Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 74A

74A .         Review of notice of termination under s. 45A

        (1)         In this section —

        terminating tenant means a long-stay tenant who has given, or purportedly given, notice of termination under section 45A.

        (2)         A park operator may, within 7 days after receiving a notice of termination under section 45A, apply to the State Administrative Tribunal to review whether notice was validly given under that section.

        (3)         In its review, the State Administrative Tribunal —

            (a)         must examine whether the terminating tenant has complied with section 45A in giving the notice; and

            (b)         cannot examine whether the terminating tenant, or a dependant of the tenant, has been or might be subject to family violence.

        (4)         If the State Administrative Tribunal finds that notice was not validly given under section 45A, the Tribunal must make an order declaring that the terminating tenant’s interest in the on-site home agreement has not been terminated, otherwise the Tribunal must dismiss the application.

        [Section 74A inserted: No. 3 of 2019 s. 32.]