Rental Bond Act Amendment and Validation Act 1991 (Qld)

243 RENTAL BOND A C T A MENDMENT V AL ID A TION ACT No. 14 of 1991 ANALYSIS OF CONTENTS PART 1-PRELIMINARY 1.1 Short title and citation PART 2-APPLICATION OF RENTAL BOND ACT AND VALIDATION OF CERTAIN ACTIONS 2.1 Order in Council of no force and effect 2.2 Application of provisions of Rental Bond Act 2.3 Validity of things done 2.4 Savings PART 3-CONFIRMATION OF COMMENCEMENT DATE OF CERTAIN ENACTMENTS 3.1 Confirmation of commencement date PART 4-AMENDMENT OF RENTAL BOND ACT 1989 4.1 Principal Act and citation 4.2 New ss. 6A and 6B 6A. Crown bound 6B. Exemption from operation of Act 4.3 Amendment of s. 13. Proceedings of Authority 4.4 New ss. 16A, 16B and 16C 16A. Office and identification of authorized persons 16B. Entry and search of premises-evidence of offences 16C. General powers of authorized person in relation to premises 4.5 New ss. 16D, 16E and 16F 16D. Warrant to enter premises 16E. Obstruction of authorized persons etc 16F. False or misleading statements 4.6 Amendment of s. 19. Duty to deposit bond 4.7 New s. 23A 23A. Maximum amount of rental bond 4.8 Amendment of s.'36. Condition of premises 4.9 New s. 40A 40A. Order for payment of bond upon conviction 4.10 New s. 56A 56A. Tabling of Orders in Council

244 Queens1anb ANNO QUADRAGESIMO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1991 An Act to validate certain things done by and to clarify the responsibilities of the Rental Bond Authority and others, to clarify the effect of certain subordinate legislation and to amend the Rental Bond Act 1989 in certain particulars [ASSENTED TO 1ST MAY, 1991]

Rental Bond Act Amendment and Validation Act 1991, No. 14 245 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 1-PRELIMINARY 1.1 Short title and citation . This Act may be cited as the Rental Bond Act Amendment and Validation Act 1991. PART 2-APPLICATION OF RENTAL BOND ACT AND VALIDATION OF CERTAIN ACTIONS 2.1 Order in Council of no force and effect . The Order in Council made on twenty-third day of November, 1989 in pursuance of the provisions of the Rental Bond Act 1989 and published in the Queensland Government Gazette on 25 November, 1989 at page 2237 is revoked and it is hereby declared that it is void and has never had force or effect. 2.2 Application of provisions of Rental BondAct. It is hereby declared that the provisions of the Rental Bond Act 1989, in the absence of any future exclusion under section 4, 6 or 6B of that Act, apply to the extent prescribed in those provisions and, on and from the respective dates of commencement of those provisions, always have applied to residential tenancy agreements in respect of residential premises. 2.3 Validity of things done. Any thing done by the Rental Bond Authority or any person, including acceptance, holding or paying out of rental bond monies, prior to the commencement of this Act, which purports to have been done under the authority of the Rental Bond Act1989, despite any defect in the doing thereof or in the manner in which such thing was done or in the procedure involved in the doing of such thing, and which would be authorized by the Rental Bond Act 1989 after the commencement of this Act is taken to have been and to have always been authorized by the Rental Bond Act 1989. 2.4 Savings . Where, as a result of a belief held in good faith by a person as to the effect of the Order in Council referred to in section 2.1, that person, before the commencement of this Act, has failed to pay the amount of a rental bond to the Rental Bond Authority, but that amount is paid to the Rental Bond Authority within 30 days after the commencement of this Act, that person is not liable for an offence against the Rental Bond Act 1989-1991 by reason only of that failure to pay. PART 3-CONFIRMATION OF COMMENCEMENT DATE OF CERTAIN ENACTMENTS 3.1 Confirmation of commencement date. It is hereby confirmed that sections 42 to 46 inclusive of the Rental Bond Act 1989 commenced and are taken to have always commenced on 1 May, 1989.

246 Rental Bond Act Amendment and Validation Act 1991, No. 14 PART 4-AMENDMENT OF RENTAL BOND ACT 1989 4.1 Principal Act and citation . (1) In this Part, the Rental BondAct 1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Rental Bond Act 1989-1991. 4.2 New ss. 6A and 6B. The Principal Act is amended by inserting after section 6 the following sections:- "6A. Crown bound. This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities but the Crown is not liable to a penalty for a contravention of this Act. 6B. Exemption from operation of Act. (1) Any person or class of person may by Order in Council be exempted from the operation of this Act or of the provisions specified in the order, subject to such conditions as may be specified in the order. (2) For so long as the Order in Council remains in force and all conditions (if any) specified in it are complied with, this Act or, as the case may be, the provisions specified in the order do not apply to the person or class of person specified in the order.". 4.3 Amendment of s. 13. Proceedings of Authority . Section 13 of the Principal Act is amended by omitting from subsection (3) the words "three members" and substituting the words "a majority of the members for the time being appointed". 4.4 New ss. 16A, 16B and 16C. The Principal Act is amended by inserting after section 16 the following sections:- "16A. Office and identification of authorized persons . (1) The chairman may appoint a person as an authorized person for the purposes of this Act. (2) The chairman may cause an identity card to be issued to an authorized person. (3) The identity card must- (a) contain a recent photograph of the authorized person; and (b) be in a form approved, in writing, by the Authority. (4) A person who ceases being an authorized person must, as soon as practicable, return his or her identity card to the chairman. 16B. Entry and search of premises - evidence of offences. (1) Subject to subsection (3), an authorized person who has reasonable grounds for suspecting that there is in premises a particular matter or thing (in this section called the "search

Rental Bond Act Amendment and Validation Act 1991, No. 14 247 object") that may afford evidence of the commission of an offence against this Act, may- (a) enter the premises; and ( b) exercise the powers set out in section 16C (1). (2) If the authorized person enters the premises and finds the search object, the following provisions have effect: (a) the authorized person may seize the search object; (b) the authorized person may keep the search object for 60 days, or , if a prosecution for an offence against this Act in the commission of which the search object may have been used or otherwise involved is instituted within that period , until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; (c) if the search object is a book, record or document- while the authorized person has possession of the book, record or document , the authorized person must allow the book, record or document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the authorized person ' s possession. (3) The authorized person must not enter the premises, or exercise a power, under subsection ( 1) unless- (a) the occupier of the premises consents to the entry or the exercise of the power; or (b) a warrant under section 16D that was issued in relation to the search object authorizes the entry or the exercise of the power. (4) If, in the course of searching the premises under subsection (1) pursuant to a warrant under section 16D, the authorized person- (a) finds a thing that the authorized person believes, on reasonable grounds to be- (i) a matter or thing (other than the search object) that will afford evidence of the commission of the offence mentioned in subsection (1); or (ii) a matter or thing that will afford evidence of the commission of another offence against this Act; and (b) the authorized person believes, on reasonable grounds, that it is necessary to seize the matter or thing to prevent- (i) its concealment, loss or destruction; or

248 Rental Bond Act Amendment and Validation Act 1991, No. 14 (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1), or the other offence, as the case may be; subsection (2) applies to the matter or thing as if it were the search object. 16C. General powers of authorized person in relation to premises . (1) An authorized person who enters premises under section 16B (1) may- (a) search any part of the premises; (b) inspect and examine anything on the premises; (c) take extracts from, and make copies of, any documents on the premises; (d) take into the premises such equipment and materials as the authorized person requires for the purpose of exercising any powers in relation to the premises; (e) require the occupier of or any person in the premises to give to the authorized person reasonable assistance in relation to the exercise of the authorized person's powers mentioned in paragraphs (a), (b), (c) and (d). (2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made under subsection (1) (e). (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.". 4.5 New ss. 16D , 16E and 16F . The Principal Act is amended by inserting after section 16C the following sections:- "16D. Warrant to enter premises . (1) An authorized person may apply to a stipendiary magistrate for a warrant under this section in relation to particular premises. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in the premises a particular matter or thing (in this section called the "search object") that may afford evidence of the commission of an offence against this Act. (3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the authorized person or some other person has given the information to the magistrate in the form (either orally, written or by affidavit) that the magistrate requires.

Rental Bond Act Amendment and Validation Act 1991, No. 14 249 (4) The warrant must- (a) state the name of the authorized person; (b) authorize the authorized person, with such assistance and by such force as is necessary and reasonable- (i) to enter the premises; (ii) to exercise the powers set out in section 16C (1); and (iii) to seize the search object; (c) state whether the entry is authorized to be made at any time of the day or night or during specified hours of the day or night; (d) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and (e) state the purpose for which the warrant is issued. 16E. Obstruction of authorized persons etc . A person must not, without reasonable excuse, obstruct, hinder or resist an authorized person in the exercise of powers under this Act. 16F. False or misleading statements . A person must not- (a) make to an authorized person a statement that the person knows is false or misleading in a material particular; (b) omit from a statement made to an authorized person any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular; or (c) give to an authorized person a document containing information that the person knows is false, misleading or incomplete in a material particular without- (i) indicating to the authorized person that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (ii) providing correct information to the authorized person if the person has, or can reasonably obtain, the correct information.". 4.6 Amendment of s. 19. Duty to deposit bond . Section 19 of the Principal Act is amended by adding at the end the following subsection:- "(4) Where, on 1 January 1992 a residential tenancy agreement exists and, prior to the commencement of subsection (1), under that agreement or any other prior agreement a rental bond had

250 Rental Bond Act Amendment and Validation Act 1991, No. 14 been received from the tenant by a person as the landlord or as the landlord's agent in respect of the residential premises, the landlord or the landlord's agent must on or before 1 January 1992 pay to the Authority the amount of the bond.". 4.7 New s. 23A. The Principal Act is amended by inserting after section 23 the following section:- "23A. Maximum amount of rental bond . A person must not require the payment of, or receive, a rental bond of an amount exceeding 4 weeks' rent under the residential tenancy agreement in relation to which it is required or received except where the weekly rent is greater than the amount prescribed by the regulations or, if not prescribed, $300.". 4.8 Amendment of s. 36. Condition of premises . Section 36 of the Principal Act is amended by adding at the end the following subsection:- "(5) Subsections (1) to (4) do not apply where an amount is paid to the Authority pursuant to section 19 (4).". 4.9 New s. 40A. The Principal Act is amended by inserting after section 40 the following section:- "40A. Order for payment of bond upon conviction . (1) A court that convicts a person of an offence relating to a failure to pay a rental bond to the Authority may, in addition to any penalty imposed, order the person to pay to the Authority the amount of the rental bond which amount is a debt due and owing to the Authority and is recoverable in any court of competent jurisdiction. (2) A person ordered to pay an amount to the Authority pursuant to subsection (1) must comply with the order.". 4.10 New s. 56A. The Principal Act is amended by inserting after section 56 the following section:- "56A. Tabling of Orders in Council . Section 28A of the ActsInterpretation Act 1954-1990 (Tabling of Regulations) applies with respect to Orders in Council made for the purposes of this Act and, for the purposes of that application that section is to be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act.". Minister's Second Reading Speech made on 28 February 1991.