Western Australian Current Regulations

RESIDENTIAL TENANCIES REGULATIONS 1989 - REG 5AD

5AD .         Modified application of section 27C(4) of Act for Housing Authority

        (1)         In this regulation —

        person of Aboriginal descent has the meaning given in the Aboriginal Affairs Planning Authority Act 1972 section 4.

        (2)         This regulation applies if the Housing Authority is the lessor of residential premises (the premises ) that are located more than 100 km from the nearest office of the Housing Authority.

        (3)         Under section 6(b) of the Act it is provided that section 27C of the Act shall apply to the premises and, under section 6(c) of the Act, to the Housing Authority, as if it were modified as follows —

            (a)         in subsection (4) delete “14 days,” and insert:

                28 days,

            (b)         after subsection (4) insert:

        (5A)         The Housing Authority is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, it is unable to inspect the residential premises because —

            (a)         of weather conditions or road closure; or

            (b)         the premises are premises to which a housing management agreement applies, and a person of Aboriginal descent in relation to the community that lives on the land on which the premises are located has refused the Housing Authority access to the land.

        [Regulation 5AD inserted: Gazette 3 May 2013 p. 1740-1.]