S. 1(h) amended by No. 67/2010 s. 4(a). (h) to provide for the regulation of caravan parks and movable dwellings; and S. 1(i) inserted by No. 67/2010 s. 4(b). (i) to provide for the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings. 2 Commencement s. 2 (1) Part 1 comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day. 3 Definitions (1) In this Act— S. 3(1) def. of annexe inserted by No. 67/2010 s. 5(1). annexe means a movable dwelling that— (a) is attached to a registrable movable dwelling or unregistrable movable dwelling; and (b) extends the habitable area of that dwelling; S. 3(1) def. of A rating repealed by No. 32/2010 s. 78(1). * * * * * Authority means the Residential Tenancies Bond Authority established under this Act;
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;
(a) that has been installed or approved by the relevant supplier of the utility; and (b) that measures, in relation to those premises or that room or site only, the quantity of a substance or service that is supplied to, or used at, those premises or that room or site; S. 3(1) def. of service agency substituted by No. 23/2006 s. 248(2). service agency means a disability service provider within the meaning of the Disability Act 2006; s. 3 services includes the provision to a resident by a rooming house owner of meals, linen or room cleaning services; S. 3(1) def. of shared room inserted by No. 63/2005 s. 4(a). shared room means a room that is occupied by one or more residents with shared room rights; S. 3(1) def. of shared room right inserted by No. 63/2005 s. 4(a). shared room right means a residency right of a kind set out in section 92B; site means a site in a caravan park; S. 3(1) def. of site agreement inserted by No. 67/2010 s. 5(1). site agreement means an agreement under which a person lets land as a Part 4A site for the purposes of the occupation of a Part 4A dwelling on that land by the Part 4A dwelling owner as a residence; S. 3(1) def. of site agreement provisions inserted by No. 67/2010 s. 5(1). site agreement provisions means any provisions of this Act to the extent to which they apply to a Part 4A site, a Part 4A dwelling, a site owner or a site tenant;
S. 22 substituted by No. 45/2002 s. 10. 22 Temporary crisis accommodation s. 22 This Act does not apply to a tenancy agreement or room if the rented premises or room are provided as temporary crisis accommodation. 23 Health or residential services This Act does not apply to a tenancy agreement or room if the rented premises or room are, or are situated in— (a) a health or residential service; or S. 23(b) amended by No. 11/2002 s. 3(Sch. 1 item 56.1). (b) any premises ancillary to a health or residential service and primarily used to accommodate medical, nursing and other staff or any member of the family of a person using that service. Pt 1 Div. 2 Subdiv. 4 (Heading and ss 23A–23G) inserted by No. 67/2010 s. 6(2). Subdivision 4—Application to site agreements S. 23A inserted by No. 67/2010 s. 6(2). 23A Application of Act to assignees and transferees This Act applies to a person to whom the rights and duties of— (a) a site owner under a site agreement; or (b) a site tenant under a site agreement— have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law. S. 23B inserted by No. 67/2010 s. 6(2). 23B Site agreements exceeding 5 years This Act applies to a site agreement whether or not the initial term of the site agreement exceeds 5 years.
S. 70A (Heading) amended by No. 53/2010 s. 221(Sch. item 9.3) (as amended by No. 20/2011 s. 10(3)). S. 70A inserted by No. 52/2008 s. 259. 70A Locks for rented premises the subject of an intervention order s. 70A (1) This section applies if— S. 70A(1)(a) amended by No. 53/2010 s. 221(Sch. item 9.4(a)). (a) a tenant is excluded from rented premises because of an exclusion condition included in a family violence intervention order or, family violence safety notice or a personal safety intervention order; and S. 70A(1)(b) amended by No. 53/2010 s. 221(Sch. item 9.4(a)). (b) a protected person under the family violence intervention order or, family violence safety notice or a personal safety intervention order— (i) is also a party to the tenancy agreement for the rented premises; or (ii) has been residing in the rented premises as the protected person's principal place of residence but is not a party to the tenancy agreement. (2) The protected person may change any external door or window lock, including a lock in a master key system, of the rented premises, whether or not the protected person is a party to the tenancy agreement. (3) As soon as practicable after the protected person changes any external door or window lock, the protected person must— (a) give the landlord or landlord's agent— (i) a key to the lock; and
and the landlord's agent from exercising a right of entry under section 85 for a specified period. (2) If an application is made under subsection (1), the Tribunal— (a) may make an order prohibiting the landlord and the landlord's agent from exercising a right of entry under section 85 (except for a purpose set out in section 86(1)(c) or (e)) 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. 91A inserted by No. 45/2002 s. 19, amended by No. 67/2010 s. 107. s. 91 91A Offence relating to entering rented premises A landlord or a landlord's agent must not, without reasonable excuse, enter rented premises otherwise than in accordance with this Division. Penalty: 20 penalty units. _______________ Division 1—Residency rights s. 92 S. 92 amended by No. 63/2005 s. 5 (ILA s. 39B(1)). 92 Residency right (1) Subject to this Act, a resident has the right— (a) to reside in the room that he or she occupies; and (b) to use the facilities in the rooming house. S. 92(2) inserted by No. 63/2005 s. 5. (2) A residency right may be an exclusive occupancy right or a shared room right. S. 92(3) inserted by No. 63/2005 s. 5. (3) A residency right is an exclusive occupancy right unless—
94 Power to enter tenancy agreements or other agreements (1) Nothing in this Act affects the right of a resident and a rooming house owner to enter into a tenancy agreement. S. 94(1A) inserted by No. 45/2002 s. 28. (1A) If a tenancy agreement is entered into by a resident and a rooming house owner in respect of a room in a rooming house, the rooming house provisions do not apply to the occupation of that room by that resident while the tenancy agreement continues. (2) A rooming house owner and a resident may enter an agreement (not being a tenancy agreement) specifying the terms and conditions of the resident's use and enjoyment of the rooming house. (3) A term or condition in an agreement under subsection (2) that is inconsistent with this Act or that purports to restrict, exclude or modify the application of or exercise of a right conferred by this Act is invalid. S. 94(3A) inserted by No. 63/2005 s. 8. (3A) Despite subsections (1) and (1A), a resident cannot enter into a tenancy agreement with a rooming house owner in respect of a room unless the resident has or is to have exclusive occupancy of the room. (4) In this section, resident includes a proposed resident. S. 94A inserted by No. 45/2002 s. 29. 94A Harsh and unconscionable terms s. 94A (1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 94(2). (2) On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term
(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. S. 100(2) substituted by No. 45/2002 s. 32, amended by No. 67/2010 s. 113. (2) If a person receives a payment of rent from a resident of a rooming house and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent until the earlier of— (a) the end of 12 months after receiving the payment; or (b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the resident. Penalty: 10 penalty units. S. 100(2A) inserted by No. 45/2002 s. 32, amended by No. 67/2010 s. 113. (2A) If a resident of a rooming house requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under subsection (2) must provide a copy of that record to the resident within 5 business days after receiving the request. Penalty: 10 penalty units. S. 100(2B) inserted by No. 45/2002 s. 32. (2B) For the purposes of subsection (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of subsection (3) to be identified. (3) A receipt under this section must be signed by the person who receives the payment and must state— (a) the name of the resident and the rooming house; and
S. 105(2A) inserted by No. 63/2005 s. 12(4). (2A) If the Tribunal makes an order under section 104 in respect of a reduction in rent for a shared room, it may also order that any excess rent paid by the resident from the date that the relevant increase in room capacity took effect until the date of the order be refunded by the rooming house owner. (3) The order may specify the procedure for the refund to the resident. S. 106 amended by No. 45/2002 s. 35 (ILA s. 39B(1)). 106 Rent must be reduced if services are reduced s. 106 (1) If a rooming house owner ceases to provide services to a resident, the rooming house owner must reduce the rent by— (a) the amount agreed between them; or (b) an amount determined by the Tribunal in the absence of any agreement on an application by either party. S. 106(2) inserted by No. 45/2002 s. 35. (2) If the Tribunal determines an amount under subsection (1)(b), it may also order that— (a) the reduction in rent is to take effect from the time the rooming house owner ceased to provide services to the resident; and (b) the rooming house owner is to refund to the resident any excess rent paid by the resident from the time the rooming house owner ceased to provide services until the date of the order. S. 106A inserted by No. 63/2005 s. 13. 106A Rent must be reduced if room capacity increased If the room capacity of a room is increased under section 94B, the rooming house owner must reduce the rent payable by each person who is a
S. 212(3) amended by No. 67/2010 s. 16(b). (3) If an application is in relation to an alleged breach of house rules, caravan park rules or Part 4A park rules, in addition to the orders set out in subsection (1), or instead of those orders, the Tribunal may declare the rule to be invalid. S. 212(4) amended by No. 67/2010 s. 16(c)(d). (4) If an order is made against a tenant, resident or site tenant, the order must specify that if the order is not complied with, the tenant, resident or site tenant may be given a notice to vacate the rented premises, room, site or Part 4A site. S. 212(5) amended by Nos 63/2005 s. 25(2), 67/2010 s. 16(d). (5) If an order for compensation is made in favour of a tenant, resident or site tenant, the order may specify that the compensation be in the form of a refund or reduction of the rent or hiring charges payable by the tenant, resident or site tenant. 213 Compensation for unpaid rent (1) A landlord is not entitled to claim compensation under this Act for a failure of a tenant to pay rent under a tenancy agreement unless the rent is unpaid for at least 14 days after it has accrued due. (2) Subsection (1) does not apply if the tenant on not less than 2 previous occasions has failed to pay the rent under the same tenancy agreement within 14 days after it has accrued due. S. 213(3) repealed by No. 45/2002 s. 78. * * * * * S. 213AA inserted by No. 67/2010 s. 17. 213AA Compensation for unpaid rent under site agreement (1) A site owner is not entitled to claim compensation under this Act for a failure of a site tenant to pay rent under a site agreement unless the rent is unpaid for at least 30 days after it has accrued due. (2) Subsection (1) does not apply if the site tenant on not less than 2 previous occasions has failed to
284 Use of room for illegal purpose s. 283 S. 284(1) amended by No. 63/2005 s. 27(1). (1) A rooming house owner may give a resident a notice to vacate the room (other than a shared room) occupied by the resident if the resident has used the room or permitted its use for any purpose that is illegal at common law or under an Act. S. 284(1A) inserted by No. 63/2005 s. 27(2). (1A) A rooming house owner may give a resident of a shared room a notice to vacate that room if the resident has used the room or permitted his or her visitors to use the room for any purpose that is illegal at common law or under an Act. S. 284(2) amended by No. 63/2005 s. 27(3). (2) A notice under this section must specify a termination date that is not less than 2 days after the date on which the notice is given. 285 of rooming house (1) A rooming house owner may give a resident a notice to vacate the room occupied by the resident if immediately after the termination date the rooming house is to be sold or offered for sale with vacant possession. S. 285(1A) inserted by No. 45/2002 s. 41(1). (1A) If a rooming house owner has entered into a contract of sale of the rooming house and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the rooming house owner may, within 14 days after the last of those conditions is satisfied, give a resident a notice to vacate the room occupied by the resident. S. 285(1B) inserted by No. 45/2002 s. 41(1). (1B) If a rooming house owner has entered into a contract of sale of the rooming house which is not a contract of sale of the kind referred to in subsection (1A), the rooming house owner may, within 14 days after the contract of sale is entered into, give a resident a notice to vacate the room occupied by the resident.
(1) A caravan park owner may give a resident a notice to vacate a site if the resident owes at least 7 days rent to the caravan park owner. (2) The notice must specify a termination date that is not less than 7 days after the date on which the notice is given. 306 Non-payment of hiring charges s. 306 (1) A caravan owner may give a resident a notice to vacate a caravan if the resident owes at least 7 days hiring charges to the caravan owner. (2) The notice must specify a termination date that is not less than 7 days after the date on which the notice is given. 307 Failure of resident to comply with Tribunal order (1) A caravan park owner or caravan owner may give a resident a notice to vacate a site or caravan 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 7 days after the date on which the notice is given. 308 Successive breaches by resident S. 308(1) amended by No. 47/2012 s. 6(1)(a). (1) A caravan park owner or caravan owner may give a resident a notice to vacate a site or caravan 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
(a) the Tribunal determines that the caravan may be hired out; or (b) the caravan is vacated under section 312 and the caravan is hired out to a person referred to in that section. 314 Notice for no specified reason (1) A caravan park owner may give a resident a notice to vacate a site without specifying a reason for the giving of the notice. (2) A caravan owner may give a resident a notice to vacate a caravan without specifying a reason for the giving of the notice. S. 314(3) amended by No. 45/2002 s. 57(1). (3) The notice must specify a termination date that is not less than 120 days after the date on which the notice is given. (4) The notice must not specify a termination date that is earlier than— (a) the day specified in an agreement under section 144 as the day on which the term of occupancy is to end; or (b) the day specified in an agreement under section 144 as the day on which the term of occupancy may be ended by a notice under this section; or (c) the end of the period of notice required by an agreement under section 144 for a notice under this section. (5) Subsection (1) does not apply if the caravan park is to be converted to a use other than a caravan park. 315 Notice of no effect (1) A notice under section 314 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.
(b) dismiss the application. (2) Compensation in respect of an order made under this section must be paid from the Residential Tenancies Fund. _______________ 367 Definitions s. 367 In this Part— managed high density building means a building which contains 2 or more rented premises and which has an on-site manager; S. 367 def. of managed premises amended by No. 67/2010 s. 38(a)(b). managed premises means— (a) a managed high density building; or (b) a rooming house; or (c) a caravan park; or (d) a Part 4A park— and includes any common areas of that building or caravan park; S. 367 def. of manager amended by No. 67/2010 s. 38(c). manager means on-site manager, rooming house owner, caravan park owner or site owner; S. 367 def. of on-site manager amended by No. 67/2010 s. 38(d). on-site manager in relation to a building, caravan park or Part 4A park, means a person whose duties include— (a) the security of the building, caravan park or Part 4A park; and (b) the day to day operational responsibility for the building, caravan park or Part 4A park; and
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; S. 404 def. of bond substitution form inserted by No. 47/2012 s. 9(a). bond substitution form means a form completed and signed by a tenant in accordance with section 410B for the purposes of lodgment of a substitute bond under that section; S. 404 def. of Director of Housing voucher inserted by No. 93/2003 s. 4, amended by No. 67/2010 s. 61(a). Director of Housing voucher means a voucher issued by the Director of Housing or an agent of the Director of Housing for payment of an amount of bond on behalf of a tenant or site tenant; S. 404 def. of landlord amended by Nos 67/2010 s. 61(b), 47/2012 s. 9(b). landlord includes— (a) rooming house owner; (b) caravan park owner; (c) caravan owner; (ca) site owner; (d) in Divisions 3 and 4, former landlord, former rooming house owner, former caravan park owner, former caravan owner and former site owner; (e) agent of a landlord or a person referred to in paragraphs (a) to (d);
rent includes hiring charge; S. 404 def. of rented premises amended by No. 67/2010 s. 61(c). rented premises includes room, site, caravan and Part 4A site; S. 404 def. of tenancy agreement amended by No. 67/2010 s. 61(d). tenancy agreement includes residency right and site agreement; s. 404 S. 404 def. of tenant amended by No. 67/2010 s. 61(e)(f). tenant includes— (a) resident; and (ab) site tenant; and (b) in Divisions 3 and 4, former tenant, former resident and former site tenant. Division 2—Payment of bonds to Residential Tenancies Bond Authority S. 405 (Heading) inserted by No. 47/2012 s. 10(1). s. 405 405 Bond lodgment form S. 405(1) amended by Nos 67/2010 s. 149, 47/2012 s. 10(2). (1) A landlord who receives an amount of bond from a tenant must at the time the amount of bond is paid— (a) complete and sign a bond lodgment form containing the prescribed information; and (b) give the form to the tenant to sign.
agent of the Director of Housing, the Director of Housing. (2) The receipt may be given in the manner determined by the Authority. S. 408 amended by No. 47/2012 s. 13. 408 Bond held on trust s. 407 A landlord who receives an amount of bond from a tenant holds the amount of bond on trust for the tenant until the amount of bond is paid to the Authority. 409 What if the landlord is late in lodging the bond? S. 409(1) amended by No. 45/2002 s. 71. (1) A tenant may notify the Authority if the tenant does not receive a receipt from the Authority within 15 business days after giving the amount of bond to the landlord. S. 409(2) amended by No. 47/2012 s. 14. (2) If the landlord gives an amount of bond to the Authority after the tenant notifies the Authority under subsection (1) in respect of that amount of bond, the amount of bond is deemed for the purposes of this Part to be lodged on the date that the notice is given. 410 Payment of bond into Residential Bonds Account s. 410 The Authority must pay all money it receives under this Division into the Residential Bonds Account. S. 410A (Heading) amended by No. 93/2003 s. 7(1). S. 410A inserted by No. 45/2002 s. 72. 410A Payment of bond by cheque, Director of Housing voucher or money order
S. 410A(1) substituted by No. 93/2003 s. 7(2), amended by No. 47/2012 s. 15. (1) Without limiting any manner in which an amount of bond may be paid, for the purposes of this Division, a landlord receives an amount of bond from a tenant if the tenant gives the landlord the amount of bond— (a) in the form of a cheque made payable to the Authority; or (b) in the form of a money order made payable to the Authority; or (c) in the form of a Director of Housing voucher; or (d) in a combination of 2 or more forms specified in paragraphs (a), (b) and (c). S. 410A(2) amended by No. 47/2012 s. 15(a). (2) Despite anything to the contrary in this Division, a tenant who gives a landlord a cheque for an amount of bond made payable to the Authority is not to be taken to have paid an amount of bond if the cheque is not honoured on its presentation. S. 410B inserted by No. 47/2012 s. 16. 410B Payment of substitute bond (1) A tenant under a tenancy agreement may substitute an amount of bond paid by the tenant and held by the Authority in relation to that tenancy agreement with an equivalent amount of bond paid on behalf of the tenant by the Director of Housing or an agent of the Director of Housing (whether in the form of a Director of Housing voucher or otherwise). (2) For the purposes of subsection (1), a tenant must— (a) complete and sign a bond substitution form containing the prescribed information; and (b) give the substitute bond to the Authority together with the completed bond substitution form.
(c) the failure by the tenant to keep the rented premises in a reasonably clean condition, fair wear and tear excepted; (d) the abandonment of the rented premises by the tenant; (e) the liability of the landlord for charges payable by the tenant that are or may be recoverable by the person to whom they are owed from the landlord. S. 419(2) repealed by No. 52/1998 s. 238(a). * * * * * 420 Determination by Tribunal s. 420 The Tribunal must determine any application made to it under section 416 or 417. 421 Bond paid by Director of Housing S. 421(1) amended by No. 93/2003 s. 14(1). (1) The Director of Housing is a party to any proceeding before the Tribunal in relation to an amount of bond which was paid on behalf of a tenant by the Director of Housing or an agent of the Director of Housing. S. 421(2) repealed by No. 52/1998 s. 238(b). * * * * * (3) The Authority must pay to the Director of Housing or an agent of the Director of Housing and not to the tenant any amount of bond to which the tenant is entitled under this Part if— S. 421(3)(a) amended by Nos 93/2003 s. 14(2), 47/2012 s. 24. (a) the bond lodgment form or bond substitution form states that the amount of bond was paid on behalf of the tenant by the Director of Housing or an agent of the Director of Housing; or
tenancy agreement includes residency right and site agreement; tenant includes— (a) resident; and (b) site tenant; and (c) former tenant, former resident or former site tenant. S. 439B inserted by No. 67/2010 s. 90. 439B Application s. 439B This Part does not apply to a residential tenancy database kept by an entity (including a Department of the government of a State or Territory) for use only by that entity or its officers, employees or agents. S. 439C inserted by No. 67/2010 s. 90. 439C Notice of usual use of database s. 439C (1) This section applies if— (a) a person (the applicant) applies to a landlord to enter into a tenancy agreement; and (b) the landlord usually uses one or more residential tenancy databases for deciding whether a tenancy agreement should be entered into with a person. (2) The landlord must, when the application is made, give the applicant written notice stating the following— (a) the name of each residential tenancy database the landlord usually uses, or may use, for deciding whether a tenancy
under his or her notice in the performance of a function or the exercise of a power referred to in paragraph (a); or (d) providing non-identifying information for statistical purposes only to any person approved by the Minister. S. 499(4) repealed by No. 52/1998 s. 240(a)(ii). * * * * * s. 499 S. 500 repealed by No. 103/2004 s. 62. * * * * * S. 501 amended by No. 67/2010 ss 67(a), 156. 501 Offence to make false representation—tenancy agreement or residency right A person must not make, in relation to a tenancy agreement, a proposed tenancy agreement, a site agreement, a proposed site agreement or a residency right, a false and fraudulent misrepresentation as to— (a) a provision of this Act; or S. 501(b) amended by No. 67/2010 s. 67(b). (b) a term included or to be included in the tenancy agreement or site agreement; or S. 501(c) amended by No. 67/2010 s. 67(c). (c) a matter affecting a person's rights or duties under this Act or a tenancy agreement, proposed tenancy agreement, site agreement or proposed site agreement. Penalty: 60 penalty units in the case of a natural person;
S. 511(1)(a) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(a) inserted by No. 19/2009 s. 21. (a) criteria to be considered by a school or institution which provides education and training before entering a written agreement referred to in section 21(2); S. 511(1)(b) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(b) inserted by No. 19/2009 s. 21. (b) the form of a notice required to be displayed under section 505B; S. 511(1)(c) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(c) inserted by No. 19/2009 s. 21. (c) endorsements by schools or institutions which provide education and training of notices required to be displayed under section 505B; S. 511(1)(d) amended by No. 52/1998 s. 242(a)(ii). (d) the manner of lodgment of documents with the Authority or the Director (including electronic lodgment and lodgment by facsimile); S. 511(1)(e) repealed by No. 52/1998 s. 242(a)(iii). * * * * * (f) prescribing a standard form of tenancy agreement; S. 511(1)(fa) inserted by No. 67/2010 s. 73. (fa) prescribing the form and content of a written statement required under section 206ZR; S. 511(1)(fb) inserted by No. 67/2010 s. 73. (fb) prescribing the form and content of a site agreement or class of site agreement required under section 206F;
S. 511(1)(fc) inserted by No. 67/2010 s. 73. (fc) the minimum term that must be offered by a site owner or a class of site owners; s. 511 S. 511(1)(fd) inserted by No. 67/2010 s. 73. (fd) the rents, fees and charges that may be imposed under a site agreement; S. 511(1)(fe) inserted by No. 67/2010 s. 73. (fe) the manner in which rents, fees and charges may be calculated and adjusted under a site agreement; S. 511(1)(ff) inserted by No. 67/2010 s. 73. (ff) prescribing the matters to be included in Part 4A park rules; (g) prescribing forms and information to be used for the purposes of this Act; S. 511(1)(h) amended by No. 67/2010 s. 162. (h) prescribing penalties not exceeding 20 penalty units for a breach of the regulations; (i) generally prescribing any matter or thing required or authorised to be prescribed by this Act. S. 511(2) repealed by No. 52/1998 s. 242(b). * * * * * (3) Regulations under this Act (except under Part 14) may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstance;
520 Referral of disputes by caravan park owners s. 519 If any doubt, difference or dissatisfaction in respect of any matter provided for in this Part or in the regulations under this Part arises between a municipal council and a caravan park owner, the caravan park owner may apply to have the matter determined by the Building Appeals Board. 521 Appeals A caravan owner or resident may appeal to the Building Appeals Board against a decision of a municipal council in relation to— (a) the application of the regulations under this Part to caravan park owners, caravan owners, residents and occupiers; or (b) the application of an exemption from the regulations under this Part of caravan park owners, caravan owners, residents and occupiers. Division 5—Enforcement 522 Compliance notice (1) The Minister or a municipal council may give a compliance notice to a person who in the opinion of the Minister or council has contravened this Part or a regulation under this Part. (2) A compliance notice must require the person to whom it is given to rectify the matter within the time specified in the compliance notice. S. 522(3) amended by No. 67/2010 s. 164. (3) A person must comply with a compliance notice. Penalty: 120 penalty units. 523 Closure order s. 521
(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.