Caravan Parks Regulations 2012 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

caravan parks REGULATIONS 2012

As in force at 1 May 2012

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Citation2 — Commencement3 — DefinitionsPart 2 — Infringement notice offences4 — Infringement notice offence and prescribed amount payable5 — When infringement notice may be given6 — Contents of infringement notice7 — Payment by cheque8 — Withdrawal of infringement notice9 — Application of PartPart 3 — Miscellaneous matters10 — Prescribed information in notice of intention to terminate agreement for failing to pay rent11 — Modification of section 129 of the ActSchedule — Infringement notice offences and prescribed amountsENDNOTES northern territory of australia

northern territory of australia

As in force at 1 May 2012

caravan parks REGULATIONS 2012

Regulations under the Caravan Parks Act 2012

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Caravan Parks Regulations 2012.

2Commencement

These Regulations commence on 1 May 2012.

3Definitions

In these Regulations:

infringement notice, see regulation 5 .

infringement notice offence, see regulation 4 (1).

prescribed amount, see regulation 4 (2).

Part 2Infringement notice offences 4Infringement notice offence and prescribed amount payable
  • (1)

    An infringement notice offence is an offence against a provision specified in the Schedule.

  • (2)

    The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule.

5When infringement notice may be

If the Commissioner reasonably believes a person has committed an infringement notice offence, the Commissioner may give a notice (an infringement notice) to the person.

6Contents of infringement notice
  • (1)

    The infringement notice must specify the following:

    • (a)

      the name and address of the person, if known;

    • (b)

      the date the infringement notice is given to the person;

    • (c)

      the date, time and place of the infringement notice offence;

    • (d)

      a description of the offence;

    • (e)

      the prescribed amount payable for the offence;

    • (f)

      the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable.

  • (2)

    The infringement notice must include a statement to the effect of the following:

    • (a)

      the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;

    • (b)

      the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;

    • (c)

      if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following:

      • (i)

        suspending the person’s licence to drive;

      • (ii)

        seizing personal property of the person;

      • (iii)

        deducting an amount from the person’s wages or salary;

      • (iv)

        registering a statutory charge on land owned by the person;

      • (v)

        making a community work order for the person and imprisonment of the person if the person breaches the order.

  • (3)

    Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

7Payment by cheque

If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.

8Withdrawal of infringement notice
  • (1)

    The Commissioner may withdraw the infringement notice by written notice given to the person.

  • (2)

    The notice must be given:

    • (a)

      within 28 days after the infringement notice is given to the person; and

    • (b)

      before payment of the prescribed amount.

    9Application of Part
  • (1)

    This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.

  • (2)

    Also, this Part does not:

    • (a)

      require an infringement notice to be given; or

    • (b)

      affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or

    • (c)

      prevent more than one infringement notice for the same offence being given to a person.

  • (3)

    If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Part 3Miscellaneous matters 10Prescribed information in notice of intention to terminate agreement for failing to pay rent

A notice under section 108 of the Act must include the following information, in addition to any other information required by that section:

  • (a)

    the date the obligation to pay rent commenced;

  • (b)

    the current rent payable;

  • (c)

    the frequency that rent is payable;

  • (d)

    the date on which rent was last paid;

  • (e)

    the amount of rent that was last paid;

  • (f)

    the date on which rent will next be payable after the breach is remedied.

11Modification of section 129 of the Act
  • (1)

    This regulation applies in relation to a class of caravan park agreements mentioned in section 26 of the Act.

  • (2)

    Section 129 of the Act is modified to the extent that, unless the caravan park agreement provides otherwise, the interest that accrues in relation to the security deposit is distributed to the operator.

    Note for regulation 11

    This regulation modifies the operation of section 129 of the Act in relation to a class of caravan park agreements, as provided by section 184(2)(b) of the Act.

ScheduleInfringement notice offences and prescribed amounts

regulation 4

Provision

Prescribed amount in penalty units

section 11(2) of Act

1

section 25(2) and (3) of Act

2

section 31(1) of Act

2

section 40(1) and (4) of Act

2

section 42(1) and (2) of Act

2

section 46(1) and (6) of Act

2

section 47(1), (2) and (3) of Act

2

section 49(1) of Act

2

section 54(2) of Act

2

section 55(1) of Act

2

section 63(1) of Act

4

section 65(2) of Act

4

section 66(2) of Act

2

section 101(5) of Act

2

section 127(2) of Act

2

section 132(1) of Act

2

section 133(2) of Act

2

section 139(2) of Act

1

section 182(1) and (2) of Act

2

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Caravan Parks Regulations (SL No. 16, 2012)

Notified

25 April 2012

Commenced

1 May 2012 (r 2)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 6.

 
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