Division 4—Orders of Tribunal 358 472 General power of Tribunal to make determinations 358 473 Powers of Tribunal where 2 or more tenancy agreements affect same premises 359 479 Review of certain determinations and orders 360 480 Offence to fail to comply with determination of Tribunal 361 Division 6—Rent Special Account 362 485 Rent Special Account 362 363 Division 1—Director of Consumer Affairs Victoria 363 486 Functions of Director 363 487 Powers of Director 365 488 Director subject to Minister's general direction and control 365 489 Delegation by Director 365 490 Reports of Director 365 Division 2—Residential Tenancies Fund 366 491 Establishment of Residential Tenancies Fund 366 492 Payments into the Residential Tenancies Fund 366 493 Payments out of Residential Tenancies Fund 366 494 Treasurer's powers and duties in relation to Residential Tenancies Fund 367 495 Director may authorise payments for research etc. 367 496 Loans to tenants and residents from Residential Tenancies Fund 367 497 Loans to landlords etc. from Residential Tenancies Fund 368 498 Recovery of loan money 369 498A Director may authorise payment for certain legal costs 370 371 Division 1—Offences 371 499 Confidentiality 371 501 Offence to make false representation—tenancy agreement or residency right 373 502 Offence to persuade person not to exercise rights or take proceedings 373 503 Offence to aid, abet, counsel or procure commission of offence 374 504 Offence to give false information 374 505 Certain penalties prohibited 375
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; S. 3(1) def. of Council inserted by No. 56/2012 s. 14. Council has the same meaning as in section 3(1) of the Local Government Act 1989; 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;
(ii) the landlord intends to resume occupancy of the premises on termination of the tenancy agreement. 10 Premises used for holidays This Act does not apply to a tenancy agreement if the rented premises are ordinarily used for holiday purposes. 11 Farming and grazing s. 10 This Act does not apply to a tenancy agreement if the rented premises are included in or on other premises let to the tenant by the landlord that are for the time being used, or are ordinarily used, for the purpose of— (a) grazing, including agistment; or (b) farming, including dairy farming, poultry farming, fish-farming, bee-keeping, viticulture, horticulture, fruit growing or the growing of crops of any kind. 12 Contracts of employment This Act does not apply to a tenancy agreement created or arising under the terms of a contract of employment or entered into in relation to such a contract. 13 Contracts of sale or mortgages This Act does not apply to a tenancy agreement created or arising between the parties to a contract of sale or mortgage of the premises in accordance with a term of the contract or mortgage. 14 Prescribed premises and prescribed tenancy agreements (1) This Act does not apply to a tenancy agreement if the rented premises are prescribed premises or are included in a class of prescribed premises.
(2) This Act does not apply to a tenancy agreement if the agreement is a prescribed agreement or is included in a class of prescribed agreements. S. 14(3) inserted by No. 21/2012 s. 239(Sch. 6 item 36.2). (3) This Act does not apply to premises that were prescribed premises within the meaning of Part V of the Landlord and Tenant Act 1958 immediately before that Act was repealed. 15 Certain provisions not to apply to tenancy agreements s. 15 S. 15(1) amended by No. 1/2010 s. 109(a), repealed by No. 21/2012 s. 239(Sch. 6 item 36.3). * * * * * S. 15(2) amended by No. 1/2010 s. 109(b). (2) Sections 137, 144, 145, 146, 150 and 154A of the Property Law Act 1958 do not apply in relation to tenancy agreements to which this Act applies. Subdivision 2—Application to rooming houses S. 16 repealed by No. 45/2002 s. 5. * * * * * 17 Room used by owner or owner's family or employees The rooming house provisions do not apply to a room used or intended to be used as a residence by the rooming house owner, a member of the owner's family or an employee of the owner. 18 Self-contained apartments S. 18(1) amended by No. 45/2002 s. 6(1). (1) Subject to subsections (2) and (3), the rooming house provisions do not apply to a self-contained apartment.
Subdivision 3—Application to tenancy agreements and rooming houses 20 Hotels and motels S. 20(1) amended by No. 74/2000 s. 3(Sch. 1 item 108). (1) Subject to subsections (2) and (3), this Act does not apply to a tenancy agreement or a room if the rented premises or room are situated in a motel or in premises licensed under the Liquor Control Reform Act 1998. (2) This Act applies to a tenancy agreement for rented premises situated in a motel or licensed premises if the tenancy is for a fixed term exceeding 60 days. S. 20(3) amended by No. 45/2002 s. 8. (3) Subject to section 94(1), the rooming house provisions apply to a room in a motel or licensed premises if a person— (a) occupies the room as his or her only or main residence; and s. 20 (b) has so occupied any room in that rooming house for at least 60 consecutive days since the commencement of this section. S. 21 amended by No. 45/2002 s. 9(2) (ILA s. 39B(1)). 21 Educational institutions (1) This Act does not apply to a tenancy agreement or room if the rented premises or room are, or are situated in— (a) any premises used as a school or for education and training purposes; or S. 21(b) substituted by No. 45/2002 s. 9(1). (b) any residential premises ancillary to a school or an institution which provides education and training if those premises— (i) are owned or leased by the school or the institution or formally affiliated with the school or institution; and
(c) otherwise permit the use of the rented premises— in any manner that causes an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises. 61 Tenant must avoid damage to premises or common areas s. 61 (1) A tenant must ensure that care is taken to avoid damaging the rented premises. (2) A tenant must take reasonable care to avoid damaging the common areas. 62 Tenant must give notice of damage A tenant who becomes aware of damage to the rented premises must as soon as practicable give notice to the landlord specifying the nature of the damage. 63 Tenant must keep rented premises clean A tenant must keep the rented premises in a reasonably clean condition except to the extent that the landlord is responsible under the tenancy agreement for keeping the premises in that condition. 64 Tenant must not install fixtures etc. without consent (1) A tenant must not, without the landlord's consent— (a) install any fixtures on the rented premises; or (b) make any alteration, renovation or addition to the rented premises. (2) Before a tenancy agreement terminates, a tenant who has installed fixtures on or renovated, altered or added to the rented premises (whether or not with the landlord's written consent) must—
(e) any changes in the rent and the condition of the room or facilities since the resident first occupied the room and since the last rent increase; S. 104(3)(ea) inserted by No. 45/2002 s. 34. (ea) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases; S. 104(3)(f) substituted by No. 63/2005 s. 11(2). (f) any improvements made to the room that should not be considered in calculating the rent because they were made by the resident. (4) If the Tribunal makes an order under subsection (1)(a) in relation to a room, the rooming house owner cannot require the resident to pay an amount of rent greater than that specified in the order for a period of 6 months after the day on which the order comes into operation. (5) The amount specified in the order must not be less than the amount payable by the resident immediately before the notice was given under section 101. S. 104(6) inserted by No. 63/2005 s. 11(3). (6) Subsection (5) does not apply if the order relates to an application made under section 103 in relation to a reduction in rent following an increase in the room capacity of a resident's room. 105 Payment of increased rent pending Tribunal decision s. 105 S. 105(1) amended by No. 63/2005 s. 12(1). (1) Pending the Tribunal's decision under section 104 in respect of an increase in rent, the resident must pay, from the time that the proposed increase is to apply— (a) the increased rent specified in the notice under section 101; or
(2) A caravan owner may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 144(3). (3) On an application under subsection (1) or (2), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief. (4) An order under this section has effect according to its terms. S. 145 amended by No. 67/2010 s. 119. 145 Caravan park owner to notify prospective resident of rights s. 145 A caravan park owner must give notice in the prescribed form to a person who proposes to occupy a site in the caravan park as his or her main residence that— (a) he or she may enter into a written agreement with the caravan park owner to become a resident of the caravan park at any time; and S. 145(b) amended by No. 63/2005 s. 22. (b) even if an agreement referred to in paragraph (a) is not entered into, the person becomes a resident of the caravan park if the person occupies, for at least 60 consecutive days, any site in the caravan park as his or her only or main residence. Penalty: 10 penalty units. Division 2—Bonds 146 Payment of bond S. 146(1) amended by No. 45/2002 s. 45. (1) A caravan park owner may require a resident or proposed resident to pay a bond before the resident or proposed resident commences occupation as a resident of a caravan or site.
(1) Pending the Tribunal's decision under section 206Y, the site tenant must pay, from the time the proposed increase is to apply, the lesser of— (a) the increased rent specified in the notice under section 206V; or (b) 110% of the rent immediately before the notice was given. (2) If the Tribunal makes an order under section 206Y, it may also order that any excess rent paid by the site tenant from the time the increase took effect until the date of the order be refunded by the site owner. (3) The order may specify the procedure for the refund to the site tenant. S. 206ZA inserted by No. 67/2010 s. 10. 206ZA Additional charge s. 206ZA (1) A site owner may charge a site tenant a reasonable additional charge for any visitor who stays on the Part 4A site that is occupied by the site tenant. (2) A site tenant may apply to the Tribunal for an order that the additional charge imposed is unreasonable. (3) If, after hearing the site tenant and the site owner, the Tribunal determines that the amount of the additional charge is unreasonable, it may determine the amount of additional charge to be paid by the site tenant and make an order accordingly. S. 206ZB inserted by No. 67/2010 s. 10. 206ZB Rent must be reduced if services are reduced (1) Despite anything to the contrary in the site agreement, if a site owner ceases providing services to a site tenant, the site owner must reduce the rent by— (a) the amount agreed between them; or
(b) take all reasonable steps to ensure that the Part 4A park rules are observed by all site tenants; and (c) ensure that the Part 4A park rules are reasonable and are enforced and interpreted consistently and fairly. S. 206ZZ inserted by No. 67/2010 s. 10. 206ZZ Amendment of Part 4A park rules (1) A site owner must give a site tenant at least 7 days written notice of any proposed change in the Part 4A park rules. Penalty: 20 penalty units. (2) A site owner must consult with the site tenants in the Part 4A park in respect of a proposed change to the Part 4A park rules. Penalty: 20 penalty units. (3) A site owner is taken to have consulted with the site tenants in accordance with this section if the site owner has— (a) provided details of the proposed amendment to the Part 4A park rules in writing to the site tenants; and (b) allowed at least 14 days for the site tenants to respond in writing; and (c) considered and responded in writing to any written responses received from the site tenants. S. 206ZZA inserted by No. 67/2010 s. 10. 206ZZA What if the Part 4A park rules are thought to be unreasonable? s. 206ZZA (1) A site tenant may apply to the Tribunal for an order declaring a Part 4A park rule to be unreasonable. (2) If the Tribunal considers that a Part 4A park rule is unreasonable, it may declare the rule invalid.
if the resident fails to comply with an order of the Tribunal under section 212. (2) The notice must specify a termination date that is not less than 2 days after the date on which the notice is given. 283 Successive breaches by resident S. 283(1) amended by No. 47/2012 s. 5(1)(a). (1) A rooming house owner may give a resident a notice to vacate the room occupied by the resident without first serving a breach of duty notice under section 208 if— (a) the resident has breached a duty provision within the meaning of Part 5; and (b) on 2 previous occasions the resident has been in breach of the same provision; and S. 283(1)(c) amended by Nos 45/2002 s. 89(3)(a), 47/2012 s. 5(1)(b). (c) the rooming house owner or the rooming house owner's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the resident under section 208. S. 283(1)(d) repealed by No. 45/2002 s. 89(3)(b). * * * * * S. 283(1A) inserted by No. 47/2012 s. 5(2). (1A) If the rooming house owner gives a breach of duty notice to the resident under section 208 in respect of the breach referred to in subsection (1)(a), the rooming house owner must not give the resident a notice to vacate under this section unless the resident has not complied with the breach of duty notice within the required time. (2) The notice must specify a termination date that is not less than 2 days after the date on which the notice is given.
(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. 317V(1)(c) amended by No. 47/2012 s. 7(1)(b). (c) the site tenant or the site tenant's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the site owner under section 208.
(b) the site tenant fails to vacate the Part 4A site by the date specified in the notice to vacate. 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). * * * * *
day before the day on which possession of the rented premises is delivered up to the landlord. 343 What if the principal registrar is not satisfied that determination should be made? S. 343(1) amended by No. 52/1998 s. 236(o). (1) If the principal registrar is not satisfied that the determination should be made, the principal registrar may, or if the applicant so requests, must, refer the matter to the Tribunal for determination. (2) Division 1 applies to a request for determination referred to the Tribunal under subsection (1)— (a) in relation to an application under section 335, as if the request for determination were an application for a possession order made under section 322 after giving a notice to vacate under section 246; and (b) in relation to an application under section 337, as if the request for determination were an application for a possession order made under section 322. Division 3—Recovery of possession of rented premises where occupied without consent 344 Application for possession order if premises occupied without consent s. 343 (1) A person who claims to be entitled to the possession of premises may apply to the Tribunal for a possession order if— (a) the premises have been rented premises under a tenancy agreement at any time within the period of 12 months before the date of the application; and (b) the applicant alleges that the premises are occupied solely by a person (not being a tenant under a tenancy agreement) who
(b) may remove but must not destroy or dispose of the personal documents, except in accordance with this Part; and S. 380(c) amended by Nos 45/2002 s. 66(b), 67/2010 s. 48(2). (c) must take reasonable steps to notify the former tenant, resident or site tenant as to when and from where the documents may be collected. S. 380(d) repealed by No. 45/2002 s. 66(c). * * * * * S. 381 (Heading) inserted by No. 45/2002 s. 67(1). s. 381 381 Disposal of personal documents after 90 days S. 381(1) amended by No. 45/2002 s. 67(2). (1) If personal documents have not been reclaimed by a person who has a lawful right to the documents by the end of the 90 day period referred to in section 380(a), then at the end of that period, the owner of premises may dispose of the personal documents. (2) Nothing in this section affects the operation of any other Act or law affecting the destruction or disposition of the documents. Note to s. 381(2) inserted by No. 45/2002 s. 67(3). Note It may be an offence under certain legislation of the State and Commonwealth to destroy certain documents. (3) An owner of premises may recover the costs of removal, taking reasonable care and notification in relation to personal documents from the Residential Tenancies Fund.
S. 388A inserted by No. 67/2010 s. 50. 388A What must a site owner or Part 4A site agreement mortgagee do about goods left behind? A site owner who takes possession of a Part 4A site vacated by a site tenant must— (a) take reasonable care of any goods (other than goods which may be removed and destroyed or disposed of under section 384) left behind when the site tenant vacates the Part 4A site; and (b) take reasonable steps to notify the former site tenant as to when and from where the goods left behind can be collected. 389 Rightful owner may reclaim stored goods before sale s. 388A (1) A person who has a lawful right to stored goods may reclaim those goods at any time before they are sold if he or she pays the owner of premises the reasonable costs incurred— S. 389(1)(a) amended by No. 67/2010 s. 51(a). (a) in the case of a former landlord or site owner— S. 389(1)(a)(i) amended by No. 67/2010 s. 51(b). (i) in notifying the former tenant or site tenant; and (ii) in the removal and storage of the goods; and (iii) in organising the sale of the goods; or (b) in the case of a rooming house owner, caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee— (i) in notifying the former resident; and
403 When is compensation payable out of the Residential Tenancies Fund? s. 403 Compensation in respect of the following orders must be paid from the Residential Tenancies Fund— (a) an order under section 401 in respect of an application under section 395 or 400; or (b) an order under section 402. _______________ Division 1—Interpretation 404 Definitions s. 404 In this Part— S. 404 def. of amount of bond inserted by No. 47/2012 s. 9(a). amount of bond includes a partial or full amount of a bond; bond in Divisions 3 and 4, includes an amount or the total of the amounts (if any) which are required to be added to the bond pursuant to section 439; S. 404 def. of bond lodgment form inserted by No. 47/2012 s. 9(a). bond lodgment form means a form completed and signed by a landlord and tenant in accordance with section 405 for the purposes of lodgment of an amount of bond;
of bond was paid applies to the Authority for payment of that amount to the Director of Housing. S. 413(1A) inserted by No. 93/2003 s. 11(1), repealed by No. 47/2012 s. 22(3)(a). * * * * * 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), repealed by No. 47/2012 s. 22(3)(b). * * * * * S. 413A (Heading) amended by No. 47/2012 s. 23(1). S. 413A inserted by No. 93/2003 s. 12, amended by No. 47/2012 s. 23(2). 413A Authority to notify Director of Housing on receipt of new amount of bond s. 413A As soon as practicable after receiving a new amount of bond from a landlord in respect of a tenancy agreement for the same premises for which the Authority already holds an amount of bond paid by the Director of Housing or an agent of the Director of Housing on behalf of a tenant, the Authority must notify the Director of Housing that the Authority has received a new amount of bond in respect of a tenancy agreement for those premises. 414 Application to Tribunal by landlord S. 414(1) amended by No. 52/1998 s. 236(s)(i). (1) A landlord may apply to the Tribunal under this section if— (a) the tenant has delivered up vacant possession of, or abandoned the rented premises; and
The Tribunal has jurisdiction to hear and determine an application under this Act relating to— (a) any matter arising in relation to a tenancy agreement or a proposed tenancy agreement of premises situated in ; and (b) any matter arising in relation to a residency right under this Act; and S. 446(ba) inserted by No. 67/2010 s. 62. (ba) any matter arising in relation to a site agreement or a proposed site agreement in respect of a Part 4A site; and S. 446(bb) inserted by No. 56/2012 s. 9. (bb) any matter arising in relation to the rescission of a Part 4A dwelling purchase agreement under section 206JA; and (c) any matter referred to it under this Act. 447 Limits of jurisdiction of Tribunal (1) Subject to subsection (3), the Tribunal must not— S. 447(1)(a) repealed by No. 45/2002 s. 83(1). * * * * * S. 447(1)(b) amended by Nos 67/2010 s. 63(1), 56/2012 s. 10(1). (b) hear and determine an application for a compensation order which involves a monetary claim exceeding $10 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000; S. 447(1)(c) amended by Nos 67/2010 s. 63(1), 56/2012 s. 10(1). s. 447 (c) make a determination requiring or authorising the payment of an amount that exceeds $10 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000;
(4) A person may apply to the Tribunal in relation to any dispute in respect of any amount paid to a proposed landlord under section 50. (5) A person who is not a landlord or tenant under a tenancy agreement may with the leave of the Tribunal apply to the Tribunal in relation to the tenancy agreement. s. 452 (6) A person who is not a caravan park resident or caravan park owner or caravan owner or rooming house resident or rooming house owner may with the leave of the Tribunal apply to the Tribunal in relation to a residency right. (7) Leave must not be granted unless the Tribunal is satisfied that the person has an interest and personal involvement in the tenancy agreement or residency right or an agreement relating to the residency right that is sufficient to justify the granting of leave. (8) The provisions of this section are in addition to all other rights and powers under this Act. 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;
(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— (a) to give effect to the rights under this Act of the tenant in possession under a tenancy agreement; and S. 473(1)(b) amended by No. 52/1998 s. 238(j)(ii). (b) subject to that first order, to give effect to the rights under this Act of each tenant and each landlord of the premises. (2) This section applies only to tenancy agreements to which this Act applies. (3) The powers of the Tribunal under this section are in addition to all other powers of the Tribunal under this Act. Ss 474–478 repealed by No. 52/1998 s. 238(k). * * * * *
(iii) any complaint made by a tenant under a tenancy agreement that the landlord is in breach of a duty to maintain the rented premises in good repair; (b) to investigate, if the Director considers it appropriate to do so— (i) any other dispute in relation to a tenancy agreement between a landlord and a tenant that is referred by the landlord or the tenant; S. 486(b)(ii) amended by No. 67/2010 s. 83(a). (ii) any matter arising under the rooming house provisions; (iii) on the written application of a resident, caravan park owner or caravan owner any matter arising under the caravan park provisions; S. 486(b)(iv) inserted by No. 67/2010 s. 66(b). (iv) on the written application of a site tenant or site owner, any matter arising under the site agreement provisions; (c) to report on an investigation under paragraph (a) or (b) to the person who referred the matter or dispute or made the application or complaint; S. 486(ca) inserted by No. 67/2010 s. 83(b). (ca) to report on an investigation under paragraph (b)(ii) to any person to whom the matter under investigation relates; (d) to conciliate settlements of complaints or disputes referred to him or her under paragraph (a)(iii) or (b); (e) to undertake programs for the dissemination (in English or in any other language) of information to educate or inform the public
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 (1) An owner or operator of residential premises or a person acting on behalf of that owner or operator must not represent that the residential premises
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. (2) Despite section 14(3) and except in the circumstances described in subclause (1), Part V of the Landlord and Tenant Act 1958 will cease to apply on and from the date of death of a lessee who was in possession of premises under a lease to which that Part applied. __________________
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 42) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Residential Tenancies Amendment Act 2012, No. 47/2012 Assent Date: 21.8.12 Commencement Date: Ss 3–8, 9, 21, 30 on 1.10.12: Special Gazette (No. 324) 26.9.12 p. 1; ss 10–20, 22–29 on 1.5.13: Special Gazette (No. 163) 30.4.13 p. 1 : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012 Assent Date: 18.9.12 Commencement Date: S. 5 on 19.9.12: s. 2(1); ss 8–12 on 1.2.13: Special Gazette (No. 444) 19.12.12 p. 1; ss 3, 4, 6, 7 on 31.3.13: s. 2(2); ss 13–18 on 1.8.13: Special Gazette (No. 277) 30.7.13 p. 1 : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Endnotes Consumer Affairs Legislation Amendment Act 2013, No. 57/2013 Assent Date: 22.10.13 Commencement Date: Ss 13–17 on 23.10.13: s. 2(3) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.