Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 76

76 .         Park operator’s claim for costs in relation to abandoned goods and tenant’s documents

        (1)         A park operator may apply to the State Administrative Tribunal for an order if —

            (a)         the proceeds of the sale of abandoned goods are insufficient to meet the costs of removing, storing and selling the goods; or

            (b)         the park operator destroys or otherwise disposes of a tenant’s document under section 52A(6).

        (2)         In relation to an application made under subsection (1)(a), the State Administrative Tribunal may make an order for the payment to the park operator of an amount equal to the difference between the proceeds of the sale and the reasonable costs of removing, storing and selling the goods if —

            (a)         the park operator has obtained a written statement from the Commissioner to the effect that, in the opinion of the Commissioner, section 48(2) does not apply to the goods; and

            (b)         the tribunal is satisfied that the amount of the costs exceeds the amount of the proceeds.

        (2A)         In relation to an application made under subsection (1)(b), the State Administrative Tribunal may make an order for the payment to the park operator of an amount equal to the reasonable costs incurred by the park operator in discharging the duties imposed on the park operator under section 52A if the tribunal is satisfied that —

            (a)         the park operator incurred reasonable costs in discharging the park operator’s duty under section 52A; and

            (b)         the tenant’s document has been destroyed under section 52A(6).

        (3)         The amount specified in the order under subsection (2) or (2A) is payable to the park operator out of the Rental Accommodation Account.

        [Section 76 amended: No. 60 of 2011 s. 108; No. 28 of 2020 s. 69.]