Manufactured Homes (Residential Parks) Act 2003 (Qld)

Manufactured Homes (Residential Parks) Act 2003

An Act to provide for the positioning and occupancy of manufactured homes in residential parks, and for other purposes

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Manufactured Homes (Residential Parks) Act 2003.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons, including the State.

(2)However, nothing in this Act makes the State liable to be prosecuted for an offence.

Division 2 Objects of Act and relationship with FTI Act

4   Objects of Act

(1)The main object of this Act is to regulate, and promote fair trading practices in, the operation of residential parks—

(a)to protect home owners from unfair business practices; and

(b)to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners.

(2)The main object is achieved by—

(a)declaring particular rights and obligations of the park owner, and home owners, for a residential park; and

(b)facilitating the disclosure of information about a residential park, and this Act, to a prospective home owner for a site; and

(c)regulating—

(i)the making, content, assignment and ending of a site agreement; and

(ii)the sale of an abandoned manufactured home positioned on a site in a residential park; and

(iii)the variation of site rent; and

(d)facilitating participation by home owners for a residential park in the affairs, maintenance and operation of the park; and

(e)providing ways of resolving a residential park dispute; and

(f)protecting home owners from unfair or excessive increases in site rent; and

(g)preserving the safety and security of tenure of home owners.

(3)The following are also important objects of this Act—

(a)encouraging the continued growth and viability of the residential park industry in the State;

(b)providing a clear regulatory framework to ensure certainty for the residential park industry in planning for future expansion.

4A   Relationship with Fair Trading Inspectors Act 2014

(1)The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading.

(2)Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.

(3)In this section—

inspector means a person who holds office under the FTI Act as an inspector for this Act.

Note—

See also the modifying provisions for this Act stated in the FTI Act, section 5.

Division 3 Rights or remedies not restricted

5   Rights and remedies of persons

(1)A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act.

(2)Without limiting subsection (1), this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act.

(3)In subsections (1) and (2), a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is consistent with this Act.

Part 2    Interpretation

6   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

7   [Repealed]

8   Who is a home owner

(1)Each of the following is a home owner—

(a)a person who owns a manufactured home that is positioned on a site in a residential park under a site agreement;

(b)a person who intends to position a manufactured home on a site in a residential park under a site agreement for use by the person as the person’s principal place of residence;

(c)a person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in paragraph (a) or (b);

(d)another successor in title of a person mentioned in paragraph (a) or (b).

(2)A person mentioned in subsection (1)(a) is a home owner whether—

(a)the person occupies the home as the person’s principal place of residence; or

(b)a tenant of the person occupies the home.

9   [Repealed]

10   What is a manufactured home

(1)A manufactured home is a structure, other than a caravan or tent, that—

(a)has the character of a dwelling house; and

(b)is designed to be able to be moved from one position to another; and

(c)is not permanently attached to land.

(2)A manufactured home does not include a converted caravan.

(3)However, if a park owner and the owner of a converted caravan enter into an agreement, that would be a site agreement if it related to a manufactured home, for a site on which the converted caravan is positioned or intended to be positioned—

(a)the converted caravan is taken to be a manufactured home; and

(b)the agreement is taken to be a site agreement.

(4)To remove any doubt, it is declared that an agreement entered into under another Act or a former Act, other than the repealed Mobile Homes Act 1989, is not a site agreement under subsection (3).

Example—

A residential tenancy agreement entered into under the Residential Tenancies and Rooming Accommodation Act 2008 is not a site agreement under subsection (3).

10A   What is a converted caravan

A converted caravan is a structure that—

(a)as originally designed, was a caravan; and

(b)is no longer a caravan because of a structural addition or structural alteration.

11   Who is a park owner

(1)A person who owns a residential park is a park owner.

(2)Each of the following is also a park owner—

(a)the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in subsection (1);

(b)a mortgagee in possession of a residential park for which site agreements are in force;

(c)another successor in title of a person mentioned in subsection (1).

12   What is a residential park

A residential park is an area of land that includes—

(a)sites; and

(b)common areas; and

(c)facilities for the personal comfort, convenience or enjoyment of persons residing in manufactured homes positioned on sites.

13   What is a site

A site is land that is available for rent under a site agreement.

14   What is a site agreement

A site agreement is an agreement between a park owner and a home owner that—

(a)provides for—

(i)the rental by the home owner of particular land in a residential park; and

(ii)the positioning on the land of a manufactured home; and

(iii)the home owner’s non-exclusive use of the park’s common areas and communal facilities; and

(b)includes provision about anything else required or permitted by this Act to be in the agreement.

Example for paragraph (b)—

provision about how site rent may be increased

14A   What is a residential park dispute

(1)A residential park dispute is—

(a)a dispute about a proposal for a change in a park rule for which a non-resolution notice has been given or a park liaison committee has made a proposal decision; or

(b)a dispute between a seller and park owner about the park owner’s failure or refusal to consent to the assignment of the seller’s interest in a site agreement to a buyer; or

(c)a dispute between the park owner and home owner under a site agreement about—

(i)the parties’ rights or obligations under the agreement or this Act; or

(ii)without limiting subparagraph (i), how site rent is to be paid; or

(iii)another matter provided for under this Act; or

(d)a dispute about a matter relating to the day-to-day running or operation of a residential park (including a failure to communicate or cooperate in dealing with the matter) between—

(i)the park owner; and

(ii)either—

(A)the home owners committee for the park; or

(B)if no home owners committee has been established for the park—a home owner; or

(e)a dispute between the home owners for 2 or more sites in a residential park about a home owner’s rights or obligations under this Act; or

(f)a dispute, other than a dispute mentioned in paragraph (b), between 2 or more of a seller, buyer and park owner about the seller’s, buyer’s or park owner’s rights or obligations under this Act relating to an assignment or proposed assignment of the seller’s interest in a site agreement to the buyer; or

(g)a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person; or

(h)a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner; or

(i)a dispute about whether a seller is entitled to assign the seller’s interest in a site agreement to a buyer; or

(j)a dispute about whether a buyer is entitled to be assigned a seller’s interest in a site agreement; or

(k)a dispute between a home owner and a park owner about whether a manufactured home is an eligible home under part 9A; or

(l)a dispute between a home owner and a park owner about noncompliance by the home owner or the park owner with their obligations under part 9A.

(2)For subsection (1), a dispute about a person’s obligation includes a complaint that the person has not complied with the obligation.

(3)Despite subsection (1), neither of the following is a residential park dispute—

(a)a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan;

(b)a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.

Part 3    Basic responsibilities of park owners and home owners

15   What this part is about

(1)This part states some of the basic responsibilities of park owners and home owners.

(2)Other parts of the Act deal with more specific rights and responsibilities.

(3)This part does not limit a park owner’s, or home owner’s, rights or responsibilities under this Act.

16   Home owner’s responsibilities

A home owner under a site agreement has the following responsibilities—

(a)to use the site only as a place of residence;

(b)to use the residential park’s common areas only for a purpose associated with the home owner’s residential use of the site;

(c)not to use, or allow the home owner’s tenant or guests to use, the site or residential park’s common areas for an illegal purpose;

(d)to comply with the home owner’s obligations under section 105;

(e)to pay the site rent and other charges payable by the home owner under the agreement;

(f)not to intentionally or recklessly damage or destroy, or allow the home owner’s tenant or guests to intentionally or recklessly damage or destroy, the residential park’s communal facilities;

(g)to maintain the manufactured home positioned on the site in a reasonable state of cleanliness and repair, and fit to live in;

(h)otherwise, to comply with the agreement and the park rules for the residential park.

Note—

The responsibilities mentioned in this section are taken to be included as terms of the site agreement under section 19.

17   Park owner’s responsibilities

The park owner for a residential park has the following responsibilities in relation to a home owner—

(a)to take reasonable steps to ensure the home owner or the home owner’s tenant—

(i)always has access to the home owner’s site in the park; and

(ii)has reasonable access to the common areas;

(b)to maintain the common areas and communal facilities in a reasonable state of cleanliness and repair, and fit for use by the home owner or the home owner’s tenant;

(c)to ensure the times the park owner or park manager is available to be contacted by the home owner or the home owner’s tenant are reasonable, having regard to all the circumstances, including the utilities supplied by the park owner to the site;

(d)to the extent it is within the park owner’s control, to ensure the continuity of supply of a utility to the park and the site;

(e)to comply with the park owner’s obligations under section 104;

(f)otherwise, to comply with the site agreement for the site and the park rules.

Note—

The responsibilities mentioned in this section are taken to be included as terms of a site agreement under section 19.

Part 4    Residential parks

Division 1 Preliminary

18   Definitions for part

In this part—

information includes a document.

registered, in relation to a residential park, means registered under division 2.

residential park register see section 18C(1).

unregistered residential park means a residential park that is not registered.

Division 2 Registration

18A   Application for registration of residential park

(1)The park owner for a residential park may apply to the chief executive to register the residential park.

(2)The application must—

(a)if there is an approved form for the application—be in the approved form; and

(b)be accompanied by the fee prescribed by regulation.

(3)Also, the application must include or be accompanied by the following information for the residential park—

(a)the name of the park;

(b)the address of the park;

(c)the name of the park owner;

(d)contact details for the park owner;

(e)details of the land on which the sites in the park will be located;

(f)details of the communal facilities, services and amenities available to home owners and other residents of the park;

(g)a list of all proposed bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park;

(h)a copy of the emergency plan for the park;

(i)a copy of the park rules;

(j)any other information prescribed by regulation.

(4)The chief executive may, by notice given to the applicant, ask the applicant for further information the chief executive reasonably requires to decide the application.

18B   Registration of residential park

(1)The chief executive must consider the application and decide to—

(a)register the residential park; or

(b)refuse to register the residential park.

(2)The chief executive’s decision must be made within 90 days after the later of the following days—

(a)the day the application is received;

(b)if the chief executive asks for further information under section 18A(4)—the day the applicant gives the chief executive the further information.

(3)The chief executive may register the residential park only if the chief executive is satisfied—

(a)the application complies with section 18A; and

(b)if the chief executive has asked for further information under section 18A(4)—the applicant has given the chief executive the further information.

(4)The chief executive must, after deciding the application, promptly give the applicant notice of the decision.

(5)If the decision is to refuse to register the residential park, the notice must be an information notice for the decision.

Note—

See sections 18P and 18Q for offences in relation to operating, and engaging in other conduct in relation to, an unregistered residential park.

(6)If the chief executive fails to decide the application within the period required under subsection (2), the chief executive is taken to have refused the application.

(7)If the application is taken to be refused under subsection (6), the applicant is entitled to be given an information notice by the chief executive for the decision.

Division 3 Residential park register

18C   Residential park register

(1)The chief executive must keep a register of residential parks that are registered (the residential park register).

(2)The residential park register may include the following information for each residential park that is registered—

(a)the name of the park;

(b)the address of the park;

(c)the postal address of the park;

(d)the name of the park owner;

(e)contact details for the park owner;

(f)the number of manufactured homes positioned on sites in the park;

(g)details of the land on which the sites in the park are located;

(h)details of the communal facilities, services and amenities available to home owners and other residents of the park;

(i)details of all bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park;

(j)a copy of the emergency plan for the park;

(k)a copy of the park rules;

(l)any other information prescribed by regulation.

(3)The register may be kept in the way the chief executive considers appropriate, including in electronic form.

(4)The chief executive may publish information included in the residential park register at the times, and in the way, decided by the chief executive.

18D    Inspecting and obtaining information about residential park

(1)A person may, on payment of the fee prescribed by regulation, inspect or obtain a copy of information included in the residential park register for a residential park.

(2)The information may be inspected, or a copy of the information may be obtained—

(a)at a place decided by the chief executive; or

(b)if the register is kept in electronic form—electronically.

18E    Changes in information for residential park

(1)This section applies if there is a material change in any of the information for a residential park that may be included in the residential park register.

(2)The park owner for the residential park must, within 28 days after becoming aware of the material change, give the chief executive notice, in the approved form, of the change unless the park owner has a reasonable excuse.

Maximum penalty—100 penalty units.

18F   Chief executive may require information

(1)The chief executive may, by notice given to the park owner for a residential park, require the park owner, within a stated period of at least 30 days after the notice is given, to give the chief executive stated information about any information for the park that may be included in the residential park register.

(2)The park owner must comply with the requirement unless the park owner has a reasonable excuse.

Maximum penalty—100 penalty units.

Division 4 Park website and comparison document

18G    Residential park website

(1)The park owner for a residential park must maintain a website for the park.

Maximum penalty—50 penalty units.

(2)A website maintained under subsection (1) may relate to more than 1 residential park.

(3)A regulation may exempt a residential park, or residential parks of a class, in stated circumstances from the requirement under subsection (1).

18H    Meaning of comparison document

A comparison document, for a residential park, is a document in the approved form that—

(a)includes a declaration about site rent under section 70B; and

(b)contains details of the following information for the residential park—

(i)the communal facilities, services and amenities available in the park;

(ii)the frequency of site rent increases in the park;

(iii)the bases for increasing site rent in the park;

(iv)the services and utilities included in the site rent;

(v)any other details prescribed by regulation; and

(c)is formatted in the way prescribed by regulation.

18I    Requirement to prepare comparison document

The park owner for a residential park must prepare a comparison document for the residential park.

Maximum penalty—200 penalty units.

18J    Requirement to publish comparison document

If a park owner is required under section 18G to maintain a website for a residential park (the park website), the park owner must—

(a)publish the comparison document for the residential park on the park website; and

(b)ensure the comparison document for the residential park, or a link to the comparison document, appears prominently on the park website; and

(c)ensure any advertisement on the park website for the sale of a manufactured home in the residential park—

(i)states that the manufactured home is a manufactured home regulated under the Manufactured Homes (Residential Parks) Act 2003; and

(ii)includes a link to the comparison document for the residential park.

Maximum penalty—20 penalty units.

18K    Park owner or sales person to give copy of comparison document on request

(1)This section applies if a person asks either of the following persons, in writing, for a copy of the comparison document for a residential park—

(a)the park owner for the residential park;

(b)a person engaged in the sale or marketing of manufactured homes in the residential park.

(2)The park owner, or other person, of whom a request is made under subsection (1)—

(a)must, within 7 days after the request is made, give the home owner a copy of the comparison document; and

(b)must not charge a fee for the comparison document that is more than the amount prescribed by regulation.

Maximum penalty—10 penalty units.

18L    Changes to comparison document

(1)The park owner for a residential park must, immediately after becoming aware of a material change in any of the information in the comparison document for the residential park, amend the comparison document to include the correct information.

Maximum penalty—50 penalty units.

(2)Within 28 days after amending a comparison document under subsection (1), or updating a comparison document to include a declaration about site rent under section 70B, the park owner must give the chief executive—

(a)notice of the amendment or declaration; and

(b)a copy of the amended or updated comparison document.

Maximum penalty—200 penalty units.

Division 5 Cancelling registration

18M   Cancelling registration at request of park owner

(1)The park owner for a residential park may ask the chief executive, in writing, to cancel the registration of the residential park if the park owner—

(a)has stopped operating the park; or

(b)proposes to stop operating the park.

(2)The chief executive may cancel the registration of the residential park if the chief executive is satisfied that cancelling the registration of the park is appropriate.

18N   Cancelling registration on chief executive’s own initiative

(1)The chief executive may, by notice given under this section to the park owner for a residential park, cancel the registration of the residential park if the chief executive is satisfied the park owner—

(a)has stopped operating the park; or

(b)proposes to stop operating the park.

(2)The chief executive must, before cancelling the registration of the residential park under this section, give the park owner a notice stating—

(a)that the chief executive proposes to cancel the registration of the residential park under this section; and

(b)the day (the proposed cancellation day), at least 30 days after the day the notice is given, on which the chief executive proposes to cancel the registration of the residential park; and

(c)that the park owner may provide evidence to the chief executive, within the stated period ending not earlier than 14 days after the day the notice is given (the submission period), that the park owner is continuing to operate the residential park.

(3)The chief executive must consider any evidence provided by the park owner within the submission period and decide to—

(a)cancel the registration of the residential park; or

(b)not cancel the registration of the residential park.

(4)If the decision is to cancel the registration of the residential park, the chief executive must promptly give the park owner an information notice for the decision that states the day the registration of the residential park is cancelled.

(5)For subsection (4), the stated day must be a day that is not earlier than—

(a)the day the information notice is given to the park owner; or

(b)the proposed cancellation day.

(6)If the decision is not to cancel the registration of the residential park, the chief executive must give the park owner notice of the decision.

18O    Updating residential park register on cancellation of registration of residential park

If the registration of a residential park is cancelled under section 18M or 18N, the chief executive may record in the residential park register—

(a)that the registration of the residential park has been cancelled; and

(b)the date the registration was cancelled; and

(c)whether the registration was cancelled at the request of the park owner or on the chief executive’s initiative.

Division 6 Offences relating to unregistered residential parks

18P   Offence to operate unregistered residential park

A person must not operate a residential park that is an unregistered residential park.

Maximum penalty—540 penalty units.

18Q   Offence to induce or invite person to reside in, purchase or rent in unregistered residential park

(1)A person must not, in relation to a residential park the person knows, or ought reasonably to know, is an unregistered residential park—

(a)induce or invite another person to do any of the following things—

(i)reside in a manufactured home positioned on a site in the park;

(ii)purchase a manufactured home positioned on a site in the park;

(iii)enter into a site agreement in relation to land in the park;

(iv)pay site rent under a site agreement in relation to land in the park; or

(b)use a document, or publish an advertisement, to induce or invite another person to do a thing mentioned in paragraph (a).

Maximum penalty—540 penalty units.

(2)However, a person does not contravene subsection (1) if the person, or the document or advertisement, only invites expressions of interest in the residential park.

(3)In this section—

advertisement includes an advertisement made by publishing a statement or claim—

(a)in a document, including a newspaper or magazine; or

(b)by broadcast, electronic communication, telecommunication, video or film.

induce includes attempt to induce.

18R    Order to stop contravention of s 18P or 18Q

(1)This section applies if the chief executive considers, on reasonable grounds, that a person is contravening section 18P or 18Q.

(2)The chief executive may apply to the District Court for an order requiring the person to stop contravening the section.

(3)The court may make any order, including an interim order, it considers appropriate.

Part 5    Site agreements

Division 1 General

19   Terms of site agreement include responsibilities under Act etc.

The following are taken to be included as terms of a site agreement—

(a)the home owner’s responsibilities under section 16;

(b)the park owner’s responsibilities under section 17;

(c)the park rules for the residential park;

(d)the terms of any tribunal order in force about the agreement;

(e)other duties imposed on, or entitlements given to, the park owner or home owner under this Act.

20   Standard terms

(1)A regulation may prescribe terms for inclusion in a site agreement.

(2)The terms prescribed for this section are the standard terms of a site agreement.

21   Special terms

The special terms of a site agreement are the terms of the agreement that are not—

(a)standard terms; or

(b)terms taken to be included in the agreement under section 19.

22   Variation of special term

(1)A special term of a site agreement may be varied at any time while the agreement is in force.

(2)A variation of a special term of a site agreement is void unless it is written and signed by the parties to the agreement.

(3)If a party to a site agreement (the first party) proposes a variation of a special term of the agreement and the other party does not agree to the variation, the first party may, subject to section 116, apply to the tribunal for an order under subsection (4).

(4)If a party applies under subsection (3), the tribunal may make the order the tribunal considers appropriate about the proposed variation.

23   Contracting out prohibited

(1)An agreement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a site agreement.

(2)A person must not enter into an agreement with the intention, directly or indirectly, of defeating the operation of this Act.

Maximum penalty—200 penalty units.

(3)In this section—

agreement includes arrangement.

defeating includes evading and preventing.

24   Inconsistency

(1)If a provision of this Act is inconsistent with a special term of a site agreement, the provision prevails and the term is void to the extent of the inconsistency.

(2)If a standard term of a site agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.

25   Written agreement

(1)The park owner for a residential park must ensure a site agreement is written to the extent, and in the way, required by this section.

Maximum penalty—200 penalty units.

(2)The agreement must include the standard terms, and any special terms, of the agreement.

(3)If, for a standard term of a site agreement to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included.

Example of information—

the names of the parties and a description of the site

(4)The agreement must—

(a)be easily legible; and

(b)if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and

(c)be written in a precise way; and

(d)be clearly expressed in plain language; and

(e)precisely identify the site; and

(f)state each party’s name and address; and

(g)state a phone number, if any, of the home owner; and

(h)state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and

(i)state the following—

(i)the site rent and other charges payable under the agreement;

(ii)when the site rent and other charges are payable and how they must be paid;

(iii)how and when the site rent may be varied, including that, under the Act, the tribunal may—

(A)make an order increasing the site rent on application by the park owner; or

(B)make an order reducing the site rent on application by the home owner; and

Note—

Part 11 (Varying site rent) states the circumstances in which the orders may be made.

(j)state the maximum number of persons who may reside on the site the subject of the agreement; and

(k)be signed by the parties; and

(l)comply with any other requirement prescribed under a regulation.

(5)The park owner must pay the costs of preparing the agreement.

(6)Also, the park owner must keep a copy of the agreement until 1 year after the agreement is terminated.

Maximum penalty—20 penalty units.

(7)Nothing in this section affects the enforceability of a site agreement that is not written.

Note—

Section 151 deals with relevant agreements, under the repealed Act, in force immediately before the commencement of section 148 that are not in writing.

25A   Plain language for special term of site agreement

(1)This section applies if a home owner under a site agreement proposes that a special term of the agreement be varied because it is not clearly expressed in plain language and the park owner does not agree about the language, or proposed variation, of the special term.

(2)The home owner may, subject to section 116, apply to the tribunal to consider whether the special term is not clearly expressed in plain language.

(3)If the home owner applies under subsection (2) and the tribunal considers the term is not clearly expressed in plain language, it may do 1 or more of the following—

(a)make an order varying the terms of the site agreement in the way the tribunal considers appropriate;

(b)make an order prohibiting the park owner from using the same or a similar term in any other site agreement entered into after the order.

25B   Prohibited terms of site agreements and prohibited park rules

(1)A regulation may prohibit—

(a)a stated type of special term in a site agreement; or

(b)a stated type of park rule.

(2)A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1).

Maximum penalty—100 penalty units.

(3)A park owner must not make a type of park rule that is prohibited under subsection (1).

Maximum penalty—100 penalty units.

(4)A park owner must not attempt to enforce—

(a)a special term in a site agreement that is prohibited from being in a site agreement under subsection (1); or

(b)a park rule of a type that is prohibited under subsection (1).

Maximum penalty—100 penalty units.

(5)A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1).

(6)Subsection (7) applies if a home owner under a site agreement considers a special term of the agreement is wholly or partly void under subsection (5) and the park owner does not agree.

(7)The home owner may, subject to section 116, apply to the tribunal to consider whether part or all of the special term is void under subsection (5).

(8)If a home owner applies under subsection (7), the tribunal may do 1 of the following—

(a)declare that a stated term of the site agreement is void;

(b)declare that a stated term of the site agreement is not void;

(c)declare that a stated term of the site agreement is void to a stated extent;

(d)make an order varying a stated term of the site agreement.

26   Duration of site agreement

A home owner’s right under a site agreement to position a manufactured home on a site continues until the agreement is terminated.

27   Successor in title of park owner

A successor in title of the park owner under a site agreement obtains the benefits, and is subject to the obligations, of the park owner in relation to the agreement.

28   Notice to be given by successor in title of park owner to home owner

A person must, within 14 days after becoming a successor in title of the park owner under a site agreement, give the home owner under the agreement a notice—

(a)stating the person’s name and business address; and

(b)directing the home owner to make all future payments of site rent payable under the agreement to the person.

Maximum penalty—10 penalty units.

Division 2 Entering into site agreements

29   Disclosure documents to be given to prospective home owner

(1)The park owner for a residential park must not enter into a site agreement for a site in the park with a prospective home owner unless the park owner has complied with subsections (2) and (3).

Maximum penalty—200 penalty units.

Note—

For another possible consequence of not complying with this section, see section 33.

(2)Subject to subsection (3), the park owner must give the prospective home owner—

(a)the documents mentioned in schedule 1, part 1 (the initial disclosure documents) for the site at least 21 days before entering into the site agreement (the default notice period); and

(b)the following documents (the supplementary disclosure documents) for the site at least 14 days before entering into the site agreement (also the default notice period)—

(i)the documents mentioned in schedule 1, part 2;

(ii)2 copies of a proposed site agreement.

(3)If, under section 29A, the prospective home owner waives the right to be given the initial disclosure documents and the right to be given the supplementary disclosure documents for the site in the default notice period, the park owner must give the prospective home owner the documents at least 7 days before entering into the site agreement.

29A   Waiver of disclosure of documents in default notice period

(1)The prospective home owner may, by notice to the park owner, waive the right under section 29(2)(a) to be given the initial disclosure documents and the right under section 29(2)(b) to be given the supplementary disclosure documents for the site in the default notice period.

(2)The notice must—

(a)if there is an approved form for the notice—be in the approved form; and

(b)state that the prospective home owner—

(i)has obtained independent legal advice from a Queensland lawyer about entering into the site agreement for the site; and

(ii)agrees to receive the initial disclosure documents less than 21 days but at least 7 days, and the supplementary disclosure documents less than 14 days but at least 7 days, before entering into the site agreement; and

(c)be signed by the lawyer and include the lawyer’s name and contact details and the date the legal advice was given.

30   Obtaining independent legal advice about site agreement

The park owner for a residential park must not, at any time, restrict a person’s right to obtain independent legal advice about a site agreement, including independent legal advice mentioned in section 29A(2)(b)(i).

Maximum penalty—100 penalty units.

31   Home owner’s copy of site agreement

(1)This section applies if the park owner for a residential park—

(a)has received 2 copies of a proposed site agreement for a site, signed by a prospective home owner for the site; and

(b)has signed both copies.

(2)The park owner must, within 10 days after signing both copies, return a copy to the other party to the agreement.

Maximum penalty—100 penalty units.

Part 6    Termination of site agreements

Division 1 Introduction

32   No other way of terminating site agreement

A site agreement may be terminated only under this part or part 8.

Division 2 Termination within cooling-off period

33   Cooling-off period

(1)This section applies if the park owner for a residential park and a prospective home owner for a site enter into a site agreement for the site.

(2)The home owner may, within the cooling-off period, terminate the site agreement by giving a signed notice of the termination to—

(a)the park owner; and

(b)if the home owner has granted a person a security interest in the manufactured home positioned on the site—that person.

(3)The notice must state the day, within 28 days after the notice is given, the termination is effective (the termination day).

(4)The home owner may terminate the agreement under subsection (2) even though—

(a)the home owner has affirmed the agreement; and

(b)the agreement has been fully executed.

(5)If the agreement is terminated under subsection (2), the home owner is not liable to pay any amount otherwise payable under the agreement by the home owner to the park owner.

(6)If the agreement is terminated under subsection (2), the park owner must, within 14 days after the termination day, refund any amount received under the agreement from the home owner.

Maximum penalty—100 penalty units.

(7)An amount payable to the home owner under subsection (6) is recoverable as a debt.

(8)In this section—

cooling-off period means the following period after the day the last person signed the site agreement—

(a)if the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29—28 days;

(b)otherwise—7 days.

34   Automatic ending of sale agreement

(1)This section applies in relation to a site agreement if—

(a)in conjunction with the agreement, the parties to the agreement enter into an agreement (the sale agreement) for the sale of a manufactured home positioned on the site; and

(b)the home owner terminates the site agreement under section 33.

(2)The sale agreement is taken to be at an end on the day the termination of the site agreement is effective.

(3)Also, on the ending of the sale agreement under subsection (2), ownership of the home reverts to the park owner.

(4)Subsections (2) and (3) apply even though—

(a)the home owner has affirmed the sale agreement; and

(b)the sale agreement has been fully executed.

(4A)Subsection (4B) applies if the home owner has granted a person (a financier) a security interest in the home and the financier has been given notice of the termination of the site agreement under section 33(2) or otherwise knows about the termination.

(4B)The financier must, within 7 days after the ending of the sale agreement under subsection (2), give the park owner a notice stating the amount owing under the security interest.

(5)The park owner must, within the refund period, pay the refundable amount as follows—

(a)first, if all or part of the refundable amount is owing to a financier under a security interest in the home—in payment of the amount owing under the security interest;

(b)second, in payment of any balance to the home owner.

Maximum penalty—100 penalty units.

(5A)For subsection (5)(a), the amount owing under the security interest is the amount stated in a notice given by the financier to the park owner.

(6)A term in the sale agreement is void to the extent it purports to exclude, change or restrict the operation of subsection (5).

(7)In this section—

refundable amount means the total of the following—

(a)the amount paid to the park owner, or at the park owner’s direction, under the sale agreement;

(b)if the park owner did not give the home owner the disclosure documents for the site as required under section 29—the amount of any expenses reasonably incurred by the home owner arising out of or incidental to the sale agreement.

refund period means the period—

(a)if subsection (5)(a) applies, starting—

(i)when the financier gives the park owner the notice as required under subsection (4B); or

(ii)7 days after the ending of the sale agreement under subsection (2); and

(b)ending at the end of the day that is 14 days after the ending of the sale agreement under subsection (2).

35   Compensation may be payable to home owner

(1)This section applies if—

(a)the home owner under a site agreement terminates the agreement under section 33; and

(b)the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29; and

(c)the home owner removes the manufactured home positioned by the home owner on the site from the site and relocates it to another place; and

(d)the home owner and park owner do not agree about compensation payable to the home owner for the removal and relocation of the home.

(2)The home owner may, subject to section 116, apply to the tribunal for an order under subsection (3).

(3)On application by the home owner, the tribunal may make an order (the compensation order) that the park owner pay the home owner an amount of compensation to cover the reasonable costs of removing the home from the site and relocating it to another place.

(4)The application must be made within 6 months after the termination of the agreement is effective.

(5)In making the compensation order, the tribunal may have regard to the following—

(a)the costs of removing the home from the site;

(b)the costs of transporting the home and the home owner’s personal effects to the other location;

(c)the costs of positioning the home at the other location;

(d)the costs of repairing any damage to the home arising from its removal and relocation;

(e)whether the home owner has taken all reasonable steps to mitigate the costs of removal and relocation.

(6)In making the compensation order, the tribunal may only make an allowance for the costs mentioned in subsection (5)(b)—

(a)if the distance of transport was less than 300km—relating to the actual distance of transport; or

(b)if the distance of transport was 300km or more—relating to a distance of transport of 300km.

(7)The compensation order must not be for an amount that is more than the market value of the home.

(8)In conjunction with the compensation order, the tribunal may make any other order the tribunal considers appropriate.

Division 3 Termination of site agreement in other circumstances

35A   Definitions for division

In this division—

compensation order see section 39C(2).

termination day see section 39A(1).

termination order see sections 38(1) and 39(3).

36   Termination of site agreement by agreement between home owner and park owner

(1)The parties to a site agreement may agree, in the approved form, to terminate the site agreement.

(2)If a site agreement is terminated under subsection (1), the home owner must give the park owner vacant possession of the site on or before the day it is agreed by the parties the termination is effective.

(3)The park owner under a site agreement must not coerce, or attempt to coerce, the home owner to agree to terminate the agreement under subsection (1).

Maximum penalty—200 penalty units.

(4)A park owner must not—

(a)enter into a prohibited agreement; or

(b)vary a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement.

Maximum penalty—200 penalty units.

(5)A prohibited agreement is void.

(6)A variation of a site agreement as mentioned in subsection (4)(b) is void.

37   Termination of site agreement by home owner

(1)The home owner under a site agreement may terminate the agreement by notice, in the approved form, given to the park owner.

(2)The notice must state the day, not later than 28 days after the notice is given, the agreement is terminated.

(3)The home owner must give the park owner vacant possession of the site on or before the stated day.

38   Termination of site agreement by tribunal—conduct of home owner etc.

(1)On application by the park owner under a site agreement, the tribunal may make an order (a termination order) terminating the agreement on any of the following grounds—

(a)the home owner—

(i)has contravened a term of the agreement; and

(ii)has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given;

(b)the home owner has assaulted a person who was lawfully in the residential park;

(c)the home owner has wilfully destroyed property, other than the home owner’s property, on the residential park or site;

(d)the home owner is using the site other than as a place of residence;

Example of the home owner using the site as a place of residence—

the home owner using the site as rental accommodation

(e)the home owner, or the home owner’s tenant or guest—

(i)repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and

(ii)continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour.

(2)In this section—

assault includes threaten to assault, procure someone else to assault and attempt to assault.

39   Termination of site agreement by tribunal—residential park land to be used for other purpose

(1)The park owner for a residential park may apply to the tribunal to terminate a site agreement on the ground the park owner wishes to use the residential park land, or a part of the residential park in which the site is located, for another purpose stated in the application (the stated purpose).

(2)The application must be accompanied by a document certified by the local government for the local government area in which the residential park is situated stating it is lawful for the residential park land, or a part of the residential park in which the site is located, to be used for the stated purpose.

(3)On application by the park owner under this section, the tribunal may make an order (a termination order) terminating the site agreement.

39A   Termination day for termination order

(1)A termination order in relation to a site agreement must state the day (the termination day) the termination of the site agreement is effective.

(2)The termination day must be a day, not later than 1 year after the day the termination order is made, that the tribunal considers just and equitable in the circumstances.

Examples of circumstances for subsection (2)—

•the home owner’s personal and financial circumstances, including the home owner’s health, age and mobility

•the availability and location of alternative accommodation at a similar cost

•the financial effect on the park owner of deferring the termination day

39B   Termination order must include order for vacant possession of site or transfer of manufactured home

(1)A termination order in relation to a site agreement under which a manufactured home is positioned on the site must include 1 of the following orders—

(a)an order requiring the home owner to give the park owner vacant possession of the site on or before the termination day;

(b)an order requiring the home owner to do both of the following on or before the termination day—

(i)transfer ownership of the manufactured home to the park owner;

(ii)give vacant possession of the manufactured home to the park owner.

(2)However, an order under subsection (1)(b) may be made only with the consent of the home owner.

(3)In deciding whether to make an order under subsection (1)(a) or (b), the tribunal must consider the following matters—

(a)the cost and practicality of relocating the manufactured home to another location;

(b)submissions by the home owner about whether the home owner intends to relocate the manufactured home to another location;

(c)submissions by the park owner and the home owner about whether the manufactured home should be resold in the residential park;

(d)the availability of alternative locations to position the manufactured home within a reasonable distance from the residential park;

(e)the condition and saleability of the manufactured home, and the likelihood of the manufactured home being resold in the residential park;

(f)the amount paid by the home owner for the manufactured home, and the amount of any reduction in the value of the home if the home owner is required to give vacant possession of the site;

(g)what the tribunal considers to be fair and reasonable in the circumstances.

(4)The tribunal may make any other order the tribunal considers appropriate.

39C   Compensation order

(1)This section applies if the tribunal makes a termination order under section 38 or 39 in relation to a site agreement.

(2)The tribunal may, as well as making the termination order, make an order (a compensation order) that the park owner pay the home owner compensation in relation to the termination of the site agreement.

(3)The tribunal may have regard to the matters mentioned in subsection (4) or (5) in making the compensation order.

(4)If the termination order includes an order under section 39B(1)(a), the matters are as follows—

(a)the estimated costs of dismantling the manufactured home from the site;

(b)the estimated costs of transporting the manufactured home and the home owner’s personal effects to another location;

(c)the estimated costs of positioning the manufactured home at another location;

(d)the amount the home owner paid for the manufactured home;

(e)the difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site;

(f)whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park;

(g)the amount of any arrears in site rent owed by the home owner under the site agreement;

(h)what the tribunal considers is otherwise fair and reasonable in the circumstances;

(i)anything else the tribunal considers relevant.

(5)If the termination order includes an order under section 39B(1)(b), the matters are as follows—

(a)the amount the home owner paid for the manufactured home;

(b)the market value of the manufactured home if it is sold on site and the residential park remains operational;

(c)whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park;

(d)if the termination order is made under section 38—the likely time and expense for the park owner to resell the home;

(e)what the tribunal considers is otherwise fair and reasonable in the circumstances;

(f)anything else the tribunal considers relevant.

(6)The maximum distance for which transport costs mentioned in subsection (4)(b) may be allowed in the compensation order is the lesser of—

(a)the estimated distance of the transport; or

(b)300km.

39D   Compensation amount recoverable as debt

The amount payable to a home owner under a compensation order is recoverable as a debt.

39E   Appointment of valuer for making compensation order

(1)For the purposes of making a compensation order, the tribunal may appoint an appropriately qualified and independent registered valuer to assist the tribunal to decide the market value of a manufactured home positioned on a site in a residential park.

(2)If the tribunal appoints a valuer under subsection (1), the park owner must pay the valuer’s costs of assisting the tribunal, including—

(a)the costs of preparing any written valuation required by the tribunal; and

(b)the fees and allowances for giving evidence, if required, in a proceeding.

(3)However, subsection (2) applies only if, before appointing the valuer, the tribunal—

(a)informs the park owner of the amount the park owner is likely to be required to pay under subsection (2); and

(b)gives the park owner the opportunity to be heard on the matter of appointing the valuer.

40   [Repealed]

40A   Other orders

(1)This section applies if the tribunal makes a termination order under section 39 in relation to a site agreement.

(2)With the consent of the home owner, the tribunal may order the park owner to make a comparable site within the park available to the home owner for the positioning of the manufactured home.

(3)However, the tribunal can not make an order under subsection (2) if the tribunal is satisfied there is no comparable site available.

(4)If the tribunal makes an order under subsection (2), the tribunal—

(a)must make an order varying the site agreement to identify the comparable site; and

(b)may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.

(5)Subsection (2) does not prevent a compensation order being made in favour of the home owner.

40B   Extension of period for complying with termination order

(1)This section applies if the tribunal has made a termination order in relation to a site agreement.

(2)The home owner may apply to the tribunal, before the termination day, for an order extending—

(a)the period for complying with an order made under section 39B(1)(a) or (b); or

(b)the period for complying with another order made by the tribunal in the termination order.

(3)On the making of an application under subsection (2), the termination order is suspended until the application is decided.

(4)The tribunal may—

(a)extend the period mentioned in subsection (2)(a) or (b) by the period (the extension period) the tribunal considers reasonable; and

(b)make any other order the tribunal considers appropriate.

(5)If the tribunal makes an order under subsection (4)(a), the termination day under the termination order is taken to be changed to the last day of the extension period.

41   Apportioning payments on termination of site agreement

(1)If a site agreement is terminated under this division, the home owner is not liable to pay to the park owner a part of a payment payable under the agreement that relates to a period after the day the termination is effective.

(2)If a site agreement is terminated under this division, the park owner must, within 14 days after the termination is effective, refund to the home owner a part of any payment received under the agreement from the home owner that relates to a period after the day the termination is effective.

Maximum penalty—100 penalty units.

(3)An amount payable to the home owner under subsection (2) is recoverable as a debt.

Part 7    Assignment of home owner’s interest in site agreement

Division 1 Introduction

42   Application of pt 7

This part applies if the home owner for a site in a residential park (the seller) on which a manufactured home is positioned proposes—

(a)to sell the home to a person (the buyer); and

(b)to assign the seller’s interest in the site agreement for the site (the seller’s interest) to the buyer.

43   Hinder proposed assignment

(1)The park owner under the agreement must not hinder the proposed assignment of the seller’s interest.

Maximum penalty—100 penalty units.

(2)The park owner does not contravene subsection (1) if, under this part, the park owner reasonably refuses to consent to a proposed assignment of the seller’s interest.

Division 2 Requirements for assignment of seller’s interest

44   Assignment only by assignment agreement

(1)The seller may assign the seller’s interest to the buyer only by written agreement (the assignment agreement) with the buyer.

(2)A term in the assignment agreement is void to the extent it purports to exclude, change or restrict the operation of section 46, 47, 48, 48A or 51A.

45   Notice of proposed sale and assignment

The seller must give the park owner notice, in the approved form, of the proposed assignment of the seller’s interest.

45A   Disclosure documents to be given to buyer

(1)The park owner for a residential park must, within 7 days after receiving the notice mentioned in section 45, give the documents mentioned in schedule 1 for the site to the buyer.

Maximum penalty—20 penalty units.

Note—

See also section 48A under which the park owner is required to give the disclosure documents for the site to the buyer within a stated period before consenting to the assignment of the seller’s interest.

(2)To remove any doubt, it is declared subsection (1) applies even if the park owner intends to refuse, or refuses, to consent to the proposed assignment of the seller’s interest.

46   Obtaining independent legal advice about assignment of seller’s interest

The park owner or seller must not restrict the buyer’s right to obtain independent legal advice about the assignment of the seller’s interest, including independent legal advice mentioned in section 48B(2)(b)(i).

Maximum penalty—100 penalty units.

47   Form of assignment

(1)The assignment of the seller’s interest must be in the approved form (the form of assignment).

(2)The seller and buyer must each sign 2 copies of the form of assignment.

48   Park owner’s consent required

(1)The assignment of the seller’s interest is not effective unless the park owner has consented to the assignment.

(2)The park owner may give the consent only by signing both copies of the form of assignment.

48A   Buyer to be given disclosure documents before park owner consents

The park owner must not consent to the assignment of the seller’s interest to the buyer unless the park owner has given the buyer the disclosure documents for the site—

(a)at least 21 days before giving the consent (the default notice period); or

(b)if under section 48B the buyer waives the right to be given the disclosure documents in the default notice period—at least 7 days before giving the consent.

Maximum penalty—200 penalty units.

Note—

For another possible consequence of not complying with this section, see section 51A.

48B   Waiver of disclosure of documents in default notice period

(1)The buyer may, by notice to the park owner, waive the right under section 48A to be given the disclosure documents for the site in the default notice period.

(2)The notice must—

(a)if there is an approved form for the notice—be in the approved form; and

(b)state that the buyer—

(i)has obtained independent legal advice from a Queensland lawyer about being assigned the seller’s interest in the site agreement for the site; and

(ii)agrees to receive the disclosure documents less than 21 days, but at least 7 days, before the park owner consents to the assignment of the seller’s interest to the buyer; and

(c)be signed by the lawyer and include the lawyer’s name and contact details and the date the legal advice was given.

49   Consent to assignment of seller’s interest

(1)After the buyer and seller sign the form of assignment, the seller must give the park owner a written request for the park owner’s consent to the assignment.

(2)The request must be accompanied by 2 signed copies of the form of assignment.

(3)The park owner must not unreasonably refuse to consent to the assignment.

(4)If the park owner consents to the assignment, the park owner must—

(a)return 1 copy of the form of assignment to the seller; and

(b)keep the other copy of the form of assignment until 1 year after the site agreement is terminated.

Maximum penalty—20 penalty units.

(5)If the park owner refuses to consent to the assignment, the park owner must—

(a)return both copies of the form of assignment to the seller; and

(b)give the seller written notice—

(i)of the decision and the reasons for it; and

(ii)that if the seller is dissatisfied with the refusal—

(A)the seller must use the dispute resolution procedure under section 107 to try to resolve the dispute with the park owner; and

(B)the seller may, subject to section 116, apply to the tribunal for an order that the park owner consent to the assignment.

Maximum penalty—20 penalty units.

(6)If, within 28 days after receiving the request, the park owner does not consent to the assignment under subsection (4), or does not refuse to consent to the assignment under subsection (5), the park owner is taken to have refused to consent to the assignment.

50   Dispute resolution and application to tribunal about refusal to consent to assignment

(1)This section applies if the park owner refuses, or is taken to have refused, to consent to the assignment of the seller’s interest.

(2)The seller may, subject to section 116, apply to the tribunal for an order (the assignment order) that the park owner consent to the assignment of the seller’s interest on a day (the consent day) stated in the order.

(3)The tribunal may make the assignment order if it decides that the park owner unreasonably refused to consent to the assignment.

(4)Also, if the park owner has not given the buyer the disclosure documents for the site, the tribunal may make an order directing the park owner to give the documents to the buyer at least 7 days before the consent day.

(5)If the tribunal makes the assignment order, the park owner must on the consent day sign both copies of the form of assignment and return them to the seller.

Maximum penalty—20 penalty units.

(6)If the park owner fails to comply with subsection (5), the park owner is taken to consent to the assignment on the consent day.

51   Seller to give particular documents to buyer

(1)This section applies if the park owner consents to the assignment of the seller’s interest.

(2)The seller must, as soon as practicable after receiving a copy of the form of assignment under section 49(4)(a), give the following documents to the buyer—

(a)the copy of the form of assignment;

(b)the seller’s copy of the site agreement.

Maximum penalty—5 penalty units.

Division 3 Termination of assignment agreement within cooling-off period

51A   Cooling-off period for assignment agreement

(1)This section applies if—

(a)the seller and buyer have entered into an assignment agreement; and

(b)the park owner consents to the assignment of the seller’s interest in the site agreement for the site to the buyer.

(2)The buyer may, within the cooling-off period, terminate the assignment agreement by giving a signed notice of the termination to—

(a)the park owner; and

(b)the seller; and

(c)if the buyer has granted a person a security interest in the manufactured home positioned on the site—that person.

(3)The notice must state the day, within 28 days after the notice is given, the termination takes effect (the termination day).

(4)The buyer may terminate the assignment agreement under subsection (2) even though—

(a)the buyer has affirmed the agreement; and

(b)the agreement and the form of assignment of the seller’s interest have been fully executed.

(5)If the assignment agreement is terminated under subsection (2)—

(a)the form of assignment of the seller’s interest is taken to be revoked; and

(b)the buyer is not liable to pay any amount otherwise payable under the agreement by the buyer to the seller.

(6)If the assignment agreement is terminated under subsection (2), the seller must, within 14 days after the termination day, refund any amount received under the agreement from the buyer.

Maximum penalty—100 penalty units.

(7)An amount payable to the buyer under subsection (6) is recoverable as a debt.

(8)In this section—

cooling-off period means the following period after the park owner consents to the assignment of the seller’s interest to the buyer—

(a)if the park owner has not given the buyer the disclosure documents for the site as required under section 48A—28 days;

(b)otherwise—7 days.

Division 4 Provisions about sale agreement for manufactured home

51B   Application of division

This division applies if the seller and buyer have entered into an agreement for the sale of the manufactured home positioned on the site to the buyer (the sale agreement).

51C   Restriction on sale agreement

The seller must not complete the sale agreement unless—

(a)the park owner—

(i)has consented to the assignment of the seller’s interest in the site agreement to the buyer under section 48(2) or 50(5); or

(ii)is taken to have consented to the assignment under section 50(6); and

(b)the buyer has been given the disclosure documents for the site as required under—

(i)section 48A(a) or (b); or

(ii)an order made under section 50(4).

Maximum penalty—5 penalty units.

51D   Automatic ending of sale agreement

(1)This section applies if the buyer terminates the assignment agreement under section 51A.

(2)The sale agreement is taken to be at an end on the day the termination of the assignment agreement takes effect.

(3)Also, on the ending of the sale agreement under subsection (2), ownership of the home reverts to the seller.

(4)Subsections (2) and (3) apply even though—

(a)the buyer has affirmed the sale agreement; and

(b)the sale agreement has been fully executed.

(4A)Subsection (4B) applies if the buyer has granted a person (a financier) a security interest in the home and the financier has been given notice of the termination of the assignment agreement under section 51A(2) or otherwise knows about the termination.

(4B)The financier must, within 7 days after the ending of the sale agreement under subsection (2), give the seller a notice stating the amount owing under the security interest.

(5)The seller must, within the refund period, pay the refundable amount as follows—

(a)first, if all or part of the refundable amount is owing to a financier under a security interest in the home—in payment of the amount owing under the security interest;

(b)second, in payment of any balance to the buyer.

Maximum penalty—100 penalty units.

(5A)For subsection (5)(a), the amount owing under the security interest is the amount stated in a notice given by the financier to the seller.

(6)In this section—

refundable amount means the amount paid to the seller, or at the seller’s direction, under the sale agreement.

refund period means the period—

(a)if subsection (5)(a) applies, starting—

(i)when the financier gives the seller the notice as required under subsection (4B); or

(ii)7 days after the ending of the sale agreement under subsection (2); and

(b)ending at the end of the day that is 14 days after the ending of the sale agreement under subsection (2).

51E   Contracting out prohibited

A term in the sale agreement is void to the extent it purports to exclude, change or restrict the operation of section 51C or 51D.

Part 8    Abandonment of manufactured homes

52   Abandonment order

(1)Subsection (3) applies if the park owner under a site agreement reasonably believes the home owner has abandoned the manufactured home positioned on the site.

(2)Subsection (3) also applies if the park owner under a terminated site agreement reasonably believes the home owner under the agreement has abandoned the manufactured home positioned on the site.

(3)On application by the park owner, the tribunal may make an order (the abandonment order) declaring that the home owner has abandoned the home and the day the home was abandoned.

(4)The following provisions have effect on the day stated in the abandonment order as the day the home was abandoned—

(a)the home owner is taken to have abandoned the home;

(b)unless the agreement is a terminated site agreement, the agreement is taken to have been terminated.

(5)In deciding whether to make the abandonment order, the tribunal may have regard to the following—

(a)whether site rent payable under the agreement is unpaid;

(b)whether the home is unoccupied and neglected;

(c)whether the agreement has already been terminated under part 6;

(d)whether the home owner’s mail is being collected;

(e)reports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner;

(f)whether utilities supplied to, or used at, the home have been disconnected;

(g)whether the home owner’s personal effects have been removed from the home;

(h)anything else the tribunal considers relevant.

(6)In conjunction with the abandonment order, the tribunal may do any of the following—

(a)by order (a sale order), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site;

(b)order the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4)(b) (the termination payment);

(c)make any other order the tribunal considers appropriate.

(7)An amount payable to the park owner under subsection (6)(b) is recoverable as a debt.

(8)The park owner must not sell the home to which the abandonment order relates, or the home owner’s personal effects in the home or on the site, unless the tribunal authorises the park owner to sell the home or personal effects under subsection (6)(a).

Maximum penalty—100 penalty units.

(9)In this section—

terminated site agreement means a site agreement terminated under part 6, division 3.

53   Sale of home or personal effects

(1)This section applies if, under a sale order, a park owner is authorised to sell a manufactured home positioned on a site or a home owner’s personal effects.

(2)The park owner does not incur any liability for selling the home or personal effects, or removing the personal effects from the home or site, if the park owner acts honestly and without negligence.

(3)A person who buys the home or personal effects acquires a good title to the home or personal effects, and the interest of anyone else in the home or personal effect ends, unless the person buying the home or personal effects did not act honestly in the purchase.

(4)The park owner must not sell the home or personal effects to a prohibited person unless the tribunal authorises the sale under subsection (5).

Maximum penalty—100 penalty units.

(5)On application by the park owner, the tribunal may make an order authorising the park owner to sell the home or personal effects to a prohibited person on the conditions, if any, stated in the order.

(6)In this section—

associate, of the park owner, means an employee or relative of the park owner.

prohibited person means the park owner or an associate of the park owner.

relative, of the park owner, includes someone connected to the park owner by a spousal relationship or step-relationship.

54   Proceeds of sale

(1)This section applies if, under a sale order, the park owner sells a manufactured home or a home owner’s personal effects.

(2)The proceeds of the sale must be applied as follows—

(a)first, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(b)second, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects;

(c)third, in payment to the park owner of the amount of any termination payment;

(d)fourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.

(3)The public trustee must pay an amount received under subsection (2)(d) into the unclaimed moneys fund (the fund) kept under the Public Trustee Act 1978.

55   Payment of after-termination rent

(1)This section applies if—

(a)a site agreement is taken to have been terminated under section 52(4)(b); and

(b)under a sale order, the park owner sells the manufactured home positioned on the site or the home owner’s personal effects; and

(c)under section 54(3), the public trustee pays proceeds from the sale into the fund.

(2)On application to the tribunal by the park owner, the tribunal may make an order conferring on the park owner an entitlement to receive an amount paid into the fund under section 54(3), decided by the tribunal, on account of after-termination rent.

(3)On making the application, the park owner must demonstrate to the tribunal that the park owner—

(a)acted as soon as is reasonably practicable to sell the home or personal effects; and

(b)otherwise took all reasonable steps to mitigate the park owner’s loss of site rent that would have been payable under the agreement if it were still in force.

(4)In deciding whether to make the order, or if it decides to make the order, in deciding the amount the park owner is entitled to receive, the tribunal must take into account the extent to which the park owner has complied with subsection (3).

(5)In this section—

after-termination rent means the total of site rent that would have been payable under the agreement, if it were still in force, from the day the agreement is taken to have been terminated under section 52(4)(b) until the day the home or personal effects are sold.

Part 9    Sale of manufactured home positioned on site

Division 1 Home owner’s right to sell manufactured home

56   Right to sell

The home owner under a site agreement has the right to sell the manufactured home positioned on the site.

57   Placement of ‘for sale’ sign on site

(1)This section applies if—

(a)the home owner under a site agreement intends to offer the manufactured home positioned on the site for sale; and

(b)the agreement provides for the placement of a ‘for sale’ sign, in relation to the home, on the site.

(2)The home owner must give the park owner notice of the intention to offer the home for sale before placing the sign on the site.

(3)If the home owner gives a notice to the park owner under subsection (2), the park owner must not restrict the placement of the sign on the site, as allowed under the agreement.

Maximum penalty for subsection (3)—20 penalty units.

58   Park owner not to interfere with sale

(1)The park owner for a residential park must not hinder the sale by a home owner of the home owner’s manufactured home positioned on a site.

Maximum penalty—200 penalty units.

(2)Without limiting subsection (1), the park owner is taken to hinder the sale if the park owner stops potential buyers from inspecting the home.

(3)The park owner does not contravene subsection (1) if, under part 7, the park owner reasonably refuses to consent to a proposed assignment of the home owner’s interest in the site agreement for the site.

Division 2 Appointing park owner to sell manufactured home

59   Definition for div 2

In this division—

fee includes commission or other reward.

60   Appointing park owner under selling authority

The home owner under a site agreement may by signed notice (a selling authority), in the approved form, appoint the park owner as the home owner’s agent to sell, or to negotiate the sale of, the manufactured home positioned on the site.

61   Maximum fee under selling authority

The park owner for a residential park must not, under a selling authority, charge a home owner a fee for the agency that is more than the amount, if any, prescribed under a regulation.

Maximum penalty—100 penalty units.

62   Unauthorised selling fee prohibited

The park owner for a residential park must not charge a home owner a fee in relation to the sale of the manufactured home positioned on the home owner’s site in the park unless—

(a)the charge is made under a selling authority; and

(b)the park owner is the effective cause of the sale.

Maximum penalty—100 penalty units.

Part 9A    Buyback and rent reduction scheme

Division 1 Preliminary

62A   Purpose of part

The purpose of this part is to establish a buyback and rent reduction scheme under which a park owner must, in particular circumstances—

(a)buy an eligible home from an eligible home owner under a buyback agreement; and

(b)reduce the site rent payable under the site agreement for the site on which an eligible home is positioned.

62B   Definitions for part

In this part—

buyback agreement, for an eligible home, see section 62D.

buyback amount, for an eligible home, see section 62I.

buyback and rent reduction scheme see section 62A.

buyback period, in relation to an eligible home, see section 62E.

convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded.

eligible home see section 62C.

eligible home owner means the home owner of a manufactured home that is an eligible home.

notice of intention to sell see section 62N(2).

opt in notice see section 62P(2).

scheme means the buyback and rent reduction scheme established under this part.

seller services see section 62O(a).

sold see section 62F.

62C   Meaning of eligible home

A manufactured home is an eligible home if—

(a)the manufactured home is positioned on a site in a residential park; and

(b)the manufactured home was not brought onto the site, or another site in the residential park, by the home owner of the manufactured home or a former home owner of the manufactured home.

62D   Meaning of buyback agreement

A buyback agreement, for an eligible home, is an agreement between the eligible home owner and the park owner that—

(a)provides for the park owner to buy the eligible home from the eligible home owner—

(i)at the buyback amount for the eligible home; and

(ii)within the buyback period for the eligible home; and

(b)is in writing; and

(c)if there is an approved form—is in the approved form; and

(d)complies with any other requirements prescribed by regulation.

62E   Meaning of buyback period

The buyback period, in relation to an eligible home, is the period—

(a)starting on the day the eligible home owner gives the park owner an opt-in notice in relation to the eligible home; and

(b)ending on the latest of the following days—

(i)the day that is 12 months after the day the eligible home owner gives the park owner the opt in notice in relation to the eligible home;

(ii)if the eligible home owner has died—the day that is 14 days after the park owner is shown the probate of the eligible home owner’s will or letters of administration of the eligible home owner’s estate;

(iii)a day stated in an order made by the court under section 62Y;

(iv)a day fixed by the tribunal under section 62ZC or 62ZD as the day by which the park owner must comply with section 62T(1).

62F   Meaning of sold

An eligible home is sold only if the sale of the home has been completed.

62G   References to eligible home owner, park owner and parties

In a provision of this part about an eligible home—

(a)a reference to the eligible home owner is a reference to the eligible home owner of the eligible home; and

(b)a reference to the park owner is a reference to the park owner of the residential park containing the site on which the eligible home is positioned; and

(c)a reference to the parties is a reference to the eligible home owner and the park owner.

Division 2 Working out buyback amount for eligible home

62H   Application of division

This division applies if the eligible home owner of an eligible home gives the park owner an opt in notice in relation to the eligible home.

62I   Meaning of buyback amount

The buyback amount for the eligible home is the amount of the resale value of the eligible home under the latest of the following to happen—

(a)the agreement by the parties of the resale value of the eligible home under section 62J(1), 62K(2) or 62L(2);

(b)the valuation of the resale value of the eligible home by a registered valuer appointed under section 62J(2), 62K(3), 62L(3) or 62M(5).

Note—

See division 8 in relation to how a valuer appointed under this division is to conduct a valuation of the resale value of the eligible home.

62J   Requirement to agree resale value or appoint registered valuer—initial requirements

(1)The parties must, within 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.

(2)However, if the parties can not agree on the resale value of the eligible home within the period mentioned in subsection (1), the parties must, within a further 7 days, jointly appoint a registered valuer to value the resale value of the eligible home.

(3)Subsection (2) applies subject to section 62M.

62K   Requirement to agree resale value or appoint registered valuer—requirements after 6 months

(1)This section applies if, within 6 months after the start of the buyback period—

(a)the park owner has not entered into a buyback agreement for the eligible home; and

(b)the eligible home has not otherwise been sold to another person.

(2)The parties must, within 6 months and 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.

(b)the increase has not been set aside by an order of the tribunal; and

(c)the site rent has not been increased under part 11, division 2.

(2)The park owner under the site agreement must not increase the site rent under part 11, division 2 on any basis provided for in the site agreement within 1 year after the day the site rent was last increased under pre-amended section 69.

(3)Section 69(3) applies as if the reference in that provision to sections 69A to 69E included a reference to this section.

183   Notice of increase in site rent under pre-amended section 71

(1)This section applies if, within the 2 months before the commencement—

(a)the park owner for a residential park gave a home owner a notice proposing an increase in site rent under pre-amended section 71(3); and

(b)either—

(i)the home owner gave the park owner a response under pre-amended section 71(5) indicating the home owner did not agree to the proposed increase; or

(ii)the home owner did not give the park owner a response under pre-amended section 71(5); and

(c)the park owner did not apply to the tribunal under pre-amended section 71(8) for an order about the increase.

(2)On the commencement, pre-amended sections 70(3)(d) to (l) and 71 continue to apply in relation to the proposed increase in the site rent as if the amending Act had not been enacted.

184   Utility cost notice under pre-amended section 73

(1)This section applies if, within the 28 days before the commencement—

(a)the park owner for a residential park gave a home owner a utility cost notice about a utility cost under pre-amended section 73(2); and

(b)the home owner disputed the utility cost stated in the notice; and

(c)the home owner did not apply to the tribunal under pre-amended section 74(3) for an order about reducing the site rent.

(2)On the commencement, pre-amended sections 73 and 74 continue to apply in relation to the utility cost and reducing the site rent as if the amending Act had not been enacted.

185   Application to tribunal about proposal under pre-amended section 82

(1)This section applies if, within the 7 days before the commencement—

(a)either—

(i)an objector had been given a non-resolution notice under pre-amended section 80(6) in relation to a proposal; or

(ii)a home owner or park owner had under pre-amended section 81(3) been given notice of a decision of a park liaison committee under section 81(1) or (2) in relation to a proposal and was dissatisfied with the decision; and

(b)the objector, home owner or park owner did not apply to the tribunal under pre-amended section 82(2) and (3) for an order declaring the proposal to be reasonable or unreasonable.

(2)On the commencement, pre-amended sections 82 and 84 continue to apply in relation to the proposal as if the amending Act had not been enacted.

Division 5 Transitional provisions for Manufactured Homes (Residential Parks) Amendment Act 2024

Subdivision 1 Preliminary

186   Definitions for division

In this division—

former, for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.

new, for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.

variation order see section 194(3).

Subdivision 2 Provisions for amendments commencing on assent

187   Existing applications for termination orders

(1)This section applies if—

(a)before the commencement, an application was made under former section 38 for a termination order; and

(b)immediately before the commencement, the application had not been decided by the tribunal.

(2)New part 6, division 3 applies in relation to the application as if—

(a)for an application made on a ground mentioned in former section 38(1)(a) to (e)—the application had been made under new section 38; or

(b)for an application made on the ground mentioned in former section 38(1)(f)—the application had been made under new section 39.

(3)Without limiting subsection (2), the subsection applies—

(a)for the purpose of deciding the application; and

(b)for the purpose of making a compensation order under new section 39C if a termination order is made on the application.

188   Application of buyback and rent reduction scheme to manufactured home for sale before commencement

(1)This section applies if—

(a)before the commencement, the home owner of a manufactured home appointed the park owner under a selling authority for the manufactured home; and

(b)immediately before the commencement, the selling authority was still in effect; and

(c)on the commencement, the manufactured home is an eligible home and the home owner is an eligible home owner under part 9A.

(2)Section 62P applies in relation to the eligible home as if—

(a)section 62P(1) did not include section 62P(1)(a); and

(b)section 62P(1)(c) provided that the eligible home owner, if requested by the park owner, has appointed the park owner as the sole agent under a selling authority for the eligible home; and

(c)section 62P(3) provided that the opt in notice may be given to the park owner not earlier than 6 months after the commencement.

189   Application of s 69AA to site agreements entered into before commencement

Section 69AA applies in relation to a site agreement whether entered into before or after the commencement.

190   Application of s 69F to site agreements entered into before commencement

Except as provided under section 191, section 69F applies in relation to a site agreement whether entered into before or after the commencement.

191   Market review of site rent started before commencement

(1)This section applies if—

(a)before the commencement, a general increase notice was given to a home owner; and

(b)the general increase notice was accompanied by a market valuation for the market review of site rent; and

(c)the general increase day stated in the general increase notice is a day after the commencement.

(2)This Act, as in force immediately before the commencement, continues to apply for the purpose of working out the increase in site rent payable from the next general increase day.

(3)However—

(a)the amount by which the site rent is increased under this section must not exceed the percentage increase in site rent permitted under section 69B(2); and

(b)section 69B(3) applies to an increase in site rent under this section.

192   Increasing site rent—using alternative basis to market review

(1)This section applies if a site agreement that was in force immediately before the commencement provided for—

(a)a market review of site rent as a basis for increasing the site rent; and

(b)1 or more other bases for increasing the site rent (each an alternative basis).

Example of a site agreement providing for more than 1 basis for increasing site rent—

a site agreement providing for a triennial market review of site rent and a 3% increase for the intervening years

(2)Despite the terms of the site agreement, the park owner may use an alternative basis for increasing the site rent for any period for which a market review of site rent would, but for section 69F, have been the basis for increasing the site rent.

193   Increasing site rent—no alternative basis to market review

(1)This section applies if a site agreement that was in force immediately before the commencement provided for a market review of site rent as the only basis for increasing the site rent.

(2)The park owner may, as the basis for working out the amount of the increase in the site rent, multiply the site rent by the CPI increase.

(2A)The park owner may increase the site rent using the basis provided under subsection (2) once each year, but not within 1 year after the day the site rent was last increased under this section or, for the first increase under this section, the site agreement.

(2B)Subsection (2A) applies despite any term of the site agreement providing for the intervals at which the site rent may be increased.

(3)In this section—

CPI increase see section 69B(7).

194   Application to tribunal to vary site agreements providing for market review

(1)This section applies if—

(a)a site agreement that was in force immediately before the commencement provided for a market review of site rent as a basis for increasing site rent payable under the site agreement; and

(b)the park owner considers that, because of section 69F, the operation of the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.

(2)However, this section does not apply if—

(a)the site agreement provides for 1 or more alternative bases for increasing the site rent; and

(b)the alternative basis, or 1 of the alternative bases, provides for the increase in the site rent by reference to a CPI number.

(3)The park owner may apply to the tribunal, within 2 years after the commencement, for an order to vary the site agreement to provide for another basis for increasing the site rent (a variation order).

(4)The application—

(a)must state the terms of the variation order sought by the park owner, which must be a basis the park owner considers provides for a fair and reasonable increase in the site rent in the residential park; and

(b)may relate to 1 or more site agreements for the residential park.

(5)In this section—

alternative basis see section 192(1)(b).

195   Tribunal may appoint independent expert for application for variation order

(1)The tribunal may appoint an appropriately qualified and independent expert to assist the tribunal in relation to an application for a variation order.

(2)If the tribunal appoints an expert under subsection (1), the park owner must pay the expert’s costs of assisting the tribunal, including—

(a)the costs of preparing any advice or reports, if required, for a proceeding; and

(b)the fees and allowances for giving evidence, if required, in a proceeding.

(3)However, subsection (2) applies only if, before appointing the expert, the tribunal—

(a)informs the park owner of the amount the park owner is likely to be required to pay under subsection (2); and

(b)gives the park owner the opportunity to be heard on the matter of appointing the expert.

196   Making of variation order by tribunal

(1)The tribunal may make a variation order in relation to a site agreement only if satisfied that—

(a)because of section 69F, a term of the site agreement providing for market review of site rent is of no effect; and

(b)if a variation order were not made, the operation of the residential park would not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.

(2)In deciding the application, the tribunal may have regard to the following matters—

(a)the expenses and financial circumstances of operating the residential park;

(b)the communal facilities, services and amenities included in the site rent for the residential park;

(c)the frequency, and amount, of past increases in the site rent payable under the site agreement;

(d)how the site rent would differ from past increases in the site rent if a variation order were not made;

(e)whether, if a variation order were not made, the park owner would be likely to meet the park owner’s obligations under the Act while obtaining a reasonable profit;

(f)the bases for working out the amount of an increase in site rent for other sites in the residential park, or common bases used in comparable residential parks;

(g)how the site rent payable under site agreements for sites in the residential park and the bases for working out the site rent in the residential park compare to similar residential parks;

(h)any written advice, reports or evidence of an expert appointed under section 195;

(i)any submissions received from interested parties, including the home owners committee for the residential park or home owners residing in manufactured homes positioned on sites in the residential park;

(j)anything else the tribunal considers relevant.

Subdivision 3 Provision for amendments commencing 6 months after assent

197   Changes to way site rent to be paid

(1)This section applies in relation to a site agreement that was in force immediately before the commencement if, on the commencement, the site agreement does not provide—

(a)at least 3 approved ways for the home owner to pay site rent under the site agreement; or

(b)at least 1 way for the home owner to pay site rent under the site agreement that does not incur an additional cost to the home owner.

(2)The park owner must, within 12 months after the commencement, give the home owner a notice that—

(a)nominates at least 3 approved ways (each a nominated way) for the payment of site rent under the site agreement, at least 1 of which is a way that does not incur an additional cost to the home owner; and

(b)states that the home owner may choose to change the existing way the site rent is paid under the site agreement to a nominated way by giving notice to the park owner.

Maximum penalty—100 penalty units.

(3)The home owner may—

(a)by notice given to the park owner, change the existing way the site rent is paid under the site agreement to 1 of the nominated ways; or

(b)continue to pay the site rent in the existing way.

(4)For sections 63A and 63B—

(a)a nominated way under this section is taken to be a way nominated in the site agreement for the payment of site rent under the site agreement; and

(b)if the home owner continues to pay the site rent in the existing way—the existing way of paying the site rent is also taken to be a nominated way under the site agreement.

(5)In this section—

additional cost, to a home owner, see section 63A(3).

Subdivision 4 Provisions for amendments commencing by proclamation

198   Particular residential parks taken to be registered

(1)This section applies in relation to a residential park if, immediately before the commencement, the chief executive kept a record for the residential park under former section 139A.

(2)From the commencement—

(a)the residential park is taken to have been registered by the chief executive under section 18B; and

(b)the record kept for the residential park under former section 139A is taken to be information about the residential park included in the residential park register under section 18C.

(3)The chief executive may, by notice given to the park owner for the residential park, require the park owner, within a stated period of at least 30 days after the notice is given, to give the chief executive information mentioned in section 18C(2) for the residential park.

(4)The park owner must comply with the requirement unless the park owner has a reasonable excuse.

Maximum penalty—100 penalty units.

203    Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision about a matter for which—

(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation of this Act as in force from the commencement; and

(b)this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This section and any transitional regulation expire on the day that is 2 years after the day this section commences.

(5)In this section—

amendment Act means the Manufactured Homes (Residential Parks) Amendment Act 2024.

Schedule 1 Disclosure documents for a site

sections 29(2)(a) and (b)(i) and 45A(1)

Part 1    Initial disclosure documents

1a document stating—

(a)the amount of site rent that is, or is to be, payable for the site; and

(b)the amount of site rent that has been payable for the site in the last 3 years, including the amount of any increase and the date the increase took effect; and

(c)the next general increase day for site rent for the site; and

(d)other information (if any) prescribed by regulation that is relevant for a prospective home owner entering into a site agreement or a seller assigning the seller’s interest in a site agreement to a buyer

2the park rules for the residential park in which the site is located

3a proposal (if any) for a change in the park rules not finally dealt with under part 13, division 2

Part 2    Other documents for prospective home owners or buyers

4a document in the approved form providing for the following information—

(a)the address and real property description of the residential park in which the site is located;

(b)the park owner’s name and business address;

(c)the park manager’s name and business address;

(d)details of the communal facilities;

(e)details of any authority, however described, issued under a law of the State necessary for the operation of the park;

(f)the rights of a home owner to terminate a site agreement within the cooling-off period under section 33;

(g)the rights of a buyer to terminate an assignment agreement within the cooling-off period under section 51A;

(h)the basic responsibilities of park owners and home owners mentioned in part 3, including the obligations under part 16;

(i)how site rent may be varied under part 11;

(j)how a residential park dispute may be resolved under part 17;

(k)how a home owner’s interest in a site agreement may be assigned under part 7;

(l)the rights of a park owner or home owner to terminate a site agreement under part 6, division 3;

(m)a recommendation that a person seek independent legal advice before—

(i)entering into a site agreement; or

(ii)agreeing to an assignment of a home owner’s interest in a site agreement to the person

Part 3    Other documents for buyers

5for a proposed assignment of the seller’s interest in a site agreement for the site—a copy of the site agreement

Schedule 2 Dictionary

section 6

affected person, in relation to a decision, for part 17A, see section 118.

amending Act, for part 21, division 3, see section 156.

approved form means a form approved by the chief executive under section 144.

approved way see section 63.

assent, for part 21, division 3, see section 156.

assignment agreement see section 44(1).

basis, for increasing site rent payable under a site agreement, means the basis for working out the amount of the increase in the site rent as stated in the site agreement.

buyback agreement, for an eligible home, for part 9A, see section 62D.

buyback amount, for an eligible home, for part 9A, see section 62I.

buyback and rent reduction scheme, for part 9A, see section 62A.

buyback period, in relation to an eligible home, for part 9A, see section 62E.

buyer see section 42(a).

caravan see the Residential Tenancies and Rooming Accommodation Act 2008, section 7.

change, a park rule for a residential park, means—

(a)make a new park rule for the park; or

(b)amend, revoke or replace an existing park rule for the park.

change event day see section 73(3).

commencement, for part 21, division 2, see section 148.

commencement, for part 21, division 3, see section 156.

common areas means—

(a)generally—the parts of a residential park, other than a home owner’s site in the park, that the home owner may use under a site agreement; and

(b)in a provision about a residential park—the park’s common areas.

communal facilities, in a provision about a residential park, means the park’s communal facilities.

comparison document, for a residential park, see section 18H.

compensation order, for part 6, division 3, see section 39C(2).

converted caravan see section 10A.

convicted, for part 9A, see section 62B.

CPI means Consumer Price Index: All Groups Index Numbers—Weighted Average of Eight Capital Cities published by the Australian Bureau of Statistics.

default notice period—

(a)for giving the initial disclosure documents—see section 29(2)(a); or

(b)for giving the supplementary disclosure documents—see section 29(2)(b); or

(c)for giving the disclosure documents under part 7, division 2—see section 48A(a).

destroy includes threaten to destroy, procure someone else to destroy and attempt to destroy.

director ...

disclosure documents means—

(a)for a site for which a prospective home owner proposes to enter into, or has entered into, a site agreement—the documents mentioned in schedule 1, parts 1 and 2 and 2 copies of a proposed site agreement for the site; or

(b)for a site for which a seller proposes to assign, or has assigned, the seller’s interest in a site agreement—the documents mentioned in schedule 1 for the site.

dispute negotiation notice see section 107(1).

eligible home, for part 9A, see section 62C.

eligible home owner, for part 9A, see section 62B.

eligible site see section 69C(2).

emergency plan means an emergency plan prepared under section 86A.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation or the person’s position is given the name of executive officer.

facilities includes furniture and equipment.

facsimile warrant ...

fee, for part 9, division 2, see section 59.

form of assignment see section 47(1).

FTI Act see section 4A(1).

fund see section 54(3).

general increase day see section 69C(1).

general increase notice see section 69E(1).

guest, of a home owner, means a person who enters the home owner’s site in a residential park, or the park’s common areas, with the home owner’s consent.

hinder includes interfere with.

home owner—

(a)generally—see section 8; and

(b)in a provision about a residential park—means a home owner for the park; and

(c)in a provision about a site agreement—means the home owner under the agreement.

home owners committee means a home owners committee established under section 100.

home owners information document ...

information, for part 4, see section 18.

information notice, for an original decision, see section 118.

initial disclosure documents, for a site, see section 29(2)(a).

inspector ...

internal review, of an original decision, for part 17A, see section 118.

internal review decision, for part 17A, see section 118.

manufactured home see section 10.

market review of site rent means a review of site rent the outcome of which is decided by comparing the site rent with 1 or both of the following—

(a)the site rent payable for a site in 1 or more residential parks; or

(b)the rent payable for other residential accommodation.

market valuation ...

mediation means mediation under part 17, division 1, subdivision 3.

mediation agreement see section 112(2).

mediation conference see section 108(3)(b)(ii).

mediator means a person who is—

(a)accredited as a mediator under the Dispute Resolution Centres Act 1990, section 27AB; or

(b)approved as a mediator under the Queensland Civil and Administrative Tribunal Act 2009, section 79(1)(e); or

(c)approved as a mediator under the Uniform Civil Procedure Rules 1999; or

(d)approved as a mediator by the Bar Association of Queensland or the Queensland Law Society Incorporated.

mortgagee in possession ...

nominated way see section 63A(1)(a).

non-resolution notice, for a change in a park rule for a residential park, see section 80(6).

notice means written notice.

notice of intention to sell, for part 9A, see section 62N(2).

objection closing day, for a change in a park rule for a residential park, see section 78(1)(a).

objectors, for a change in a park rule for a residential park, see section 80(2).

operational cost see section 71(1)(b)(i).

opt in notice, for part 9A, see section 62P(2).

original decision, for part 17A, see section 118.

park liaison committee, for a change in a park rule for a residential park, see section 80(2).

park manager means—

(a)generally—a person appointed as the park manager for a residential park under section 75(1); and

(b)in a provision about a residential park—the park manager for the park.

park owner—

(a)generally—see section 11; and

(b)in a provision about a residential park—means the park owner for the park; and

(c)in a provision about a site agreement—means the park owner under the agreement.

park rules means—

(a)generally—the rules in force for a residential park under part 13; and

(b)in a provision about a residential park—the park rules for the park.

personal effects includes furniture and goods, but does not include a home owner’s manufactured home.

prohibited agreement, in relation to a site agreement, means any of the following agreements, or terms of an agreement, between a park owner and a home owner if the agreement is entered into before or on the same day as the park owner and the home owner enter into the site agreement—

(a)a term of the site agreement to terminate the site agreement;

(b)another agreement, or a term of another agreement, to terminate the site agreement;

(c)a term of the site agreement requiring the home owner to enter into an agreement with the park owner at some later time to terminate the site agreement.

proposal, for a change in a park rule for a residential park, see section 78(1)(a).

proposal decision see section 81(4).

prospective home owner, for a site in a residential park, means a person who indicates to the park owner a willingness to enter into a site agreement for the site.

QCAT information notice, for part 17A, see section 118.

Queensland Ambulance Service means the Queensland Ambulance Service under the Ambulance Service Act 1991.

Queensland Fire and Emergency Service ...

Queensland Fire and Rescue means Queensland Fire and Rescue under the Fire Services Act 1990.

reasonably believes means believes on grounds that are reasonable in the circumstances.

registered, in relation to a residential park, for part 4, see section 18.

registered valuer means a valuer registered under the Valuers Registration Act 1992.

registrar means the principal registrar under the Queensland Civil and Administrative Tribunal Act 2009.

relevant agreement, for part 21, division 2, see section 148.

repair cost see section 71(1)(b)(ii).

repealed Act, for part 21, division 2, see section 148.

residential park—

(a)generally—see section 12; and

(b)in a provision about a site agreement—means the residential park of which the site the subject of the agreement is a part.

residential park dispute see section 14A.

residential park register, for part 4, see section 18C(1).

restrict includes hinder, prevent, obstruct and attempt to restrict.

sale agreement, for part 7, division 4, see section 51B.

sale order see section 52(6)(a).

scheme, for part 9A, see section 62B.

security interest, in a manufactured home, means a security interest registered for the home under the Personal Property Securities Act 2009 (Cwlth).

sell, a manufactured home, includes—

(a)attempt to sell the home; and

(b)dispose of the home other than by sale.

Example for paragraph (b)—

a gift of the home

seller see section 42.

seller services, for part 9A, see section 62O(a).

seller’s interest see section 42(b).

selling authority see section 60.

site—

(a)generally—see section 13; and

(b)in a provision about a residential park—means a site in the park; and

(c)in a provision about a site agreement—means the site the subject of the agreement.

site agreement—

(a)generally—see section 14; and

(b)in a provision about a residential park—means a site agreement for a site in the park.

site agreement dispute ...

site rent means the rent payable under a site agreement.

site rent payment record see section 65(5)(a).

small claims tribunal, for part 21, division 2, see section 148.

sold, for part 9A, see section 62F.

special cost see section 71(1)(b).

special increase notice see section 71A(1).

special resolution, at a meeting of the home owners for a residential park, means a resolution passed—

(a)at the meeting of which the home owners are given by a home owner at least 21 days notice stating the intention to propose the resolution as a special resolution; and

(b)by a majority of at least three-quarters of the home owners voting personally at the meeting or by postal ballot.

special terms see section 21.

standard terms see section 20.

stated purpose see section 71A(1)(a).

supplementary disclosure documents, for a site, see section 29(2)(b).

tenant, of a home owner, means a person renting the home owner’s site in a residential park from the home owner under section 97.

termination day, for part 6, division 3, see section 39A(1).

termination order, for part 6, division 3, see sections 38(1) and 39(3).

termination payment see section 52(6)(b).

tribunal means QCAT.

unregistered residential park, for part 4, see section 18.

upgrade cost see section 71(1)(b)(iii).

utility means any of the following services—

(a)electricity;

(b)gas;

(c)sewerage;

(d)water;

(e)another service prescribed under a regulation.

utility cost means a cost, for a utility supplied to or used at a site in a residential park, that the park owner incorporates into the site rent payable under a site agreement for the site, whether or not the cost is separately identified in the agreement.

utility cost notice see section 73(2).

warrant form ...