(1) A long-stay
agreement may include a term to the effect that children are not permitted to
occupy a site in a residential park only if the site the subject of the
agreement is within a park, or part of a park, in which —
(a) both
of the following apply —
(i)
it is intended that each site within the park, or part of
the park, will be solely or principally occupied by a person of a particular
age;
(ii)
each long-stay agreement entered into between the park
operator and a long-stay tenant of the park, or part of the park, includes a
term to the effect that children are not permitted to live on the agreed
premises;
or
(b) the
residential park is operated under a licence under the Caravan Parks and
Camping Grounds Act 1995 and the licence permits the park operator to include
such a term in the agreement.
(2) A park operator
must not do any of the following on the grounds that it is intended that a
child will live on the agreed premises unless the site the person is to use or
occupy is within a park, or part of a park, to which subsection (1) applies
—
(a)
refuse to enter into a long-stay agreement with a person;
(b)
advertise or otherwise indicate an intention to refuse to enter into a
long-stay agreement with a person;
(c)
instruct anyone else on the park operator’s behalf —
(i)
to refuse to enter into a long-stay agreement with a
person; or
(ii)
to advertise or otherwise indicate an intention to refuse
to enter into a long-stay agreement with a person.
Penalty for this subsection: a fine of $5 000.
[Section 20 inserted: No. 28 of 2020 s. 20.]