner must not request prescribed information from applicants

A site owner or that person's agent must not request a person who applies to enter into a site agreement to disclose the prescribed information.

        206JF     Information that site owners must disclose before entering into site agreements

    (1)     Before entering into a site agreement, a site owner must disclose the following information to the site tenant—

        (a)     if the site owner has engaged an agent to sell the Part 4A park or Part 4A site or prepared a contract of sale, that there is a proposal to sell the Part 4A park or Part 4A site;

        (b)     if the site owner is not the freehold owner of the land on which the Part 4A park is situated—

              (i)     the nature of the site owner's interest in the land; and

              (ii)     any limitations on the site owner's ability to grant interests in the land to the site tenant;

        (c)     if a mortgagee has commenced a proceeding to enforce a mortgage over the Part 4A park or Part 4A site, that a mortgagee is taking action for possession of the Part 4A park or Part 4A site;

        (d)     if the site owner is not the owner of the Part 4A park, that the site owner has a right to let the Part 4A site;

        (e)     if the site is separately metered for the supply of electricity and the Part 4A park or Part 4A site is supplied with electricity from an embedded electricity network, the details of the embedded electricity network;

        (f)     any other prescribed information in relation to the Part 4A park or Part 4A site.

    (2)     A disclosure under this section must be in the form approved by the Director.

        206JG     Offence to enter into certain agreements about Part 4A park land

    (1)     Subject to subsection (2), a site owner who is not the freehold owner of the land on which a Part 4A site is situated must not enter into a site agreement with a site tenant that is for a period of occupancy which exceeds the expiry date of the lease.

Penalty:     60 penalty units.

    (2)     For the purpose of subsection (1), an option to extend or renew the lease in the lease held by the site owner is not to be taken into account in determining the expiry date of the lease.

Note

A site tenant may apply to the Tribunal under section 452(3AD) in respect of a breach to disclose information required under this section.".