Western Australian Current Acts Western Australian Current Acts (1) A park operator
must not require or receive from a long-stay tenant, or prospective long-stay
tenant, any payment in relation to the long-stay agreement (including an entry
fee or a payment for renewing or extending the agreement) other than a payment
for —
(a)
rent; or
(b) a
security bond; or
(c) an
amount paid or payable as consideration for an option to enter into a
long-stay agreement if, when the option is exercised, the amount is refunded
or applied towards the rent payable under the agreement; or
(d) an
amount that the park operator is authorised to require or receive under this
Act; or
(e) an
amount for a fee if —
(i)
the type of fee is prescribed as a fee that a park
operator may charge a long-stay tenant under the long-stay agreement; and
(ii)
the park operator may charge the tenant the fee under the
long-stay agreement; and
(iii)
the fee is for a service or facility — the amount
is necessary to recover the reasonable costs of providing the tenant a service
or facility for which the fee is charged or is a reasonable amount.
Penalty for this subsection: a fine of $5 000.
(2) A payment accepted
in contravention of this section is recoverable by the person who paid it
—
(a) as a
debt due in a court of competent jurisdiction; or
(b) by
order of the State Administrative Tribunal under Part 5.
[Section 12 inserted: No. 28 of 2020 s. 16.]