Western Australian Current Acts Western Australian Current Acts (1) It is a term of an
on-site home agreement that the park operator must provide and maintain such
locks or other devices as are necessary to ensure that the on-site home is
reasonably secure.
(2) Except as provided
in subsection (10), it is a term of a long-stay agreement that the long-stay
tenant must not alter, remove or add any lock or similar device to the agreed
premises or the shared premises without the consent of the park operator given
at, or immediately before, the time that the alteration, removal or addition
is carried out.
(3) It is a term of a
long-stay agreement that the park operator must not alter, remove or add any
lock or similar device to the agreed premises or to anything that belongs to
the long-stay tenant without the consent of the tenant given at, or
immediately before, the time that the alteration, removal or addition is
carried out.
(4) It is a term of a
long-stay agreement that the park operator must not alter, remove or add any
lock or similar device to the shared premises without first notifying the
long-stay tenant and providing the tenant with a means of access to the shared
premises.
(5) A long-stay tenant
must not breach the term referred to in subsection (2) without reasonable
excuse.
Penalty for this subsection: a fine of $20 000.
(6) A park operator
must not breach the term referred to in subsection (3) or (4) without
reasonable excuse.
Penalty for this subsection: a fine of $20 000.
(7) A park operator
who alters, removes or adds a lock or similar device to the shared premises
other than in accordance with subsection (4) —
(a) does
not breach the term referred to in subsection (4) if the park operator alters,
removes or adds the lock or device for the health and safety of persons who
may use the shared premises; and
(b) does
not commit an offence under subsection (6) related to a breach of the term
referred to in subsection (4) if the park operator alters, removes or adds the
lock or device for the health and safety of persons who may use the shared
premises.
(8) An agent of the
park operator must not alter, remove or add a lock or device to the agreed
premises or the shared premises without —
(a)
reasonable excuse; or
(b) the
consent of the following persons given when, or immediately before, the
alteration, removal or addition is carried out —
(i)
if the lock or device is to the agreed premises —
each long-stay tenant who occupies the agreed premises;
(ii)
if the lock or device is to the shared premises —
each long-stay tenant who is able to use the shared premises.
Penalty for this subsection: a fine of $20 000.
(9) A civil proceeding
is not affected by the commencement of proceedings against, or the conviction
of, a person for an offence under subsection (5), (6) or (8).
(10) It is a term of
every on-site home agreement —
(a) that
a long-stay tenant may alter or add any lock or similar device to the agreed
premises —
(i)
after the termination of an excluded tenant’s
interest in a long-stay agreement under section 74B; or
(ii)
in any event, if it is necessary to prevent the
commission of family violence that the tenant suspects, on reasonable grounds,
is likely to be committed against the tenant or a dependant of the tenant;
and
(b) that
the tenant must give to the park operator a copy of the key to any lock or
similar device altered or added under paragraph (a) as soon as practicable,
and in any event within 7 days, after the lock or similar device has been
altered or added; and
(c) that
the park operator must not give a copy of a key referred to in paragraph (b)
—
(i)
to an excluded tenant whose interest in the long-stay
agreement has been terminated under section 74B; or
(ii)
in any event, to a person who the tenant has instructed
the park operator in writing not to give the copy of the key.
(11) A long-stay
tenant who breaches a term referred to in subsection (10)(b) without
reasonable excuse, in addition to any civil liability that the tenant might
incur, commits an offence.
Penalty for this subsection: a fine of $5 000.
(12) Subsection
(10)(b) does not apply if the park operator is a person reasonably suspected
of being likely to commit the family violence referred to in subsection
(10)(a)(ii).
(13) A park operator
who breaches a term referred to in subsection (10)(c) without reasonable
excuse, in addition to any civil liability that the park operator might incur,
commits an offence.
Penalty for this subsection: a fine of $20 000.
[Section 32H inserted: No. 28 of 2020 s. 30.]