S. 3(1) def. of bond amended by No. 67/2010 s. 5(2). bond means— (a) an amount paid or payable by a tenant to secure his or her performance and observance of the tenancy agreement or any of the provisions of this Act relating to the tenancy agreement; or (b) an amount paid or payable by a resident to secure his or her performance and observance of any agreement relating to the residency or of any of the provisions of this Act relating to the residency; or s. 3 (c) an amount paid or payable by a site tenant to secure his or her performance and observance of the site agreement or any of the provisions of this Act relating to the site agreement; Building Appeals Board means the Building Appeals Board under the Building Act 1993; business day means a day other than a Saturday, Sunday or public holiday; caravan means— (a) a movable dwelling; or (b) an immovable dwelling situated in a caravan park— but, except in Part 14, does not include such a dwelling occupied in pursuance of a contract of employment; caravan park means an area of land on which movable dwellings are situated for occupation on payment of consideration, whether or not immovable dwellings are also situated there;
caravan park owner means any person who is (either wholly or partly) the owner of a business which operates a caravan park; caravan park provisions means any provisions of this Act to the extent to which they apply to a caravan park, a resident of a caravan park, a caravan park owner, a caravan owner, a caravan park mortgagee or a caravan mortgagee, but does not include Part 14; s. 3 S. 3(1) def. of common area amended by No. 67/2010 s. 5(3). common area means any area in which facilities are provided for the use of tenants, residents or site tenants otherwise than as part of the rented premises, room, site or Part 4A site; determination in relation to the Tribunal— (a) includes order, direction, decision or declaration; and (b) if a determination is varied under this Act, includes that determination as varied; S. 3(1) def. of Director substituted by Nos 46/1998 s. 7(Sch. 1), 17/1999 s. 41(1), amended by No. 21/2012 s. 239(Sch. 6 item 36.1). Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012; Director of Housing means the Director of Housing incorporated under the Housing Act 1983;
(e) lifts; (f) garbage storage and disposal facilities; (g) bathroom, toilet and washing facilities; (h) appliances for heating or cooling premises; (i) communications facilities; s. 3 (j) lawns, gardens and outhouses; (k) stairways; (l) any area designed or set aside for common use by tenants, residents or site tenants— provided for the use of a tenant, resident or site tenant otherwise than as part of the rented premises, room, site or Part 4A site; S. 3(1) defs of family violence intervention order and family violence safety notice inserted by No. 52/2008 s. 257. family violence intervention order and family violence safety notice have the meanings given by the Family Violence Protection Act 2008; S. 3(1) def. of fixed term site agreement inserted by No. 67/2010 s. 5(1). fixed term site agreement means a site agreement for a fixed term; fixed term tenancy agreement means a tenancy agreement for a fixed term; S. 3(1) def. of GST inserted by No. 67/2010 s. 166. GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the
no longer satisfies the definition of a registrable movable dwelling, unless it was so modified before the commencement of section 5 of the Residential Tenancies Amendment Act 2010; S. 3(1) def. of Part 4A park inserted by No. 67/2010 s. 5(1). Part 4A park means an area of land where— (a) sites of land are available for occupation under a site agreement; and (b) Part 4A dwellings may be situated on those sites; and (c) common areas or facilities are available for the use of a person occupying a Part 4A site— and includes a caravan park if the caravan park contains Part 4A sites; S. 3(1) def. of Part 4A site inserted by No. 67/2010 s. 5(1). Part 4A site means a site that is available for occupation under a site agreement; S. 3(1) def. of partner inserted by No. 27/2001 s. 3(Sch. 1 item 10.1). s. 3 partner of a person means the person's spouse or domestic partner; S. 3(1) def. of periodic site agreement inserted by No. 67/2010 s. 5(1). periodic site agreement means a site agreement other than a fixed term site agreement; periodic tenancy agreement means a tenancy agreement other than a fixed term tenancy agreement;
(2) An application under subsection (1) must— S. 46(2)(a) amended by No. 52/1998 s. 236(a)(i). (a) be made within 30 days after the tenant receives the Director's report; S. 46(2)(b) repealed by No. 52/1998 s. 236(a)(ii). * * * * * (3) If a tenant has received a notice of a rent increase and the tenant considers that the proposed rent is excessive, the tenant may, with the leave of the Tribunal, apply to the Tribunal for an order declaring the proposed rent excessive without receiving a report from the Director under section 45. s. 47 (4) An application under subsection (3) may only be made after the end of 30 days after the notice of the rent increase is given. (5) The Tribunal may grant leave under subsection (3) if it is satisfied that there are reasonable grounds for the tenant's failure to request the Director to investigate and report under section 45. 47 What can the Tribunal order? (1) If an application is made under section 46, the Tribunal may— (a) make an order— (i) declaring the rent or proposed rent excessive; and (ii) directing that for the period specified in the order the rent must not exceed the amount specified in the order; or (b) dismiss the application.
98 Condition report is evidence of state of repair s. 98 (1) A statement in a condition report under section 97 is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the room on the day specified in the report if the report is signed by or on behalf of the rooming house owner and the resident. (2) Subsection (1) does not apply to— (a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the room; or (b) a statement with which the resident disagrees under an endorsement on the report. Division 3—Rent S. 99 amended by No. 67/2010 s. 112. 99 Limit on rent in advance A rooming house owner must not require a resident to pay rent more than 14 days in advance. Penalty: 20 penalty units. 100 Receipts for rent S. 100(1) amended by No. 67/2010 s. 113. (1) A person who receives a payment of rent from a resident of a rooming house must give a written receipt in accordance with this section to the person making the payment— (a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment. Penalty: 10 penalty units.
(2) If an application is made under subsection (1), the Tribunal— (a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the resident's goods in the room; or (b) may refuse to make an order. 142 What if a person exercising right of entry fails to comply with Division? (1) If the rooming house owner or the rooming house owner's agent has exercised a right of entry and in doing so fails to comply with this Division, the resident may apply to the Tribunal for an order restraining the rooming house owner and the rooming house owner's agent from exercising a right of entry under section 136 for a specified period. (2) If an application is made under subsection (1), the Tribunal— (a) may make an order prohibiting the rooming house owner or the rooming house owner's agent from exercising a right of entry under section 136 (except for a purpose set out in section 137(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or (b) may refuse to make an order. S. 142A inserted by No. 45/2002 s. 39, amended by No. 67/2010 s. 118. 142A Offence relating to entering room occupied by resident s. 142 A rooming house owner or a rooming house owner's agent must not, without reasonable excuse, enter a room occupied by a resident otherwise than in accordance with this Division. Penalty: 20 penalty units.
S. 188(2)(b) amended by No. 67/2010 s. 169(1) (b) the caravan park owner or caravan owner is liable to reimburse the resident for the reasonable cost of the repairs or $1000, or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate), whichever is less. S. 188(3) substituted by No. 32/2010 s. 79(5). (3) If urgent repairs are required to an item that uses or supplies water and that item does not have at least a prescribed level of rating in a prescribed rating system, and that item cannot be repaired, the resident may replace it with an item that has a rating that is of or above a prescribed level of rating in a prescribed rating system. (4) This section does not apply— (a) to equipment or appliances supplied by the resident; or (b) if there is no immediate danger to health and safety and the resident is able to use facilities in the communal areas of the caravan park; or (c) if the caravan is owned by the resident. 189 Application to Tribunal for urgent repairs s. 189 (1) A resident may apply to the Tribunal for an order requiring the caravan park owner or the caravan park owner's agent or the caravan owner or the caravan owner's agent to carry out specified urgent repairs if— (a) the resident cannot meet the cost of the repairs; or S. 189(1)(b) amended by No. 67/2010 s. 169(2). (b) the repairs cost more than $1000, or if a greater amount is prescribed for the purposes of this section, that prescribed amount,
(1) A resident may apply to the Tribunal for an order requiring the caravan park owner or caravan owner to carry out specified repairs if— (a) the resident has received the Director's report under section 190; and (b) the resident is still of the view that satisfactory arrangements have not been made for the carrying out of the repairs. S. 191(2) repealed by No. 52/1998 s. 236(i), new s. 191(2) inserted by No. 45/2002 s. 52(1). (2) An application under subsection (1) must be made within 60 days of receiving the Director's report under section 190. S. 191(3) repealed by No. 52/1998 s. 236(i). * * * * * S. 191(4) amended by No. 45/2002 s. 52(2). (4) A resident may apply to the Tribunal for an order requiring the caravan park owner or caravan owner to carry out specified repairs without the Director's report under section 190 if the resident has not received that report within 90 days after the resident applied for that report. 192 What can the Tribunal order? s. 192 (1) The Tribunal may make an order requiring the caravan park owner or caravan owner to carry out specified repairs if it is satisfied that the owner is in breach of the duty to maintain the caravan in good repair. (2) The order must specify the repairs and the time within which they must be carried out. 193 Payment of hiring charge into Rent Special Account (1) If a resident has given notice under section 190 requiring repairs to be carried out, the resident
(1) A tenancy agreement terminates if the tenant vacates the rented premises with the consent of the landlord. (2) The consent, once given, is irrevocable. 219 Termination after notice to vacate A tenancy agreement terminates if the landlord or the tenant gives a notice to vacate or a notice of intention to vacate the rented premises under this Division and— (a) the tenant vacates the rented premises on or after the termination date specified in the notice; or (b) the tenancy agreement terminates in accordance with section 334 or 342. 220 Termination by abandonment s. 220 A tenancy agreement terminates if the tenant abandons the rented premises. 221 Termination where premises are sub-let A tenancy agreement terminates if— (a) the tenant is not in possession of the rented premises because the tenant has sub-let them; and (b) the landlord or tenant gives a notice to vacate or a notice of intention to vacate the rented premises under this Division; and (c) the period (if any) between the date on which the notice is given and the termination date specified in the notice has expired.
(2) The notice must specify a termination date that is not less than 14 days after the date on which the notice is given. S. 250A inserted by No. 18/2011 s. 3. 250A Drug-related conduct in public housing (1) The Director of Housing may give a tenant a notice to vacate rented premises of which the Director of Housing is the landlord if the tenant has, on the rented premises or in a common area, illegally— (a) trafficked or attempted to traffick a drug of dependence; or (b) supplied a drug of dependence to a person under 18 years of age; or (c) possessed a preparatory item with the intention of using the item for the purpose of trafficking in a drug of dependence; or (d) possessed, without lawful excuse— (i) a tablet press; or (ii) a precursor chemical; or (e) cultivated or attempted to cultivate a narcotic plant. (2) The notice must specify a termination date that is not less than 14 days after the date on which the notice is given. (3) In this section— s. 250A cultivate, narcotic plant and traffick have the same meanings as in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981; drug of dependence, substance and supply have the same meanings as in section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981;
S. 285(2) amended by No. 45/2002 s. 41(2). (2) A notice under this section must specify a termination date that is not less than 60 days after the date on which the notice is given. s. 285 286 Repairs or demolition s. 286 (1) A rooming house owner may give a resident a notice to vacate the room occupied by the resident if— (a) the rooming house owner intends to repair, renovate, reconstruct or demolish the rooming house immediately after the termination date; and (b) the rooming house owner has obtained all necessary permits and consents to carry out the work; and (c) the work cannot be properly carried out unless the resident vacates the rooming house. (2) The notice must specify a termination date that is not less than 60 days after the date on which the notice is given. (3) If— (a) the proposed repairs, renovations or reconstruction will affect a resident's room but will not affect all the rooms in a rooming house; and (b) a room equivalent to the resident's room at an equivalent rent is available for rent in the rooming house— the rooming house owner must not give the notice under subsection (1) unless the rooming house owner has first offered the equivalent room to the
(i) unreasonably refused to seek alternative accommodation in accordance with those requirements; or (ii) refused a reasonable offer of alternative accommodation made in accordance with those requirements. (2) The notice must specify a termination date that is not less than 30 days after the date on which the notice is given. (3) In this section, transitional housing means accommodation for a period of more than 14 days and less than 12 months provided to persons in crisis as a result of homelessness or impending homelessness. (4) The Director of Housing, by notice published in the Government Gazette, may publish its requirements for residents of transitional housing to seek alternative accommodation. 288 Notice for no specified reason s. 288 (1) A rooming house owner may give a resident a notice to vacate the room occupied by the resident without specifying a reason for giving the notice. S. 288(2) amended by No. 45/2002 s. 43(1). (2) The notice must specify a termination date that is not less than 120 days after the date on which the notice is given. 289 Notice of no effect (1) A notice under section 288 is of no effect if it was given in response to the exercise, or proposed exercise, by the resident of a right under this Act. S. 289(2) amended by No. 45/2002 s. 43(2). (2) A person is not entitled to apply to the Tribunal challenging the validity of a notice under subsection (1) after the end of 60 days after the date on which the notice is given.
(iii) dressing or undressing; (iv) meals; or (b) physical assistance for persons with mobility problems; or (c) assistance for persons who are mobile but require some form of supervision or assistance; or (d) assistance or supervision in dispensing medicine; or (e) the provision of substantial emotional support in a health or residential service. S. 317U inserted by No. 67/2010 s. 22. 317U Failure of site owner to comply with Tribunal order (1) A site tenant may give a site owner a notice of intention to vacate a Part 4A site if the site owner fails to comply with an order of the Tribunal under section 212. (2) The notice of intention to vacate must specify a termination date that is not less than 14 days after the date on which the notice is given. S. 317V inserted by No. 67/2010 s. 22. 317V Successive breaches by site owner s. 317U S. 317V(1) amended by No. 47/2012 s. 7(1)(a). (1) A site tenant under a fixed term site agreement may give a site owner a notice of intention to vacate a Part 4A site without first serving a breach of duty notice under section 208 if— (a) the site owner has breached a site owner's duty provision within the meaning of Part 5; and (b) on 2 previous occasions the site owner has been in breach of the same site owner's duty provision; and
S. 318(1) amended by No. 67/2010 s. 23. (1) A notice of intention to vacate rented premises or a caravan or site in a caravan park or a site in a Part 4A park is not valid unless it is in writing. (2) A notice of intention to vacate a room in a rooming house may be given orally or, if so required by the rooming house owner, in writing. (3) A notice of intention to vacate given under this Part which is in writing is not valid unless it is signed by the person giving the notice or by that person's agent. 319 Form of notice to vacate A notice to vacate given under this Part is not valid unless— S. 319(a) amended by No. 45/2002 s. 62(a). s. 319 (a) it is in the relevant prescribed form; and S. 319(b) amended by No. 67/2010 s. 24(a). (b) it is addressed to the tenant, resident or site tenant (as the case requires); and (c) it is signed by the person giving the notice or by that person's agent; and S. 319(d) amended by Nos 45/2002 s. 62(b), 67/2010 s. 24(b). (d) except in the case of a notice under section 263, 288, 314 or 317ZF, it specifies the reason or reasons for giving the notice; and (e) it specifies the date by which compliance is required (the termination date). S. 319A inserted by No. 45/2002 s. 63. 319A Composite notices to vacate
(3) If a notice of intention to vacate a room is given orally, it may be withdrawn orally. Pt 6 Div. 5 (Heading and ss inserted by No. 45/2002 s. 64. Division 5—Can a notice to vacate be challenged? S. 321A inserted by No. 45/2002 s. 64. 321A Application of Division Nothing in this Division affects any right a tenant or resident may have to challenge the validity of any other notice to vacate under this Act. S. 321B inserted by No. 45/2002 s. 64. 321B Tenant or resident may apply to Tribunal (1) On or before the hearing of an application for a possession order in respect of a notice to vacate given under section 255, 256, 257, 258, 259, 260, 285, 286 or 310, a tenant or resident who has received the notice to vacate may apply to the Tribunal challenging the validity of the notice to vacate. (2) An application under subsection (1) must be made within 30 days after the notice to vacate is given. S. 321C inserted by No. 45/2002 s. 64. 321C What can the Tribunal order? (1) The Tribunal may consider an application under section 321B and may determine whether or not the notice to vacate is valid. s. 321B (2) If the Tribunal determines that the notice to vacate is valid, the tenant or resident is not entitled to bring any further application to the Tribunal to challenge the validity of the notice to vacate unless the Tribunal is satisfied that exceptional circumstances exist which justify reconsideration of the determination made under this section.
326 Time for application s. 326 S. 326(1) amended by No. 67/2010 s. 27(a). (1) An application under section 322(1), 323(a), 324(1), 324(2) or 324A(1) may be made at any time after the notice to vacate is given but not later than 30 days after the termination date specified in the notice. S. 326(2) amended by No. 67/2010 s. 81(a). (2) An application under section 322(2), 322(3), 323A or 325 must be made after the termination date specified in the notice to vacate but not later than 30 days after that date. S. 326(3) amended by No. 67/2010 s. 27(b). (3) An application under section 323(b), 324(3) or 324A(2) must be made after the end of 7 days after the date on which the notice of intention to vacate is given but not later than 30 days after the termination date specified in the notice. S. 327 repealed by No. 52/1998 s. 236(l), new s. 327 inserted by No. 45/2002 s. 65, amended by No. 67/2010 s. 28. 327 Applications where composite notice to vacate is given If a composite notice to vacate as provided for in section 319A has been given to a tenant or resident, a composite application may be made under section 322(1), 323(a), 324(1) or (2) or 324A(1) (as the case requires) in respect of each of the notices to vacate included in the composite notice to vacate. S. 328 repealed by No. 52/1998 s. 236(l). * * * * * 329 Hearing of application for possession order
(2) Despite section 330, the Tribunal must not make a possession order if— S. 332(2)(a) amended by No. 67/2010 s. 31(b). (a) the application for the order is supported by a notice to vacate given under section 280, 304 or 317Z; and (b) the Tribunal is satisfied that— (i) the interruption to quiet and peaceful enjoyment of the rooming house or the caravan park (as the case may be) has ceased; and (ii) the disturbance is not a recurrence and will not be repeated. 333 Contents of possession order (1) A possession order must include— (a) the day (being a day not more than 30 days after the day on which the possession order is made) by which— (i) in the case of rented premises, the tenant must vacate those rented premises; and (ii) in the case of a room in a rooming house, the resident must vacate the room and rooming house; and S. 333(1) (a)(iia) inserted by No. 67/2010 s. 81(d), amended by No. 47/2012 s. 30. (iia) in the case of a building in respect of which notice under section 289A was given, the resident must vacate that building; and (iii) in the case of a site or caravan, the resident must vacate the site or caravan; and S. 333(1)(a)(iv) inserted by No. 67/2010 s. 32(1)(a). (iv) in the case of a Part 4A site, the site tenant must vacate the Part 4A site and
S. 353(c) amended by No. 67/2010 s. 36(d). (c) has failed to comply with a provision of this Act relating to the tenancy agreement or site agreement. 354 Extension of time for warrant to be executed s. 353 (1) On the application of the person who obtained the warrant of possession, the Tribunal may from time to time make an order extending the time in which the warrant of possession may be executed. (2) An order under subsection (1) must not at any one time extend the time in which a warrant of possession may be executed by more than 30 days after the day on which the time for execution of the warrant would otherwise expire. (3) An order may not be made under subsection (1) if the time for execution of the warrant has passed. (4) This section does not apply to a warrant issued under a possession order made under Division 2. 355 Warrant of possession s. 355 (1) A warrant of possession under this Part must— S. 355(1)(a) amended by No. 45/2002 s. 90. (a) be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998; and (b) be directed— (i) to a member of the police force; or (ii) to an authorised person; and (c) give brief details of the possession order; and S. 355(1)(d) amended by No. 52/1998 s. 236(q). (d) be signed by the principal registrar. (2) The warrant of possession authorises the person to whom it is directed—
S. 368A inserted by No. 45/2002 s. 92, amended by No. 67/2010 s. 142. 368A Offence to give notice to leave or purported notice to leave without reasonable grounds A manager of managed premises must not give— (a) a notice to leave under section 368; or (b) a document which purports to be a notice to leave under section 368— unless the manager has reasonable grounds to believe that— (c) a serious act of violence by a resident or a resident's visitor has occurred on the rented premises; or (d) the safety of any person on the managed premises is in danger from a resident or a resident's visitor. Penalty: 60 penalty units. s. 368A S. 369 amended by No. 67/2010 s. 143. 369 Offence to remain on premises if given notice to leave A person who has been given a notice to leave managed premises under section 368 must not remain on the managed premises after receiving that notice. Penalty: 20 penalty units. S. 370 (Heading) inserted by No. 67/2010 s. 39(1). 370 What happens if a notice to leave is given? S. 370(1) amended by No. 67/2010 s. 39(2)(3) (as amended by No. 36/2011 s. 38(1)). (1) If a resident is given a notice to leave managed premises under section 368, the tenancy agreement, residency right or site agreement of that resident in respect of the rented premises, room, site or Part 4A site in the managed premises is suspended.
Pt 9 (Heading) amended by No. 67/2010 s. 45. Division 1—Preliminary s. 378 378 Application of this Part This Part applies if— (a) in the case of rented premises, the tenancy agreement has been terminated and goods have been left behind; (b) in the case of a rooming house, a resident has vacated a room and goods have been left behind; S. 378(c) amended by No. 67/2010 s. 46(a). (c) in the case of a caravan park, the caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee has taken possession of a caravan which a resident has vacated and goods have been left behind; S. 378(d) amended by No. 67/2010 s. 46(b). (d) in the case of a Part 4A site, the site agreement has been terminated and goods have been left behind. 379 Definitions In this Part— S. 379 def. of owner of premises amended by No. 67/2010 s. 47(1). owner of premises means— (a) in relation to rented premises in respect of which a tenancy agreement has been terminated, the former landlord; and (b) in relation to a rooming house, the rooming house owner; and (c) in relation to a caravan or caravan park, the caravan park owner, caravan park
S. 384(2) substituted by No. 45/2002 s. 68. (2) If goods of monetary value have been left behind, the owner of premises may remove and destroy or dispose of those goods if the total estimated cost of the removal, storage and sale of all those goods combined is greater than the total monetary value of all those goods combined. S. 384(3) inserted by No. 45/2002 s. 68. (3) Subsection (2) does not apply to goods to which subsection (1) applies. S. 384(4) inserted by No. 45/2002 s. 68. (4) Nothing in this section affects the operation of any other Act or law affecting the removal, destruction or disposal of goods. Note Other legislation of the State and Commonwealth may deal with the disposal of goods for example, the Dangerous Goods Act 1985. 385 Request to Director to state whether goods can be removed and destroyed or disposed of s. 385 An owner of premises may request the Director in writing to give an opinion as to whether or not particular goods are goods which may be removed and destroyed or disposed of under section 384. 386 What must a landlord do about goods which are left behind? (1) A former landlord must store goods (other than goods which may be removed and destroyed or disposed of under section 384) which are left behind on the premises in a safe place and manner for not less than 28 days.
394 Purchaser takes good title A purchaser of stored goods sold in accordance with this Part has good title unless he or she has notice of— S. 394(a) amended by No. 67/2010 s. 54. (a) a defect in title or want of title in the former tenant, former resident or former site tenant; or (b) a failure of the owner of premises to comply with this Part in relation to the sale of the goods. Division 4—Orders of Tribunal 395 What if proceeds of sale are not sufficient to cover costs? (1) If the proceeds of sale of stored goods are not sufficient to cover the owner of premises' reasonable costs of removal, storage, notification and sale, the owner of premises may apply to the Tribunal for compensation. S. 395(2) amended by No. 67/2010 s. 55. (2) An application under this section must be made within 6 months after the date of termination of the tenancy agreement, residency right or site agreement. S. 395(3) amended by No. 45/2002 s. 69(2). (3) In this section stored goods includes goods stored in reliance on a written statement of the Director under section 385 that in his or her opinion particular goods are goods which may not be removed and destroyed or disposed of under section 384. S. 396 amended by No. 67/2010 s. 56. 396 What if goods or documents are disposed of in contravention of this Part?
S. 412(5A) inserted by No. 47/2012 s. 21(2). (5A) A landlord must not request or obtain a tenant's signature to an application under this section if the application does not specify— (a) the amount of bond to be refunded; and (b) the apportionment (if any) of that amount. Penalty: 20 penalty units. S. 412(6) amended by No. 93/2003 s. 10. (6) This section does not apply if the amount of bond was paid on behalf of a tenant by the Director of Housing or an agent of the Director of Housing. 413 Payment to Director of Housing by agreement (1) The Authority must pay an amount of bond to the Director of Housing if the landlord and tenant under the tenancy agreement in respect of which the bond was paid apply jointly to the Authority for payment of that amount to the Director of Housing. S. 413(1A) inserted by No. 93/2003 s. 11(1). (1A) A landlord and the Director of Housing may apply jointly to the Authority for a refund to the Director of Housing of the amount of bond paid by the Director of Housing or an agent of the Director of Housing on behalf of a tenant if the landlord is unable to obtain the tenant's agreement to make an application to the Authority under subsection (1). S. 413(2) amended by No. 45/2002 s. 73(2). (2) The application must be made in a form and manner approved by the Director. S. 413(3) inserted by No. 93/2003 s. 11(2). (3) If any part of the amount of bond is to be paid to the landlord, the application must not be made earlier than 7 days before the termination date in respect of the tenancy agreement. S. 413A inserted by No. 93/2003 s. 12. 413A Authority to notify Director of Housing on receipt of new bond s. 413
(b) the details of the payment to be included in the personal information so that it is no longer inaccurate. (3) The landlord must keep a copy of the written notice for one year after it was given under subsection (2). Penalty: 10 penalty units. S. 439H inserted by No. 67/2010 s. 90. s. 439H 439H Ensuring quality of listing—database operator's obligation (1) This section applies if a landlord who has listed personal information in a residential tenancy database gives the database operator who operates the database a written notice stating that the personal information must be— (a) amended in a stated way to make it accurate, complete and unambiguous; or (b) removed. (2) The database operator must amend the personal information in the stated way, or remove the personal information, within 14 days after the operator is given the written notice. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 439I inserted by No. 67/2010 s. 90. 439I Providing copy of personal information listed s. 439I (1) A landlord who lists personal information about a person in a residential tenancy database must, if asked in writing by the person, give the person a copy of the information within 14 days after the request is made. Penalty: 20 penalty units. (2) A database operator must, if asked in writing by a person whose personal information is in the residential tenancy database kept by the operator,
Ss 453–471 repealed by No. 52/1998 s. 238(g). * * * * * Pt 11 Div. 4 (Heading) amended by No. 52/1998 s. 238(h). Division 4—Orders of Tribunal 472 General power of Tribunal to make determinations S. 472(1) amended by Nos 52/1998 s. 238(i), 11/2002 s. 3(Sch. 1 item 56.2). s. 472 (1) The Tribunal, on an application to or in proceedings before it, may make any orders it thinks fit— (a) to restrain any action in breach of a tenancy agreement or the provisions of this Act relating to a tenancy agreement; (b) to require any action in the performance of a tenancy agreement or of duties under this Act relating to the tenancy agreement; (c) to restrain any action in breach of the rooming house provisions or caravan park provisions; (d) to require any action in the performance of duties under the rooming house provisions or caravan park provisions; S. 472(1)(da) inserted by No. 67/2010 s. 65(a). (da) to restrain any action in breach of a site agreement or the provisions of this Act relating to a site agreement; S. 472(1)(db) inserted by No. 67/2010 s. 65(a). (db) to require any action in the performance of a site agreement or of duties under this Act relating to the site agreement; S. 472(1)(dc) inserted by No. 56/2012 s. 12. (dc) to require the refund of money paid under a rescinded Part 4A dwelling purchase agreement;
S. 472(1)(dd) inserted by No. 56/2012 s. 12. (dd) for the return of a Part 4A dwelling under a rescinded Part 4A dwelling purchase agreement; (e) for the return of goods unlawfully taken or removed from— (i) rented premises by a party to the tenancy agreement; or (ii) a room by a rooming house owner or resident; or S. 472(1)(e)(iii) amended by No. 67/2010 s. 65(b). (iii) a caravan or site by a caravan owner, caravan park owner or resident; or S. 472(1)(e)(iv) inserted by No. 67/2010 s. 65(c). (iv) a Part 4A dwelling or a Part 4A site by a site owner or site tenant; (f) to require the payment of compensation to any person; S. 472(1)(g) amended by No. 52/1998 s. 238(i). (g) that are ancillary or incidental to any other orders that it makes. (2) The powers of the Tribunal under this section are in addition to all other powers of the Tribunal under this Act. s. 473 473 Powers of Tribunal where 2 or more tenancy agreements affect same premises S. 473(1) amended by No. 52/1998 s. 238(j)(i). (1) If there are 2 or more tenancy agreements in respect of the same premises and the rights of the landlord and tenant under any of the agreements are prejudicially affected by the application of this Act to 2 or more of the agreements, the Tribunal may make any orders it thinks fit—
Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 505(3) inserted by No. 45/2002 s. 58, amended by No. 67/2010 s. 160. (3) A caravan park owner or a caravan owner must not demand or accept from a resident of a site or caravan who has failed to comply with the caravan park provisions the payment by reason of that failure of any amount other than— (a) rent or a hiring charge in accordance with this Act; or (b) any other payment provided for in this Act. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 505(4) inserted by No. 67/2010 s. 70. (4) A person must not demand or accept from a site tenant under a site agreement who has failed to comply with the site agreement or with any of the provisions of this Act relating to the site agreement the payment by reason of the failure of any amount other than— (a) subject to this Act, rent under the site agreement; or (b) an amount or penalty provided for in this Act. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 505A inserted by No. 19/2009 s. 19. 505A Offences with respect to formal affiliation of premises with school or institution s. 505A
(i) to the landlord at the landlord's address for service of documents; or s. 506 (ii) to the landlord's agent at the agent's usual place of business; or (c) by giving it to a person employed in the office of the landlord's agent. S. 506(2A) inserted by No. 67/2010 s. 71(1). (2A) In the case of a notice or other document to be served on or given to a site owner, in addition to the methods set out in subsection (1), a notice or document may be served or given— (a) by delivering it to the site owner or to the site owner's agent or to the person who usually collects the rent; or (b) by sending it by post addressed— (i) to the site owner at the site owner's address for service of documents; or (ii) to the site owner's agent at the agent's usual place of business; or (c) by giving it to a person employed in the office of the site owner's agent. (3) A notice to vacate given under Part 6 must be given— s. 506 S. 506(3)(a) amended by No. 67/2010 s. 71(2)(a). (a) by delivering it personally to the tenant, resident or site tenant; or S. 506(3)(b) amended by No. 67/2010 s. 71(2). (b) by sending the notice by registered post addressed to the tenant, resident or site tenant at the rented premises, room, site or Part 4A site; or
S. 511(3)(ba) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (ba) apply at all times or specified times; S. 511(3)(bb) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). s. 511 (bb) require matters in the regulations to be— (i) in accordance with specified standards or specified requirements; or (ii) approved by, or to the satisfaction of, a specified person or body or specified classes of person or body; or (iii) as specified in both subparagraphs (i) and (ii); S. 511(3)(bc) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (bc) apply, adopt or incorporate any matter contained in any document or any method, whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated or published on or before the date when the regulations are made; or (iii) as formulated or published from time to time; S. 511(3)(bd) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (bd) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body; S. 511(3)(be) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (be) provide for the exemption of a person or thing or classes of person or thing from any of the regulations, whether— (i) unconditionally or on specified conditions; and
(i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published from time to time or at the time the regulations are made or at any time before then; (d) be of a general or limited application; (e) differ according to differences in time, place or circumstance; (f) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or any government department, municipal council or public authority or any officer of that department, council or authority. Division 3—Application of building and planning laws S. 517 amended by No. 28/2000 s. 22. 517 Building provisions s. 517 The Building Act 1993, except Part 12A, does not apply to movable dwellings situated in a caravan park but does apply to buildings situated in a caravan park that are not movable dwellings. 518 Planning provisions A planning scheme or permit under the Planning and Environment Act 1987 whether made before or after the commencement of this section cannot limit the duration of residency in a caravan park. Pt 14 Div. 3A (Heading and ss inserted by No. 67/2010 s. 86. Division 3A—Fire safety and emergency management procedures S. 518A inserted by No. 67/2010 s. 86. 518A Definitions In this Division—
(4) In the event of an emergency, a caravan park owner must implement the relevant emergency procedures for the caravan park. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. S. 518E inserted by No. 67/2010 s. 86. 518E Public emergency warnings s. 518E (1) If a public emergency warning is issued, a caravan park owner must display a copy of the public emergency warning in the prescribed manner. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. (2) If a public emergency warning is issued, a caravan park owner must implement the relevant emergency procedures for the caravan park. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. S. 518F inserted by No. 67/2010 s. 86. 518F Municipal council may issue notice (1) If a municipal council determines that the emergency management plan of a caravan park does not comply with the prescribed requirements, the municipal council may issue a written notice to the caravan park owner specifying— (a) the changes to the emergency management plan required in order to comply with the prescribed requirements; and
(b) before that commencement has not— (i) lapsed or been cancelled; or (ii) been executed. Sch. 1 Div. 4 (Heading and cls 12–14) inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). Division 4—Australian Consumer Law and Fair Trading Act 2012 Sch. 1 cl. 12 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 12 Commencement day In this Division, commencement day means the day on which section 236 of the Australian Consumer Law and Fair Trading Act 2012 comes into operation. Sch. 1 cl. 13 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 13 Saving for protected tenants Part V of the Landlord and Tenant Act 1958 continues to apply to a lease of premises to which that Part applied immediately before the commencement day for so long as those premises remain prescribed premises. Sch. 1 Sch. 1 cl. 14 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 14 Part V leases of prescribed premises to be transitioned to Residential Tenancies Act 1997 except in certain circumstances (1) If a lessee in possession of premises to which Part V of the Landlord and Tenant Act 1958 applies dies on or after the commencement day, only the partner of the lessee who is residing with the lessee at the time of that death may take over the protected tenancy pursuant to section 106 of that Act.