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RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary matters  

   1.      Short title
            
   2.      Commencement
            
   3.      Glossary of terms used
            
   4.      Crown bound
            
   5.      Term used: long-stay agreement
            
   6.      Application of Act to long-stay agreements
            
   7.      Application of Act to periodic long-stay agreements
            
   8.      Operation of this Act in relation to other written laws
            
   9.      Contracting out

   PART 2 -- Long-stay agreement

           Division 1 -- General matters  

   10.     Form of long-stay agreements
            
   11.     Information for prospective long-stay tenants
            
   12.     Restrictions on charges payable by long-stay tenants
            
   13.     Restriction on letting fees payable to real estate agent
            
   14.     Cost of preparing long-stay agreement
            
   15.     Disclosure of park operator’s particulars to tenant
            
   16.     Disclosure of tenant’s particulars to park operator
            
   17.     Tenant’s copy of long-stay agreement
            
   18.     Cooling off period
            
   19.     Recovery of amounts paid under a mistake of law or fact
            
   20.     Children living on agreed premises

           Division 2 -- Security bonds  

   21.     Security bonds
            
   22.     Payment of bond to bond administrator or trust account
            
   23.     Keeping security bond records
            
   24.     Increase in security bond

           Division 3 -- Rent  

   25.     Rent in advance
            
   26.     Written receipts for rent
            
   27.     Requiring post-dated cheques prohibited
            
   28.     Rent records kept by park operator
            
   29.     Apportionment of rent
            
   30.     Variation of rent under on-site home agreement
            
   31.     Variation of rent on the basis of current market rent

           Division 4 -- Terms of long-stay agreements  

   32.     Terms of long-stay agreements -- Schedule 1

   PART 3 -- Termination of long-stay agreements

           Division 1 -- Termination of agreements generally  

   33.     How long-stay agreements and tenant’s interests in agreements are terminated
            
   34.     Terms of continued long-stay agreement
            
   35.     Withholding rent in anticipation of release of security bond
            
   36.     Failure to give vacant possession at end of fixed term
            
   37.     Form of default notice
            
   38.     Form of notice of termination

           Division 2 -- Notice of termination by park operator  

   39.     Termination by park operator for non-payment of rent
            
   40.     Termination by park operator for other breaches
            
   41.     Termination if vacant possession required on sale of park
            
   42.     Termination by park operator without grounds
            
   43.     Notice not waived by acceptance of rent

           Division 3 -- Notice of termination by tenant  

   44.     Termination by tenant without grounds

           Division 4 -- Notice of termination by park operator or tenant -- agreement frustrated  

   45.     Termination if agreement frustrated

           Division 4A -- Special provisions about termination of tenant’s interest on grounds of family violence  

   45A.    Notice of termination of tenant’s interest on ground that tenant subject to family violence
            
   45B.    Rights of co-tenants after notice under s. 45A
            
   45C.    Review of Division

           Division 5 -- Compensation  

   46.     When long-stay tenant is entitled to compensation
            
   47.     When park operator is entitled to compensation

           Division 6 -- Abandoned goods  

   48.     Disposing of goods abandoned by tenant
            
   49.     Tenant’s right to reclaim abandoned goods put into storage
            
   50.     Title acquired by purchaser of abandoned goods
            
   51.     Park operator’s liability for abandoned goods
            
   52.     Disposition of proceeds of sale of abandoned goods

           Division 7 -- Miscellaneous provisions  

   53.     Duty of mitigation following breach of agreement
            
   54.     No recovery of vacant possession during tenancy period

   PART 4 -- Other matters related to residential parks

           Division 1 -- Sale of relocatable homes on site  

   55.     Long-stay tenant’s right to sell relocatable home on site
            
   56.     Park operator’s obligations
            
   57.     When park operator acts as agent in sale on site
            
   58.     Park operator’s authority to act as selling agent
            
   58A.    Discrimination against tenants subjected or exposed to family violence

           Division 2 -- Park liaison committees  

   59.     Establishment of park liaison committee
            
   60.     Constitution of park liaison committee
            
   61.     Functions of park liaison committee

   PART 5 -- State Administrative Tribunal powers

           Division 1 -- General provisions  

   62.     Breaches of agreement and other disputes
            
   63.     Orders for reduction of rent
            
   64.     Orders when premises abandoned by tenant
            
   65.     Determination of compensation payable to long-stay tenant

           Division 2 -- Orders relating to vacant possession  

   66.     Orders for vacant possession if rent not paid
            
   67.     Orders for vacant possession at end of fixed term
            
   68.     Orders for vacant possession on other grounds
            
   69.     Orders for compensation to park operator for holding over
            
   70.     Tenant’s protection against holder of superior title

           Division 3 -- Orders relating to termination of agreements  

   71.     Orders to terminate agreement if tenant is causing damage or injury
            
   72.     Orders to terminate agreement for breach by park operator
            
   73.     Termination on grounds of hardship to park operator
            
   74.     Tribunal’s power during fair rent proceedings

           Division 3A -- Orders relating to termination of tenant’s interest on grounds of family violence  

   74A.    Review of notice of termination under s. 45A
            
   74B.    Termination of tenant’s interest by SAT on grounds of family violence
            
   74C.    Determination of rights and liabilities after termination of tenant’s interest on grounds of family violence
            
   74D.    Review of Division

           Division 4 -- Orders relating to abandoned goods  

   75.     Disposing of proceeds of sale of abandoned goods
            
   76.     Park operator’s claim if sale proceeds insufficient
            
   77.     Recovery by owner of value of goods sold

           Division 5 -- Miscellaneous provisions  

   78.     Term used: original party
            
   79.     Proceedings instituted or defended by Commissioner
            
   80.     Evidence in proceedings undertaken by Commissioner
            
   81.     Conduct of legal proceedings by Commissioner
            
   82.     Orders exempting persons from operation of Act
            
   83.     Payment of costs and other amounts

   PART 6 -- Other matters  

   84.     Commissioner
            
   85.     Commissioner’s functions
            
   86.     Delegation by Commissioner
            
   87.     Information officially obtained to be confidential
            
   88.     Protection from liability for wrongdoing
            
   89.     Judicial notice
            
   90.     Time for commencement of offence proceedings
            
   91.     Service of documents
            
   92.     Terms on which ADI holds security bond amounts
            
   93.     Information from ADI about tenancy bond accounts
            
   94.     Responsibilities of bond administrator
            
   94A.    Cross-examination of persons in proceedings involving family violence
            
   95.     Regulations
            
   96.      Review of Act
            
   97.     Transitional provisions
           SCHEDULE 1 -- Terms of long-stay agreements
           GLOSSARY


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