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Queensland
Manufactured Homes
(Residential Parks)
Amendment Bill 2010
Queensland
Manufactured Homes (Residential Parks)
Amendment Bill 2010
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 4 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 6
5 Omission of s 7 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 10 (What is a manufactured home) . . . . . . . . . . 7
7 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10A What is a converted caravan . . . . . . . . . . . . . . . . . . . 8
8 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14A What is a site agreement dispute . . . . . . . . . . . . . . . . 8
9 Amendment of s 25 (Written agreement) . . . . . . . . . . . . . . . . . . . 9
10 Insertion of new ss 25A and 25B . . . . . . . . . . . . . . . . . . . . . . . . . 10
25A Application to tribunal--plain language . . . . . . . . . . . 10
25B Prohibited terms of site agreements and prohibited
park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 36 (Termination of site agreement by
agreement between home owner and park owner) . . . . . . . . . . . 11
12 Amendment of s 38 (Termination of site agreement by tribunal) . 12
13 Amendment of s 39 (Vacant possession of site to be given after
making of termination order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of s 40 (Compensation may be payable in
particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
40A Other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 45 (Notice of proposed sale and assignment). . 14
17 Amendment of s 49 (Consent to assignment of seller's interest) . 14
18 Amendment of s 69 (Notice of increase in site rent) . . . . . . . . . . 14
Manufactured Homes (Residential Parks) Amendment Bill 2010
Contents
19 Amendment of s 70 (Home owner may apply to tribunal for
order about site rent increase) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 71 (Notice of proposed increase in site rent) . . 16
21 Amendment of s 72 (Site rent reduction on application to
tribunal by home owner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Amendment of s 73 (Utility cost in site rent) . . . . . . . . . . . . . . . . . 17
23 Amendment of s 74 (Tribunal review of utility cost and reduction
in site rent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5 Prohibition on particular conduct
74A Park owner not to threaten, intimidate or coerce
home owner ........................ 19
25 Amendment of s 89 (Notice board) . . . . . . . . . . . . . . . . . . . . . . . 19
26 Insertion of new s 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
91A Notice of change of business hours contact
telephone number . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 95 (Fraudulent or misleading conduct) . . . . . . . 20
28 Amendment of s 96 (Harassment or unconscionable conduct) . . 20
29 Insertion of new s 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
99A Separate charge by park owner not to be more than
cost of supply for use of utility . . . . . . . . . . . . . . . . . . 20
30 Amendment of s 100 (Establishment of committee). . . . . . . . . . . 21
31 Insertion of new pt 19A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 19A Record of residential parks
139A Record of residential parks. . . . . . . . . . . . . . . . . . . . . 21
139B Inspecting record of residential parks. . . . . . . . . . . . . 22
139C Park owner to give chief executive information for
record of residential parks . . . . . . . . . . . . . . . . . . . . . 22
32 Amendment of pt 21, div 2, hdg (Transitional provisions). . . . . . . 22
33 Insertion of new pt 21, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3 Transitional provisions for Manufactured
Homes (Residential Parks) Amendment Act
2010
Subdivision 1 Preliminary
156 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 2 General provisions
157 Existing agreements involving converted caravans . . 23
158 Form and content of site agreements. . . . . . . . . . . . . 24
Page 2
Manufactured Homes (Residential Parks) Amendment Bill 2010
Contents
159 Prohibited terms of site agreements and prohibited
park rules .......................... 25
160 Particular existing agreements to terminate site
agreement ....................... 25
161 Park owner's notice on receiving notice of proposed
assignment of seller's interest ........ 26
162 Park owner's notice on refusal of consent to
assignment ...................... 26
163 Notice of increase in site rent . . . . . . . . . . . . . . . . . . . 26
164 Notice of proposed increase in site rent . . . . . . . . . . . 26
165 Utility cost notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
166 Variation of site agreement on assignment to allow
site rent to be increased in accordance with market
review ............................. 27
167 More than 1 home owners committee . . . . . . . . . . . . 28
168 Existing park owner to give chief executive
information for record of residential parks . . . . . . . . . 28
Subdivision 3 Transitional provisions for proceedings
169 Converted caravans . . . . . . . . . . . . . . . . . . . . . . . . . . 29
170 Tribunal may consider whether term of site
agreement is void under s 159(1). . . . . . . . . . . . . . . . 30
171 Undecided applications to tribunal for particular
orders ............................. 30
172 Undecided application to tribunal for order about
proposed increase in site rent . . . . . . . . . . . . . . . . . . 30
173 Documents tribunal may consider on application for
site rent reduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
174 Tribunal's review of utility cost . . . . . . . . . . . . . . . . . . 31
175 Tribunal's power to make particular orders . . . . . . . . . 31
34 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 31
Page 3
2010
A Bill
for
An Act to amend the Manufactured Homes (Residential Parks)
Act 2003
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Manufactured Homes 3
(Residential Parks) Amendment Act 2010. 4
Clause 2 Commencement 5
The following provisions commence on a day to be fixed by 6
proclamation-- 7
(a) section 9; 8
(b) section 10 to the extent it inserts section 25A; 9
(c) sections 11, 16, 17, 18, 20, 22, 23, 24, 26, 29, 30 and 31; 10
(d) section 33 to the extent it inserts section 156 to the 11
extent that section 156 defines commencement; 12
(e) section 33 to the extent it inserts sections 158, 160 to 13
168, 172 and 174; 14
(f) section 34(2) to the extent it inserts the definitions 15
commencement, market review of site rent and 16
prohibited agreement. 17
Clause 3 Act amended 18
This Act amends the Manufactured Homes (Residential 19
Parks) Act 2003. 20
Clause 4 Amendment of s 4 (Objects of Act) 21
(1) Section 4(1) and (2)-- 22
renumber as section 4(2) and (3). 23
(2) Section 4-- 24
insert-- 25
Page 6
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 5]
`(1) The main object of this Act is to regulate, and promote fair 1
trading practices in, the operation of residential parks-- 2
(a) to protect home owners from unfair business practices; 3
and 4
(b) to enable home owners, and prospective home owners, 5
to make informed choices by being fully aware of their 6
rights and responsibilities in their relationship with park 7
owners.'. 8
(3) Section 4(2), as renumbered, from `The' to `by--'-- 9
omit, insert-- 10
`The main object is achieved by--'. 11
Clause 5 Omission of s 7 (Notes in text) 12
Section 7-- 13
omit. 14
Clause 6 Amendment of s 10 (What is a manufactured home) 15
Section 10-- 16
insert-- 17
`(2) A manufactured home does not include a converted caravan. 18
`(3) However, if a park owner and the owner of a converted 19
caravan enter into an agreement, that would be a site 20
agreement if it related to a manufactured home, for a site on 21
which the converted caravan is positioned or intended to be 22
positioned-- 23
(a) the converted caravan is taken to be a manufactured 24
home; and 25
(b) the agreement is taken to be a site agreement. 26
`(4) To remove any doubt, it is declared that an agreement entered 27
into under another Act or a former Act, other than the 28
repealed Mobile Homes Act 1989, is not a site agreement 29
under subsection (3). 30
Page 7
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 7]
Example-- 1
A residential tenancy agreement entered into under the Residential 2
Tenancies and Rooming Accommodation Act 2008 is not a site 3
agreement under subsection (3).'. 4
Clause 7 Insertion of new s 10A 5
After section 10-- 6
insert-- 7
`10A What is a converted caravan 8
A converted caravan is a structure that-- 9
(a) as originally designed, was a caravan; and 10
(b) is no longer a caravan because of a structural addition or 11
structural alteration.'. 12
Clause 8 Insertion of new s 14A 13
Part 2, after section 14-- 14
insert-- 15
`14A What is a site agreement dispute 16
`(1) A site agreement dispute is-- 17
(a) a dispute between the parties to a site agreement about 18
the parties' rights and obligations under the agreement 19
or this Act; or 20
(b) a dispute about whether a person is entitled to have a 21
park owner enter into a site agreement with the person; 22
or 23
(c) a dispute about whether a park owner is entitled to have 24
a person enter into a site agreement with the park owner. 25
`(2) However, neither of the following is a site agreement 26
dispute-- 27
(a) a dispute about whether a person is entitled to have a 28
park owner enter into a site agreement with the person 29
relating to a converted caravan; 30
Page 8
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 9]
(b) a dispute about whether a park owner is entitled to have 1
a person enter into a site agreement with the park owner 2
relating to a converted caravan.'. 3
Clause 9 Amendment of s 25 (Written agreement) 4
(1) Section 25(4)(d) to (g)-- 5
renumber as section 25(4)(i) to (l). 6
(2) Section 25(4)(a) to (c)-- 7
omit, insert-- 8
`(a) be easily legible; and 9
(b) if it is produced by any mechanical or electronic means, 10
for example, by a typewriter or computer--be in at least 11
12 point font; and 12
(c) be written in a precise way; and 13
(d) be clearly expressed in plain language; and 14
(e) precisely identify the site; and 15
(f) state each party's name and address; and 16
(g) state a phone number, if any, of the home owner; and 17
(h) state a business hours contact phone number, for the 18
park owner or, if a park manager has been appointed, the 19
park manager; and'. 20
(3) Section 25(4)(i)(iii), as renumbered, from `varied'-- 21
omit, insert-- 22
`varied, including that, under the Act, the tribunal 23
may-- 24
(A) make an order increasing the site rent on 25
application by the park owner; or 26
(B) make an order reducing the site rent on 27
application by the home owner; and 28
Note-- 29
Part 11 (Varying site rent) states the circumstances in 30
which the orders may be made.'. 31
Page 9
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 10]
Clause 10 Insertion of new ss 25A and 25B 1
After section 25-- 2
insert-- 3
`25A Application to tribunal--plain language 4
`(1) A home owner under a site agreement may apply to the 5
tribunal to consider whether a special term of the site 6
agreement is not clearly expressed in plain language. 7
`(2) If the tribunal considers the term is not clearly expressed in 8
plain language, it may do 1 or more of the following-- 9
(a) make an order varying the terms of the site agreement in 10
the way the tribunal considers appropriate; 11
(b) make an order prohibiting the park owner from using the 12
same or a similar term in any other site agreement 13
entered into after the order. 14
`25B Prohibited terms of site agreements and prohibited 15
park rules 16
`(1) A regulation may prohibit-- 17
(a) a stated type of special term in a site agreement; or 18
(b) a stated type of park rule. 19
`(2) A park owner must not include a special term in a site 20
agreement that is prohibited from being in a site agreement 21
under subsection (1). 22
Maximum penalty--100 penalty units. 23
`(3) A park owner must not make a type of park rule that is 24
prohibited under subsection (1). 25
Maximum penalty--100 penalty units. 26
`(4) A park owner must not attempt to enforce-- 27
(a) a special term in a site agreement that is prohibited from 28
being in a site agreement under subsection (1); or 29
(b) a park rule of a type that is prohibited under subsection 30
(1). 31
Page 10
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 11]
Maximum penalty--100 penalty units. 1
`(5) A term of a site agreement is void to the extent it is or contains 2
a term that is prohibited under subsection (1). 3
`(6) A home owner may apply to the tribunal to consider whether 4
part or all of a stated term of a site agreement is void under 5
subsection (5). 6
`(7) On application under subsection (6), the tribunal may do 1 of 7
the following-- 8
(a) declare that a stated term of the site agreement is void; 9
(b) declare that a stated term of the site agreement is not 10
void; 11
(c) declare that a stated term of the site agreement is void to 12
a stated extent; 13
(d) make an order varying a stated term of the site 14
agreement.'. 15
Clause 11 Amendment of s 36 (Termination of site agreement by 16
agreement between home owner and park owner) 17
(1) Section 36(3), penalty, `for subsection (3)'-- 18
omit. 19
(2) Section 36-- 20
insert-- 21
`(4) A park owner must not-- 22
(a) enter into a prohibited agreement; or 23
(b) vary a site agreement to include a term under which the 24
parties to the site agreement agree to terminate the site 25
agreement. 26
Maximum penalty--200 penalty units. 27
`(5) A prohibited agreement is void. 28
`(6) A variation of a site agreement as mentioned in subsection 29
(4)(b) is void.'. 30
Page 11
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 12]
Clause 12 Amendment of s 38 (Termination of site agreement by 1
tribunal) 2
(1) Section 38(1)(d)-- 3
omit, insert-- 4
`(d) the home owner is using the site other than as a place of 5
residence; 6
Example of the home owner using the site as a place of residence-- 7
the home owner using the site as rental accommodation'. 8
(2) Section 38(2)-- 9
omit. 10
(3) Section 38(3) and (4)-- 11
renumber as section 38(2) and (3). 12
Clause 13 Amendment of s 39 (Vacant possession of site to be 13
given after making of termination order) 14
(1) Section 39(2) to (5)-- 15
renumber as section 39(4) to (7). 16
(2) Section 39-- 17
insert-- 18
`(2) Subsection (3) applies if a termination order is made on a 19
ground mentioned in section 38(1)(f). 20
`(3) When deciding the termination day under subsection (1), if 21
the tribunal is satisfied it is just and equitable to do so having 22
regard to the particular circumstances of the case, the tribunal 23
may postpone the day the termination order would otherwise 24
have effect to a stated day not later than 1 year after the day of 25
the termination order. 26
Examples of particular circumstances-- 27
· the home owner's personal and financial circumstances, including 28
the home owner's health, age and mobility 29
· the availability and location of alternative accommodation at a 30
similar cost 31
Page 12
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 14]
· the financial impact on the park owner, if any, of postponing the day 1
the termination order would otherwise have effect 2
· any other financial or social considerations the tribunal considers 3
appropriate'. 4
(3) Section 39(5), as renumbered, `subsection (4)'-- 5
omit, insert-- 6
`subsection (6)'. 7
(4) Section 39(7), as renumbered, `subsection (4)(a)'-- 8
omit, insert-- 9
`subsection (6)(a)'. 10
Clause 14 Amendment of s 40 (Compensation may be payable in 11
particular circumstances) 12
Section 40, heading-- 13
omit, insert-- 14
`40 Compensation order'. 15
Clause 15 Insertion of new s 40A 16
After section 40-- 17
insert-- 18
`40A Other orders 19
`(1) This section applies if the tribunal makes a termination order, 20
in relation to a site agreement, on the ground mentioned in 21
section 38(1)(f). 22
`(2) With the consent of the home owner, the tribunal may order 23
the park owner to make a comparable site within the park 24
available to the home owner for the positioning of the 25
manufactured home. 26
`(3) However, the tribunal can not make an order under subsection 27
(2) if the tribunal is satisfied there is no comparable site 28
available. 29
`(4) If the tribunal makes an order under subsection (2), the 30
tribunal-- 31
Page 13
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 16]
(a) must make an order varying the site agreement to 1
identify the comparable site; and 2
(b) may make any other order, including an order varying 3
the site agreement in another way, the tribunal considers 4
appropriate in relation to the comparable site. 5
`(5) Subsection (2) does not prevent a compensation order under 6
section 40(2) being made in favour of the home owner.'. 7
Clause 16 Amendment of s 45 (Notice of proposed sale and 8
assignment) 9
Section 45(2)-- 10
insert-- 11
`(c) written advice by the park owner of the amount of the 12
site rent payable by the seller when the park owner 13
received the notice.'. 14
Clause 17 Amendment of s 49 (Consent to assignment of seller's 15
interest) 16
Section 49(5)(b)-- 17
omit, insert-- 18
`(b) give the seller written notice-- 19
(i) of the decision and the reasons for it; and 20
(ii) that the seller has the right to apply to the tribunal 21
if the seller is dissatisfied with the refusal. 22
Maximum penalty--20 penalty units.'. 23
Clause 18 Amendment of s 69 (Notice of increase in site rent) 24
(1) Section 69(2)(d)-- 25
omit. 26
(2) Section 69(3) and (4)-- 27
renumber as section 69(4) and (5). 28
Page 14
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 19]
(3) Section 69-- 1
insert-- 2
`(3) The park owner must also state in the notice that if the home 3
owner considers the increase is excessive, the home owner 4
may apply to the tribunal, within 28 days after receiving the 5
notice, for an order reducing the amount of, or setting aside, 6
the increase. 7
Maximum penalty--100 penalty units.'. 8
Clause 19 Amendment of s 70 (Home owner may apply to tribunal 9
for order about site rent increase) 10
(1) Section 70(3)(b) to (j)-- 11
renumber as section 70(3)(d) to (l). 12
(2) Section 70(3)(a)-- 13
omit, insert-- 14
`(a) the range of site rents usually charged for comparable 15
sites in comparable residential parks in the locality of 16
the park; 17
(b) if it is impractical to obtain data for the range of site 18
rents mentioned in paragraph (a), data is not available 19
for that range or it is just and equitable to do so in the 20
particular circumstances--the range of site rents usually 21
charged for comparable sites in comparable residential 22
parks in comparable localities to the locality the park is 23
in; 24
(c) if it is impractical to obtain data for the range of site 25
rents mentioned in paragraph (a) or (b), data is not 26
available for that range or it is just and equitable to do so 27
in the particular circumstances--general trends in rent 28
for residential accommodation in the locality the park is 29
in;'. 30
Page 15
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 20]
Clause 20 Amendment of s 71 (Notice of proposed increase in site 1
rent) 2
(1) Section 71(2) to (10)-- 3
renumber as section 71(3) to (11). 4
(2) Section 71(1)-- 5
insert-- 6
`(c) the proposed increase in site rent is necessary for the 7
park owner to cover-- 8
(i) significant increased operational costs in relation 9
to the park, including significant increases in rates, 10
taxes or utility costs for the park; or 11
(ii) unforeseen significant repair costs in relation to the 12
park; or 13
(iii) significant facility upgrades in relation to the park. 14
`(2) However, the proposed increase in site rent can not be based 15
on a market review of site rent.'. 16
(3) Section 71(7), as renumbered, `subsection (4)'-- 17
omit, insert-- 18
`subsection (5)'. 19
(4) Section 71(9), as renumbered, `section 70(3)'-- 20
omit, insert-- 21
`section 70(3)(d) to (l)'. 22
(5) Section 71(11), as renumbered, `subsection (9)(a) or (c)'-- 23
omit, insert-- 24
`subsection (10)(a) or (c)'. 25
Clause 21 Amendment of s 72 (Site rent reduction on application to 26
tribunal by home owner) 27
(1) Section 72-- 28
insert-- 29
Page 16
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 22]
`(c) a communal facility or service as follows has not been 1
provided at the park-- 2
(i) a communal facility or service described in 3
advertising, done by or for the park owner, of 4
which the home owner was aware before the site 5
agreement was entered into; 6
(ii) a communal facility or service described in a 7
document made available to the home owner by the 8
park owner before the site agreement was entered 9
into.'. 10
(2) Section 72-- 11
insert-- 12
`(2) The tribunal may consider any of the following documents for 13
subsection (1)-- 14
(a) the site agreement; 15
(b) the home owner's information document for the 16
residential park; 17
(c) any relevant advertising made available to the home 18
owner by the park owner before the site agreement was 19
entered into; 20
(d) any other document the tribunal considers is relevant.'. 21
Clause 22 Amendment of s 73 (Utility cost in site rent) 22
(1) Section 73(2)-- 23
omit, insert-- 24
`(2) The park owner must within 14 days after the change event 25
happens give the home owner a notice (a utility cost notice) 26
stating the following-- 27
(a) the utility cost factored into the site rent payable under 28
the agreement and how the utility cost has been worked 29
out; 30
(b) the date the change event happened; 31
(c) the site rent payable from that date; 32
Page 17
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 23]
(d) if the home owner disputes the utility cost, the home 1
owner may apply to the tribunal, within 28 days of 2
receiving the notice for-- 3
(i) an order reducing the site rent payable from the 4
change of event day by the amount the tribunal 5
considers appropriate; or 6
(ii) another order the tribunal considers appropriate. 7
Maximum penalty--10 penalty units.'. 8
Clause 23 Amendment of s 74 (Tribunal review of utility cost and 9
reduction in site rent) 10
(1) Section 74(2) and (3)-- 11
renumber as section 74(4) and (5). 12
(2) Section 74-- 13
insert-- 14
`(2) The home owner under the site agreement mentioned in 15
subsection (1)(a) may apply to the tribunal for an order under 16
subsection (4). 17
`(3) The home owner mentioned in subsection (1)(b) may apply to 18
the tribunal, within 28 days after receiving the notice, for an 19
order under subsection (4).'. 20
(3) Section 74(4), as renumbered, example, `subsection (2)(b)'-- 21
omit, insert-- 22
`subsection (4)(b)'. 23
(4) Section 74(5), as renumbered, `subsection (2)'-- 24
omit, insert-- 25
`subsection (4)'. 26
Clause 24 Insertion of new pt 11, div 5 27
Part 11-- 28
insert-- 29
Page 18
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 25]
`Division 5 Prohibition on particular conduct 1
`74A Park owner not to threaten, intimidate or coerce 2
home owner 3
`The park owner under a site agreement must not threaten, 4
intimidate or coerce, or attempt to threaten, intimidate or 5
coerce, the home owner to-- 6
(a) agree to an increase in the site rent; or 7
(b) refrain from seeking a review, under this part, of the site 8
rent. 9
Maximum penalty--200 penalty units.'. 10
Clause 25 Amendment of s 89 (Notice board) 11
(1) Section 89(3)-- 12
renumber as section 89(5). 13
(2) Section 89-- 14
insert-- 15
`(3) A regulation may prescribe a type of information that the park 16
owner must make all reasonable attempts to display on the 17
notice board during a prescribed period. 18
`(4) The park owner must make all reasonable attempts to display 19
the type of information prescribed under subsection (3) on the 20
notice board during the period. 21
Maximum penalty--5 penalty units.'. 22
Clause 26 Insertion of new s 91A 23
After section 91-- 24
insert-- 25
`91A Notice of change of business hours contact 26
telephone number 27
`If a business hours contact telephone number for the park 28
owner, or the park manager, stated in the site agreement under 29
Page 19
Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 27]
section 25(4)(h) changes, the park owner must give the home 1
owner written notice of the change within 7 days after the 2
change. 3
Maximum penalty--10 penalty units.'. 4
Clause 27 Amendment of s 95 (Fraudulent or misleading conduct) 5
Section 95, `the park.'-- 6
omit, insert-- 7
`the park or in acting as a home owner's agent to sell, or to 8
negotiate the sale of, a manufactured home. 9
Example-- 10
A park owner must not in advertising or in precontractual 11
negotiations-- 12
(a) indicate that the site rent will only ever increase in accordance 13
with increases in the consumer price index; or 14
(b) indicate that the site agreement can only be terminated by the 15
home owner.'. 16
Clause 28 Amendment of s 96 (Harassment or unconscionable 17
conduct) 18
Section 96, `the park.'-- 19
omit, insert-- 20
`the park or in acting as a home owner's agent to sell, or to 21
negotiate the sale of, a manufactured home.'. 22
Clause 29 Insertion of new s 99A 23
Part 14, after section 99-- 24
insert-- 25
`99A Separate charge by park owner not to be more than 26
cost of supply for use of utility 27
`(1) This section applies if-- 28
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 30]
(a) under a site agreement, the home owner is required to 1
pay the park owner for the use by the home owner of a 2
utility at the site; and 3
(b) the use is separately measured or metered. 4
`(2) The park owner must not charge the home owner an amount 5
for the use of a utility that is more than the amount charged by 6
the relevant supply authority for the quantity of the service 7
supplied to, or used at, the site. 8
Maximum penalty--20 penalty units.'. 9
Clause 30 Amendment of s 100 (Establishment of committee) 10
(1) Section 100(2) to (4)-- 11
renumber as section 100(3) to (5). 12
(2) Section 100-- 13
insert-- 14
`(2) Only 1 home owners committee may be established for a 15
residential park.'. 16
Clause 31 Insertion of new pt 19A 17
After section 139-- 18
insert-- 19
`Part 19A Record of residential parks 20
`139A Record of residential parks 21
`(1) The chief executive may keep a record of residential parks 22
that contain manufactured homes. 23
`(2) The record must contain the information about residential 24
parks given to the chief executive under section 139C. 25
`(3) The chief executive may keep the record in the way the chief 26
executive considers appropriate, including, for example, in 27
electronic form. 28
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 32]
`139B Inspecting record of residential parks 1
`(1) A person may, on payment of any fee that may be prescribed 2
under a regulation, inspect, or get a copy of details in, the 3
record-- 4
(a) at a place or places decided by the chief executive; or 5
(b) by using a computer. 6
`(2) The chief executive may publish information contained in the 7
record at the times, and in the way, decided by the chief 8
executive. 9
`139C Park owner to give chief executive information for 10
record of residential parks 11
`(1) The park owner for a residential park must, within 28 days 12
after opening the residential park, give the chief executive 13
notice, in the approved form, of the following information 14
unless the park owner has a reasonable excuse-- 15
(a) the name of the park; 16
(b) the address of the park; 17
(c) the postal address of the park; 18
(d) the number of manufactured home sites provided in the 19
park; 20
(e) any other information about the park prescribed under a 21
regulation. 22
Maximum penalty--5 penalty units. 23
`(2) The park owner for a residential park must, within 28 days of 24
a change in the information that is recorded in the record for 25
the park, give the chief executive notice, in the approved form, 26
of the change unless the park owner has a reasonable excuse. 27
Maximum penalty--5 penalty units.'. 28
Clause 32 Amendment of pt 21, div 2, hdg (Transitional provisions) 29
Part 21, division 2, heading, after `provisions'-- 30
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
insert-- 1
`for Act No. 74 of 2003'. 2
Clause 33 Insertion of new pt 21, div 3 3
Part 21-- 4
insert-- 5
`Division 3 Transitional provisions for 6
Manufactured Homes (Residential 7
Parks) Amendment Act 2010 8
`Subdivision 1 Preliminary 9
`156 Definitions for div 3 10
`In this division-- 11
amending Act means the Manufactured Homes (Residential 12
Parks) Amendment Act 2010. 13
assent means the start of the date of assent of the amending 14
Act. 15
commencement means the commencement of the provision in 16
which the word appears. 17
`Subdivision 2 General provisions 18
`157 Existing agreements involving converted caravans 19
`(1) This section applies to an agreement, that would be a site 20
agreement if it related to a manufactured home, between a 21
park owner and a home owner providing for the positioning of 22
a converted caravan on a site and-- 23
(a) entered into under, or purportedly under, this Act; and 24
(b) in force immediately before assent. 25
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
`(2) Despite the amended Act, other than this section, and subject 1
to section 169, the agreement-- 2
(a) is taken to be a site agreement; and 3
(b) continues, under this Act, according to its terms. 4
`(3) In this section-- 5
amended Act means this Act as amended under the amending 6
Act. 7
`158 Form and content of site agreements 8
`(1) Despite section 25, the provisions mentioned in subsection (2) 9
apply only for-- 10
(a) a site agreement entered into after commencement, 11
whether or not the site agreement has been varied; or 12
(b) a variation of a site agreement entered into before 13
commencement if the variation was made after 14
commencement. 15
`(2) For subsection (1), the provisions are as follows-- 16
(a) section 25(4)(a), (b), (d) and (h); 17
(b) section 25(4)(i)(iii) to the extent it requires a site 18
agreement to include a statement that, under the Act, the 19
tribunal may-- 20
(i) make an order increasing the site rent on 21
application by the park owner; or 22
(ii) make an order reducing the site rent on application 23
by the home owner. 24
`(3) Section 25A(1) applies only if the special term of the site 25
agreement mentioned in that section is-- 26
(a) part of a site agreement entered into after 27
commencement, whether or not the site agreement has 28
been varied; or 29
(b) a variation of a site agreement entered into before 30
commencement if the variation was made after 31
commencement. 32
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
`159 Prohibited terms of site agreements and prohibited 1
park rules 2
`(1) A term of a site agreement, included in the site agreement 3
before assent, is void to the extent it is or contains a term that 4
would be prohibited under section 25B(1) if it were included 5
in the site agreement after assent. 6
Note-- 7
See also section 170 (Tribunal may consider whether term of site 8
agreement is void under s 159(1)). 9
`(2) A park owner must not attempt to enforce-- 10
(a) a special term, in a site agreement, that is void under 11
subsection (1); or 12
(b) a park rule of a type that is void under subsection (1). 13
Maximum penalty--100 penalty units. 14
`160 Particular existing agreements to terminate site 15
agreement 16
`(1) This section applies if-- 17
(a) before commencement, a park owner and a home 18
owner-- 19
(i) entered into a prohibited agreement relating to a 20
site agreement; or 21
(ii) varied a site agreement to include a term under 22
which the parties to the site agreement agree to 23
terminate the site agreement; and 24
(b) the site agreement is in force. 25
`(2) A site agreement or other agreement is void to the extent it is 26
or contains the prohibited agreement. 27
`(3) The variation of the site agreement is void. 28
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
`161 Park owner's notice on receiving notice of proposed 1
assignment of seller's interest 2
`Section 45(2)(c) applies only for a notice of the proposed 3
assignment of the seller's interest in the site agreement 4
received by the park owner after commencement. 5
`162 Park owner's notice on refusal of consent to 6
assignment 7
`(1) Section 49(5)(b) applies only for a written request, made after 8
commencement, by a seller for the park owner's consent to an 9
assignment of the seller's interest in the site agreement. 10
`(2) Section 49(5)(b) as in force immediately before 11
commencement continues to apply for a written request, made 12
before commencement, by a seller for the park owner's 13
consent to an assignment of the seller's interest in the site 14
agreement. 15
`163 Notice of increase in site rent 16
`Section 69(3) applies to a park owner only if the notice of 17
increase in site rent required to be given under section 69(2) is 18
given by the park owner to the home owner after 19
commencement. 20
`164 Notice of proposed increase in site rent 21
`Section 71(1)(c) and (2) applies whether or not the site 22
agreement mentioned in section 71(1)(a) was entered into 23
before or after commencement. 24
`165 Utility cost notice 25
`Section 73(2) applies only for a utility cost notice given after 26
commencement. 27
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
`166 Variation of site agreement on assignment to allow 1
site rent to be increased in accordance with market 2
review 3
`(1) This section applies if-- 4
(a) a site agreement was entered into before 5
commencement; and 6
(b) the site agreement does not contain a clause permitting 7
the site rent to be increased based on a market review of 8
site rent. 9
`(2) The park owner under the site agreement may, by complying 10
with subsection (4), vary the site agreement by adding the 11
following term to the site agreement-- 12
`The site rent may be increased in accordance with a market 13
review of site rent no more often than once every 3 years 14
after the site agreement was entered into, that has regard to-- 15
(a) the range of rents usually charged for comparable sites 16
in comparable residential parks in the locality of the 17
park; or 18
(b) if it is impractical to obtain data for the range of site 19
rents mentioned in paragraph (a) or data is not available 20
for that range--the range of site rents usually charged 21
for comparable sites in comparable residential parks in 22
comparable localities to the locality the park is in; or 23
(c) if it is impractical to obtain data for the range of site 24
rents mentioned in paragraph (a) or (b) or data is not 25
available for that range--general trends in rent for 26
residential accommodation in the locality the park is in.'. 27
`(3) The term-- 28
(a) may be added to the site agreement only in conjunction 29
with an assignment of the site agreement; and 30
(b) may be added to the site agreement without the 31
agreement of the seller, buyer or any other future home 32
owner; and 33
(c) takes effect when the assignment takes effect; and 34
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
(d) when added, is taken to be a term of the site agreement 1
for all purposes under this Act. 2
`(4) However, subsection (3)(d) only applies if-- 3
(a) at the same time as the park owner gives a copy of the 4
site agreement and disclosure documents for the park to 5
the buyer under section 45(2), the park owner also gives 6
the buyer notice, in the approved form-- 7
(i) of the addition of the term to the site agreement; 8
and 9
(ii) of the date on which the next market review of site 10
rent will happen; and 11
(b) the park owner, as soon as possible after giving a notice 12
under paragraph (a), but within 3 days after doing so, 13
gives the seller a copy of the notice. 14
`167 More than 1 home owners committee 15
`(1) This section applies if, immediately before commencement, 16
there was more than 1 home owners committee for a 17
residential park. 18
`(2) The home owners for the park may, by election conducted 19
among themselves within 3 months after commencement, 20
establish a single home owners committee. 21
`(3) Sections 100(3) to (5) apply in relation to a home owners 22
committee elected under subsection (2). 23
`168 Existing park owner to give chief executive 24
information for record of residential parks 25
`If a person was a park owner for a residential park 26
immediately before commencement, for section 139C, the 27
person is taken to have opened the park 2 months after 28
commencement. 29
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
`Subdivision 3 Transitional provisions for 1
proceedings 2
`169 Converted caravans 3
`(1) This section applies if-- 4
(a) before assent, an application was made to a court or 5
tribunal relating to a relevant matter; and 6
(b) the application has not been decided. 7
`(2) This section also applies if-- 8
(a) an application is made to a court or tribunal, on or after 9
but within 3 years after assent about a dispute mentioned 10
in subsection (5), definition relevant matter, paragraph 11
(b) or (c) about a converted caravan; and 12
(b) the converted caravan was positioned on a site in the 13
park before assent; and 14
(c) the applicant owns the converted caravan and owned it 15
immediately before assent. 16
`(3) The court or tribunal must decide the application as if the 17
amending Act had not commenced. 18
`(4) For an application mentioned in subsection (2)(a), the court or 19
tribunal must decide the application on the basis of the 20
structural characteristics of the converted caravan on assent. 21
`(5) In this section-- 22
relevant matter means-- 23
(a) an agreement between a park owner and a home owner 24
providing for the positioning of a converted caravan on a 25
site; or 26
(b) a dispute about whether a person is entitled to have a 27
park owner enter into a site agreement with the person 28
relating to a converted caravan; or 29
(c) a dispute about whether a park owner is entitled to have 30
a person enter into a site agreement with the park owner 31
relating to a converted caravan. 32
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 33]
`170 Tribunal may consider whether term of site 1
agreement is void under s 159(1) 2
`(1) A home owner may apply to the tribunal to consider whether 3
part or all of a stated term of a site agreement is void under 4
section 159(1). 5
`(2) On application under subsection (1), the tribunal may do 1 of 6
the following-- 7
(a) declare that a stated term of the site agreement is void; 8
(b) declare that a stated term of the site agreement is not 9
void; 10
(c) declare that a stated term of the site agreement is void to 11
a stated extent; 12
(d) make an order varying a stated term of the site 13
agreement. 14
`171 Undecided applications to tribunal for particular 15
orders 16
`(1) This section applies if-- 17
(a) before assent-- 18
(i) an application for a termination order was made to 19
the tribunal under section 38(1)(d); or 20
(ii) an application was made to the tribunal under 21
section 70(2); and 22
(b) the application has not been decided. 23
`(2) The tribunal must decide the application as if the amending 24
Act had not commenced. 25
`172 Undecided application to tribunal for order about 26
proposed increase in site rent 27
`(1) This section applies if-- 28
(a) before commencement, an application was made to the 29
tribunal under section 71(7) as then in force; and 30
(b) the application has not been decided. 31
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 34]
`(2) The tribunal must decide the application as if the amending 1
Act had not commenced. 2
`173 Documents tribunal may consider on application for 3
site rent reduction 4
`Section 72(2) applies only in relation to an application to the 5
tribunal for an order under section 72(1) made after assent. 6
`174 Tribunal's review of utility cost 7
`Section 74(2) and (3) applies only for a utility cost notice 8
given after commencement. 9
`175 Tribunal's power to make particular orders 10
`Sections 39(2) and (3) and 40A apply only for an application 11
to the tribunal for a termination order made after assent.'. 12
Clause 34 Amendment of schedule (Dictionary) 13
(1) Schedule, definition site agreement dispute-- 14
omit. 15
(2) Schedule-- 16
insert-- 17
`amending Act, for part 21, division 3, see section 156. 18
assent, for part 21, division 3, see section 156. 19
commencement, for part 21, division 3, see section 156. 20
converted caravan see section 10A. 21
market review of site rent means a review of site rent the 22
outcome of which is decided by comparing the site rent with 1 23
or both of the following-- 24
(a) the site rent payable for a site in 1 or more residential 25
parks; or 26
(b) the rent payable for other residential accommodation. 27
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Manufactured Homes (Residential Parks) Amendment Bill 2010
[s 34]
prohibited agreement, in relation to a site agreement, means 1
any of the following agreements, or terms of an agreement, 2
between a park owner and a home owner if the agreement is 3
entered into before or on the same day as the park owner and 4
the home owner enter into the site agreement-- 5
(a) a term of the site agreement to terminate the site 6
agreement; 7
(b) another agreement, or a term of another agreement, to 8
terminate the site agreement; 9
(c) a term of the site agreement requiring the home owner to 10
enter into an agreement with the park owner at some 11
later time to terminate the site agreement. 12
site agreement dispute see section 14A.'. 13
© State of Queensland 2010
Page 32
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