Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Residential Tenancies Amendment Bill 2023
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Residential Tenancies
Act 1987 amended
3. Act amended 3
4. Section 3 amended 3
5. Section 3A inserted 6
3A. References to residential premises or
premises 6
6. Section 8 amended 7
7. Section 9 amended 7
8. Sections 10 and 11 replaced 8
10. Delegation 8
11. Protection from liability 8
9. Section 11AA inserted 9
11AA. Disclosure of bond information 9
10. Section 11A amended 10
11. Part III Division 1 inserted 10
Division 1 -- Provisions relating to applications
made or referred to Commissioner
11C. Application of Division 10
11D. Parties to application 11
11E. Disputed tenancy matters 11
11F. Notice of application and invitation to
make submissions 11
11G. Commissioner may require further
information 12
11H. False or misleading information 13
11I. Deciding application 13
11J. Notice of Commissioner's decision 14
140--1 page i
Residential Tenancies Amendment Bill 2023
Contents
11K. Commissioner may publish decision and
reasons 14
11L. Commissioner may decline to decide
application and refer parties to
Magistrates Court 15
12. Part III Division 2 heading inserted 16
Division 2 -- Disputes determined by Magistrates
Court
13. Section 12 amended 16
14. Section 13C inserted 17
13C. Appeals from decisions of Commissioner 17
15. Section 15 amended 18
16. Section 18A inserted 19
18A. Notice of intention to dispute application
for release of security bond 19
17. Part III Division 3 inserted 20
Division 3 -- Retaliatory action taken by lessor
26A. Retaliatory action 20
26B. Retaliatory action taken by lessor 20
18. Section 27A replaced 22
27A. Written residential tenancy agreement to
be in approved form 22
19. Section 27B amended 22
20. Section 27C amended 23
21. Section 27 amended 23
22. Section 27AA inserted 24
27AA. Residential tenancy must be offered for
rent at fixed amount 24
23. Section 28 amended 24
24. Section 29 amended 25
25. Section 30 amended 26
26. Section 31A amended 26
27. Section 31B replaced 27
31B. When residential tenancy agreement is
continuation of existing residential tenancy
agreement 27
28. Section 31 amended 28
29. Part IV Division 2 heading amended 29
30. Section 46 amended 29
31. Section 47 deleted 29
32. Section 49A amended 29
page ii
Residential Tenancies Amendment Bill 2023
Contents
33. Part IV Divisions 2A and 2B inserted 30
Division 2A -- Standard terms related to keeping
pets
50A. Keeping pet at residential premises 30
50B. Request for consent to keep pet at
premises 31
50C. Conditions for approval to keep pet at
premises 32
50D. Grounds for refusing pet being kept at
premises 33
50E. Lessor's application for approval to
refuse consent to keep pet at premises 33
50F. Lessor's application for approval to
impose conditions on consent to keep pet
at premises 34
50G. Tenant's application for order that refusal
not permitted 35
50H. Tenant's application for order that
conditions imposed on consent are
unreasonable 35
50I. Tenant responsible for pet 36
Division 2B -- Standard terms related to
modifications to premises
Subdivision 1 -- Modifications by tenant to prevent
furniture from falling
50J. Tenant may attach furniture to wall for
safety of child or person with disability 36
50K. Request for consent to make furniture
safety modification 37
50L. Grounds for refusing tenant's request to
make furniture safety modification 38
Subdivision 2 -- Modifications by tenant to prevent
entry to premises in circumstances of family
violence
50M. Tenant may make prescribed modification
to prevent entry in circumstances of family
violence 38
Subdivision 3 -- Minor modifications made by tenant
50N. Tenant may make minor modification to
premises 40
50O. Request for approval to make minor
modification 40
50P. Conditions for consent to make minor
modification 42
50Q. Grounds for refusing tenant's request to
make minor modification 42
page iii
Residential Tenancies Amendment Bill 2023
Contents
50R. Refusal of consent to make modification
needed for disability access prohibited 43
50S. Lessor's application for approval to refuse
consent for minor modification 43
50T. Lessor's application for approval to
impose conditions on consent for minor
modification 44
50U. Tenant's application for order that refusal
not permitted 45
50V. Tenant's application for order that
conditions imposed on consent are
unreasonable 45
Subdivision 4 -- Other modifications
50W. When tenant may make other
modifications to premises 46
50X. Lessor may make modification to
premises 47
50Y. Request for approval to make modification 48
50Z. Refusal of consent to modification needed
for disability access prohibited 49
Subdivision 5 -- Tenant's responsibilities in relation
to modifications to premises
50ZA. Purpose of Subdivision 49
50ZB. Tenant bears costs of modification and
responsibility for repairs 49
50ZC. Modification to have regard to age and
character of premises 50
50ZD. Tenant must remove modification and
restore premises 50
50ZE. Tenant responsible for damage caused by
making or removing modification or
restoring premises 51
34. Section 64 amended 52
35. Section 71AB amended 52
36. Section 71 amended 52
37. Section 76A amended 53
38. Section 76BA inserted 53
76BA. Order about payment of security bond 53
39. Section 77 amended 54
40. Section 79 amended 54
41. Section 81A amended 54
42. Section 81B amended 54
page iv
Residential Tenancies Amendment Bill 2023
Contents
43. Part 5A inserted 55
Part 5A -- Release of security bond
Division 1 -- Application for release
81C. Application for release of security bond 55
81D. Application for partial release of security
bond 56
81E. Amounts for which lessor is entitled to
payment from security bond 57
81F. Notice of security bond release application
to other parties 58
81G. Agreeing to security bond release
application 59
81H. Disputing security bond release
application 60
81I. Referral of security bond release
application to Commissioner for decision 60
81J. Withdrawing dispute of application 61
Division 2 -- Payment of security bond
81K. Payment of security bond with agreement
of all parties 62
81L. Payment of security bond following
referral of application to Commissioner 62
81M. Paying amount of bond assistance loan to
Housing Authority 63
81N. Payment of security bond in accordance
with order of competent court 64
Division 3 -- Security bond release application
decided by Commissioner
81O. Application of Division 64
81P. Known party to residential tenancy
agreement 65
81Q. Notice of receipt of security bond release
application 65
81R. Deciding security bond release application 66
81S. When Commissioner is not required to
decide security bond release application 66
Division 4 -- General
81T. Unclaimed security bonds 67
44. Section 82A amended 68
45. Sections 86A and 86B inserted 68
86A. Provisions imposing obligation to act on
lessor or property manager 68
86B. Agency of lessor's property manager not
limited 68
46. Section 88C inserted 69
88C. Approved forms 69
page v
Residential Tenancies Amendment Bill 2023
Contents
47. Section 88 amended 69
48. Part VII heading replaced 69
Part 7 -- Savings and transitional provisions
49. Part VII Division 1 heading replaced 70
Division 1 -- Savings and transitional provisions
relating to Residential Tenancies Amendment
Act 2011
50. Part VII Division 2 heading deleted 70
51. Section 92 amended 70
52. Part VII Division 3 heading deleted 70
53. Part 8 heading deleted 70
54. Part VII Division 2 heading inserted 70
Division 2 -- Transitional provision relating to
Consumer Protection Legislation Amendment
Act 2019
55. Part 7 Division 3 inserted 71
Division 3 -- Transitional provisions relating to
Residential Tenancies Amendment Act 2023
99. Variation of rent for fixed term residential
tenancy agreement entered before
commencement 71
100. Variation of rent for residential tenancy
agreement, other than fixed term
agreement, entered before
commencement 71
101. Application of Pt. 5A in relation to existing
residential tenancy agreements 72
102. Existing authorised agents of bond
administrator 73
103. Validation of r. 12BA and 12CA 73
56. Schedule 1 clause 1 deleted 74
57. Schedule 1 clause 3 amended 74
58. Schedule 1 clause 4 amended 75
59. Schedule 1 Division 2 deleted 75
60. Schedule 1 clause 10 amended 75
61. Schedule 1 clause 11 amended 76
Part 3 -- Residential Parks (Long-stay
Tenants) Act 2006 amended
62. Act amended 77
63. Section 22 amended 77
64. Section 95 amended 77
page vi
Residential Tenancies Amendment Bill 2023
Contents
65. Part 7 Division 4 inserted 77
Division 4 -- Validation provision for Residential
Tenancies Amendment Act 2023
117. Validation of r. 13A and 22 77
page vii
Western Australia
LEGISLATIVE ASSEMBLY
Residential Tenancies Amendment Bill 2023
A Bill for
An Act to amend the Residential Tenancies Act 1987 and to make
consequential amendments to the Residential Parks (Long-stay
Tenants) Act 2006.
The Parliament of Western Australia enacts as follows:
page 1
Residential Tenancies Amendment Bill 2023
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Residential Tenancies Amendment Act 2023.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 3
1 Part 2 -- Residential Tenancies Act 1987 amended
2 3. Act amended
3 This Part amends the Residential Tenancies Act 1987.
4 4. Section 3 amended
5 (1) In section 3 insert in alphabetical order:
6
7 approved form means a form approved under
8 section 88C;
9 assistance animal means --
10 (a) an assistance dog as defined in the Dog
11 Act 1976 section 8(1); or
12 (b) an animal accredited, under a law of a State or
13 Territory or by an animal training organisation,
14 to assist a person with disability in relation to
15 the person's disability; or
16 (c) an animal trained --
17 (i) to assist a person with disability in
18 relation to the person's disability; and
19 (ii) to meet standards of hygiene and
20 behaviour that are appropriate for an
21 animal in a public place;
22 community titles scheme has the meaning given in the
23 Community Titles Act 2018 section 3(1);
24 disability means a disability --
25 (a) which is attributable to an intellectual,
26 psychiatric, cognitive, neurological, sensory or
27 physical impairment or a combination of those
28 impairments; and
29 (b) which is permanent or likely to be permanent;
30 and
page 3
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 4
1 (c) which may or may not be of a chronic or
2 episodic nature; and
3 (d) which results in a substantially reduced
4 capacity of the person for communication,
5 social interaction, learning or mobility;
6 disputed tenancy matter has the meaning given in
7 section 11E(1);
8 furniture safety modification has the meaning given in
9 section 50J(2);
10 Housing Authority has the meaning given in
11 section 71A;
12 known party, for Part 5A Division 3, has the meaning
13 given in section 81P;
14 major modification, in relation to premises, has the
15 meaning given in section 50W(1);
16 minor modification, in relation to premises, means a
17 modification to the premises of a minor nature
18 prescribed for this definition;
19 modification, in relation to residential premises,
20 includes --
21 (a) an alteration or renovation of, or addition to,
22 the premises; and
23 (b) attaching a thing to the premises;
24 notice of dispute, of a security bond release
25 application, has the meaning given in section 81H(2);
26 notice period, in relation to a security bond release
27 application, has the meaning given in section 81F(4);
28 original condition means --
29 (a) in relation to residential premises that have
30 been modified -- the condition of the premises
31 before the modification was made, fair wear
32 and tear excepted; or
page 4
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 4
1 (b) in relation to residential premises that have
2 been damaged -- the condition of the premises
3 before the damage occurred, fair wear and tear
4 excepted;
5 party --
6 (a) in relation to a residential tenancy agreement --
7 means each of the following --
8 (i) the lessor under the agreement;
9 (ii) if there is 1 tenant under the
10 agreement -- the tenant under the
11 agreement;
12 (iii) if there are 2 or more co-tenants under
13 the agreement -- each co-tenant under
14 the agreement;
15 or
16 (b) in relation to an application to which Part III
17 Division 1 applies -- has the meaning given in
18 section 11D;
19 personal information means information (including an
20 individual's name) or an opinion, whether true or not,
21 about an individual whose identity is apparent, or can
22 reasonably be ascertained, from the information or
23 opinion;
24 pet means an animal other than an assistance animal;
25 retaliatory action has the meaning given in
26 section 26A;
27 scheme by-laws --
28 (a) in the case of a community titles scheme -- has
29 the meaning given in the Community Titles
30 Act 2018 section 3(1); or
31 (b) in the case of a strata titles scheme -- has the
32 meaning given in the Strata Titles
33 Act 1985 section 3(1);
page 5
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 5
1 security bond release application has the meaning
2 given in section 81C(1);
3 State Register of Heritage Places means the register
4 established and maintained under the Heritage
5 Act 2018 section 35;
6 strata company has the meaning given in the Strata
7 Titles Act 1985 section 3(1);
8 strata titles scheme has the meaning given in the Strata
9 Titles Act 1985 section 3(1);
10
11 (2) In section 3 in the definition of property manager paragraph (a)
12 after "licensed" insert:
13
14 or registered
15
16 (3) In section 3 in the definition of security bond after "means an
17 amount" insert:
18
19 paid or
20
21 5. Section 3A inserted
22 After section 3 insert:
23
24 3A. References to residential premises or premises
25 (1) In a provision of this Act that relates to a residential
26 tenancy agreement, a reference to the residential
27 premises, or the premises, is taken to be a reference to
28 the residential premises for which a right to occupy is
29 granted under the agreement.
page 6
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 6
1 (2) For the purposes of subsection (1), a provision of this
2 Act that refers to a lessor or a tenant is taken to be a
3 provision that relates to the residential tenancy
4 agreement to which the lessor or the tenant is a party.
5
6 6. Section 8 amended
7 In section 8(1):
8 (a) in paragraph (b) after "of reports" insert:
9
10 and guidelines
11
12 (b) in paragraph (e) delete "not." and insert:
13
14 not;
15
16 (c) after paragraph (e) insert:
17
18 (f) another function conferred or imposed on the
19 Commissioner by this Act;
20 (g) another function prescribed for the
21 Commissioner.
22
23 7. Section 9 amended
24 Delete section 9(1A).
page 7
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 8
1 8. Sections 10 and 11 replaced
2 Delete sections 10 and 11 and insert:
3
4 10. Delegation
5 (1) The Commissioner may delegate any power or duty of
6 the Commissioner under another provision of this Act
7 to another employee of the Department.
8 (2) The bond administrator may delegate any power or
9 duty of the bond administrator under another provision
10 of this Act to another employee of the Department.
11 (3) The delegation must be in writing signed by the
12 Commissioner or bond administrator, as the case
13 requires.
14 (4) A person to whom a power or duty has been delegated
15 under this section cannot delegate that power or duty.
16 (5) A person exercising a power or performing a duty that
17 has been delegated to the person under this section is
18 taken to do so in accordance with the terms of the
19 delegation unless the contrary is shown.
20 (6) Nothing in this section limits the ability of the
21 Commissioner or the bond administrator to perform a
22 power or duty through an officer or agent.
23 11. Protection from liability
24 (1) A person is not liable for anything that the person has
25 done, in good faith, in the performance or purported
26 performance of a function under this Act.
27 (2) The State is also relieved of any liability that it might
28 have had for another person having done anything
29 described in subsection (1).
page 8
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 9
1 (3) The protection given by this section applies even
2 though the thing done as described in subsection (1)
3 may have been capable of being done whether or not
4 this Act had been enacted.
5 (4) In this section, a reference to doing a thing includes a
6 reference to omitting to do the thing.
7
8 9. Section 11AA inserted
9 After section 11 insert:
10
11 11AA. Disclosure of bond information
12 (1) In this section --
13 bond information means information held by, or on
14 behalf of, the bond administrator relating to, or arising
15 from, the payment to the bond administrator of --
16 (a) the security bond for a residential tenancy
17 agreement; or
18 (b) a tenant compensation bond payable under a
19 tenant compensation order;
20 relevant entity means each of the following --
21 (a) the chief executive officer of the Department;
22 (b) the Commissioner;
23 (c) the Housing Authority;
24 (d) the Magistrates Court.
25 (2) The bond administrator may disclose bond information,
26 including personal information, to a relevant entity to
27 the extent the information is required by the relevant
28 entity in the course of the entity's duties or functions.
page 9
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 10
1 (3) The bond administrator may enter into an arrangement
2 with a relevant entity for the purposes of facilitating the
3 disclosure of information under subsection (2).
4
5 10. Section 11A amended
6 Delete section 11A(2)(b) and insert:
7
8 (b) as required or allowed under this Act or another
9 written law; or
10
11 11. Part III Division 1 inserted
12 At the beginning of Part III insert:
13
14 Division 1 -- Provisions relating to applications made
15 or referred to Commissioner
16 11C. Application of Division
17 This Division applies in relation to --
18 (a) any of the following applications made or
19 referred to the Commissioner --
20 (i) a lessor's application under section 50E,
21 50F, 50S or 50T;
22 (ii) a tenant's application under
23 section 50G, 50H, 50U or 50V;
24 (iii) a security bond release application
25 referred by the bond administrator under
26 section 81I;
27 or
28 (b) an application made to the Commissioner in
29 relation to a disputed tenancy matter.
page 10
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 11
1 11D. Parties to application
2 In this Division, a party to an application made in
3 relation to a residential tenancy agreement is --
4 (a) each party to the agreement who made the
5 application; and
6 (b) each other person who is --
7 (i) for a security bond release
8 application -- given notice of the
9 application by the bond administrator
10 under section 81F(2); or
11 (ii) otherwise -- known to the
12 Commissioner as a lessor, tenant or
13 co-tenant under the residential tenancy
14 agreement.
15 11E. Disputed tenancy matters
16 (1) A regulation may prescribe a matter (a disputed
17 tenancy matter) relating to the rights and obligations of
18 the parties to a residential tenancy agreement as a
19 matter about which the Commissioner may make
20 decisions if the parties to a residential tenancy
21 agreement are in dispute about the matter.
22 (2) A party to a residential tenancy agreement may apply
23 to the Commissioner to make an order stated in the
24 application in relation to a disputed tenancy matter.
25 11F. Notice of application and invitation to make
26 submissions
27 (1) This section applies to an application other than a
28 security bond release application.
29 Note for this subsection:
30 See section 81Q in relation to the Commissioner giving
31 notice of receipt of a security bond release application and
32 inviting submissions.
page 11
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 11
1 (2) The Commissioner must give written notice of the
2 receipt of the application to each party to the
3 application.
4 (3) The notice must state that --
5 (a) the party may make a submission to the
6 Commissioner about the application; and
7 (b) if the party makes a submission to the
8 Commissioner by the day stated in the notice,
9 the Commissioner will consider the party's
10 submission in deciding the application.
11 11G. Commissioner may require further information
12 (1) The Commissioner may give a party to an application a
13 notice requiring the party to give the Commissioner the
14 information stated in the notice.
15 (2) The Commissioner may, in the notice, require the
16 person to do either or both of the following by the day
17 stated in the notice --
18 (a) provide evidence to support a claim made by
19 the person; or
20 (b) verify the information or evidence the person
21 gives to the Commissioner by statutory
22 declaration or in another way.
23 (3) If the party does not comply with the requirement by
24 the stated day, the Commissioner may decide the
25 application without the person's information and the
26 notice given to the party under subsection (2) must
27 state that fact.
28 (4) The Commissioner may, in writing, extend the period
29 stated in the notice.
page 12
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 11
1 11H. False or misleading information
2 (1) A person must not give the Commissioner information
3 in relation to the application that the person knows, or
4 ought reasonably to know, is false or misleading in a
5 material particular.
6 Penalty for this subsection: a fine of $10 000.
7 (2) For subsection (1), it is immaterial whether the
8 information was given in response to a requirement
9 under section 11G or for another reason.
10 11I. Deciding application
11 (1) The Commissioner must decide an application on the
12 information available to the Commissioner.
13 (2) Subsection (1) does not limit another provision of this
14 Act that provides for matters the Commissioner must
15 consider or be satisfied of in deciding the application.
16 (3) The Commissioner cannot decide the application
17 before the later of the following days --
18 (a) the day stated in a notice given to any party to
19 the application under section 11F or 81Q as the
20 day by which a submission must be given to the
21 Commissioner to be considered in deciding the
22 application;
23 (b) the day stated in a notice given to any party to
24 the application under section 11G as the day by
25 which the requirement under the notice must be
26 complied with.
27 (4) The powers of the Commissioner under section 11B do
28 not apply for the purposes of deciding the application.
29 (5) This section does not apply if the Commissioner
30 declines to decide the application under section 11L.
page 13
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 11
1 11J. Notice of Commissioner's decision
2 (1) The Commissioner must give notice of the
3 Commissioner's decision on an application to each
4 party to the application.
5 (2) The notice must state --
6 (a) the decision; and
7 (b) the Commissioner's reasons for the decision;
8 and
9 (c) that, if the party is dissatisfied with the
10 decision, the party may appeal the decision to
11 the Magistrates Court within 7 days after the
12 day on which the notice is given and how the
13 party may start an appeal.
14 (3) If the application is a security bond release application,
15 the Commissioner must give a copy of the notice to the
16 bond administrator.
17 11K. Commissioner may publish decision and reasons
18 (1) The Commissioner may publish --
19 (a) the Commissioner's decision on an application;
20 and
21 (b) the Commissioner's reasons for the decision.
22 (2) However, a decision or reasons published under
23 subsection (1) must not include information that could
24 identify or lead to the identification of --
25 (a) a party to the application; or
26 (b) another individual; or
27 (c) the residential premises the subject of the
28 application.
page 14
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 11
1 11L. Commissioner may decline to decide application
2 and refer parties to Magistrates Court
3 (1) The Commissioner may decline to decide an
4 application if the Commissioner --
5 (a) considers the application cannot be decided on
6 the information available to the Commissioner;
7 or
8 (b) is aware that another dispute relating to the
9 residential tenancy agreement is before the
10 Magistrates Court; or
11 (c) for a security bond release application --
12 (i) does not have current contact details for
13 1 or more of the parties to the
14 application; or
15 (ii) considers the amount in dispute is more
16 than the amount of the security bond;
17 or
18 (d) otherwise considers it is appropriate in all of
19 the circumstances to refer the application to the
20 Magistrates Court.
21 (2) If the Commissioner declines to decide an application,
22 the Commissioner must give each party to the
23 application a notice that states --
24 (a) the Commissioner declines to decide the
25 application; and
26 (b) the Commissioner's reasons for declining; and
27 (c) that the party may apply to the Magistrates
28 Court under section 15(1A) for relief in relation
29 to the matter the subject of the application.
30 Note for this section:
31 See section 12A in relation to the jurisdiction of the
32 Magistrates Court to hear and determine the application.
33
page 15
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 12
1 12. Part III Division 2 heading inserted
2 Before section 12 insert:
3
4 Division 2 -- Disputes determined by Magistrates Court
5
6 13. Section 12 amended
7 (1) In section 12 delete "Part --" and insert:
8
9 Division --
10
11 (2) In section 12 delete the definition of prescribed dispute and
12 insert:
13
14 prescribed dispute --
15 (a) means any matter that may be the subject of an
16 application to the Magistrates Court under this
17 Act; and
18 (b) includes --
19 (i) an application to the Magistrates Court
20 under section 15(1A) in relation to a
21 security bond release application,
22 regardless of the amount of the security
23 bond the subject of the application; and
24 (ii) another application to the Magistrates
25 Court under section 15(1A);
26 but
27 (c) subject to paragraph (b)(i), does not include an
28 application mentioned in paragraph (a) or
29 (b)(ii) that is, or includes, a claim for an amount
30 over the prescribed amount.
31
page 16
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 14
1 14. Section 13C inserted
2 After section 13B insert:
3
4 13C. Appeals from decisions of Commissioner
5 (1) A person who is dissatisfied with the Commissioner's
6 decision on an application under section 11I may
7 appeal the decision to the Magistrates Court.
8 (2) A person may appeal against a decision of the
9 Commissioner on a security bond release application
10 even if the security bond the subject of the application
11 has been paid to 1 or more of the parties to the
12 application under Part 5A Division 2.
13 (3) The appeal must be started within 7 days after the day
14 on which notice of the Commissioner's decision was
15 given to the parties to the application.
16 (4) A magistrate may extend the period mentioned in
17 subsection (3) and may do so even if the time has
18 elapsed.
19 (5) The appeal is to be by way of rehearing of the matter
20 the subject of the Commissioner's decision.
21 (6) The rules of the Magistrates Court apply to the appeal
22 as if the appeal were an appeal of a decision of a
23 registrar under the Magistrates Court Act 2004
24 section 29.
25
page 17
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 15
1 15. Section 15 amended
2 (1) After section 15(1) insert:
3
4 (1A) A lessor or tenant under a residential tenancy
5 agreement who is given a notice under section 11L
6 may apply to the Magistrates Court for relief in relation
7 to the matter the subject of the application to the
8 Commissioner referred to in the notice.
9 Note for this subsection:
10 The Commissioner may decline to decide an application
11 made to the Commissioner under Part III Division 1 and
12 advise the parties that they may apply to the Magistrates
13 Court for relief. See section 11L.
14
15 (2) After section 15(2)(b) insert:
16
17 (ba) if the application relates to the release of all or
18 part of the security bond for the agreement --
19 (i) order the payment to the lessor of an
20 amount of the security bond to which
21 the lessor is entitled under section 81E;
22 and
23 (ii) order that the balance of the security
24 bond (if any) is payable to the tenant, or
25 if there are co-tenants, 1 or more of the
26 co-tenants in stated amounts, or another
27 person;
28 and
29
page 18
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 16
1 16. Section 18A inserted
2 After section 18 insert:
3
4 18A. Notice of intention to dispute application for release
5 of security bond
6 (1) This section applies if an application to the Magistrates
7 Court under section 15 relates only to the release of all
8 or part of the security bond for a residential tenancy
9 agreement.
10 (2) Before giving notice to the parties under section 18(2),
11 the court must give each party to the application (other
12 than the applicant) a written notice inviting the party to
13 indicate to the court whether the party intends to
14 dispute the application.
15 (3) The party gives the court an indication under
16 subsection (2) by filing a written notice, in the form
17 approved by the Minister, in the court within 7 days
18 after the party is served the court's notice under
19 subsection (2).
20 (4) If a party given a notice under subsection (2) does not
21 file a notice indicating that the party intends to dispute
22 the application within the period referred to in
23 subsection (3) (or a longer period allowed by the
24 court) --
25 (a) the court may, without conducting a hearing,
26 order that the security bond be paid to the
27 persons and in the amounts stated in the
28 application; and
29 (b) section 18(2) does not apply to the application.
30
page 19
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 17
1 17. Part III Division 3 inserted
2 At the end of Part III insert:
3
4 Division 3 -- Retaliatory action taken by lessor
5 26A. Retaliatory action
6 A lessor takes retaliatory action against a tenant in
7 relation to a matter referred to in section 26B(2)(a), (b)
8 or (c) if the lessor --
9 (a) takes any of the following action --
10 (i) gives the tenant a notice claiming the
11 tenant has breached the residential
12 tenancy agreement, other than by failing
13 to pay rent, and requiring the tenant to
14 remedy the breach;
15 (ii) increases the rent payable under the
16 residential tenancy agreement;
17 (iii) takes action to terminate the residential
18 tenancy agreement;
19 (iv) at the end of the current residential
20 tenancy agreement, refuses to enter into
21 a further residential tenancy agreement
22 with the tenant;
23 and
24 (b) is motivated to take the action, wholly or partly,
25 by the matter arising.
26 26B. Retaliatory action taken by lessor
27 (1) In this section --
28 representative entity means an entity that has a purpose
29 of providing advice or support to tenants.
page 20
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 17
1 (2) This section applies if a tenant reasonably believes the
2 lessor took retaliatory action against the tenant after
3 any of the following matters arose --
4 (a) the tenant, or a representative entity, takes
5 action to enforce the tenant's rights, including,
6 for example, by --
7 (i) asking for repairs or maintenance to the
8 premises; or
9 (ii) giving the lessor a notice claiming the
10 lessor has breached the residential
11 tenancy agreement and requiring the
12 lessor to remedy the breach; or
13 (iii) requiring the lessor to reimburse the
14 tenant for a reasonable expense properly
15 incurred by the tenant for urgent repairs;
16 or
17 (iv) applying to a competent court for an
18 order under this Act;
19 (b) the lessor or lessor's agent knows that the
20 tenant or a representative entity has complained
21 to the Commissioner or another government
22 entity about an act or omission of the lessor that
23 adversely affected the tenant;
24 (c) an order of a competent court is in force in
25 relation to the lessor and tenant.
26 (3) The tenant may apply to a competent court for relief in
27 relation to the lessor's action alleged by the tenant to
28 be retaliatory action.
page 21
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 18
1 (4) The court hearing the application may, if the court is
2 satisfied the lessor's action was likely to have been
3 retaliatory action for a matter mentioned in
4 subsection (2)(a), (b) or (c), make any order the court
5 considers appropriate, including, for example --
6 (a) an order setting aside the lessor's action; and
7 (b) an order that the lessor pay compensation to the
8 tenant for loss or injury, other than personal
9 injury, caused by the lessor's action.
10
11 18. Section 27A replaced
12 Delete section 27A and insert:
13
14 27A. Written residential tenancy agreement to be in
15 approved form
16 A lessor or property manager must ensure a written
17 residential tenancy agreement entered into by the lessor
18 is in the approved form.
19 Penalty: a fine of $5 000.
20
21 19. Section 27B amended
22 In section 27B after "A lessor" insert:
23
24 or property manager
25
page 22
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 20
1 20. Section 27C amended
2 (1) In section 27C(1) after "A lessor" insert:
3
4 or property manager
5
6 (2) In section 27C(2)(b) delete "lessor." and insert:
7
8 lessor or property manager, as the case requires.
9
10 (3) In section 27C(3) after "the lessor" insert:
11
12 or property manager
13
14 (4) In section 27C(4) and (4A) after "A lessor" insert:
15
16 or property manager
17
18 (5) In section 27C(4A) delete "lessor -- " and insert:
19
20 lessor or property manager --
21
22 21. Section 27 amended
23 In section 27(1) delete "Subject to subsection (2), a person
24 shall" and insert:
25
26 A person must
27
page 23
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 22
1 22. Section 27AA inserted
2 After section 27 insert:
3
4 27AA. Residential tenancy must be offered for rent at fixed
5 amount
6 (1) A person must not advertise or otherwise offer a
7 tenancy for residential premises unless --
8 (a) the amount of rent stated in the advertisement
9 or offer is a fixed amount; or
10 (b) the advertisement or offer states that the
11 amount of rent is calculated by reference to the
12 tenant's income.
13 Penalty for this subsection: a fine of $10 000.
14 (2) A person does not commit an offence against
15 subsection (1) if the person places a sign advertising or
16 offering residential premises for rent at or near the
17 premises and the sign does not state an amount of rent
18 for the premises.
19 (3) A person must not solicit or otherwise invite a person
20 to make an offer to become a tenant of residential
21 premises at a rent higher than the amount advertised as
22 the rent for the premises.
23 Penalty for this subsection: a fine of $10 000.
24
25 23. Section 28 amended
26 In section 28(1) delete "shall" and insert:
27
28 must
29
page 24
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 24
1 24. Section 29 amended
2 (1) In section 29(1A) delete the definition of pet.
3 (2) In section 29(1):
4 (a) delete "shall" and insert:
5
6 must
7
8 (b) delete paragraph (b)(ii) and insert:
9
10 (ii) if the tenant is permitted to keep a pet at
11 the premises -- a prescribed amount to
12 meet the cost of any damage caused by
13 the pet or fumigation of the premises
14 that may be required on the termination
15 of the tenancy.
16
17 (3) Delete section 29(4)(a), (b) and (c) and insert:
18
19 (a) must, as soon as practicable, give the person
20 who paid the bond a receipt stating the
21 following matters --
22 (i) the date on which the bond was
23 received;
24 (ii) the name of the person who paid the
25 bond;
26 (iii) the amount of bond paid;
27 (iv) the premises to which the bond relates;
28 and
29 (b) must pay the bond to the bond administrator as
30 soon as practicable, and in any event within
31 14 days, after the day on which the person
32 received the bond; and
page 25
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 25
1 (c) must, when paying the bond under
2 paragraph (b), lodge a record of the payment, in
3 the approved form, with the bond administrator.
4
5 (4) After section 29(4) insert:
6
7 (5) A security bond must be paid to the bond administrator
8 under subsection (4)(b) in a prescribed way.
9
10 (5) Delete section 29(7) and (8).
11 25. Section 30 amended
12 In section 30(1):
13 (a) delete "a form approved by the Minister," and insert:
14
15 the approved form,
16
17 (b) in paragraph (b) delete "6 months" and insert:
18
19 12 months
20
21 26. Section 31A amended
22 In section 31A(2):
23 (a) delete "a form approved by the Minister," and insert:
24
25 the approved form,
26
27 (b) in paragraph (b)(ii) delete "6 months" and insert:
28
29 12 months
30
page 26
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 27
1 27. Section 31B replaced
2 Delete section 31B and insert:
3
4 31B. When residential tenancy agreement is continuation
5 of existing residential tenancy agreement
6 (1) This section applies for the purposes of working out --
7 (a) when the rent payable under a residential
8 tenancy agreement was last increased under
9 section 30; or
10 (b) when the means of calculating rent under a
11 residential tenancy agreement was last changed
12 under section 31A.
13 (2) A residential tenancy agreement (the continuing
14 agreement) is taken to be a continuation of another
15 residential tenancy agreement (the existing agreement)
16 if the continuing agreement --
17 (a) is between the same parties as the existing
18 agreement; and
19 (b) is for the same residential premises as the
20 existing agreement; and
21 (c) starts immediately after the end of the term of
22 the existing agreement.
23 Note for this subsection:
24 See also section 76C for the circumstances in which a
25 residential tenancy agreement that creates a tenancy for a
26 fixed term continues as a periodic tenancy.
27 (3) For subsection (2)(a), the existing agreement and the
28 continuing agreement are between the same parties
29 if --
30 (a) the lessor is the same under both agreements;
31 and
page 27
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 28
1 (b) the tenant, or at least 1 co-tenant, is the same
2 under both agreements.
3
4 28. Section 31 amended
5 (1) Delete section 31(1) and insert:
6
7 (1) The amount of the security bond for a residential
8 tenancy agreement can only be increased in accordance
9 with this section.
10 (1A) If a notice of increase in rent is given under section 30
11 or 31A in relation to a residential tenancy agreement,
12 the lessor may increase the amount of the security bond
13 for the agreement by giving the tenant a written notice
14 that states --
15 (a) the amount by which the security bond is
16 increased (the additional amount); and
17 (b) the day on which the additional amount is
18 payable.
19 (1B) For the purposes of subsection (1A)(b), the day on
20 which the additional amount is payable cannot be a
21 day --
22 (a) earlier than 60 days after the day on which the
23 notice under subsection (1A) is given; or
24 (b) before the rent increase the subject of the notice
25 given under section 30 or 31A takes effect.
26 (1C) Despite section 29(1)(b), a person may receive, but
27 may not require, the payment of the additional amount
28 before the day on which the additional amount is
29 payable.
30
page 28
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 29
1 (2) In section 31(4) delete "applies" and insert:
2
3 and (5) apply
4
5 29. Part IV Division 2 heading amended
6 In the heading to Part IV Division 2 delete "Standard" and
7 insert:
8
9 General standard
10
11 30. Section 46 amended
12 In section 46(1) in the definition of notice delete "a form
13 approved by the Commissioner;" and insert:
14
15 the approved form;
16
17 31. Section 47 deleted
18 Delete section 47.
19 32. Section 49A amended
20 (1) In section 49A(1) delete the definition of strata company.
21 (2) In section 49A(1) in the definition of public utility services
22 delete "section 3(1);" and insert:
23
24 section 3(1).
25
page 29
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 33. Part IV Divisions 2A and 2B inserted
2 (1) After Part IV Division 2 insert:
3
4 Division 2A -- Standard terms related to keeping pets
5 50A. Keeping pet at residential premises
6 (1) In this section --
7 community corporation has the meaning given in the
8 Community Titles Act 2018 section 3(1).
9 (2) It is a term of every residential tenancy agreement that
10 the tenant may keep a pet at the premises, but only with
11 the consent of the lessor.
12 Note for this subsection:
13 See section 50D for the only grounds on which a lessor
14 may refuse a tenant's request for consent to keep a pet at
15 the premises.
16 (3) However, the tenant may keep an assistance animal at
17 the premises without the lessor's consent.
18 (4) It is a term of every residential tenancy agreement that
19 the keeping of a pet or assistance animal at the
20 premises is subject to --
21 (a) any conditions of the lessor's consent for the
22 tenant to keep a pet at the premises --
23 (i) permitted under section 50C; or
24 (ii) imposed by order of the Commissioner
25 under section 50E(4) or 50F(4);
26 and
27 (b) a written law or local law relating to keeping
28 animals at the premises; and
page 30
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (c) if the premises are a lot in a community titles
2 scheme or strata titles scheme --
3 (i) the scheme by-laws; and
4 (ii) if, under the scheme by-laws, the
5 consent of the community corporation
6 or strata company is required to keep a
7 pet at the premises -- any conditions of
8 the consent.
9 Examples for this subsection:
10 1. The premises may be subject to a local law that limits the
11 number or type of animals that may be kept at the
12 premises.
13 2. The premises may be subject to a scheme by-law that
14 requires approval of the strata company to keep a pet at the
15 premises.
16 50B. Request for consent to keep pet at premises
17 (1) The tenant may ask the lessor for consent to keep a pet
18 at the premises.
19 (2) The request must be in the approved form.
20 (3) The lessor must respond to the tenant's request within
21 14 days after the day on which the lessor receives the
22 request.
23 (4) The lessor's response must be in writing and state --
24 (a) whether the lessor approves or refuses the
25 tenant's request or intends to apply to the
26 Commissioner for approval to refuse the
27 tenant's request under section 50E; and
28 (b) if the lessor approves the tenant's request
29 subject to conditions -- the conditions of the
30 consent as permitted under section 50C; and
31 (c) if the lessor intends to apply to the
32 Commissioner under section 50F for approval
33 to impose conditions -- that fact and the
page 31
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 conditions for which the lessor intends to apply
2 for approval; and
3 (d) if the lessor refuses the tenant's request on
4 grounds permitted under section 50D(a)
5 or (c) --
6 (i) the grounds for the refusal; and
7 (ii) the reasons the lessor believes the
8 grounds for the refusal apply to the
9 request.
10 (5) The lessor is taken to approve the tenant's request if
11 the lessor --
12 (a) does not comply with subsection (3); or
13 (b) does not apply to the Commissioner for
14 approval to refuse the tenant's request within
15 14 days after the day on which the lessor
16 receives the request.
17 50C. Conditions for approval to keep pet at premises
18 The lessor's consent for a tenant to keep a pet at the
19 premises may be subject to --
20 (a) a reasonable condition about --
21 (i) the number of animals that may be kept
22 at the premises; or
23 (ii) the cleaning, maintenance or fumigation
24 of the premises in relation to the
25 keeping of the pet; or
26 (iii) a prescribed matter;
27 or
28 (b) a condition approved by the Commissioner on
29 the application of the lessor under section 50F.
page 32
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 50D. Grounds for refusing pet being kept at premises
2 The following are the only grounds on which a lessor
3 may refuse a tenant's request for consent to keep a pet
4 at the premises --
5 (a) keeping the pet would contravene a written law,
6 local law or scheme by-laws applying to the
7 premises;
8 (b) with the approval of the Commissioner;
9 (c) a prescribed ground.
10 50E. Lessor's application for approval to refuse consent
11 to keep pet at premises
12 (1) A lessor may apply to the Commissioner for an order
13 approving the lessor's refusal of a tenant's request for
14 consent to keep a pet at the premises.
15 (2) The Commissioner must --
16 (a) approve the lessor's application; or
17 (b) order the lessor to consent to the tenant's
18 request.
19 (3) The Commissioner may make an order under
20 subsection (2)(a) if satisfied that any of the following
21 apply --
22 (a) the premises are unsuitable for keeping the pet;
23 (b) keeping the pet at the premises would exceed a
24 reasonable number of pets being kept at the
25 premises;
26 (c) keeping the pet at the premises is likely to
27 cause damage to the premises that could not be
28 repaired for less than the amount of the security
29 bond for the premises;
page 33
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 (d) keeping the pet at the premises would pose an
2 unacceptable risk to the health and safety of a
3 person;
4 (e) keeping the pet at the premises is likely to
5 cause the lessor undue hardship;
6 (f) a prescribed ground.
7 Examples for this subsection:
8 1. For the purposes of paragraph (a), premises may be
9 unsuitable for keeping a pet because of a lack of fencing,
10 open space or another thing necessary to humanely
11 accommodate the pet.
12 2. For the purposes of paragraph (d), a pet may pose an
13 unacceptable risk to the health and safety of a person if the
14 lessor has an allergy that is affected by the pet or the pet is
15 venomous.
16 (4) The Commissioner may also order that the lessor's
17 consent to the tenant keeping a pet at the premises is
18 subject to stated conditions, whether or not the lessor
19 also makes an application under section 50F in relation
20 to the tenant's request.
21 50F. Lessor's application for approval to impose
22 conditions on consent to keep pet at premises
23 (1) This section applies if a lessor proposes to impose a
24 condition, other than a condition mentioned in
25 section 50C(a), on the lessor's consent for a tenant to
26 keep a pet at the premises.
27 (2) The lessor may apply to the Commissioner for an order
28 approving the imposition of the condition on the
29 lessor's consent.
30 (3) The Commissioner must approve or refuse the lessor's
31 application.
32 (4) The Commissioner may also order that the lessor's
33 consent to keep a pet at the premises is subject to stated
page 34
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 conditions, in addition to any conditions stated in the
2 lessor's application.
3 50G. Tenant's application for order that refusal not
4 permitted
5 (1) A tenant may apply to the Commissioner for an order
6 that the lessor's refusal of the tenant's request for
7 consent to keep a pet at the premises is not permitted.
8 (2) The Commissioner must --
9 (a) if satisfied the lessor's refusal is not permitted
10 under section 50D(a) or (c) -- order the lessor
11 to consent to the tenant's request; or
12 (b) if satisfied any of the grounds referred to in
13 section 50E(3) apply -- approve the lessor's
14 refusal of the tenant's request; or
15 (c) otherwise -- refuse the tenant's application.
16 (3) If the Commissioner makes an order under
17 subsection (2)(a), the Commissioner may also order
18 that the lessor's consent is subject to stated conditions.
19 50H. Tenant's application for order that conditions
20 imposed on consent are unreasonable
21 (1) A tenant may apply to the Commissioner for an order
22 that a condition imposed by the lessor on the lessor's
23 consent to keep a pet at the premises is unreasonable.
24 (2) The Commissioner must --
25 (a) if satisfied the condition is unreasonable --
26 approve the tenant's application and order that
27 the condition is unreasonable; or
28 (b) if satisfied the condition is reasonable -- refuse
29 the tenant's application and order that the
30 condition is reasonable; or
page 35
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 (c) order that the condition imposed by the lessor
2 be modified in a stated way.
3 (3) If the Commissioner orders that the condition is
4 unreasonable, the lessor's consent to keep a pet at the
5 premises is no longer subject to the condition.
6 50I. Tenant responsible for pet
7 The following are terms of every residential tenancy
8 agreement --
9 (a) the tenant is responsible for all nuisance caused
10 by a pet kept at the premises, including, for
11 example, noise caused by the pet;
12 (b) the tenant is responsible for repairing any
13 damage to the premises caused by the pet;
14 (c) damage to the premises caused by the pet is not
15 fair wear and tear.
16
17 (2) Before Part IV Division 3 insert:
18
19 Division 2B -- Standard terms related to modifications
20 to premises
21 Subdivision 1 -- Modifications by tenant to prevent
22 furniture from falling
23 50J. Tenant may attach furniture to wall for safety of
24 child or person with disability
25 (1) It is a term of every residential tenancy agreement that
26 a tenant may attach furniture, or a thing to attach
27 furniture, to a wall of the premises for the purpose of
28 ensuring the safety of a child or person with disability,
29 but only with the consent of the lessor.
page 36
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (2) A modification under subsection (1) is a furniture
2 safety modification.
3 Note for this section:
4 See Subdivision 5 for the responsibilities of a tenant who
5 makes a modification to premises.
6 50K. Request for consent to make furniture safety
7 modification
8 (1) The tenant may ask the lessor for consent to make a
9 furniture safety modification.
10 (2) The request must --
11 (a) be in the approved form; and
12 (b) describe the furniture safety modification the
13 tenant proposes to make.
14 (3) The lessor must respond to the tenant's request within
15 14 days after the day on which the lessor receives the
16 request.
17 (4) The lessor's response must be in writing and state --
18 (a) whether the lessor approves or refuses the
19 tenant's request; and
20 (b) if the lessor refuses the tenant's request on
21 grounds permitted under section 50L -- the
22 grounds for the refusal.
23 Note for this subsection:
24 For the purposes of paragraph (b), see section 50L(2)
25 which prohibits the lessor from refusing consent to make a
26 furniture safety modification in circumstances related to
27 enabling a person with disability to access and use the
28 premises.
29 (5) The lessor is taken to approve the tenant's request if
30 the lessor does not comply with subsection (3).
page 37
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 50L. Grounds for refusing tenant's request to make
2 furniture safety modification
3 (1) The following are the only grounds on which a lessor
4 may refuse a tenant's request to make a furniture safety
5 modification to premises --
6 (a) the modification would disturb material
7 containing asbestos;
8 (b) the premises are entered in the State Register of
9 Heritage Places;
10 (c) if the premises is a lot in a community titles
11 scheme or strata titles scheme -- the scheme
12 by-laws prohibit making the modification;
13 (d) a prescribed ground.
14 (2) The lessor must not refuse a tenant's request to make a
15 furniture safety modification to premises that is
16 reasonably required to enable a person with disability
17 to access and use the premises if refusing consent
18 would be unlawful under --
19 (a) the Equal Opportunity Act 1984
20 section 66L(2)(d); or
21 (b) the Disability Discrimination Act 1992
22 (Commonwealth) section 25(2)(d).
23 Subdivision 2 -- Modifications by tenant to prevent entry to
24 premises in circumstances of family violence
25 50M. Tenant may make prescribed modification to
26 prevent entry in circumstances of family violence
27 (1) The matters stated in subsections (2) to (6) are terms of
28 every residential tenancy agreement.
page 38
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (2) A tenant may, without the lessor's consent, make a
2 prescribed modification necessary to prevent a person
3 from entering the residential premises --
4 (a) after the person's interest in the residential
5 tenancy agreement is terminated under
6 section 60(1)(bc); or
7 (b) if the tenant suspects, on reasonable grounds,
8 that the person is likely to commit family
9 violence against the tenant or a dependant of
10 the tenant -- to prevent the person from
11 committing the family violence.
12 Note for this subsection:
13 See Subdivision 5 for the responsibilities of a tenant who
14 makes a modification to premises.
15 (3) The tenant must give the lessor written notice of the
16 tenant's intention to make the prescribed modification.
17 (4) The notice must describe the prescribed modification
18 the tenant intends to make.
19 (5) The prescribed modification must be carried out by a
20 suitable tradesperson.
21 (6) The tenant must give the lessor a copy of the invoice of
22 the tradesperson who carried out the prescribed
23 modification within 14 days after the day on which the
24 modification is completed.
25 (7) This section does not apply in relation to premises
26 entered in the State Register of Heritage Places.
page 39
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 Subdivision 3 -- Minor modifications made by tenant
2 50N. Tenant may make minor modification to premises
3 (1) It is a term of every residential tenancy agreement that
4 a tenant may make a minor modification to the
5 premises, but only with the consent of the lessor.
6 Notes for this subsection:
7 1. See section 50Q for the only grounds on which a lessor
8 may refuse a tenant's request to make a minor modification
9 to the premises.
10 2. See Subdivision 5 for the responsibilities of a tenant who
11 makes a modification to premises.
12 (2) It is also a term of every residential tenancy agreement
13 that the making of a minor modification to the premises
14 is subject to any conditions of the lessor's consent to
15 make the modification --
16 (a) permitted under section 50P; or
17 (b) imposed by order of the Commissioner under
18 section 50S(4) or 50T(4).
19 50O. Request for approval to make minor modification
20 (1) A tenant may ask the lessor for consent to make a
21 minor modification to premises.
22 (2) The request must --
23 (a) be in the approved form; and
24 (b) describe the minor modification the tenant
25 proposes to make.
26 (3) The lessor must respond to the tenant's request within
27 14 days after the day on which the lessor receives the
28 request.
page 40
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (4) The lessor's response must be in writing and state --
2 (a) whether the lessor approves or refuses the
3 tenant's request or intends to apply to the
4 Commissioner for approval to refuse the
5 tenant's request under section 50S; and
6 (b) if the lessor approves the tenant's request
7 subject to conditions -- the conditions of the
8 approval as permitted under section 50P; and
9 (c) if the lessor intends to apply to the
10 Commissioner under section 50T for approval
11 to impose conditions -- that fact and the
12 conditions for which the lessor intends to apply
13 for approval; and
14 (d) if the lessor refuses the tenant's request on
15 grounds permitted under section 50Q(a), (b),
16 (c), (d) or (f) --
17 (i) the grounds for the refusal; and
18 (ii) the reasons the lessor believes the
19 grounds for the refusal apply to the
20 request.
21 Note for this subsection:
22 For the purposes of paragraph (d)(i), see also section 50R
23 which prohibits the lessor from refusing consent to make a
24 minor modification in circumstances related to enabling a
25 person with disability to access and use the premises.
26 (5) The lessor is taken to approve the tenant's request if
27 the lessor --
28 (a) does not comply with subsection (3); and
29 (b) does not apply to the Commissioner for
30 approval to refuse the tenant's request within
31 14 days after the day on which the lessor
32 receives the request.
page 41
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 50P. Conditions for consent to make minor modification
2 The lessor's consent for the tenant to make a minor
3 modification to the premises may be subject to --
4 (a) if the modification is of a type prescribed for
5 this section -- a condition that the work to
6 make the modification be carried out by a
7 person who is appropriately qualified to carry
8 out that type of work; or
9 (b) a reasonable condition about a matter
10 prescribed for this section; or
11 (c) a condition approved by the Commissioner on
12 the application of the lessor under section 50T.
13 50Q. Grounds for refusing tenant's request to make
14 minor modification
15 The following are the only grounds on which a lessor
16 may refuse a tenant's request for consent to make a
17 minor modification to the premises --
18 (a) making the modification would disturb material
19 containing asbestos;
20 (b) the premises are entered in the State Register of
21 Heritage Places;
22 (c) if the premises is a lot in a community titles
23 scheme or strata titles scheme -- the scheme
24 by-laws prohibit making the modification;
25 (d) making the modification would be contrary to a
26 written law;
27 (e) the lessor's refusal is approved by the
28 Commissioner;
29 (f) a prescribed ground.
page 42
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 50R. Refusal of consent to make modification needed for
2 disability access prohibited
3 The lessor must not refuse a tenant's request for
4 consent to make a minor modification to premises that
5 is reasonably required to enable a person with
6 disability to access and use the premises if refusing
7 consent would be unlawful under --
8 (a) the Equal Opportunity Act 1984
9 section 66L(2)(d); or
10 (b) the Disability Discrimination Act 1992
11 (Commonwealth) section 25(2)(d).
12 50S. Lessor's application for approval to refuse consent
13 for minor modification
14 (1) A lessor may apply to the Commissioner for an order
15 approving the lessor's refusal of a tenant's request for
16 consent to make a minor modification to the premises.
17 (2) The Commissioner must --
18 (a) approve the lessor's application; or
19 (b) order that the lessor consent to the tenant's
20 request.
21 (3) The Commissioner may make an order under
22 subsection (2)(a) if satisfied of any of the following
23 matters --
24 (a) the lessor would suffer undue hardship if the
25 modification were made;
26 (b) the modification would be unsafe or would
27 make the premises unsafe;
28 (c) if the premises is a lot in a community titles
29 scheme or strata titles scheme -- the
30 modification is likely to require modification to
31 other residential premises or common property
32 of the scheme;
page 43
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 (d) the modification would result in additional
2 maintenance costs for the lessor;
3 (e) removing the modification, or restoring the
4 premises to their original condition, when the
5 residential tenancy agreement ends --
6 (i) would not be reasonably practicable; or
7 (ii) is likely to cost more than the amount of
8 the security bond for the agreement;
9 (f) the tenant has been given a valid notice of
10 termination of the residential tenancy
11 agreement;
12 (g) a prescribed matter;
13 (h) making the modification is otherwise
14 unreasonable in the circumstances.
15 (4) The Commissioner may also order that the lessor's
16 consent to the tenant's request is subject to stated
17 conditions, whether or not the lessor also makes an
18 application under section 50T in relation to the tenant's
19 request.
20 Example for this subsection:
21 A condition may require the modification to be carried out
22 using stated materials.
23 50T. Lessor's application for approval to impose
24 conditions on consent for minor modification
25 (1) This section applies if a lessor proposes to impose a
26 condition, other than a condition mentioned in
27 section 50P(a) or (b), on the lessor's consent for a
28 tenant to make a minor modification to premises.
29 (2) The lessor may apply to the Commissioner for an order
30 approving the imposition of the condition on the
31 lessor's consent.
page 44
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (3) The Commissioner must approve or refuse the lessor's
2 application.
3 (4) The Commissioner may also order that the lessor's
4 consent to the tenant's request is subject to stated
5 conditions, in addition to any conditions stated in the
6 lessor's application.
7 Example for this subsection:
8 A condition may require the modification to be carried out
9 using stated materials.
10 50U. Tenant's application for order that refusal not
11 permitted
12 (1) A tenant may apply to the Commissioner for an order
13 that the lessor's refusal of the tenant's request for
14 consent to make a minor modification to the premises
15 is not permitted.
16 (2) The Commissioner must --
17 (a) if satisfied the lessor's refusal is not permitted
18 under section 50Q or 50R -- order the lessor to
19 consent to the tenant's request; or
20 (b) if satisfied any of the grounds referred to in
21 section 50S(3) apply -- approve the lessor's
22 refusal of the tenant's request; or
23 (c) otherwise -- refuse the tenant's application.
24 (3) If the Commissioner makes an order under
25 subsection (2)(a), the Commissioner may also order
26 that the lessor's consent is subject to stated conditions.
27 50V. Tenant's application for order that conditions
28 imposed on consent are unreasonable
29 (1) A tenant may apply to the Commissioner for an order
30 that a condition imposed by the lessor on the lessor's
page 45
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 consent for the tenant to make a minor modification is
2 unreasonable.
3 (2) The Commissioner must --
4 (a) if satisfied the condition is unreasonable --
5 approve the tenant's application and order that
6 the condition is unreasonable; or
7 (b) if satisfied the condition is reasonable -- refuse
8 the tenant's application and order that the
9 condition is reasonable; or
10 (c) order that the condition imposed by the lessor
11 be modified in a stated way.
12 (3) If the Commissioner orders that the condition is
13 unreasonable, the lessor's consent to make the minor
14 modification is no longer subject to the condition.
15 Subdivision 4 -- Other modifications
16 50W. When tenant may make other modifications to
17 premises
18 (1) In this section --
19 major modification, in relation to residential premises,
20 means a modification to the premises other than --
21 (a) a furniture safety modification; or
22 (b) a prescribed modification mentioned in
23 section 50M; or
24 (c) a minor modification.
25 (2) A residential tenancy agreement may provide that --
26 (a) a tenant may make a modification to the
27 premises stated in the agreement without the
28 lessor's consent; or
29 (b) a tenant may make a major modification to the
30 premises with the lessor's consent; or
page 46
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (c) a tenant must not make major modifications to
2 the premises.
3 (3) If a residential tenancy agreement includes a provision
4 referred to in subsection (2)(a), it is also a term of the
5 agreement that, before making the stated modification
6 to the premises, the tenant must give the lessor written
7 notice --
8 (a) stating that the tenant intends to make the
9 modification; and
10 (b) describing the intended modification.
11 (4) If a residential tenancy agreement includes a provision
12 referred to subsection (2)(b), it is also a term of the
13 agreement that --
14 (a) the lessor must not unreasonably refuse the
15 tenant's request for consent to make a major
16 modification to the premises; and
17 (b) the making of a major modification is subject to
18 any reasonable conditions of the lessor's
19 approval for the tenant to make the major
20 modification.
21 Note for this section:
22 See Subdivision 5 for the responsibilities of a tenant who
23 makes a modification to premises.
24 50X. Lessor may make modification to premises
25 (1) It is a term of every residential tenancy agreement
26 that --
27 (a) the lessor may make a modification to the
28 premises, but only with the consent of the
29 tenant; and
30 (b) the tenant must not unreasonably refuse the
31 lessor's request for consent.
page 47
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 (2) The tenant's approval for the lessor to make a
2 modification may be subject to reasonable conditions
3 about the lessor's entry of the premises to make or
4 inspect the modification, including the day or time of
5 the entry.
6 (3) Section 46(2)(e) applies for the purposes of the lessor
7 making the modification to the premises --
8 (a) as if a reference in that section to necessary
9 repairs to or maintenance of the premises were
10 a reference to the modification; and
11 (b) subject to a reasonable condition imposed on
12 the entry under subsection (2).
13 50Y. Request for approval to make modification
14 (1) A tenant may ask the lessor (the consenting party) for
15 consent to make a major modification to premises.
16 (2) A lessor may ask the tenant (also the consenting party)
17 for consent to make a modification to premises.
18 (3) The request must be in the approved form.
19 (4) The consenting party must respond to the request
20 within 28 days after the day on which the request is
21 received.
22 (5) The consenting party's response must be in writing and
23 state --
24 (a) whether the consenting party approves or
25 refuses the request; and
26 (b) if the consenting party approves the request
27 subject to conditions -- the conditions of the
28 approval; and
29 (c) if the consenting party refuses the request --
30 (i) the grounds for the refusal; and
page 48
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (ii) the reasons for the refusal.
2 (6) The consenting party is taken to approve the request if
3 the consenting party does not comply with
4 subsection (4).
5 50Z. Refusal of consent to modification needed for
6 disability access prohibited
7 The lessor must not refuse a tenant's request for
8 consent to make a major modification to premises that
9 is reasonably required to enable a person with
10 disability to access and use the premises if refusing
11 consent would be unlawful under --
12 (a) the Equal Opportunity Act 1984
13 section 66L(2)(d); or
14 (b) the Disability Discrimination Act 1992
15 (Commonwealth) section 25(2)(d).
16 Subdivision 5 -- Tenant's responsibilities in relation to
17 modifications to premises
18 50ZA. Purpose of Subdivision
19 The matters stated in this Subdivision --
20 (a) are terms of every residential tenancy
21 agreement; and
22 (b) apply if a tenant makes a modification to the
23 residential premises.
24 50ZB. Tenant bears costs of modification and
25 responsibility for repairs
26 (1) The tenant must bear the costs of --
27 (a) making the modification to the residential
28 premises; and
page 49
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 33
1 (b) removing the modification and restoring the
2 premises to their original condition as required
3 under section 50ZD.
4 (2) The tenant is responsible for maintaining the
5 modification to the premises in a reasonable state of
6 repair.
7 50ZC. Modification to have regard to age and character of
8 premises
9 The tenant must ensure the modification is made in a
10 way that --
11 (a) has regard to the age and character of the
12 premises; and
13 (b) complies with any written law; and
14 (c) if the premises are a lot in a community titles
15 scheme or strata titles scheme -- complies with
16 the scheme by-laws.
17 50ZD. Tenant must remove modification and restore
18 premises
19 (1) Unless the lessor agrees otherwise in writing, when the
20 tenant vacates the premises at the end of the residential
21 tenancy agreement, the tenant must either --
22 (a) do the following --
23 (i) if the modification included attaching a
24 thing to the premises -- remove the
25 attached thing;
26 (ii) restore the premises to their original
27 condition;
28 or
29 (b) compensate the lessor for the reasonable cost
30 incurred by the lessor to remove the thing or
31 restore the premises.
page 50
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 33
1 (2) Subsection (1) applies to a prescribed modification
2 made in accordance with section 50M only to the
3 extent that the lessor requires the tenant, in writing, to
4 do 1 or more of the following --
5 (a) remove an attached thing;
6 (b) restore the premises to their original condition;
7 (c) compensate the lessor for removing an attached
8 thing or restoring the premises.
9 (3) If restoration of the premises mentioned in
10 subsection (2) is carried out by a tradesperson, the
11 tenant must give the lessor a copy of the invoice of the
12 tradesperson within 14 days after the day on which the
13 restoration is completed.
14 50ZE. Tenant responsible for damage caused by making
15 or removing modification or restoring premises
16 (1) This section applies if the tenant causes damage to
17 residential premises when --
18 (a) making a modification to the premises; or
19 (b) if the modification included attaching a thing to
20 the premises -- removing the attached thing; or
21 (c) restoring the premises to their original
22 condition.
23 (2) The tenant must give the lessor a written notice that the
24 damage has been caused to the premises.
25 (3) The lessor may require the tenant to --
26 (a) repair the damage and restore the premises to
27 their original condition; or
28 (b) compensate the lessor for the reasonable cost
29 incurred by the lessor to repair the damage and
30 restore the premises to their original condition.
31
page 51
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 34
1 34. Section 64 amended
2 In section 64(3):
3 (a) delete the passage that begins with "order -- " and
4 continues to the end of the subsection and insert:
5
6 order that the period of notice be extended by a further
7 period of up to 60 days.
8
9 (b) at the end of the subsection insert:
10
11 Note for this subsection:
12 See also section 26B for an application a tenant may make
13 to a competent court if the tenant reasonably believes the
14 lessor's action to terminate the residential tenancy
15 agreement was retaliatory action.
16
17 35. Section 71AB amended
18 In section 71AB(2)(d) delete "a form approved by the
19 Commissioner," and insert:
20
21 the approved form,
22
23 36. Section 71 amended
24 Delete section 71(3)(b)(i) and insert:
25
26 (i) that giving the notice is retaliatory
27 action taken by the lessor against the
28 tenant because of a matter mentioned in
29 section 26B(2)(a), (b) or (c); or
30
page 52
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 37
1 37. Section 76A amended
2 In section 76A(2) delete "a form approved by the Minister" and
3 insert:
4
5 the approved form
6
7 38. Section 76BA inserted
8 After section 76B insert:
9
10 76BA. Order about payment of security bond
11 (1) This section applies if a competent court makes an
12 order terminating a residential tenancy agreement.
13 (2) The court may make an order --
14 (a) that the lessor is entitled to payment of an
15 amount from the security bond for the
16 residential tenancy agreement under
17 section 81E; and
18 (b) that the balance of the security bond (if any) is
19 payable to the tenant under the agreement or, if
20 there are co-tenants, the amount of any balance
21 that is payable to each of them.
22 (3) The court may make an order under subsection (2) on
23 the application of a party to the residential tenancy
24 agreement or on its own initiative.
25 (4) The court must ensure that a copy of an order made
26 under subsection (2) is given to the bond administrator.
27
page 53
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 39
1 39. Section 77 amended
2 In section 77(2) delete "a form approved by the Minister." and
3 insert:
4
5 the approved form.
6
7 40. Section 79 amended
8 In section 79(3) delete "form approved by the Commissioner for
9 the purposes of this subsection -- " and insert:
10
11 approved form --
12
13 41. Section 81A amended
14 In section 81A(3) delete "a form approved by the Minister" and
15 insert:
16
17 the approved form
18
19 42. Section 81B amended
20 In section 81B(2)(b) delete the passage that begins with
21 "notice," and ends with "the proceedings not" and insert:
22
23 notice of the proceedings, in the approved form, not
24
page 54
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 43
1 43. Part 5A inserted
2 After section 81 insert:
3
4 Part 5A -- Release of security bond
5 Division 1 -- Application for release
6 81C. Application for release of security bond
7 (1) One, some or all of the parties to a residential tenancy
8 agreement may apply to the bond administrator, in the
9 approved form, for the security bond for the agreement
10 to be released (a security bond release application).
11 (2) The security bond release application must state the
12 amount of the security bond to be paid to each party to
13 the residential tenancy agreement.
14 (3) The security bond release application must not be made
15 before the residential tenancy agreement terminates.
16 (4) However, the security bond release application may be
17 made before the residential tenancy agreement
18 terminates if --
19 (a) the tenant or, if there are co-tenants, all of the
20 tenants deliver up vacant possession of the
21 premises; and
22 (b) the parties to the agreement agree in writing to
23 terminate the agreement.
24 (5) The lessor and property manager must not ask or
25 require a tenant to sign a security bond release
26 application unless --
27 (a) the residential tenancy agreement has
28 terminated or subsection (4) or section 81D
29 applies; and
page 55
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 43
1 (b) the application states the amount of the security
2 bond (if any) to be paid to the lessor and the
3 tenant or, if there are co-tenants, each tenant.
4 Penalty for this subsection: a fine of $5 000.
5 81D. Application for partial release of security bond
6 (1) A security bond release application under section 81C
7 may apply for --
8 (a) only part of a security bond for a residential
9 tenancy agreement to be released; and
10 (b) that part of the security bond to be paid to the
11 tenant or, if there are co-tenants, 1 or more of
12 the co-tenants.
13 (2) An application may be made under subsection (1) only
14 if --
15 (a) the rent payable under the residential tenancy
16 agreement has been reduced; or
17 (b) the tenant paid the prescribed amount under
18 section 29(b)(ii) in relation to a pet that the
19 tenant was permitted to keep on the premises
20 and the pet is no longer being kept on the
21 premises; or
22 (c) other prescribed circumstances exist.
23 (3) Section 81C(3) does not apply in relation to an
24 application under subsection (1).
25 (4) This Part applies to a security bond release application
26 under subsection (1) as if a reference in the Part to a
27 security bond were a reference to the part of the
28 security bond to which the application relates.
page 56
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 43
1 81E. Amounts for which lessor is entitled to payment
2 from security bond
3 (1) A lessor is entitled to payment from the security bond
4 for a residential tenancy agreement of any of the
5 following amounts --
6 (a) the reasonable cost of repairs to the premises,
7 or the restoration of the premises to their
8 original condition, as a result of damage (other
9 than fair wear and tear) caused by the tenant, an
10 occupant or an invitee of the tenant;
11 (b) the reasonable cost of repairs to, or replacement
12 of, the chattels provided with the premises for
13 use by the tenant as a result of damage (other
14 than fair wear and tear) caused by the tenant, an
15 occupant or an invitee of the tenant;
16 (c) any rent or other charges owing and payable
17 under the agreement or this Act;
18 (d) the cost of cleaning any part of the premises not
19 left reasonably clean by the tenant, having
20 regard to the condition of the premises at the
21 start of the tenancy;
22 (e) subject to section 50ZD(2), the cost of
23 replacing locks or other security devices
24 altered, removed or added by the tenant without
25 the consent of the lessor;
26 (f) an amount the tenant is liable to pay to the
27 lessor for a breach of the agreement.
28 (2) If the security bond includes the prescribed amount
29 mentioned in section 29(1)(b)(ii), the lessor is also
30 entitled to payment from this amount of the security
31 bond of the following amounts --
32 (a) the reasonable cost of repairs to the premises,
33 or the restoration of the premises to their
page 57
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 43
1 original condition, as a result of damage caused
2 by a pet kept at the premises;
3 (b) if the lessor considers it is necessary for the
4 premises to be fumigated because a pet the
5 tenant kept on the premises is capable of
6 carrying parasites that can affect humans -- the
7 reasonable cost of fumigating the premises;
8 (c) other reasonable costs arising out of the
9 keeping of the pet on the premises.
10 (3) Subsections (1) and (2) do not limit the matters for
11 which the lessor may claim an amount from the
12 security bond.
13 (4) Subsection (2) does not limit the matters for which the
14 lessor may claim an amount relating to the keeping of a
15 pet on the premises from the security bond.
16 (5) A lessor is not entitled to payment from the security
17 bond for a residential tenancy agreement of an amount
18 prescribed for the purposes of this subsection.
19 81F. Notice of security bond release application to other
20 parties
21 (1) This section applies if a security bond release
22 application for a residential tenancy agreement is not
23 made by each person known to the bond administrator
24 as a party to the agreement (a known party).
25 (2) The bond administrator must give written notice of the
26 security bond release application to each known party
27 who did not make the application.
28 (3) The notice must state that --
29 (a) during the notice period, the party may agree to
30 the security bond release application under
31 section 81G or dispute the application under
32 section 81H; and
page 58
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 43
1 (b) the application will be referred to the
2 Commissioner to decide if the party or another
3 party --
4 (i) disputes the application under
5 section 81H during the notice period; or
6 (ii) does not respond to the notice under
7 section 81G or 81H during the notice
8 period;
9 and
10 (c) before the Commissioner decides the
11 application, the party may --
12 (i) agree to a variation of the application;
13 or
14 (ii) under section 81J, withdraw notice of
15 the party's dispute of the application.
16 (4) For the purposes of subsection (3), the notice period is
17 the period --
18 (a) starting when the party is given the notice
19 under subsection (2); and
20 (b) ending on the day stated in the notice as the day
21 on which the notice period ends.
22 81G. Agreeing to security bond release application
23 (1) A party to a residential tenancy agreement given notice
24 of a security bond release application under
25 section 81F(2) may agree to the application.
26 (2) The party agrees to the security bond release
27 application by giving the bond administrator written
28 notice, in the prescribed way, of the party's agreement
29 to the security bond being paid in accordance with the
30 application.
page 59
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 43
1 (3) The bond administrator may accept notice of the
2 party's agreement after the notice period ends.
3 (4) If the notice of agreement is given after the bond
4 administrator refers the security bond release
5 application to the Commissioner under section 81I, the
6 bond administrator must notify the Commissioner of
7 the receipt of the notice.
8 81H. Disputing security bond release application
9 (1) A party to a residential tenancy agreement given notice
10 of a security bond release application under
11 section 81F(2) may dispute the application.
12 (2) The party disputes the security bond release application
13 by giving the bond administrator written notice, in the
14 prescribed way, of the party's dispute with the security
15 bond being paid in accordance with the application
16 (notice of dispute).
17 (3) The bond administrator may accept notice of dispute
18 from the party after the notice period ends, but only if
19 the bond administrator has not paid any of the security
20 bond under Division 2.
21 81I. Referral of security bond release application to
22 Commissioner for decision
23 (1) The bond administrator must refer a security bond
24 release application relating to a residential tenancy
25 agreement to the Commissioner for decision if --
26 (a) the bond administrator gives notice of the
27 application to 1 or more parties to the
28 agreement under section 81F(2); and
page 60
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 43
1 (b) any of the following apply --
2 (i) the bond administrator accepts notice of
3 dispute of the application from 1 of the
4 parties under section 81H;
5 (ii) at least 1 of the parties does not respond
6 to the notice under section 81G or 81H
7 during the notice period and all of the
8 parties do not otherwise agree to the
9 application during that period;
10 (iii) despite subparagraphs (i) and (ii), the
11 parties to the agreement do not
12 otherwise agree to the application
13 during the notice period.
14 (2) The bond administrator may give the Commissioner
15 information about the security bond release application
16 requested by the Commissioner for the purpose of
17 deciding the application, including information about
18 the security bond and residential tenancy agreement to
19 which the application relates.
20 81J. Withdrawing dispute of application
21 (1) A party to a residential tenancy agreement who gives
22 the bond administrator notice of dispute under
23 section 81H in relation to a security bond release
24 application may withdraw the notice.
25 (2) The party withdraws the notice of dispute by giving the
26 bond administrator written notice that the party --
27 (a) withdraws the party's notice of dispute; and
28 (b) agrees to the security bond release application
29 or a variation of the application.
30 (3) If the bond administrator has referred the security bond
31 release application to the Commissioner, the bond
page 61
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 43
1 administrator must give the Commissioner a copy of
2 the party's notice under subsection (2).
3 Division 2 -- Payment of security bond
4 81K. Payment of security bond with agreement of all
5 parties
6 (1) This section applies if each person the bond
7 administrator knows is a party to a residential tenancy
8 agreement (a known party) --
9 (a) makes a security bond release application in
10 relation to the agreement; or
11 (b) agrees to the application under section 81G or
12 otherwise; or
13 (c) if the party gave the bond administrator notice
14 of dispute of the application under
15 section 81H -- withdraws the notice under
16 section 81J.
17 (2) This section also applies if each known party to the
18 residential tenancy agreement agrees to a variation of
19 the security bond release application.
20 (3) The bond administrator must pay the security bond to
21 the persons and in the amounts stated in the security
22 bond release application or varied application.
23 81L. Payment of security bond following referral of
24 application to Commissioner
25 (1) This section applies if the bond administrator --
26 (a) receives a security bond release application in
27 relation to a residential tenancy agreement; and
28 (b) refers the application to the Commissioner
29 under section 81I.
page 62
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 43
1 (2) The bond administrator must not pay any of the
2 security bond for the residential tenancy agreement to a
3 person unless the bond administrator is given a copy
4 of --
5 (a) notice of the Commissioner's decision on the
6 security bond release application under
7 section 81R; or
8 (b) if the bond administrator is given notice that a
9 party to the security bond release application
10 has applied to the Magistrates Court for relief
11 relating to the security bond -- the court's
12 decision on the application.
13 (3) The bond administrator must pay the security bond to
14 the persons and in the amounts stated in the decision of
15 the Commissioner or the court, as the case may be.
16 81M. Paying amount of bond assistance loan to Housing
17 Authority
18 (1) In this section --
19 bond assistance loan means a loan from the Housing
20 Authority to assist a tenant to pay all or some of a
21 security bond for a residential tenancy agreement.
22 (2) This section applies if --
23 (a) an amount of the security bond for a residential
24 tenancy agreement is payable to a tenant under
25 this Division (the tenant's security bond refund
26 amount); and
27 (b) the bond administrator is aware that the tenant
28 has a bond assistance loan that has not been
29 repaid in full.
30 (3) If requested by the Housing Authority, the bond
31 administrator may pay all or some of the tenant's
32 security bond refund amount to the Housing Authority
page 63
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 43
1 as payment of the amount of the tenant's bond
2 assistance loan that has not been repaid.
3 (4) The balance of the tenant's security bond refund
4 amount that is not paid to the Housing Authority under
5 subsection (3) (if any), becomes the amount of the
6 security bond payable to the tenant under this Division.
7 (5) This section applies despite another provision of this
8 Division that requires the bond administrator to pay an
9 amount of the security bond to the tenant.
10 81N. Payment of security bond in accordance with order
11 of competent court
12 (1) This section applies if a competent court makes an
13 order about the payment of the security bond for a
14 residential tenancy agreement, other than the
15 Magistrates Court in a decision referred to in
16 section 81L(2)(b).
17 (2) The bond administrator must pay the security bond to
18 the persons and in the amounts stated in the order.
19 (3) This section applies despite any other provision of this
20 Part and whether or not a security bond release
21 application is made in relation to the security bond.
22 Division 3 -- Security bond release application decided
23 by Commissioner
24 81O. Application of Division
25 This Division applies if the bond administrator refers a
26 security bond release application relating to a
27 residential tenancy agreement to the Commissioner
28 under section 81I.
page 64
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 43
1 81P. Known party to residential tenancy agreement
2 In this Division, a person is a known party to a
3 residential tenancy agreement if, when referring a
4 security bond release application related to the
5 agreement to the Commissioner, the bond administrator
6 named the person as someone the bond administrator
7 knows is a party to the agreement.
8 81Q. Notice of receipt of security bond release
9 application
10 (1) The Commissioner must give each known party to the
11 residential tenancy agreement a written notice stating
12 that the bond administrator has referred the security
13 bond release application to the Commissioner for
14 decision.
15 (2) The notice given must state that --
16 (a) the party may make a submission to the
17 Commissioner about --
18 (i) whether the lessor is entitled to claim
19 payment of all or some of the security
20 bond; and
21 (ii) the party's views about the amount of
22 the security bond that should be paid to
23 each party to the agreement;
24 and
25 (b) if the party gives a submission to the
26 Commissioner by the day stated in the notice,
27 the Commissioner will consider the party's
28 submission in deciding the application.
page 65
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 43
1 81R. Deciding security bond release application
2 (1) The Commissioner must decide the security bond
3 release application for a residential tenancy agreement
4 by --
5 (a) deciding whether the lessor is entitled to be
6 paid an amount from the security bond under
7 section 81E; and
8 (b) working out the balance (if any) of the security
9 bond by subtracting the amount the
10 Commissioner decides under paragraph (a)
11 from the amount of the security bond; and
12 (c) if there are 2 or more known parties who are
13 tenants -- deciding how the balance (if any) of
14 the security bond is to be divided between
15 them.
16 (2) If there is only 1 known party who is a tenant, the
17 Commissioner must decide that any balance of the
18 security bond worked out under subsection (1)(b) is
19 payable to the tenant.
20 81S. When Commissioner is not required to decide
21 security bond release application
22 The Commissioner is not required to decide a security
23 bond release application for a residential tenancy
24 agreement under section 81R if --
25 (a) the Commissioner declines to decide the
26 application under section 11L; or
27 (b) the bond administrator notifies the
28 Commissioner that each known party to the
29 agreement --
30 (i) made the application; or
31 (ii) agreed to the application under
32 section 81G or otherwise; or
page 66
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 43
1 (iii) if the party gave the bond administrator
2 notice of dispute of the application
3 under section 81H -- withdrew the
4 notice under section 81J;
5 or
6 (c) the bond administrator notifies the
7 Commissioner that each known party to the
8 agreement agreed to a variation of the
9 application.
10 Division 4 -- General
11 81T. Unclaimed security bonds
12 (1) This section applies if --
13 (a) the bond administrator believes on reasonable
14 grounds that a residential tenancy agreement
15 has been terminated; and
16 (b) 6 months have passed since the agreement was
17 terminated; and
18 (c) the security bond for the agreement, or part of
19 the security bond, has not been paid to any of
20 the parties to the agreement under Division 2.
21 (2) The bond administrator must deal with the security
22 bond, or part of the security bond, in the prescribed
23 way.
24 (3) The regulations may provide for --
25 (a) the process to be followed if an amount of a
26 security bond for a residential tenancy
27 agreement is unclaimed as referred to in
28 subsection (1); and
page 67
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 44
1 (b) if an amount of a security bond for a residential
2 tenancy agreement remains unclaimed after the
3 prescribed process is followed, how the amount
4 is to be disposed of.
5
6 44. Section 82A amended
7 In section 82A delete the definition of personal information.
8 45. Sections 86A and 86B inserted
9 After section 86 insert:
10
11 86A. Provisions imposing obligation to act on lessor or
12 property manager
13 (1) This section applies to a provision of this Act that
14 requires the lessor or a property manager to do
15 something (the required act) in relation to a residential
16 tenancy agreement.
17 (2) If the required act is done, whether by the lessor
18 personally or by the property manager, both the lessor
19 and the property manager are taken to have complied
20 with the provision.
21 (3) If the required act is omitted to be done, both the lessor
22 and the property manager are taken to have
23 contravened the provisions and, if the contravention is
24 an offence, each of them may be dealt with for the
25 offence.
26 86B. Agency of lessor's property manager not limited
27 (1) This section applies if a provision of this Act refers to
28 something being done, or required to be done, by a
page 68
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 46
1 lessor in relation to a residential tenancy agreement
2 without mentioning a property manager.
3 (2) The provision does not, by implication, limit the extent
4 to which the thing may be done by the property
5 manager as an agent of the lessor.
6
7 46. Section 88C inserted
8 After section 88B insert:
9
10 88C. Approved forms
11 (1) The bond administrator may approve forms for use
12 under this Act in relation to bonds.
13 (2) The Commissioner may approve forms for use under
14 this Act, other than forms for use in relation to bonds.
15
16 47. Section 88 amended
17 Delete section 88(3).
18 48. Part VII heading replaced
19 Delete the heading to Part VII and insert:
20
21 Part 7 -- Savings and transitional provisions
22
page 69
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 49
1 49. Part VII Division 1 heading replaced
2 Delete the heading to Part VII Division 1 and insert:
3
4 Division 1 -- Savings and transitional provisions
5 relating to Residential Tenancies Amendment Act 2011
6
7 50. Part VII Division 2 heading deleted
8 Delete the heading to Part VII Division 2.
9 51. Section 92 amended
10 In section 92 delete "Part --" and insert:
11
12 Division --
13
14 52. Part VII Division 3 heading deleted
15 Delete the heading to Part VII Division 3.
16 53. Part 8 heading deleted
17 Delete the heading to Part 8.
18 54. Part VII Division 2 heading inserted
19 Before section 98 insert:
20
21 Division 2 -- Transitional provision relating to
22 Consumer Protection Legislation Amendment Act 2019
23
page 70
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 55
1 55. Part 7 Division 3 inserted
2 After section 98 insert:
3
4 Division 3 -- Transitional provisions relating to
5 Residential Tenancies Amendment Act 2023
6 99. Variation of rent for fixed term residential tenancy
7 agreement entered before commencement
8 (1) In this section --
9 commencement means the day on which the
10 Residential Tenancies Amendment Act 2023 section 25
11 comes into operation.
12 (2) This section applies to a residential tenancy agreement
13 that creates a tenancy for a fixed term if --
14 (a) the agreement was entered into before the
15 commencement; and
16 (b) the term of the agreement, disregarding any
17 renewal or extension of the agreement, (the
18 original term) ends after the commencement.
19 (3) Section 30, as in force from time to time before the
20 commencement, continues to apply to the residential
21 tenancy agreement until the end of the original term as
22 if the Residential Tenancies Amendment Act 2023 had
23 not been enacted.
24 100. Variation of rent for residential tenancy agreement,
25 other than fixed term agreement, entered before
26 commencement
27 (1) In this section --
28 commencement means the day on which the
29 Residential Tenancies Amendment Act 2023 section 25
30 comes into operation.
page 71
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 55
1 (2) This section applies to a residential tenancy agreement
2 in force on the commencement, other than an
3 agreement to which section 99 applies.
4 (3) Sections 30 and 31A, as in force from the
5 commencement, apply to the residential tenancy
6 agreement.
7 (4) A notice of increase of rent relating to the residential
8 tenancy agreement given under section 30 or 31A
9 before the commencement has no effect if the notice
10 does not comply with that section as in force from the
11 commencement.
12 101. Application of Pt. 5A in relation to existing
13 residential tenancy agreements
14 (1) In this section --
15 commencement means the day on which the
16 Residential Tenancies Amendment Act 2023 section 43
17 comes into operation;
18 previous, in relation to a provision of this Act, means
19 the provision as in force from time to time before the
20 commencement.
21 (2) Part 5A applies in relation to a residential tenancy
22 agreement in force on the commencement.
23 (3) However, the bond administrator may continue to deal
24 with an application for the payment of the security
25 bond as if the Residential Tenancies Amendment
26 Act 2023 had not been enacted if --
27 (a) the application is made under previous
28 Schedule 1 clause 5, but not decided or
29 withdrawn, before the commencement; or
30 (b) the application is made after the
31 commencement in a form approved by the
page 72
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 55
1 Minister under previous Schedule 1
2 clause 5(1)(a).
3 (4) Also, a competent court may continue to deal with an
4 application relating to the payment of the security bond
5 made under Schedule 1 clause 8, but not decided or
6 withdrawn, before the commencement as if the
7 Residential Tenancies Amendment Act 2023 had not
8 been enacted.
9 102. Existing authorised agents of bond administrator
10 (1) In this section --
11 commencement means the day on which the
12 Residential Tenancies Amendment Act 2023 section 56
13 comes into operation.
14 (2) This section applies in relation to a person who,
15 immediately before the commencement, is an
16 authorised agent appointed by the bond administrator.
17 (3) The bond administrator is taken to have delegated the
18 powers and duties of the bond administrator under this
19 Act, as in force from the commencement, to the person
20 under section 10.
21 (4) This section does not limit the power of the bond
22 administrator to vary or revoke the delegation.
23 103. Validation of r. 12BA and 12CA
24 (1) In this section --
25 regulation 12BA means the Residential Tenancies
26 Regulations 1989 section 12BA;
27 regulation 12CA means the Residential Tenancies
28 Regulations 1989 section 12CA;
page 73
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 56
1 validation period means the period --
2 (a) beginning on 15 April 2019; and
3 (b) ending on the day on which the Residential
4 Tenancies Amendment Act 2023 section 47
5 comes into operation.
6 (2) Regulation 12BA and regulation 12CA are taken to
7 have come into operation on 15 April 2019 and to have
8 been in operation at all times during the validation
9 period, despite the operation of section 88(3) during
10 that period.
11 (3) Anything done, or purportedly done, on or after
12 15 April 2019 is taken to be, and to have always been,
13 as lawful, valid and effective as it would be, or would
14 have been, had regulation 12BA or regulation 12CA
15 come into operation, and been in operation at all times
16 during the validation period, as provided in
17 subsection (2).
18 (4) In subsection (3), a reference to doing a thing includes
19 a reference to omitting to do the thing.
20
21 56. Schedule 1 clause 1 deleted
22 Delete Schedule 1 clause 1.
23 57. Schedule 1 clause 3 amended
24 (1) In Schedule 1 clause 3(2) delete "clause 5(1)." and insert:
25
26 Part 5A Division 2.
27
page 74
Residential Tenancies Amendment Bill 2023
Residential Tenancies Act 1987 amended Part 2
s. 58
1 (2) In Schedule 1 clause 3(3):
2 (a) in paragraph (ab) delete "administrator, authorised agents"
3 and insert:
4
5 administrator
6
7 (b) in paragraph (b)(ii) delete "administrator and the bond
8 administrator's authorised agents," and insert:
9
10 administrator,
11
12 58. Schedule 1 clause 4 amended
13 In Schedule 1 clause 4(b)(ii) delete "clause 5;" and insert:
14
15 Part 5A Division 2;
16
17 59. Schedule 1 Division 2 deleted
18 Delete Schedule 1 Division 2.
19 60. Schedule 1 clause 10 amended
20 In Schedule 1 clause 10(1):
21 (a) in paragraph (a) delete "a form approved by the
22 Minister -- " and insert:
23
24 the approved form --
25
26 (b) in paragraph (a)(ii) delete "administrator or the bond
27 administrator's authorised agent;" and insert:
28
29 administrator;
30
page 75
Residential Tenancies Amendment Bill 2023
Part 2 Residential Tenancies Act 1987 amended
s. 61
1 61. Schedule 1 clause 11 amended
2 In Schedule 1 clause 11:
3 (a) in paragraph (a) delete "a form approved by the
4 Minister -- " and insert:
5
6 the approved form --
7
8 (b) in paragraph (a)(ii) delete "administrator or the bond
9 administrator's authorised agent;" and insert:
10
11 administrator;
12
page 76
Residential Tenancies Amendment Bill 2023
Residential Parks (Long-stay Tenants) Act 2006 amended Part 3
s. 62
1 Part 3 -- Residential Parks (Long-stay Tenants)
2 Act 2006 amended
3 62. Act amended
4 This Part amends the Residential Parks (Long-stay Tenants)
5 Act 2006.
6 63. Section 22 amended
7 (1) In section 22(1):
8 (a) in paragraph (a) delete the passage that begins with
9 "administrator" and continues to the end of the
10 paragraph and insert:
11
12 administrator; and
13
14 (b) in paragraph (b) delete "or an authorised agent".
15 (2) In section 22(2) delete "or an authorised agent".
16 64. Section 95 amended
17 Delete section 95(4).
18 65. Part 7 Division 4 inserted
19 At the end of Part 7 insert:
20
21 Division 4 -- Validation provision for Residential
22 Tenancies Amendment Act 2023
23 117. Validation of r. 13A and 22
24 (1) In this section --
25 regulation 13A means the Residential Parks
26 (Long-stay Tenants) Regulations 2007 regulation 13A;
page 77
Residential Tenancies Amendment Bill 2023
Part 3 Residential Parks (Long-stay Tenants) Act 2006 amended
s. 65
1 regulation 22 means the Residential Parks (Long-stay
2 Tenants) Regulations 2007 regulation 22;
3 validation period means the period --
4 (a) beginning on 15 April 2019; and
5 (b) ending on the day on which the Residential
6 Tenancies Amendment Act 2023 section 64
7 comes into operation.
8 (2) Regulation 13A and regulation 22 are taken to have
9 come into operation on 15 April 2019 and to have been
10 in operation at all times during the validation period,
11 despite the operation of section 95(4) during that
12 period.
13 (3) Anything done, or purportedly done, on or after
14 15 April 2019 is taken to be, and to have always been,
15 as lawful, valid and effective as it would be, or would
16 have been, had regulation 13A or regulation 22 come
17 into operation, and been in operation at all times during
18 the validation period, as provided in subsection (2).
19 (4) In subsection (3), a reference to doing a thing includes
20 a reference to omitting to do the thing.
21
[Index] [Search] [Download] [Related Items] [Help]