Residential Tenancies Amendment Act 2019

1: Title
This Act is the Residential Tenancies Amendment Act 2019.
2: Commencement
1: This Act comes into force as follows:
a: sections 1 to 3 5(1) and (2) 23 47 Schedule
b: the rest of Part 1 sections 26(1) 30(1) and (3) 43 44
c: the rest of Part 2
2: Any provision of this Act that may be brought into force under subsection (1)﻿(c) and that is not in force on the expiry of the 18-month period that starts on the date of Royal assent comes into force on the expiry of that 18-month period.
3: Principal Act
This Act amends the Residential Tenancies Act 1986 principal Act 2019-07-31 Residential Tenancies Act 1986 Sections 1–3, 5(1) & (2), 23, 47, and Schedule (see s 2(1)﻿(a)). 2019-08-27 Residential Tenancies Act 1986 Part 1 (excluding sections 1–3, 5(1) & (2), 23, 47, and Schedule), and section 26(1), 30(1) & (3), 43, 44 (see s 2(1)﻿(b)). 2021-01-30 Residential Tenancies Act 1986 Part 2 (excluding sections section 26(1), 30(1) & (3), 43, 44). Can be brought into force earlier by OIC (see s 2(1)﻿(c) & (2)).
1: Amendments relating to tenant liability and premises unlawful for residential use
4: Section 2 amended (Interpretation)
1: In section 2(1) section 78A work order section 78A unlawful residential premises section 78A(2)
2: In section 2(1) residential premises residential premises
3: In section 2(1) work order healthy homes standards ; and
4: In section 2(1) work order
c: if section 78A see also section 78A(4)﻿(b)
5: Section 13A amended (Contents of tenancy agreement)
1: Renumber section 13A(1DA) Healthy Homes Guarantee Act 2017
2: After section 13A(1D)
1DA: However, the landlord’s statements under subsections (1A) and (1CA) can be combined, with the landlord signing once to confirm both statements (in addition to the landlord signing the tenancy agreement).
3: In section 13A(1F)﻿(a) and (b) , or (1CB) , (1CB), (2), (3), or (4)
4: After section 13A(1F)
2: The landlord must include in the tenancy agreement the following information about insurance of the premises:
a: if the premises are not insured, a statement that they are not insured; and
b: if the premises are insured, a statement—
i: setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and
ii: informing the tenant that a copy of the policy is available to the tenant on request (except that the statement need not inform the tenant of this if the landlord has already provided to the tenant a copy of the policy in accordance with section 45(2B) or 66J(5)
3: If a tenant under a tenancy agreement that was entered into before subsection (2)
4: If anything changes so that the information that was included in the tenancy agreement in accordance with subsection (2) subsection (3)
6: Section 40 amended (Tenant’s responsibilities)
1: After section 40(3A)
3B: See sections 49A and 49B
2: Repeal section 40(4)
7: Section 45 amended (Landlord’s responsibilities)
After section 45(2A)
2B: The landlord of premises that are insured may at any time, and must within a reasonable time after receiving a request from the tenant for a copy of the insurance policy, provide to the tenant under a tenancy agreement a copy of each insurance policy that is relevant to the tenant’s liability for destruction of, or damage to, the premises.
2C: If anything changes so that the insurance information that was provided in accordance with subsection (2B)
a: provide the tenant with a copy of the correct information; or
b: if the premises are no longer insured, provide the tenant with a statement that they are not insured.
2D: A landlord’s failure to comply with subsection (2B) or (2C)
8: New sections 49A to 49E and cross-heading inserted
After section 49 Responsibility for damage
49A: General principle
1: Except as provided in section 49B
a: meet the cost of making good any destruction of, or damage to, the premises; or
b: indemnify the landlord against the cost of making good the destruction or damage; or
c: pay damages related to the destruction or damage; or
d: carry out any works to make good the destruction or damage.
2: A tenant is not, in any case, liable for fair wear and tear.
49B: When tenant liable
1: A tenant is not excused from liability or obligation by section 49A(1)
a: the destruction or damage was intentionally done or caused by the tenant or by a person for whose actions the tenant is responsible under section 41 or 66L; or
b: the destruction or damage was the result of an act or omission by the tenant or by a person for whose actions the tenant is responsible under section 41 or 66L and the act or omission occurred on or about the premises and constitutes an imprisonable offence.
2: To the extent provided in subsection (3) subsection (1)
3: The tenant’s liability under subsection (2)
a: if the property is insured against the destruction or damage, to the lesser of the applicable excess under the insurance and whichever of the following is applicable:
i: if the tenant pays an income-related rent within the meaning of section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992, the market rent within the meaning of section 2(1) of that Act for the premises for a period of 4 weeks:
ii: in any other case, the rent under the tenancy agreement for a period of 4 weeks; or
b: otherwise, to whichever of the following is applicable:
i: if the tenant pays an income-related rent within the meaning of section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992, the market rent within the meaning of section 2(1) of that Act for the premises for a period of 4 weeks:
ii: in any other case, the rent under the tenancy agreement for a period of 4 weeks.
4: However,—
a: if any insurance moneys that would otherwise have been payable because of the destruction or damage are irrecoverable because of an act or omission of the tenant or of a person for whose actions the tenant is responsible under section 41 or 66L, for the purposes of subsection (3) subsection (3)﻿(b) subsection (2)
b: see also clause 19 of Schedule 1AA subsection (3)﻿(b) subsection (2)
5: To avoid doubt, a tenant’s liability under subsection (2) subsection (3)
6: Unless the damage is the result of an action described in subsection (1) subsection (3)
7: Destruction or damage of which the landlord becomes aware after this section comes into force is presumed to have occurred after this section came into force unless the tenant proves otherwise.
8: If any destruction of, or damage to, the premises is proved to have occurred during any tenancy to which this Act applies,—
a: it is for the landlord to prove—
i: that any damage is not fair wear and tear; and
ii: that any destruction or damage occurred in circumstances described in subsection (1)﻿(b)
iii: that any insurance moneys are irrecoverable for the reasons described in subsection (4)﻿(a)
b: it is for the tenant to prove—
i: that any destruction or damage was not intentionally done or caused as described in subsection (1)﻿(a)
ii: that any destruction or damage was not caused by a careless act or omission described in subsection (2)
49C: Landlord, not insurer, to benefit from tenant liability for careless damage
1: An insurer of the premises against destruction or damage has no right or claim in relation to a tenant’s liability under section 49B(2) or (6)
2: If an insured receives or is entitled to receive any money or benefit arising out of a tenant’s liability under section 49B(2) or (6)
49D: Unlawful acts related to liability
It is declared to be an unlawful act for a landlord—
a: to demand, request, or accept from the tenant—
i: payment of an amount related to destruction of, or damage to, the premises that exceeds the tenant’s liability in accordance with section 49B
ii: the carrying out of any works to make good destruction of, or damage to, the premises the value of which exceeds the tenant’s liability in accordance with section 49B
b: to propose to, or enter into with, the tenant an agreement under which the tenant is obligated—
i: to pay an amount related to destruction of, or damage to, the premises that exceeds the tenant’s liability under section 49B
ii: to carry out any works to make good the destruction or damage if the value of the works exceeds the tenant’s liability under section 49B
49E: Meaning of premises
In sections 49A to 49D premises
9: Section 50 amended (Circumstances in which tenancies are terminated)
In section 50(a) sections 58(1)﻿(d) sections 56A(1)
10: Section 51 amended (Termination by notice)
In section 51(2) 53A, 56A(1)
11: Section 55 amended (Termination on non-payment of rent, damage, or assault)
In section 55(2) applies (but see also section 78A(3)﻿(b)
12: New section 56A inserted (Termination where premises are unlawful residential premises)
After section 56
56A: Termination where premises are unlawful residential premises
1: A tenant of premises that at the start of the tenancy were, and that remain, unlawful residential premises may terminate the tenancy by giving not less than 2 days’ notice to the landlord.
2: Without limiting subsection (1)
3: The Tribunal may make the order if section 78A
13: Section 61 amended (Abandonment of premises)
After section 61(3)
3A: Subsection (3) does not apply if section 78A
14: Section 64 amended (Possession orders)
In section 64(3) section 56 or section 56A
15: Section 66J amended (Other obligations of landlord)
After section 66J(4)
5: The landlord of premises that are insured may at any time, and must within a reasonable time after receiving a request from the tenant for a copy of the insurance policy, provide to the tenant under a tenancy agreement a copy of each insurance policy that is relevant to the tenant’s liability for destruction of, or damage to, the premises.
6: If anything changes so that the insurance information that was provided in accordance with subsection (5)
a: provide the tenant with a copy of the correct information; or
b: if the premises are no longer insured, provide the tenant with a statement that they are not insured.
7: A landlord’s failure to comply with subsection (5) or (6)
16: Section 66K amended (Obligations of tenant)
1: In section 66K(1)﻿(e) ; and
2: Repeal section 66K(1)﻿(f)
3: After section 66K(4)
5: See sections 49A and 49B
17: Section 77 amended (Jurisdiction of Tribunal)
1: After section 77(2)﻿(ab)
ac: to determine whether any premises are or are not, or were or were not at any material time, unlawful residential premises as defined in section 78A(2)
2: After section 77(2)﻿(mc)
md: to make orders in accordance with section 78A
3: After section 77(2A)
2B: If section 78A
2C: Nothing in this Act requires the Tribunal to inquire, in the case of every dispute within its jurisdiction, into whether premises are, or were at any material time, unlawful residential premises.
18: Section 78 amended (Orders of Tribunal)
1: In section 78(1) in respect of any claim within its jurisdiction (but subject to section 78A
2: In section 78(2AA) apply if the work order is a section 78A
3: After section 78(2AAB)
2AABA: Subsection (2AAB) does not apply if the work order is a section 78A
19: New section 78A inserted (Orders of Tribunal relating to unlawful residential premises)
After section 78
78A: Orders of Tribunal relating to unlawful residential premises
1: This section applies in any matter where the Tribunal, on application by a party or otherwise on the evidence before the Tribunal in respect of any claim within its jurisdiction, determines or declares that the premises are, or were at any material time, unlawful residential premises.
2: For the purposes of this Act, unlawful residential premises
a: that cannot lawfully be occupied for residential purposes by that person (whether generally or whether for the particular residential purposes for which that person is granted occupation); and
b: where the landlord’s failure to comply with the landlord’s obligations under section 36 or 45(1)﻿(c), or section 66H(2)﻿(c) or 66I(1)﻿(c), as relevant, has caused the occupation by that person to be unlawful or has contributed to that unlawful occupation.
3: Despite anything to the contrary elsewhere in this Act,—
a: unless the Tribunal is satisfied that, having regard to the special circumstances of the matter, including the nature of the premises, it would be unjust not to make the order, the Tribunal must not order the tenant to pay to the landlord—
i: any sum found to be owing by way of rent in arrear; or
ii: any other sum by way of damages or compensation:
b: if the landlord has applied for termination on the ground of rent in arrear, the Tribunal may, but is not required to, make the order terminating the tenancy.
4: Without limiting the generality of section 77 or the nature or extent of orders that the Tribunal may make in accordance with this Act in relation to the matter,—
a: the Tribunal may order the landlord to pay to the tenant—
i: the whole of the sum found to have been paid by way of rent for the period for which the Tribunal is satisfied that the premises are or were unlawful residential premises; or
ii: an amount that is the sum referred to in subparagraph (i)
b: a section 78A
i: remove or rectify any impediment to the tenant lawfully occupying the premises for residential purposes; or
ii: comply with all requirements in respect of buildings, health, or safety under any enactment so far as they apply to the premises.
5: Even if the tenant does not apply for a particular order, the Tribunal may make any of the following orders on its own initiative:
a: any order under subsection (4)﻿(a)
b: any section 78A
c: any other order, authorised by this Act, that is in favour of the tenant (including, without limitation, an order under section 109 for an amount in the nature of exemplary damages for failure to comply with section 45(1)﻿(c) or 66I(1)﻿(c)).
20: Section 108 amended (Enforcement of work orders)
1: In section 108(2)﻿(a) section 78 (or 78A
2: In section 108(2)﻿(c) make an order (except in the case of a section 78A
21: Section 112 amended (Contempt)
In section 112(1)﻿(d) section 78 or section 108(2) section 78, 78A
22: Section 142 amended (Effect of Property Law Act 2007)
1: In the heading to section 142 Effect Non-application of Part 4
2: Repeal section 142(2)
23: Schedule 1AA amended
In Schedule 1AA, after clause 14 Part 4 Schedule
24: Schedule 1A amended
1: In Schedule 1A or (1CB) (1CB), (2), (3), or (4)
2: In Schedule 1A The following table is small in size and has 3 columns. This table amends Schedule 1A of the Residential Tenancies Act 1986 and should be read with that table to provide understanding of the content. 45(2D) (Landlord’s failure to meet obligations to provide insurance policy or to correct information provided) 500 49D (Unlawful acts of landlord related to the tenant’s liability under section 49B 1,000 66J(7) (Landlord of boarding house failing to meet obligations to provide insurance policy or to correct information provided) 500
3: In Schedule 1A The following table is small in size and has 3 columns. This table amends Schedule 1A of the Residential Tenancies Act 1986 and should be read with that table to provide understanding of the content. 108(2A) (Breach of work order (other than section 78A 3,000 108(2A) (Landlord breaching section 78A 4,000
25: Consequential amendment to Unit Titles Act 2010
1: This section amends the Unit Titles Act 2010
2: After section 176(1)﻿(a)
aa: section 78A 2019-08-27 Unit Titles Act 2010 See s 2(1)﻿(b).
2: Amendments relating to methamphetamine and other contaminants
26: Section 2 amended (Interpretation)
1: In section 2(1) contaminant
a: methamphetamine:
b: any substance prescribed, or within a class of substance prescribed, as being a contaminant for the purposes of this Act methamphetamine
2: In section 2(1) contaminated
27: Section 33 amended (Tenant’s goods not to be seized)
In section 33(4)﻿(a) 62C or in accordance with regulations made for the purposes of section 62(3A)
28: Section 45 amended (Landlord’s responsibilities)
1: Before section 45(1)﻿(c)
bd: comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(3)﻿(c)
2: After section 45(1)
1AA: Subsection (1AAB)
a: the landlord knows that tests carried out in accordance with prescribed methods have established that the premises are contaminated; and
b: the premises have not been decontaminated in accordance with the relevant prescribed decontamination process.
1AAB: If this subsection applies—
a: and the premises have not yet been provided to the tenant, the landlord must not provide the premises to the tenant until the premises have been decontaminated in accordance with a relevant prescribed decontamination process:
b: and the tenant has already been provided with the premises, the landlord may continue to provide the premises to the tenant (under that tenancy or any extension or renewal of that tenancy) only if the premises are being decontaminated in accordance with a relevant prescribed decontamination process and any rules prescribed under section 138C(3)﻿(f)
1AAC: Subsections (1AA) and (1AAB) see also section 45A
3: After section 45(1A)
1AB: A contravention by the landlord of subsection (1AAB)
4: In section 45(3) and (4) subsection (1) subsections (1) to (1AAB)
29: New section 45A inserted (Protection from liability for landlord who complies with contaminant regulations)
After section 45
45A: Protection from liability for landlord who complies with contaminant regulations
1: Subsection (2)
a: a contaminant is present at the premises, but either—
i: the premises are not contaminated with the contaminant; or
ii: unknown to the landlord, the premises are contaminated with the contaminant; and
b: regulations made under section 138C(3)﻿(c)
2: The landlord (having complied with those regulations during that period) is not liable, under this Act, for not having provided the tenant with clean or habitable premises during that period on the basis of the presence of the contaminant in the premises.
3: For the purpose of this section, a landlord knows that premises are contaminated only if the landlord knows that tests carried out in accordance with a relevant prescribed method have established that the premises are contaminated.
30: Section 48 amended (Landlord’s right of entry)
1: After section 48(2)﻿(b)
ba: for the purpose of testing for the presence of contaminants or taking samples for such testing (except where the testing or sample taking is part of a prescribed decontamination process) at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it (including stating the contaminants to be tested for) at least 48 hours but not more than 14 days before the intended entry; or
2: Before section 48(2)﻿(d)
cc: without limiting paragraph (d), for the purpose of carrying out decontamination work to the premises, and attending to such other matters required if decontaminating in accordance with a prescribed process (including any testing or sample taking as part of that prescribed process), at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or
3: After section 48(3A)
3B: If premises are entered for the purpose of testing for the presence of contaminants or taking samples for such testing (including as part of any decontamination process), the landlord must, within 7 days of receiving the results of the testing, notify the tenant, in writing, of the results of the testing and provide the tenant with a copy (if any) of the results.
31: Section 50 amended (Circumstances in which tenancies are terminated)
In section 50(a) or 59A 59A, or 59B
32: Section 51 amended (Termination by notice)
In section 51(1) and (2) and 59A 59A, and 59B
33: Section 59 amended (Destruction of premises)
After section 59(4)
5: This section does not apply in relation to damage that is contamination by a contaminant if regulations prescribe a relevant method of testing for, and a relevant maximum inhabitable level of, that contaminant (but see section 59B
34: Section 59A amended (Termination where breach renders premises uninhabitable)
After section 59A(5)
6: This section does not apply in relation to damage that is contamination by a contaminant if regulations prescribe a relevant method of testing for, and a relevant maximum inhabitable level of, that contaminant (but see section 59B
35: New section 59B inserted (Termination where regulations prescribe testing methods and maximum inhabitable level of contaminant)
After section 59A
59B: Termination where regulations prescribe testing methods and maximum inhabitable level of contaminant
1: This section applies if testing in accordance with a relevant prescribed method establishes contamination by a contaminant, in any part of the premises, at a level that is above a relevant maximum inhabitable level prescribed for that contaminant.
2: If the contamination has occurred as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy),—
a: the whole of the premises is treated as uninhabitable; and
b: if the tenant is not in breach, the rent abates; and
c: the party who is not in breach may give notice to the other party terminating the tenancy.
3: If the contamination has occurred otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), then, unless subsection (4)
a: the whole of the premises is treated as uninhabitable; and
b: the rent abates; and
c: either party may give notice to the other terminating the tenancy.
4: However, for the purposes of subsection (3) see subsection (8)
a: the rent abates accordingly; and
b: either party may apply to the Tribunal for an order terminating the tenancy.
5: On an application under subsection (4)﻿(b)
6: Where a landlord gives notice of termination under this section, the period of notice is not less than 7 days.
7: Where a tenant gives notice of termination under this section, the period of notice is not less than 2 days.
8: In this section, a part of the premises is remote and inconsequential
a: it is physically located away from, or physically closed off to, the rest of the premises in a way that is likely to prevent the spread of the contaminant to the rest of the premises (or is capable of being, and, after contamination is established, is, physically removed from or physically closed off to the rest of the premises in a way that is likely to prevent that spread); and
b: the rest of the premises can reasonably be used, without that part, as residential premises under the tenancy agreement.
36: Section 62 amended (Goods left on premises on termination of tenancy)
After section 62(3)
3A: However, if tests carried out in accordance with a relevant prescribed method have established that the premises are contaminated, and regulations under this Act prescribe a process (and associated duties) for dealing with the goods, subsection (3) does not apply and those regulations must instead be complied with.
37: Section 62E amended (Responsibility of tenant unaffected)
In section 62E 62D and any regulations made for the purposes of section 62(3A)
38: Section 62F amended (Protection from liability)
1: In section 62F(1) 62A 62B or in accordance with regulations
2: In section 62F(2) 62A(5)﻿(b)﻿(ii) 62B(2)﻿(b) or in accordance with regulations,
3: After section 62F(2)
3: In this section, regulations section 62(3A)
39: Section 64 amended (Possession orders)
In section 64(3) or section 59 or section 59B
40: Section 66H amended (Landlord’s obligations at start of tenancy)
After section 66H(2)
3: See also sections 66I(1B)﻿(a) and 66IA
41: Section 66I amended (Landlord’s ongoing obligations)
1: After section 66I(1)﻿(bb)
bc: comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(3)﻿(c)
2: After section 66I(1)
1A: Subsection (1B)
a: the landlord knows that tests carried out in accordance with a relevant prescribed method have established that any part of the boarding room or facilities of the boarding house is contaminated; and
b: the boarding room or facilities (as relevant) have not been decontaminated in accordance with a relevant prescribed decontamination process.
1B: If this subsection applies—
a: and the boarding room has not yet been provided to the tenant, the landlord must not provide the boarding room to the tenant until the boarding room or facilities (as relevant) have been decontaminated in accordance with a relevant prescribed decontamination process:
b: and the tenant has already been provided with the boarding room, the landlord may continue to provide the boarding room to the tenant (under that tenancy or any extension or renewal of that tenancy) only if the boarding room or facilities (as relevant) are being decontaminated in accordance with a relevant prescribed decontamination process and any rules prescribed under section 138C(3)﻿(f)
1C: Subsections (1A) and (1B) see also section 66IA
3: In section 66I(2) Subsection (1) applies Subsections (1) to (1B)
4: After section 66I(4)
5: A contravention by the landlord of subsection (1B)
42: New section 66IA inserted (Protection from liability for landlord who complies with contaminant regulations)
After section 66I
66IA: Protection from liability for landlord who complies with contaminant regulations
1: Subsection (2)
a: a contaminant is present at the premises, but either—
i: the premises are not contaminated with the contaminant; or
ii: unknown to the landlord, the premises are contaminated with the contaminant; and
b: regulations made under section 138C(3)﻿(c)
2: The landlord (having complied with those regulations during that period) is not liable, under this Act, for not having provided the tenant with clean or habitable premises during that period on the basis of the presence of the contaminant in the premises.
3: For the purpose of this section, a landlord knows that premises are contaminated only if the landlord knows that tests carried out in accordance with a relevant prescribed method have established that the premises are contaminated.
43: Section 66J amended (Other obligations of landlord)
After section 66J(3)
3A: If the landlord carries out tests for the presence of contaminants in any of the facilities, the landlord must, within 7 days of receiving the results of the testing, notify every current tenant of the boarding house, in writing, of the results of the testing, and provide each of them with a copy (if any) of the results.
44: Section 66S amended (Notice of entry)
1: Before section 66S(1)﻿(d)
cc: to test for the presence of stated contaminants, or to take samples for such testing:
2: After section 66S(3)﻿(a)
aa: if the purpose is to test for the presence of stated contaminants or to take samples for such testing (or involves such testing or sample taking for the purpose of subsection (1)﻿(c)), state those contaminants; and
3: After section 66S(4)
5: If a boarding room is entered under a notice of entry for the purpose of testing for the presence of stated contaminants, or taking samples for such testing (or involves such testing or sample taking for the purpose of subsection (1)﻿(c)), the landlord must, within 7 days of receiving the results of the testing, notify the tenant, in writing, of the results of the testing and provide the tenant with a copy (if any) of the results.
45: Section 77 amended (Jurisdiction of Tribunal)
In section 77(2)﻿(mc) 62B or in accordance with any regulations made for the purposes of section 62(3A)
46: Section 78 amended (Orders of Tribunal)
After section 78(2AA)﻿(b)
ba: decontamination:
47: Section 138C replaced (Powers to make regulations under sections 138A and 138B not limited by other enactments)
Replace section 138C Healthy Homes Guarantee Act 2017
138C: Regulations in respect of contaminants and contaminated premises
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing substances, or classes of substances, as contaminants for the purposes of this Act.
2: Before making a recommendation for the purposes of subsection (1)
3: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing maximum acceptable levels, or a means of calculating maximum acceptable levels, of contaminants for premises for the purposes of the definition of contaminated:
b: prescribing maximum inhabitable levels of contaminants for premises for the purpose of section 59B
c: imposing on landlords requirements in respect of contaminants for the purposes of section 45(1)﻿(bd) or 66I(1)﻿(bc)
d: prescribing methods for carrying out tests for the presence of contaminants in premises (including for testing premises, taking samples for testing, testing of samples, establishing levels of contaminants present in premises, and who is authorised to carry out the tests or parts of the tests):
e: prescribing decontamination processes (which may extend to pre-decontamination and post-decontamination assessment, sampling, and testing, and may include who is authorised to carry out processes or parts of processes):
f: prescribing, for the purposes of section 45(1AAB)﻿(b) or 66I(1B)﻿(b)
g: prescribing processes and duties for the purposes of section 62(3A)
4: Regulations under this section may make different provision for different cases on any differential basis, including—
a: contaminants or classes of contaminants:
b: spaces, materials, or other aspects of premises or goods, or for different descriptions of premises or goods:
c: levels of contamination:
d: without limiting paragraph (b)
5: The requirements that may be imposed by regulations under subsection (3)﻿(c)
a: requirements to test premises for the presence of contaminants in certain circumstances:
b: requirements to use the methods prescribed, or parts of those prescribed methods, for carrying out tests or parts of tests for the presence of contaminants in premises, in all or in certain circumstances:
c: requirements to use prescribed decontamination processes if decontaminating premises.
6: Requirements under subsection (5)﻿(a)
7: Regulations under this section, including requirements imposed by regulations under this section, may be subject to exceptions.
8: Regulations under subsection (3)﻿(g)
a: require compliance with, or otherwise incorporate, sections 62(3) and 62A to 62D—
i: in whole or in part; and
ii: with modifications, additions, or variations specified in the regulations; and
b: without limiting the generality of the above, permit the landlord to decontaminate abandoned goods and deduct from the proceeds of sale the costs of decontaminating the goods that were reasonably incurred by the landlord.
9: In this section, premises
138D: Powers to make regulations under sections 138A to 138C not limited by other enactments, etc
1: To avoid doubt, nothing in the Building Act 2004, or in any other enactment relating to buildings, health, or safety, limits the provision that may be made by regulations under section 138A, 138B, or 138C
2: Regulations under section 138B(1) may provide that a provision of any regulations in force under section 120C of the Health Act 1956 that relates to any matter referred to in section 138B(2) does not apply in relation to premises (read in accordance with section 138B(7)) that are subject to tenancies.
48: Schedule 1A amended
1: In Schedule 1A The following table is small in size and has 3 columns. This table amends Schedule 1A of the Residential Tenancies Act 1986 and should be read with that table to provide understanding of the content. 45(1AB) (Landlord providing premises, or continuing to provide premises, despite landlord’s knowledge of contamination of premises) 4,000 66I(5) (Landlord of boarding house providing, or continuing to provide, boarding room despite landlord’s knowledge of contamination of boarding room or facilities) 4,000
2: In Schedule 1A healthy homes standards, Healthy Homes Guarantee Act 2017 contamination,