Western Australian Current Acts Western Australian Current Acts (1) A long-stay
agreement may include a term (a non-standard term ) other than —
(a) a
standard term stated in the Act; or
(b) if a
standard-form agreement is prescribed under section 10A(1) — a term of
that standard-form long-stay agreement.
(2) However, a
non-standard term —
(a) must
not exclude, modify or restrict a standard term or the operation of the Act or
contravene a provision of this Act; and
(b) must
not be a type of term prescribed for this paragraph as a prohibited term; and
(c) must
not be inconsistent with a standard-form long-stay agreement that is
prescribed under section 10A(1); and
(d) must
be set out and clearly labelled as a non-standard term.
(3) A park operator
must not enter into a long-stay agreement that includes a non-standard term
referred to in subsection (2).
Penalty for this subsection: a fine of $5 000.
(4) The regulations
may prescribe a term as a term that must be included in a long-stay agreement.
(5) A park operator
must not enter into a long-stay agreement that does not include a term
prescribed under subsection (4).
Penalty for this subsection: a fine of $5 000.
Note for this section:
Under section 62, a
long-stay tenant may apply to the State Administrative Tribunal for particular
orders in relation to a long-stay agreement that does not comply with this
section.
[Section 10B inserted: No. 28 of 2020 s. 14.]
[Heading inserted: No. 28 of 2020 s. 15.]