Western Australian Numbered Acts Western Australian Numbered Acts (1) Delete the heading
to Schedule 1 and the reference after it and insert:
Schedule 1 -- Provisions relating to holding and disposal of bonds and income
from bonds
[s. 3, 7(3), 12, 29(4), (7), (8), 59D(6), 79(5), (6), (11) and 80A(8)]
(2) Delete the heading
to Schedule 1 Part A and insert:
(3) In Schedule 1
clause 1 delete the definitions of:
authorised financial institution
bond administrator
(4) In Schedule 1
clause 1 in the definition of authorised agent :
(a)
delete “his” and insert:
the bond
administrator’s
(b)
delete “ Gazette ;” and insert:
Gazette .
(5) Delete
Schedule 1 clause 2.
(6) In Schedule 1
clause 3(2):
(a)
delete “Account —” and insert:
Account all of the
following —
(b)
delete paragraphs (a) and (aa) and insert:
(a) all
moneys received under section 29(4)(b);
(ba) all
moneys received pursuant to a court order under section 59D(2);
(bb)
interest payable to the fund under section 94(2)(b);
(bc)
amounts payable to the fund under the Residential Parks (Long-stay Tenants)
Act 2006 sections 75(3) and 92(b);
(bd)
amounts payable to the fund under the Residential Parks (Long-stay Tenants)
Act 2006 section 94(a);
(c) in
paragraph (b) delete “Treasurer; and” and insert:
Treasurer;
(7) In Schedule 1
clause 3(3):
(a)
after “The” insert:
interest referred to
in subclause (2)(bb), the amounts referred to subclause (2)(bc), the
(b) in
paragraph (a) delete “ section 79(5) or (6);” and
insert:
section 79(5) or
(6) or 80A(8); and
(c) in
paragraph (ab) delete “bond agents” and insert:
authorised agents
(d) in
paragraph (b)(ii) delete “his” and insert:
the bond
administrator’s
(e) in
paragraph (c) delete “subclause (5).” and insert:
subclause (5);
and
(f)
after paragraph (c) insert:
(d) in
funding any not-for-profit body, one of the main functions of which is the
delivery of free or substantially subsidised legal services to tenants and
that is approved by the Minister for the purposes of this paragraph.
(g)
after each of paragraphs (aa) and (ab) insert:
and
(8) In Schedule 1
clause 3(4):
(a) in
paragraph (a) delete “Department” and insert:
Magistrates Court (Civil Proceedings) Act 2004
(b) in
paragraph (b) delete “the Consolidated Account.” and insert:
an operating account
of the Department and the department principally assisting in the
administration of the Magistrates Court (Civil Proceedings) Act 2004
respectively.
(9) In Schedule 1
clause 3(5):
(a)
delete “Account he may” and insert:
Account the Treasurer
may, after consulting the Minister,
(b)
delete “for the purpose of public housing in such manner as he may
specify.” and insert:
by the Housing
Authority as defined in section 71A for the purpose of social housing
premises in such manner as the Treasurer might specify.
(10) In
Schedule 1 clause 4:
(a) in
paragraph (a) delete “Rental Accommodation Account established
under clause 3; and” and insert:
Rental Accommodation
Account; and
(b) in
paragraph (b) delete “him” and insert:
the bond administrator
(c) in
paragraph (b) delete “clause 2(1)(a) —” and
insert:
(d) in
paragraph (b)(ii) delete “clause 5.” and insert:
clause 5;
(e)
after paragraph (b) insert:
(c) in
relation to the amount of a tenant compensation bond paid to the bond
administrator under section 59D(2) —
(i)
show in such records the name and address of the lessor
and the tenant in respect of whom, and any residential premises in respect of
which, the bond was paid; and
(ii)
pay out the amount of the bond in accordance with
Division 3.
(f)
after paragraph (b) insert:
and
(11) Delete the
heading to Schedule 1 Part B and insert:
(12) Before
Schedule 1 clause 5 insert:
5A. Security bond moneys to be paid to bond
administrator
(1) The payment of an
amount under section 29(4)(b) must be made as soon as practicable, and in
any event within 14 days, after the person’s receipt of the bond.
(2) The payment may be
made either directly, including by electronic means, or by lodging the amount
with an authorised agent of the bond administrator.
(13) In
Schedule 1 clause 5(1):
(a) in
paragraph (a)(i) before “bond relates” insert:
security
(b) in
paragraph (a)(ii) delete “his” and insert:
the bond
administrator’s
(c)
before “bond,” insert:
security
(14) In
Schedule 1 clause 5(3):
(a)
delete “party” (each occurrence) and insert:
tenant
(b)
delete “his” and insert:
the tenant’s
(15) In
Schedule 1 clause 5(4):
(a)
after “If” insert:
the bond administrator
is satisfied that
(b)
before “bond has” insert:
security
(c)
delete “bond shall” and insert:
amount of the bond or
any remaining portion of that amount must
(16) Delete
Schedule 1 Part C.
(17) Delete the
heading to Schedule 1 Part D.
(18) In
Schedule 1 clause 8(3):
(a)
delete “him” and insert:
the party
(b)
delete “he” and insert:
the party
(19) In
Schedule 1 clause 8(4):
(a) in
paragraph (b) after “that notice,” insert:
or such longer period
as the court hearing the application thinks fit,
(b) in
paragraph (b) delete “he” and insert:
the party
(c)
delete “a competent court” and insert:
the court
(20) In
Schedule 1 clause 8(5) delete “he” and insert:
the party
(21) In
Schedule 1 clause 8(7)(b) delete “he” and insert:
the tenant
(22) In
Schedule 1 clause 8(9) delete “or 7(4)”.
(23) At the end of
Schedule 1 insert:
Division 3 — Tenant compensation bonds
This Division applies
where the bond administrator has been paid a tenant compensation bond in
accordance with an order under section 59D(2).
10. Disposal of tenant compensation bond to tenant
by bond administrator
(1) The bond
administrator must on receipt of —
(a) an
application in a form approved by the Minister —
(i)
signed by a tenant to a residential tenancy agreement to
which the tenant compensation bond relates; and
(ii)
lodged, including lodged by facsimile or electronic
means, with the bond administrator or the bond administrator’s
authorised agent;
and
(b) a
copy of an order —
(i)
made under section 15(2)(b) in relation to a failure
by a lessor to compensate a tenant for reasonable expenses incurred by the
tenant in arranging for urgent repairs to be carried out in accordance with
section 43; and
(ii)
subsequent to the order under section 59D(2),
pay the amount of the
tenant compensation bond, or where subclause (2) applies part of that
amount, in accordance with the application.
(2) An application
under subclause (1)(a) may relate to part of the amount of a tenant
compensation bond.
(3) If a tenant is
deceased, the signature of the tenant’s executor or administrator to an
application is sufficient for the purposes of subclause (1)(a), and if a
tenant is represented by a manager or administrator under any written law, the
signature of the manager or administrator is sufficient for such purposes.
(4) A payment under
subclause (1) is to be taken to be a payment by the lessor in
satisfaction, or part satisfaction as the case may be, of the order referred
to in subclause (1)(b).
11. Disposal of tenant compensation bond to lessor
by bond administrator
The bond administrator
must on receipt of —
(a) an
application in a form approved by the Minister —
(i)
signed by the lessor to whom the tenant compensation bond
relates; and
(ii)
lodged, including lodged by facsimile or electronic
means, with the bond administrator or the bond administrator’s
authorised agent;
and
(b) a
copy of an order made under section 59D(5),
pay the amount of the
tenant compensation bond, or part of that amount, ordered by the court in
accordance with the application.
Note: The heading to
amended Schedule 1 clause 8 is to read:
Court may determine
disposal of security bond