Western Australian Current Acts Western Australian Current Acts In this Act, unless
the contrary intention appears —
abandoned goods means goods that may be treated as
abandoned goods under section 48(1);
ADI account means an account with an authorised
deposit-taking institution as defined in the Banking Act 1959 (Commonwealth)
section 5;
agreed premises , in relation to a long-stay
agreement, means —
(a) the
site that the long-stay tenant is entitled to use or occupy under a long-stay
agreement; and
(b) a
structure on the site that the long-stay tenant is entitled to use or occupy
under a long-stay agreement; and
(c) a
fixture, fitting or chattel provided under a long-stay agreement for the
exclusive use of the long-stay tenant; and
(d) in
relation to an on-site home agreement — the on-site home;
approved form means a form approved by the
Commissioner and published on the Department’s website;
bond administrator has the meaning given in the
Residential Tenancies Act 1987 section 3;
buyer , of a relocatable home, has the meaning
given in section 58(2)(a);
close associate , in relation to a park operator,
means —
(a) if
the park operator is an individual, any of the following —
(i)
the spouse, de facto partner, parent, child or sibling of
the park operator;
(ii)
the parent, child or sibling of the spouse or de facto
partner of the park operator;
(iii)
a body corporate, if a person referred to in subparagraph
(i) or (ii) is a director or secretary of the body corporate or a person
involved in the management of the body corporate;
or
(b) if
the park operator is a body corporate, any of the following —
(i)
a director or secretary of the body corporate or of a
related body corporate as defined in the Corporations Act 2001 (Commonwealth)
section 9;
(ii)
a person involved in the management of the body corporate
or of a related body corporate as defined in the Corporations Act 2001
(Commonwealth) section 9;
(iii)
the spouse, de facto partner, parent, child or sibling of
a person referred to in subparagraph (i) or (ii);
(iv)
the parent, child or sibling of the spouse or de facto
partner of a person referred to in subparagraph (i) or (ii);
(v)
a related body corporate as defined in the Corporations
Act 2001 (Commonwealth) section 9;
Commissioner means the person designated as the
Commissioner under section 84;
default notice means a notice under
section 39(1)(b) or 40(1);
Department means the department of the Public
Service principally assisting in the administration of this Act;
DVO has the meaning given under the Domestic
Violence Orders (National Recognition) Act 2017 section 4(1);
enter into , in relation to a long-stay agreement,
includes make, renew, extend, assign or otherwise transfer the agreement;
Family Court injunction means an injunction under
the Family Court Act 1997 section 235 or 235A or the Family Law Act 1975
(Commonwealth) section 68B or 114;
family violence has the meaning given in the
Restraining Orders Act 1997 section 5A(1);
long-stay agreement or agreement has the meaning
given in section 5;
long-stay site , in relation to a residential
park, means a site that the park operator is willing to rent to a person that
is used or is intended to be used as the person’s principal place of
residence;
long-stay tenant or tenant means the grantee of a
right of occupancy under a long-stay agreement;
non-standard term has the meaning given in
section 10B(1);
notice of termination means a notice to terminate
a long-stay agreement, or an interest in the agreement, given in accordance
with this Act;
on-site home , in relation to an on-site home
agreement, means the relocatable home provided under the agreement by the park
operator;
on-site home agreement means a long-stay agreement
under which the long-stay tenant has the right to occupy a relocatable home
provided by the park operator;
park operator , in relation to a residential park,
means the grantor of a right of occupancy under a residential park tenancy
agreement, or the grantor’s successor in title if the succession is
subject to the interest of the long-stay tenant;
park premises , in relation to a residential park
—
(a)
means all or any part of the land and structures within the boundaries of the
park; and
(b)
includes premises occupied exclusively by the park operator or an agent or
employee of the park operator, vacant sites, vacant on-site homes, agreed
premises and shared premises;
park rules has the meaning given in
section 54A(1);
pet bond means an amount paid as a security bond
as mentioned in section 21(2)(b);
prescribed means prescribed by the regulations;
real estate agent means a person who holds or is
required to hold a licence under the Real Estate and Business Agents Act 1978
;
reasonable grounds , for suspecting that a
long-stay tenant has abandoned the agreed premises, has the meaning given in
section 5A;
relocatable home means a vehicle, building, tent
or other structure that is fitted or designed for use as a residence (whether
or not it includes bathroom or toilet facilities) and that is or can be
parked, assembled or erected on a site in a residential park;
rent , in relation to a long-stay agreement, means
an amount paid or payable under the agreement by the long-stay tenant in
respect of the tenancy period or a part of the tenancy period;
Rental Accommodation Account means the Rental
Accommodation Account established under the Residential Tenancies Act 1987
Schedule 1 clause 3;
residential park has the meaning given in
section 5B;
security bond means an amount payable by a
long-stay tenant as security for the performance of the tenant’s
obligations under the long-stay agreement, including any amounts of pet bond;
selling agency agreement has the meaning given in
section 57(1)(a);
selling agent means a person appointed as a
selling agent in relation to the sale of a relocatable home under a selling
agency agreement;
shared premises , in relation to a residential
park, means —
(a) the
common areas, structures and amenities in the park that the park operator
provides for the use of all long-stay tenants or makes accessible to all
tenants; and
(b) any
fixtures, fittings or chattels in or on the common areas, structures or
amenities;
site , in relation to a residential park, means an
area of land in the park that is set aside for the use of a relocatable home;
site-only agreement means a long-stay agreement
under which the long-stay tenant has the right to occupy a relocatable home
provided by the long-stay tenant on a site in the residential park;
successor in title includes a person who acquires
an estate in land or has a mortgage in respect of the land;
tenancy means a tenancy under a long-stay
agreement;
tenancy period , in relation to a long-stay
agreement, means the whole period during which the agreement is in force,
whether the agreement is for a fixed term or creates a periodic tenancy;
tenant’s document means —
(a) an
official document; or
(b) a
photograph; or
(c)
correspondence; or
(d)
another document which it would be reasonable to expect a person to keep;
voluntary sharing arrangement means a term in a
long-stay agreement in which a long-stay tenant agrees to pay —
(a) rent
on a deferred basis in accordance with the agreement; or
(b) one
of the following to the park operator when the relocatable home is sold
—
(i)
a share of any increase in the sale price of the
relocatable home from the price paid by the long-stay tenant for the home;
(ii)
a share of the total sale price of the relocatable home;
or
(c) an
amount as an exit fee payable if the relocatable home is sold or removed from
the site the subject of a long-stay agreement and is —
(i)
fixed as an amount set out in the agreement; or
(ii)
calculated by reference to a formula set out in the
agreement;
working day means any day except a Saturday,
Sunday or public holiday.
[Section 3 inserted: No. 28 of 2020 s. 4.]