Rental Bond Act 1989 (Qld)

RENTAL BOND ACT No. 19 of 1989 ANALYSIS OF CONTENTS PART I-PRELIMINARY 1. Short Title 2. Commencement 3. Arrangement 4. Interpretation 5. Act not applicable to holiday premises 6. Act's application in declared areas 181 PART II-RENTAL BOND AUTHORITY 7. Constitution of Authority 8. Authority is a corporate person 9. Term of appointment 10. Disqualification for membership 11. Casual vacancies 12. Remuneration of members 13. Proceedings of Authority 14. Validity of Authority ' s determinations 15. Authority subject to Minister ' s control 16. Employees of Authority 17. Annual report 18. Protection from liability PART III-RENTAL BONDS AND THEIR DEPOSIT WITH RENTAL BOND AUTHORITY 19. Duty to deposit bond 20. Extension of time 21. Rental bond paid by instalments 22. No entitlement to interest 23. Authority may provide rental bond PART IV-PAYMENT OUT OF RENTAL BONDS 24. Authority ' s authority to pay out rental bond 25. Application for payment out 26. Automatic payment out 27. When payment out is not automatic 28. Clearance of indebtedness to Authority or other person 29. Time of making and withdrawing applications 30. Manner of payment 31. Prohibition of claims 32. Application of Part PART V-ENFORCEMENT PROVISIONS 33. Multiple rental bonds prohibited 34. Receipt to be given 35. Receipt to be retained 36. Condition of premises 37. Evidentiary provision concerning condition of premises 38. Contracting out restricted 39. Proof re deposit of rental bond 40. Penalty and proceedings 41. Offences by corporations

182 PART VI-ACCOUNTS AND INVESTMENT PROVISIONS 42. Accounts to be established 43. Rental bond account 44. Rental bond interest account 45. Authority to apply rental bond interest 46. Annual financial statements PART VII-GENERAL PROVISIONS 47. Deemed rental bonds 48. Rent paid in advance 49. Tenant ' s name etc. 50. Landlord ' s or agent ' s name etc. 51. Increase in rental bond 52. False or misleading statements 53. Service 54. Authority ' s agents 55. Authentication of documents 56. Regulations PART VIII-AMENDMENTS 57. Amendment of Auctioneers and Agents Act 58. Amendment of SmallClaims Tribunals Act

183 aauuslanb ANNO TRICESIMO OCTAVO EL,IZA ETAE SEC AE R EGINAE No. 19 c An Act to constitute a Rental Bond Authority and to confer and impose on the Authority functions , powers and duties for the regulation of the lodgment and disposal of rental bonds and f o r related purposes [ ASSENTED TO 6TH APRIL, 1989]

184 Rental Bond Act 1989, No. 19 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title. This Act may be cited as the Rental Bond Act 1989. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act, or such of them as are specified in the Proclamation, shall commence on a day or days appointed by Proclamation. 3. Arra ngement . This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-6); PART II-RENTAL BOND AUTHORITY (ss. 7-18); PART III-DEPOSIT OF RENTAL BONDS WITH AUTHORITY (ss. 19-23); PART IV-PAYMENT OUT OF RENTAL BONDS (ss. 24-32); PART V-ENFORCEMENT PROVISIONS (ss. 33-41); PART VI-ACCOUNTS AND INVESTMENT PROVISIONS (ss. 42-46); PART VII-GENERAL PROVISIONS (ss. 47-56); PART VIII-AMENDMENTS (ss. 57-58). 4. Interpretation . (1) In this Act, except where a contrary intention appears "Authority" means the Rental Bond Authority constituted under this Act; "declared area" means a part of the State declared under this Act to be a declared area; "functions" includes responsibilities, powers, authorities, and duties; "landlord" means a person by whom or on whose behalf a right to occupy premises under a residential tenancy agreement is granted or deemed to be granted and includes- (a) in relation to a proposed residential tenancy agreement, a person who is to become the landlord under the agreement when it is entered into; and (b) a landlord's assigns, successors in title and legal personal representative; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister;

Rental Bond Act 1989, No. 19 185 "rental bond" means money paid, before, on, or after the day on which a residential tenancy agreement becomes binding on the parties thereto, to- (a) the landlord; (b) a person other than the landlord in accordance with the landlord's directions or the terms of the agreement; or (c) a person other than the landlord acting on behalf of the landlord, for the purpose of securing (otherwise than by payment of rent in advance) the landlord against failure by the tenant to comply with any term of the agreement and includes- (d) money paid directly to the Authority on behalf of a tenant for that purpose; and (e) money paid to or on account of a landlord by a person as premium or, key-money or otherwise to secure acceptance of the person as tenant and not as payment for a facility or service; "residential premises" means a dwelling house, demountable building, caravan, or other premises, in any such case used or proposed to be used for residential purposes, exclusively or in conjunction with any other use, but does not include- (a) any hotel or motel; (b) any retirement village; or (c) any premises, or premises of a class of premises, declared by Order in Council not to be residential premises for the purposes of this Act; "residential tenancy agreement" means an agreement, express or implied, under which a person is granted for valuable consideration a right to occupy, exclusively or otherwise, residential premises for the purpose of residence; "retirement village" means a retirement village within the meaning of the Retirement Villages Act 1988; "tenant" means the grantee of a right of occupancy under a residential tenancy agreement and includes- (a) in relation to a proposed residential tenancy agreement, a person who is to become the tenant under the agreement when it is entered into; and (b) a tenant' s assigns , successors in title and legal personal representative; (2) Money paid to a person referred to in paragraph (b) or (c) of the definition "rental bond" in subsection (1) shall be deemed for the purposes of this Act to have been paid to and received by the landlord. 7

186 Rental Bond Act 1989, No. 19 (3) Where- (a) a rental bond is paid in respect of premises for the purposes of a proposed residential tenancy agreement; and (b) the person by or on whose behalf the rental bond is paid subsequently becomes a tenant of those premises under a residential tenancy agreement, it shall be deemed for the purposes of this Act that the rental bond was paid for the purposes of the residential tenancy agreement referred to in paragraph (b), notwithstanding that the terms of that agreement may differ from the terms proposed for the residential tenancy agreement referred to in paragraph (a). (4) The question whether money paid in connexion with a residential tenancy agreement constitutes a rental bond shall in every case be determined by reference to the nature of the payment, and the name by which the payment is described shall not be determinative of the question. 5. Act not applicable to holiday premises . (1) This Act does not apply in relation to a residential tenancy agreement under which a right of occupancy of residential premises is granted to a person for the purpose of their use for holidays. (2) For the purposes of subsection (1), a right of occupancy of residential premises granted under a residential tenancy agreement for a period of six weeks or longer shall be deemed, in the absence of proof to the contrary, not to have been granted for the purpose of use of the premises for holidays. 6. Act' s application in declared areas. (1) The Governor in Council may, by Order in Council, declare any part or parts of the State specified in the order to be a declared area or declared areas for the purposes of this Act and may by such order exclude from the -application of this Act or provisions of this Act as specified therein residential premises situated in the declared area or areas. (2) For as long as an order made under subsection (1) remains in force this Act or, as the case may be, the provisions of this Act specified in the order shall not apply in relation to residential tenancy agreements in respect of residential premises situated in the declared area or areas specified in the order. PART II-RENTAL BOND AUTHORITY 7. Constitution of Authority . (1) There shall be constituted and maintained an Authority under the name and style "Rental Bond Authority". (2) The Authority shall consist of not less than five members appointed by the Governor in Council by notification published in the Gazette.

Rental Bond Act 1989, No. 19 187 (3) Upon each appointment of the whole number of members of the Authority the Governor in Council shall, and at such other times as he thinks fit may, specify one appointee to be chairman of the Authority and the person so specified shall be chairman until another person becomes chairman in accordance with this Act. 8. Authority is a corporate person . (1) The Authority shall be duly constituted upon the first appointment of the whole number of its members. (2) The Authority shall be a body corporate with the functions conferred or imposed on it by this Act. (3) The Authority shall have a common seal, which shall be in the custody of the chairman or other person authorized by him in writing in that behalf. (4) The Authority represents the Crown in right of the State and has the rights, privileges and immunities of the Crown. 9. Term of appointment . (1) A person shall hold office as a member of the Authority for the term specified in the instrument of appointment, not exceeding in any case three years , unless he sooner vacates the office or ceases to be qualified to be a member of the Authority. (2) A member of the Authority is eligible for re-appointment to the Authority, if he remains qualified to be a member of the Authority. 10. Disqualification for membership . (1) A person is not qualified to be appointed or to continue as a member of the Authority if- (a) he has attained the age of 65 years; (b) he is an undischarged bankrupt or is taking advantage of the laws relating to bankruptcy; (c) he has been convicted in Queensland of an indictable offence (whether upon indictment or by summary proceedings) or elsewhere in respect of an act or omission such that, had it occurred in Queensland, it would have constituted an indictable offence; (d) he is a patient within the meaning of the Mental Health Services Act 1974-1987; or (e) he is unfit, in the opinion of the Governor in Council, to be a member of the Authority. (2) An act purporting to be the appointment as a member of the Authority of a person who is not qualified to be a member is void.

188 Rental Bond Act 1989, No. 19 11. Casual vacancies . (1) A vacancy occurs in the office of a member of the Authority upon expiry of the term for which the member was appointed or if the member (a) dies; (b) resigns his office in writing signed by him and given to the Minister; (c) is absent from four consecutive ordinary meetings of the Authority actually held , of which seven days ' notice has been given to him, without leave of the Authority or permission of the Minister first had and obtained; or (d) ceases to be qualified to continue as a member of the Authority. (2) Where a member of the Authority ceases to be qualified to continue as a member upon the ground specified in paragraph (e) of section 10 (1), the vacancy in his office as a member shall be taken to have occurred when notification of the opinion of the Governor in Council is given by the Minister to the member, either personally or by post addressed to his principal place of business or ordinary place of residence last known to the Minister. (3) A person appointed to fill a vacancy in the office of chairman of the Authority shall thereby be chairman of the Authority unless the Governor in Council appoints another member to be chairman. 12. Remuneration of members . (1) Except as provided by subsection (2), a member of the Authority is entitled to such fees and allowances as may be determined from time to time by the Governor in Council. (2) A member of the Authority who is an officer of the public service of Queensland is not entitled to fees for attendance at meetings of the Authority during his ordinary working hours. (3) A member of the Authority is entitled to be re-imbursed expenses certified by the chairman as having been necessarily incurred by him in discharging his functions as a member. 13. Proceedings of Authority. (1) The Authority shall hold at least one meeting every three months and, subject to that requirement, may hold meetings at such times as it determines. (2) At every meeting of the Authority the chairman shall preside, if he is present, and in his absence another member appointed by those present shall preside. (3) A quorum of the Authority shall be three members and business before the Authority shall not be transacted unless a quorum is then present. (4) Each member of the Authority is entitled to one vote on business before a meeting of the Authority and in the event of an

Rental Bond Act 1989, No. 19 189 equality of votes on any business the chairman (or member presiding at the meeting) is entitled to a second or casting vote. All business before a meeting of the Authority shall be determined by majority vote of the members present at the meeting who vote on that business. (5) The Authority shall cause minutes to be kept of proceedings at its meetings. (6) Except as is prescribed, procedure at a meeting of the Authority shall be as determined by the Authority. 14. Validity of Authority's determinations. A determination of the Authority duly made at a duly constituted meeting of the Authority shall not be invalid or prejudiced by reason of a defect in the appointment of a member or a vacancy in the office of a member. 15. Authority subject to Minister's control. In the discharge of its functions the Authority shall be subject to the direction and control of the Minister, except in relation to the content of any report or recommendation made by it to the Minister. 16. Employees of Authority. (1) With the Minister's approval, the Authority may- (a) appoint and employ such persons as are necessary for the effectual administration of this Act and discharge of the Authority's functions upon such terms and conditions as it thinks fit, subject to any applicable industrial award or industrial agreement within the meaning of the Industrial Conciliation and Arbitration Act 1961-1987; (b) engage for a purpose approved at a meeting of the Authority, upon such terms and conditions as it thinks fit, any person, body or organization of persons or firm that the Authority considers competent to provide services, information or advice to the Authority upon the discharge by it of its functions in respect of that purpose. (2) With the approval of the Governor in Council, the Authority may make use of the services of any officers of oreployees in the public service of Queensland or of the officers or employees of any public authority for the discharge of the Authority's functions, upon such terms and conditions as are arranged between the Authority and the Minister of the Crown responsible for the department of government or, as the case may require, between the Authority and the public authority within which such officers or employees are employed. 17. Annual report. (1) As soon as is practicable after 30 June in each year the Authority shall cause to be prepared and furnished to the Minister a report of its work and activities for the 12 months preceding that date. (2) Within 14 sitting days after he receives the Authority's report the Minister shall table the report in the Legislative Assembly.

190 Rental Bond Act 1989, No. 19 18. Protection from liability . (1) An act or thing done or contract made by the Authority, or by a member of the Authority or other person (in either case acting under the direction of or as a delegate of the Authority) shall not subject a member of the Authority or such other person personally to any action, liability, claim or demand, if the act or thing is done or the contract is made in good faith for the purposes of this Act. (2) Nothing in subsection (1) shall exempt any member of the Authority or other person from liability to be surcharged with the amount of any payment disallowed by the Auditor-General in the accounts of or relating to the Authority, which payment the member or other person authorised or joined in authorising knowing the payment to be unauthorised. PART III-RENTAL BONDS AND THEIR DEPOSIT WITH RENTAL BOND AUTHORITY 19. Duty to deposit bond . (1) Where a rental bond is received by a person as a landlord or as a landlord's agent on or after the date of commencement of this section, that person shall pay the amount of the bond to the Authority within the prescribed period. (2) Subsection (1) shall be complied with notwithstanding any other provision of law, any residential tenancy agreement, or any other contract relating to the rental bond. (3) In subsection (1), the expression "prescribed period" means- (a) in a case to which section 20 is not relevant, 14 days from the day on which the rental bond is received by the person required to comply with subsection (1); (b) in a case to which section 20 is relevant, the extended time applicable to the case in question. 20. Extension of time. (1) The Minister may extend the time within which, in a particular case or a case of a particular class, an amount of rental bond must be deposited with the Authority under section 19. (2) The Minister may revoke or, from time to time vary (by shortening or further extending) an extension of time granted under subsection (1). (3) An extension of time or a variation thereof (a) where it is to relate to a particular case or a number of particular cases, may be effected by notice in writing signed by or on behalf of the Minister and given to the landlord or to the landlord's agent in each case; or (b) where it is to relate to a class of case, may be effected by notification published in the Gazette. 21. Rental bond paid by instalments . Where a rental bond is paid by instalments to a person as a landlord or as a landlord's agent sections

Rental Bond Act 1989, No. 19 191 19 and 20 apply in relation to each instalment paid as if the instalment were the rental bond. 22. No entitlement to interest . No person, other than the Authority, is entitled to any interest that may accrue in respect of an amount of rental bond or any instalment thereof deposited with the Authority. 23. Authority may provide rental bond. (1) Where, on application in writing made to it by a tenant under a proposed residential tenancy agreement, the Authority is satisfied that, without financial assistance, the tenant would not be able to pay all or part of a rental bond to be paid in relation to that agreement the Authority may agree that, when the residential tenancy agreement is entered into, the Authority will, by way of loan to the tenant, appropriate from moneys credited to the rental bond interest account of the Authority a sum not exceeding the amount of rental bond required by the residential tenancy agreement to be paid: (2) If the Authority agrees as permitted by subsection (1), it shall credit to its rental bond account, as the amount of rental bond (or part thereof, as the case may be) deposited with the Authority by the landlord or by his agent under the residential tenancy agreement, the sum so appropriated, and debit its rental bond interest account accordingly. It shall be deemed for all purposes that the sum so appropriated was paid to the landlord (or his agent) by the tenant as a rental bond and was deposited with the Authority by the landlord (or his agent) as an amount of rental bond or part thereof, as the case may be. (3) A loan made by the Authority under this section may be subject to such conditions as the Authority thinks fit, including a condition for repayment of the loan to the Authority, with or without interest. PART IV-PAYMENT OUT OF RENTAL BONDS 24. Authority ' s authority to pay out rental bond . The Authority shall not pay out or be required to pay out an amount of rental bond deposited with it, or any part of that amount, except- (a) in accordance with an application made to it by or on behalf of a landlord or a tenant; or (b) in accordance with an order of a Small Claims Tribunal constituted under the Small Claims Tribunals Act 1973- 1987; or (c) pursuant to authority conferred on it by section 28. 25. Application for payment out. An application to the Authority for payment out of an amount of rental bond deposited with the Authority, or any part of that amount, shall be in or to the effect of the prescribed form.

192 Rental Bond Act 1989, No. 19 26. Automatic payment out . Where application is made to the Authority for payment out of an amount of rental bond deposited with the Authority in relation to a residential tenancy agreement (or of any part of that amount) the Authority shall forthwith make the payment or payments directed by the application if (a) the application is a joint application made by or on behalf of the landlord and the tenant; (b) the application is made by or on behalf of the landlord and directs payment to be made to or on account of the tenant only, or (c) the application is made by or on behalf of the tenant and directs payment to be made to or on account of the landlord only. 27. When payment out is not automatic . (1) Where application to the Authority for payment out of an amount of rental bond deposited with the Authority in relation to a residential tenancy agreement (or of any part of that amount) is made- (a) by or on behalf of the landlord and directs payment to be made to or on account of the landlord or partly in that manner and partly to or on account of the tenant; (b) by the tenant and directs payment to be made to or on account of the tenant or partly in that manner and partly to or on account of the landlord, the Authority shall not make payment as directed to or on account of the landlord, in the case referred to in paragraph (a), or to or on account of the tenant, in the case referred to in paragraph (b), but the Authority shall give notice in writing of the application, and of its particulars, to the tenant, in the case referred to in paragraph (a), or to the landlord or his agent, in the case referred to in paragraph (b). (2) Where, pursuant to subsection (1), the Authority withholds payment of part only of an amount of rental bond from the landlord (or his agent) or the tenant (or his agent), the Authority shall pay the balance of the amount of rental bond to or on account of the tenant or to or on account of the landlord, as the case may be. (3) If a person to whom the Authority gives notice under subsection (1)- (a) does not inform the Authority, in writing, within the prescribed period that he has commenced prescribed proceedings in relation to the amount of rental bond referred to in the notice; or (b) does so inform the Authority, but the prescribed proceedings are discontinued, the Authority shall pay, as directed by the application of which the notice is given, the amount of rental bond specified in the notice of which payment was withheld.

Rental Bond Act 1989, No. 19 193 (4) Where the Authority has received a copy (certified by the tribunal) of an order for the payment of money made by a Small Claims Tribunal in prescribed proceedings and the Authority is satisfied that the claim to which the proceedings related was for repayment of money that is the whole or part of an amount of rental bond deposited with the Authority and then held by it, the Authority shall (a) if it is further satisfied that the order has not been satisfied, make payment of or from the amount of rental bond in or towards satisfaction of the order; or (b) if it is further satisfied that the order has been satisfied otherwise than by the Authority, make payment of, or from the amount of rental bond to the person obliged by the order in the sum that has been paid in satisfaction. (5) Payment by the Authority under subsection (4) in or towards satisfaction of an order shall be deemed to be payment by the person obliged by the order to make payment of money. (6) In this section (a) the expression "prescribed period" (occurring in subsection (3)) means 14 days from the day on which the person referred to in that subsection is given or is to be deemed to have been given, the notice referred to in that subsection or, if some other period is prescribed by the regulations, that period; (b) the expression "prescribed proceedings" (occurring in subsections (3) and (4)) means proceedings taken in a Small Claims Tribunal constituted under the Small ClaimsTribunals Act 1973-1987 upon a claim for repayment of money held by or on behalf of a person to whom or on whose demand the money was paid by way of bond or security in connexion with a tenancy of any premises let to the tenant for the purposes of a dwelling and otherwise than for the purposes of assigning or sub-letting or for the purposes of a trade or business carried on by him. 28. Clearance of indebtedness to Authority or other person. (1) Notwithstanding the provisions of section 26 or 27, where the Authority is required by this Part to make payment out of an amount of rental bond- (a) to a tenant or former tenant of residential premises to whom the Authority has made a loan under section 23; or (b) to a tenant or former tenant of those residential premises whose entitlement to the payment out arises through or under a tenant to whom the Authority has made a loan under section 23, at a time when the tenant to whom the loan was made is indebted to the Authority on account of the loan and the amount of payment out

194 Rental Bond Act 1989, No. 19 required to be made consists wholly or partly of the sum appropriated by way of the loan under section 23 or some part of that sum, the Authority shall first recoup to itself the amount of the indebtedness so far as the sum or that part of the sum extends and shall pay the balance (if any) of that amount to or on account of the tenant or former tenant to whom payment out is required to be made. (2) Notwithstanding the provisions of section 26 or 27, where the Authority is required by this Part to make payment out to or on account of a tenant of an amount of rental bond and it is known to the Authority that the rental bond or part of the rental bond was not provided by the tenant but was paid directly to the Authority by The of ueensland Housing Commission or some other person on behalf a tenant (whether the same tenant, or another through or under whom the tenant's entitlement arises) the Authority shall make the payment out of the amount or, as the case may be, such part to or on account of the Commission or that person, as the case may require. 29. Time of making and withdrawing applications . (1) An application to the Authority for payment out of an amount of rental bond deposited with the Authority in relation to a residential tenancy agreement (or of any part of that amount) may be made- (a) at any time, in the case of an application referred to in section 26; (b) only after termination of the agreement, in the case of an application referred to in section 27 (1). (2) A person who makes such an application to the Authority may withdraw the application at any time before the Authority makes a payment as directed by the application, whereupon it shall be deemed that the application has not been made. 30. Manner of payment . Where the Authority is required by this Part to make a payment to or on account of any person, the Authority may make the payment in accordance with that person's directions. 31. Prohibition of claims. No claim, other than one provided for by this Part, shall lie against the Authority in respect of an amount of rental bond deposited with the Authority. 32. Application of Part. This Part applies notwithstanding any other Act, any rule of law, or any agreement. PART V-ENFORCEMENT PROVISIONS 33. Multiple rental bonds prohibited . (1) A landlord shall not demand or accept more than one rental bond in relation to any residential tenancy agreement. (2) For the purposes of this Act, where the same tenant continuously occupies the same residential premises under a series of residential tenancy agreements made with the same landlord, those agreements shall be deemed to be one residential tenancy agreement.

Rental Bond Act 1989, No. 19 195 34. Receipt to be given . (1) A landlord or his agent who receives money paid as a rental bond shall at the time of his receiving the money prepare and give (or cause to be given) to the person making the payment a receipt for the payment, which receipt complies with subsection (2). (2) A receipt required by subsection (1) shall be signed by the landlord or his agent in person and shall specify- (a) the date on which the rental bond is paid; (b) the name of the tenant by whom or on whose behalf the rental bond is paid; (c) the amount of the rental bond; and (d) the premises in respect of which the rental bond is paid. 35. Receipt to be retained . A landlord or his agent shall keep or cause to be kept a copy of a receipt given under section 34, so that it may readily be produced, for such time as may be prescribed. 36. Condition of premises . (1) Where a landlord requires payment of a rental bond by a tenant, the landlord or his agent shall, not later than the day next after the tenant has taken possession of the premises, give to the tenant three copies of a report in the prescribed form, signed by or on behalf of the landlord, as to the state of repair and general condition of the premises as at that day. (2) A tenant who receives copies of the report referred to in subsection (1) shall, within three days after receiving the copies, return two of the copies to the landlord or his agent, either- (a) signed by or on behalf of the tenant; or (b) bearing an endorsement, signed by or on behalf of the tenant, that indicates whether the tenant agrees or disagrees with the report, as a whole or as to specified parts of it. Where a report is signed by or on behalf of a tenant, without further endorsement, it shall be taken that the tenant agrees with all matters stated in the report. (3) Upon receipt from a tenant of two copies of the report referred to in subsections (1) and (2), the person who has received the copies shall forthwith give one of the copies to the Authority. (4) A person shall not be liable to be prosecuted upon a charge of an offence against this Act for a failure to comply with a provision of this section. 37. Evidentiary provision concerning condition of premises. (1) Subject to subsection (4), where the provisions of section 36 (1) and (2) have been complied with, a statement in a copy of a report referred to in section 36 other than a statement in respect of which the tenant

196 Rental Bond Act 1989, No. 19 has, by endorsement on the copy, indicated his disagreement as to the state of repair or general condition of premises to which a residential tenancy agreement relates, or of any part of the premises, shall be conclusive evidence thereof as at the day on which the report was given to the tenant. (2) Subject to subsection (4), where the provisions of section 36 (1) have been complied with and the provisions of section 36 (2) have not been complied with, a statement in a copy of a report referred to in section 36 as to the state of repair or general condition of premises to which a residential tenancy agreement relates or of any part of the premises shall be conclusive evidence thereof as at the day on which the report was given to the tenant. (3) Subject to subsection (4), where the provisions of section 36 (1) have not been complied with evidence by a tenant of premises to which a residential tenancy agreement relates as to the state of repair or general condition of the premises or of any part of the premises shall be conclusive evidence thereof as at the day on which the tenant obtained possession of the premises. (4) The provisions of subsection (1), (2) and (3) apply only in and for the purposes of prescribed proceedings. The provisions of subsection (1) do not apply in relation to a lack of repair or condition of premises, or a part thereof, that could not have been discovered upon a reasonable inspection thereof (5) In subsection (4) the expression "prescribed proceedings" has the meaning ascribed to that expression in section 27 (6) (b). 38. Contracting out restricted . (1) Except as permitted by or under this Act- (a) any provision of an agreement or arrangement that is inconsistent with a provision of this Act or that purports to exclude, modify or restrict the operation of this Act or any provisi void; and (b) any putative waiver of a right conferred by or under this Act is void. (2) Except as permitted by or under this Act, a person shall not enter into any agreement or arrangement for the purpose or having the effect of directly or indirectly defeating, evading or preventing the operation of this Act or any provision of this Act. 39. Proof re deposit of rental bond . A certificate purporting to be that of the chairman of the Authority, or of a person authorized by him in that behalf, stating that- (a) no amount of rental bond has been deposited with the Authority;

Rental Bond Act 1989, No. 19 197 or (b) no amount of rental bond is held by the Authority, in relation to a tenancy specified in the certificate of premises specified in the certificate at a time or during a period specified in the certificate shall be in all proceedings evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 40. Penalty and proceedings . (1) A person who contravenes or fails to comply with a provision of this Act, other than of section 36, commits an offence against this Act and, except where another penalty is expressly prescribed, is liable to a penalty of 15 penalty units. (2) Proceedings for an offence against this Act shall be taken in a summary manner under the Justices Act 1886-1988 and may be commenced within one year after the commission of the offence or within six months after commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire. 41. Offences by corporations . (1) If a corporation contravenes or fails to comply with any provision of this Act each person who is a director of the corporation or who is concerned in the management of the corporation shall be deemed to have contravened or failed to comply with the same provision, if that person knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted pursuant to subsection (1), whether or not the corporation has been proceeded against or been convicted in respect of the offence in question. (3) Nothing in this section affects any liability of a corporation for an offence against this Act committed by the corporation. (4) This section does not apply to a person in his capacity as a director of, or a person concerned in the management of, a corporation constituted by or under an Act. PART VI-ACCOUNTS AND INVESTMENT PROVISIONS 42. Accounts to be established . There shall be established and kept by the Authority a rental bond account; a rental bond interest account; and other accounts as required of it by the Auditor-General. 43. Rental bond account. There shall be paid into the rental bond account all amounts of rental bond deposited with the Authority in accordance with section 19. (2) There shall be paid from the rental bond account- (a) all amounts paid out by the Authority under the authority of section 26 or 27;

198 Rental Bond Act 1989, No. 19 and (b) all moneys invested in a manner approved by the Governor in Council for investment of moneys credited to that account. (3) The Authority may invest moneys from time to time credited to its rental bond account in such manner as the Governor in Council approves. 44. Rental bond interest account. (1) There shall be paid into the rental bond interest account all interest received by the Authority on investments made by the Authority. (2) Subject to any specific or general directions given by the Minister, there shall be paid from the rental bond interest account- (a) the costs of, and expenses incurred in, the administration of this Act; (b) all moneys invested in a manner approved by the Governor in Council for investment of moneys credited to that account; (c) all payments authorized by this Act to be made from that account. (3) The Authority may invest moneys from time to time credited to its rental bond interest account in such manner as the Governor in Council approves. 45. Authority to apply rental bond interest . (1) The Authority may apply moneys from its rental bond interest account by way of loan provided for by section 23. (2) The Authority may make payment from its rental bond interest account to a landlord or as he directs to compensate him for damage caused to premises by a tenant or any person in or on the premises under the tenant's authority, subject to the following (a) the payment shall be made in such amount in such circumstances (other than those prescribed by paragraphs (b) and (c)) and subject to such conditions as the Authority may determine, generally or in a particular case; (b) the landlord must have deposited with the Authority an amount of rental bond under section 19 in respect of the tenancy of the premises; and (c) the damage must exceed the amount of rental bond so deposited. (3) The Authority may, in accordance with the Minister's approval first obtained, make payment, by way of grant or loan, from its rental bond interest account for the purposes of- (a) establishing or administering rental advisory services; (b) any scheme approved by the Minister for the provision of residential accommodation;

Rental Bond Act 1989, No. 19 199 or (c) research into or projects concerning matters relevant to improving relationship between landlords and tenants. 46. Annual financial statements . As soon as is practicable after the close of each financial year the Authority shall give to the Minister a copy of the annual financial statements prepared and certified in relation to its accounts in accordance with the Financial Administration andAudit Act 1977-1988. PART VII-GENERAL PROVISIONS 47. Deemed rental bonds . Where during the period of six months after the day on which a tenancy under a residential tenancy agreement commenced the rate of rent payable under the agreement decreases or is decreased, the amount paid in excess of the lower or, as the case may be, lowest rate of rent payable under the agreement during that period shall be deemed to be paid as rental bond. 48. Rent paid in advance . (1) Notwithstanding the terms and conditions of a residential tenancy agreement, rent paid in advance or money claimed by the payer to be rent paid in advance under the agreement- (a) shall not be appropriated by the landlord to any purpose other than the payment of rent; and (b) shall (unless it is returned immediately to the payer) be applied by the landlord in respect of the first period after the date of payment of that rent or money for which rent has not already been paid. (2) Notwithstanding the terms and conditions of a residential tenancy agreement, where a tenant has paid an amount of rent in advance in accordance with the agreement, the landlord or his agent shall not require the tenant to pay further rent in advance except at or immediately before the expiry of the period for which the first-mentioned amount was paid. 49. Tenant ' s name etc . (1) A tenant shall not falsely state to the landlord or to the landlord' s agent his name or place of employment. (2) When requested in writing by the landlord or by the landlord's agent, a tenant shall, at the time of delivering up possession of the premises to which the agreement relates, notify the landlord or the landlord's agent of- (a) the address at which the tenant intends next to reside; or (b) the tenant's postal address, unless the tenant has a lawful, reasonable and sufficient reason for not doing so.

200 Rental Bond Act 1989, No. 19 50. Landlord' s or agent ' s name etc . (1) On a day not later than the day on which a tenant enters into possession of premises under a residential tenancy agreement, the landlord or the landlord's agent shall notify the tenant in writing of- (a) the landlord's full name and address for service of process; or (b) if the landlord's agent is authorized to stand in the stead of the landlord in prescribed proceedings, the agent's full name and address for service of process. (2) Whenever the particulars notified to a tenant pursuant to subsection (1) become incorrect or inaccurate, the landlord or his agent shall, within 14 days thereafter, notify the tenant in writing of the correct or, as the case may be, accurate particulars. (3) Where the name and address of a landlord's agent are the particulars notified to a tenant pursuant to subsection (1) or (2), then for the purposes of prescribed proceedings to which the landlord may be liable the agent shall stand in the stead of the landlord to the intent that the proceedings may be brought against the agent and a Small Claims Tribunal may make its order against the agent, and a settlement may be made with the agent, as if he were the landlord. (4) In this section the expression "prescribed proceedings" has the meaning assigned to that expression in section 27 (6). 51. Increase in rental bond . Where the rate of rent payable under a residential tenancy agreement is increased, the amount of the rental bond in respect of the tenancy may be increased, by notice in writing given to the tenant, by the landlord or the landlord's agent, specifying the amount of increase and the day on which it is payable, being a day- (a) not less than 30 days after the day on which the notice is given; and (b) not less than 12 months after the day on which the tenancy commenced or, if the amount of the rental bond has been increased previously, after the day on which it was last increased, but otherwise the amount of the rental bond shall not increase or be increased. 52. False or misleading statements . A person shall not wilfully make a false or misleading statement- (a) in any notification lodged with the deposit of an amount of rental bond with the Authority;

Rental Bond Act 1989, No. 19 201 or (b) in any application made or direction given to the Authority for payment out of an amount of rental bond or of any part of that amount. 53. Service . (1) Any notice or other writing to be given to any person under this Act may be given- (a) by service on him personally; or (b) by post addressed to him at his principal place of business, his ordinary place of residence or employment, or his postal address, in any such case, last known to the person who seeks to give the notice or other writing. (2) Any notice, summons, writ or other proceeding or other writing to be served on or given to the Authority may be served or given- (a) by being left with some person employed in any of the Authority's offices; or (b) in the case of a notice or other writing, by post addressed to the Authority at any of its offices. 54. Authority' s agents. Money received, invested or paid out by an agent of the Authority shall be deemed to have been received, invested or paid out by the Authority, and money received by an agent of the Authority shall be deemed to have been received by the Authority on the day on which it is received by the agent. 55. Authentication of documents. A document requiring authentication by the Authority may be sufficiently authenticated, without the Authority's seal, if signed by the chairman of the Authority or his delegate. 56. Regulations . The Governor in Council may make regulations not inconsistent with this Act providing for- (a) forms to be used for the purposes of this Act and the purposes for which prescribed forms shall be used; (b) fees to be paid for the purposes of this Act, the purposes for which prescribed fees shall be paid, and the means of recovering fees unpaid; (c) functions to be exercised or discharged by the Authority in giving effect to this Act; (d) offences against this Act consisting in breaches of the regulations; and (e) all matters and things that in the, opinion of the Governor in Council are necessary or convenient for the proper

202 Rental Bond Act 1989, No. 19 administration of this Act or to give effect to the provisions of this Act. PART VIII-AMENDMENTS 57. Amendment of Auctioneers and AgentsAct. (1) In this section the Auctioneers and Agents Act 1971-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this section may be cited as the Auctioneers and AgentsAct 1971-1988. (3) A provision of the Principal Act specified in the first column of the following Table is amended as specified in the second column of the Table opposite to that provision- TABLE Provision Amended Amendment s. 5 (1) (Interpretation insert after the definition "Registrar" the following definition:- 141, rental bond interest account"- The account required by the Rental Bond Act 1989 to be kept by the Rental Bond Authority;". 93 (3) (The Auctioneers (a) redesignate paragraph (e) as paragraph (f); aGnudarAangteeenFtsunFdi)delity (bp) ainrasegrrtaapfhte:- r paragraph (d) the following "(e) all moneys that the Governor in Council determines from time to time are to be paid to the rental bond interest account;". 58. Amendment of Small Claims TribunalsAct. (1) In this section the Small Claims Tribunals Act 1973-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this section may be cited as the Small Claims Tribunals Act 1973-1988.

Rental Bond Act 1989, No. 19 203 (3) A provision of the Principal Act specified in the first column of the following Table is amended as specified in the second column of the Table opposite to that provision:- TABLE Provision Amended Amendment s. 4 (Interpretation) in the definition "claimant"- (a) insert in paragraph (a) before the words "in relation to" the words "subject to the following paragraphs"; (b) omit the expression "," at the end of p64a ; 1 r 1 ; agraph (c) and substitute the expression (c) add after paragraph (c) the following paragraph- "(d) in relation to a claim for repayment of money referred to in paragraph (b) of the definition "small claim" , where the bond or security has been paid to the Rental Bond Authority under the Rental Bond Act 1989, the landlord (and the landlord's agent) and the tenant under the relevant tenancy agreement;"; In the definition "small claim"- omit from paragraph (b) the words "of a value not exceeding the prescribed amount" and substitute the words "to an unlimited amount"; s. 16 (Extent of omit from subsection (2) the words "or (c)" jurisdiction) and substitute the words ", (c) or (d)"; 17 (Exclusion of other add after subsection (2) the following jurisdictions) subsection:- "(3) After the commencement of the Rental Bond Act 1989, a claim such as is defined in paragraph (b) of the definition "small claim" in section 4 shall not be cognisable in proceedings in any court or tribunal other than a Small Claims Tribunal.". 18 (Proceedings tribunals final) of (a) omit the words "A settlement" and substitute the words "(1) Subject to subsection (2), a settlement";

204 Rental Bond Act 1989, No. 19 Provision Amended TABLE- continued Amendment 21 (Restriction tribunals orders) (b) add at the end thereof the following subsection:- "(2) Where the making of a settlement or order of a Small Claims Tribunal made in respect of a claim specified in section 17 (3) is relevant to proceedings relating to a cause of action (other than such a claim) brought in a court or tribunal other than a Small Claims Tribunal, an issue estoppel or the principle of res judicata shall not be raised in those proceedings by reason of the settlement or order, or of any agreement on, or finding of, fact expressed by or implicit in the settlement or order.". on (a) designate the provisions thereof as subsection (1); (b) add at the end of the section the following subsection:- "(2) Subsection (1) does not apply to an order upon a small claim that is not restricted by this Act to a prescribed amount.".