Residential (Land Lease) Communities Act 2013 (NSW)
An Act to provide for the governance and regulation of residential communities; to repeal the Residential Parks Act 1998; and for other purposes.
This Act is the Residential (Land Lease) Communities Act 2013.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to improve the governance of residential communities,
(b) to set out particular rights and obligations of operators of residential communities and home owners in residential communities,
(c) to enable prospective home owners to make informed choices,
(d) to establish procedures for resolving disputes between operators and home owners,
(e) to protect home owners from bullying, intimidation and unfair business practices,
(f) to encourage the continued growth and viability of residential communities in the State.
In this Act—
(a) the spouse or relative of the operator,
(b) an employee or agent of the operator,
(c) a company of which the operator is a director, employee or agent,
(d) a person who has a relationship with the operator that is of a kind prescribed by the regulations.
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service.
A community may be—
(a) a caravan park (that is, land, including a camping ground, on which caravans, or caravans and other moveable dwellings, have been, are or are to be placed, installed or erected), or
(b) a manufactured home estate as defined in the Local Government Act 1993 (that is, land on which manufactured homes have been, are or are to be placed),
whether or not the caravan park or manufactured home estate is the subject of an approval under the Local Government Act 1993.
(a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or
(b) a manufactured home as defined in the Local Government Act 1993, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.
(a) a person who owns a home on a residential site in a community that is the subject of a site agreement (whether or not the person resides at the site), or
(b) 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
(c) another successor in title of a person mentioned in paragraph (a),
but does not include any person, or any person of a class, excluded from this definition by the regulations.
(a) the person who manages, controls or otherwise operates the community, including by granting rights of occupancy under site agreements or tenancy agreements, whether or not the person is an owner of the community, or
(b) 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
(c) a mortgagee in possession of a community for which site agreements are in force, or
(d) another successor in title of a person mentioned in paragraph (a),
other than a person, or a person of a class, excluded from this definition by the regulations.
(a) the owner of land on which the community is located, or
(b) 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
(c) a mortgagee in possession of a community for which site agreements are in force, or
(d) another successor in title of a person mentioned in paragraph (a),
other than a person, or a person of a class, excluded from this definition by the regulations.
A site agreement gives rise to a tenancy.
(a) electricity,
(b) gas,
(c) sewerage,
(d) water,
(e) another service prescribed by the regulations.
(a) for electricity—a daily supply charge or usage charge for the supply of electricity, or
(b) for another utility—a service availability charge or usage charge for the supply of the utility.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
If there are 2 or more operators of a community—
(a) a reference (however expressed) in this Act to the operator is a reference to any one or more of them, and
(b) without limiting paragraph (a), it is sufficient compliance with the requirements of this Act and the regulations if any of them exercises the functions of the operator under this Act or the regulations.
If there are 2 or more owners of a community, subsection (2) applies to the owners in the same way as it applies to 2 or more operators of a community.
Notes included in this Act do not form part of this Act.
This Act applies to all communities—
(a) whether existing immediately before or coming into existence after the commencement of this section, and
(b) whether described as residential parks, caravan parks, manufactured home estates, communities or otherwise, and
(c) whether or not any relevant approval for them has been obtained under the Local Government Act 1993, and
(d) whether or not they are included in the Register,
unless a provision of or under this Act provides otherwise.
Section 11 provides for exemptions under the regulations.
This Act applies to all site agreements, whether existing immediately before or coming into existence after the commencement of this section, unless a provision of or under this Act provides otherwise.
Where this Act applies to a site agreement, it so applies despite the terms of the agreement or any other contract, agreement or arrangement, whether made before or after the commencement of this section.
This Act applies to a site agreement until it is terminated in accordance with this Act.
This Act does not apply to the following arrangements made in good faith—
(a) an occupation agreement to which the Holiday Parks (Long-term Casual Occupation) Act 2002 applies,
(b) an arrangement for occupation of a residential site for holiday purposes,
(c) an arrangement for occupation of a residential site or home by an itinerant worker, unless the parties to the arrangement agree to enter into a site agreement or tenancy agreement,
(d) an arrangement for accommodation in a community for a full-time employee of the operator or owner,
(e) any other arrangements prescribed by the regulations.
The operator of a community who enters into an arrangement of the kind referred to in subsection (1) and who knows at the time or ought reasonably to know at the time that it is not made in good faith commits an offence.
Maximum penalty—100 penalty units.
In this section—
If an arrangement of the kind referred to in this section is not entered into in good faith, orders could be sought from the Tribunal under section 9.
This Act does not apply to the following places—
(a) a place owned or managed by a co-operative,
(b) a place that is wholly subject to a strata scheme or community scheme,
(c) a place owned by a company title corporation occupied by shareholders of the corporation,
(d) any other place prescribed by the regulations.
In this section—
The Tribunal may, on application by any person, make an order declaring that—
(a) a specified place is or is not a community to which this Act or a specified provision of this Act or the regulations applies, or
(b) a specified agreement is or is not a site agreement to which this Act or a specified provision of this Act or the regulations applies, or
(c) a specified contract, agreement or arrangement of a kind referred to in section 7 was or was not made in good faith.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
The regulations may exempt from the operation of this Act or the regulations or any specified provision of this Act or the regulations—
(a) any specified community or other place or any specified class of communities or other places, or
(b) any specified agreement or any specified class of agreements.
An exemption may be unconditional or subject to conditions.
The provisions of this Act and the regulations have effect despite any stipulation to the contrary in any agreement, contract or arrangement and no agreement, contract or arrangement operates to annul, vary or exclude any of the provisions of this Act or the regulations.
Subsection (1) applies in relation to an agreement, contract or arrangement (including a collateral agreement between the parties to a site agreement), and so applies in relation to the agreement, contract or arrangement—
(a) whether or not it is a site agreement, and
(b) whether or not it is a tenancy agreement, and
(c) whether it is oral or wholly or partly in writing, and
(d) whether it is or was made or entered into before or after the commencement of this section.
Without limiting subsection (1), a term of an agreement, contract or arrangement referred to in that subsection, including but not limited to a purported waiver (however expressed) of a right under this Act or the regulations, is void to the extent it is inconsistent with this Act or the regulations.
A person must not enter into any agreement, contract or arrangement after the commencement of this section with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act or the regulations.
Maximum penalty—100 penalty units.
This Act does not apply to tenancy agreements, except to the extent this Act provides otherwise.
The Retirement Villages Act 1999 does not apply to communities occupied by retired persons or predominantly by retired persons (that is, persons who have reached the age of 55 years or have retired from full-time employment).
Nothing in this Act limits any requirement imposed by or under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979.
The Commissioner is to keep a Register of Communities.
The Register may be kept in such form as the Commissioner considers appropriate.
The Commissioner is to ensure that information on the Register is kept up to date. In particular, the Commissioner may remove any information from the Register that appears to the Commissioner to be out of date.
The Commissioner may correct any error in or omission from the Register.
A community is registered if the particulars of the community are currently included in the Register.
The Commissioner is to record in the Register in relation to each community—
(a) particulars about the community notified under Part 13A of the Residential Parks Act 1998 (before its repeal) that appear to the Commissioner to be up to date, and
(b) particulars about the community notified to the Commissioner under this Part.
The Commissioner may also record in the Register in relation to a community—
(a) particulars of any enforcement action or disciplinary action taken in respect of the community, its operator or any of its staff, and
(b) any other particulars or information that the Commissioner considers appropriate or that may be prescribed by the regulations.
The operator of a community must notify the Commissioner, in accordance with this section, of the following particulars so as to enable the Commissioner to include information about the community in the Register—
(a) the trading name, address and contact details of the community,
(b) the name and contact details of the operator and the owner of the community (if different from the operator),
(c) information relating to any relevant training, qualifications or experience of the operator or other persons involved in the management of the community,
(d) whether the community has a residents committee and, if so, the name and site number of an office holder of the committee or (if there is no office holder) of at least one member of the residents committee (if nominated by the committee),
(e) information relating to the occupation and use of residential sites located in the community,
(f) information relating to the commencement of operation of the community,
(g) information relating to the community’s membership of a relevant industry association,
(h) such other particulars as may be approved by the Commissioner or prescribed by the regulations.
Particulars do not need to be notified again if the community was operating as a residential park immediately before the commencement of this section and the particulars were notified before that commencement under Part 13A of the Residential Parks Act 1998 (before its repeal).
The operator of a community must notify the Commissioner of the particulars referred to in subsection (1)—
(a) if the community was operating as a community on the commencement of this section and the particulars had not been previously notified under Part 13A of the Residential Parks Act 1998—within 30 days after that commencement, or
(b) if the community begins operating as a community after the commencement of this section—within 30 days after it begins operating as a community.
The operator of a community must notify the Commissioner within 30 days of any change to the particulars previously notified.
An operator of a community who contravenes this section is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—100 penalty units, or
(b) in any other case—50 penalty units.
An operator is not excused from a requirement under this section to notify particulars concerning a community on the ground that the notification of those particulars may incriminate the operator or make the operator liable to a penalty.
Any notification given to the Commissioner under this section is to be in the approved form. Information is not duly provided unless all particulars required by the form are provided.
If a place ceases to be a community, the person who was the operator immediately before the cessation must notify the Commissioner of that cessation, and of the date when it occurred, within 30 days of the cessation.
Maximum penalty—
(a) in the case of a corporation—20 penalty units, or
(b) in any other case—10 penalty units.
A person must not, in purported compliance with any requirement under this Part, provide to the Commissioner any information that the person ought reasonably to know is false or misleading in a material particular.
Maximum penalty—
(a) in the case of a corporation—100 penalty units, or
(b) in any other case—50 penalty units.
The Commissioner is to arrange for the following information about a community contained in the Register to be published on the internet for public access—
(a) the trading name, address and contact details of the community,
(b) the name of the operator,
(c) particulars of enforcement action or disciplinary action taken in respect of the community, its operator or any of its staff that are currently authorised or required by the regulations to be included for publication,
(d) such other information as may be prescribed by the regulations.
No other information contained in the Register may be made available to the public.
The operator of a community may advise the Commissioner that the community has ceased accepting new residents. The Commissioner may (if he or she considers it appropriate to do so) include in the published information a note to that effect.
The information referred to in subsection (1), and any note referred to in subsection (3), may also be provided to members of the public in any other manner approved by the Commissioner.
The Register is evidence of any particulars or information recorded in it.
A certificate signed or purporting to be signed by the Commissioner, or an officer or employee of the Department of Customer Service authorised in writing by the Commissioner, and stating—
(a) that a place named in the certificate was or was not registered at a specified time, or
(b) any other particulars or information recorded in the Register at a specified time,
is admissible in any legal proceedings and is evidence of the matters stated in the certificate.
The operator of a community must not enter into a site agreement with a person unless the operator has provided the person (or another person acting on behalf of that person) with a disclosure statement relating to the particular residential site at least 14 days before entering into the agreement.
Maximum penalty—100 penalty units.
This requirement extends to a case where the operator is entering into a new site agreement with an existing home owner.
The disclosure statement is to be in the approved form and is to include—
(a) details of the fees and charges that will be payable under the proposed site agreement for the particular residential site, and
(b) details of the current range of site fees paid in the community, and
(c) details of the services and facilities available in the community, and
(d) details of compliance with statutory requirements applying to the community.
A disclosure statement is to be signed and dated by the operator.
The Tribunal may, on application by a prospective home owner, make an order requiring the operator of a community to provide a disclosure statement if—
(a) a residential site in the community is available for occupation by the prospective home owner, and
(b) the operator fails to provide a disclosure statement in relation to the residential site to the prospective home owner within 14 days after a request for the statement is made.
The Commissioner may approve the content and form of information that the operator of a community must provide to a prospective home owner or a person acting on behalf of a prospective home owner.
The operator of a community must not, without reasonable excuse, fail to provide the information in the approved form at or before the time the disclosure statement is provided in accordance with section 21.
Maximum penalty—10 penalty units.
Without limiting subsection (1), the approved information may relate to any of the following—
(a) residential communities generally,
(b) the rights and responsibilities of home owners in residential communities,
(c) a checklist for prospective home owners to consider before buying a home,
(d) contact details to obtain information and advice.
A person who enters into a site agreement with the operator of a community is entitled, during the cooling-off period for the agreement, to rescind the site agreement by serving a notice in writing to that effect on the operator.
This entitlement extends to a case where an existing home owner enters into a new site agreement with an operator.
The
(a) commencing on the date when the site agreement is entered into by the person, and
(b) ending at midnight on the day that is 14 days after the date the site agreement is entered into by the person.
On service of the notice of rescission, the site agreement is taken to be rescinded from the commencement of the agreement.
A person who rescinds a site agreement with an operator of a community under this section may also, during the cooling-off period for the site agreement, rescind any collateral agreement with the operator. The rescission is to be effected in the same way as, and has the same effect as, rescission of the site agreement.
The rescission of a site agreement, or any collateral agreement, under this section does not entitle any person to compensation of any kind.
A person who enters into a site agreement with the operator of a community ceases to be entitled to rescind an agreement under this section if the person starts to reside in a home located on the residential site, or causes a home to be placed, installed or erected on the residential site, before the end of the cooling-off period.
Subsection (6) does not apply to a person who is an existing home owner when the site agreement is entered into (being a person who is currently, or has previously been, a party to a site agreement relating to the residential site).
In this section, a
The operator of a community must not restrict any person’s right to seek independent advice before entering into a site agreement.
Maximum penalty—10 penalty units.
The operator of a community or a person acting on behalf of the operator must not induce a person to enter into a site agreement by any statement, representation or promise that the operator or person acting on behalf of the operator knows or ought reasonably to know is false, misleading or deceptive.
Maximum penalty—
(a) in the case of a corporation—100 penalty units, or
(b) in any other case—50 penalty units.
The operator of a community must ensure that the site agreement for a site in the community is in writing at the commencement of the agreement.
Maximum penalty—20 penalty units.
The agreement must—
(a) identify the residential site by its number and its dimensions, and
(b) state—
(i) the operator’s name and address for service of documents, and
(ii) if the operator is a company—the address of the registered office of the company, and
(iii) if the operator is not the owner of the community—the name of the owner, and
(c) be signed by the parties, and
(d) comply with any other requirements prescribed by the regulations (including as to the content or form of the agreement).
If a site agreement does not comply with a requirement of subsection (2), the operator of the community is guilty of an offence.
Maximum penalty—20 penalty units.
The Tribunal—
(a) may, on application by a home owner who was not given a written site agreement at the time occupation of the residential site commenced, order the operator to prepare and enter into—
(i) a written site agreement in the relevant standard form, if prescribed, or
(ii) a written site agreement that includes, or contains only, terms specified or of a kind specified by the Tribunal, if there is no relevant prescribed standard form, and
(b) may, by the same order, specify a commencement date for the agreement that occurred before the order was made.
The regulations may prescribe a standard form of site agreement.
The regulations may provide for the following—
(a) the terms of the standard form of site agreement,
(b) more than one standard form of site agreement for use for different classes of communities, agreements or parties,
(c) the addition of terms to, or the omission or variation of terms contained in, a standard form of site agreement in specified circumstances,
(d) a form of site condition report to be completed by the parties and annexed to the site agreement.
A site agreement that is entered into on or after the day a relevant standard form is prescribed—
(a) must be in the standard form (but may contain additional terms—see section 28), and
(b) is taken to include the terms of the standard form to the extent they are not included in the site agreement.
The terms contained in the standard form must not be varied by the parties and to the extent the terms are so varied they are taken not to have been varied.
The Tribunal may, on application by a home owner under a site agreement that is entered into after the commencement of this section and is not in the relevant standard form, order the operator to prepare and enter into a site agreement that is in the relevant standard form.
The parties may insert additional terms in a standard form of site agreement, but only if the terms—
(a) do not contravene this or any other Act, and
(b) are not inconsistent with the terms prescribed in the standard form, and
(c) are set out in a separate and clearly labelled part of the site agreement.
The Tribunal—
(a) may, on application by a home owner or operator of a community, make an order declaring an additional term is void on being satisfied that the additional term contravenes subsection (1), and
(b) may, by the same order, prohibit either or both of the following—
(i) the current operator or any future operator of the community from using the same or a similar term in any future site agreement entered into in connection with the community while the community remains in the same ownership,
(ii) the current operator from using the same or a similar term in any future site agreement entered into in connection with any other community being operated by the operator.
The regulations may prohibit a specified type of term in a site agreement.
The operator of a community must not include, or attempt to enforce, a term of a site agreement that is prohibited under subsection (1).
Maximum penalty—100 penalty units.
A term of a site agreement that is prohibited under subsection (1) is void.
A home owner or operator of a community may apply to the Tribunal to consider whether part or all of a specified term of a site agreement is void under subsection (3).
The Tribunal may, on application under subsection (4), make any of the following orders—
(a) an order declaring that a specified term of the site agreement is void,
(b) an order declaring that a specified term of the site agreement is not void,
(c) an order declaring that a specified term of the site agreement is void to a specified extent,
(d) an order varying a specified term of the site agreement,
(e) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.
The operator of a community, or a person acting on the operator’s behalf, must not request, demand or receive any fee or charge from a prospective home owner before entering into a site agreement with the prospective home owner.
Maximum penalty—20 penalty units.
Subsection (1) does not apply to a fee or charge payable to the operator by the prospective home owner as a deposit to build or provide a home on the residential site under a separate agreement.
A site agreement may (but need not) provide for its duration to be for a specified fixed period.
The parties to a site agreement that specifies a fixed period may (but need not) enter into a new site agreement for a new fixed period, regardless of the terms of the agreement.
However, if a site agreement entered into after the commencement of this section specifies a fixed period, the period must exceed the minimum period.
A term of a site agreement entered into after the commencement of this section has no effect to the extent that it specifies a period that does not exceed the minimum period. In that case, the agreement is taken to be unlimited as to its duration.
A home owner’s right under a site agreement to occupy a residential site continues until the agreement is terminated in accordance with this Act, whether or not a fixed period (if any) has expired, and accordingly all terms of the agreement remain in full force and effect.
For the purposes of this section, the
A regulation that imposes a new minimum period applies to site agreements entered into on or after the commencement of the regulation.
The operator of a community must ensure that a home owner receives, free of charge, a copy of the site agreement (for the home owner to keep), when the home owner and the operator have both signed it.
Maximum penalty—10 penalty units.
If a site agreement has been signed by a home owner and given to the operator of a community or a person acting on the operator’s behalf and has not been signed by the operator—
(a) acceptance of site fees by or on behalf of the operator without reservation, or
(b) any act of part performance of the agreement by or on behalf of the operator,
gives to the document the same effect it would have if it had been signed by the operator on the first day in respect of which the site fee was accepted or on the day on which such an act was first performed.
This section applies despite section 54A of the Conveyancing Act 1919.
In this section—
A site agreement is not rendered void or unenforceable by non-compliance with a requirement of or under this Part, except to the extent specifically provided by a provision of this Part.
In this division—
A
(a) site fees the payment of which is deferred as specified in the site agreement,
(b) if the home owner sells the home—either of the following amounts —
(i) a specified share of any capital gain for the home realised by the home owner (a
capital share amount ),(ii) a portion of the total sale price of the home determined in the way specified in the agreement (an
on-site premium ).
A site agreement may include a voluntary sharing arrangement.
A site agreement that includes a voluntary sharing arrangement (a
(a) a term that requires the home owner to pay an entry fee or exit fee, or both, to the operator of the community, or
(b) a term that requires the home owner to pay a capital share amount or on-site premium to the operator of the community if the home—
(i) is sold to be removed from the residential site, or
(ii) is purchased by—
(A) the operator of the community, or
(B) a close associate of the operator.
Subsection (2)(a) does not apply to a site agreement entered into before the commencement of this section.
In this section—
(a) on or before entry into the site agreement, or
(b) as otherwise specified in the agreement.
(a) a capital share amount, or
(b) an on-site premium.
If the home owner sells the home and the operator of the community is the selling agent, the operator may deduct the amounts payable to the operator under a voluntary sharing arrangement from any proceeds of the sale held by the operator in accordance with the site agreement.
If the home owner sells the home and the operator of the community is not the selling agent, the home owner must pay the amounts payable to the operator under a voluntary sharing arrangement within 14 days of the sale being finalised.
The Tribunal may, at any time, on application by the operator of the community, make an order requiring the home owner to pay an amount owing to the operator under a voluntary sharing arrangement together with interest determined by the Tribunal.
The operator of a community must not enter into a VSA site agreement with a person (the
Before entering into the VSA site agreement with the contracting party, the operator of the community must—
(a) provide the contracting party with written information regarding the costs under a VSA site agreement compared with the costs under a rent only site agreement, and
(b) advise the contracting party to seek independent advice about the voluntary sharing arrangement included in the proposed VSA site agreement.
The VSA site agreement must include—
(a) a declaration, signed by both parties to the agreement, that the operator of the community offered to instead enter into a rent only site agreement with the contracting party and the contracting party declined the offer to enter into the rent only site agreement, and
(b) a declaration, signed by the contracting party, that the contracting party—
(i) obtained independent advice about the voluntary sharing arrangement included in the VSA site agreement before entering into the VSA site agreement, or
(ii) waived the contracting party’s right to obtain independent advice about the voluntary sharing arrangement included in the VSA site agreement before entering into the VSA site agreement.
The voluntary sharing arrangement is void if this section is contravened.
The regulations may prescribe information, or the kinds of information, that must be provided to the contracting party under subsection (2)(a).
In this section—
(a) the site fees currently payable by the home owner occupying the residential site,
(b) the site fees currently payable for residential sites of a similar size and location within the same community.
(a) that does not include a voluntary sharing arrangement, and
(b) under which the site fees payable do not exceed fair market value.
This Division states some of the basic responsibilities of home owners and operators of communities.
Other provisions of this Act deal with more specific rights and responsibilities.
This Division does not limit the rights and responsibilities of an operator or home owner under this Act.
A home owner has the following responsibilities—
(a) to use the residential site only as a place of residence, except so far as the operator consents to its use for another or additional purpose,
(b) to use the community’s common areas only for a purpose associated with the home owner’s use of the residential site,
(c) not to use, or allow other occupants living with the home owner or guests to use, the residential site or the community’s common areas for an illegal purpose,
(d) not to interfere with, and to ensure as far as practicable that other occupants living with the home owner or guests do not interfere with, the reasonable peace, comfort or privacy of the community’s residents,
(e) to pay the site fees and other charges payable by the home owner under the site agreement,
(f) not to intentionally or recklessly damage or destroy, or allow other occupants living with the home owner or guests to intentionally or recklessly damage or destroy, the community’s common areas,
(g) to maintain (subject to fair wear and tear) the home located on the residential site in a reasonable state of cleanliness and repair, and so as to be fit to live in, and to keep the residential site tidy and free of rubbish,
(h) to notify the operator as soon as practicable of—
(i) any damage to the residential site, or
(ii) any damage to the community’s common areas caused or permitted by the home owner, other occupants living with the home owner or guests of the home owner,
(i) to respect the rights of the operator, and agents and employees of the operator, to work in an environment free from harassment or intimidation,
(j) not to act in a manner that adversely affects the work health and safety of persons working in the community,
(k) to notify the operator before the residential site is to be left unoccupied for more than 30 days or, if the home owner is not able to give notice before leaving the residential site, as soon as is reasonably practicable after leaving it,
(l) otherwise, to comply with the site agreement and the community rules.
The operator of a community has the following responsibilities—
(a) to ensure that the community is reasonably safe and secure,
(b) to take reasonable steps to ensure that the home owners—
(i) always have access to their residential sites, and
(ii) have reasonable access to the community’s common areas,
(c) to maintain the community’s common areas in a reasonable state of cleanliness and repair, and so as to be fit for use by the home owners,
(d) not to intentionally or recklessly damage or destroy any property of the home owners, other occupants or their guests,
(e) to ensure that the times the operator or a representative of the operator is available to be contacted by the home owners are reasonable, having regard to all the circumstances, including the utilities supplied by the operator to residential sites,
(f) to the extent that it is within the operator’s control, to ensure the continuity of supply of utilities to residential sites occupied by home owners,
(g) to take reasonable steps to keep the community’s common areas reasonably free of weeds and vermin,
(h) to have in place emergency evacuation procedures and to—
(i) take reasonable steps to ensure that all residents are aware of the procedures, and
(ii) test the procedures at least once per year and keep a record of tests conducted,
(i) to pay all rates, taxes and other charges payable by the owner or operator of the community,
(j) to comply with all statutory obligations relating to the community,
(k) to ensure a residential site is in a reasonable condition, and fit for habitation, at the commencement of a site agreement for the site,
(l) otherwise, to comply with the site agreements and the community rules.
With regard to the operator’s obligation to maintain the community’s common areas (in subsection (1)(c))—
(a) any necessary work must be carried out as soon as is reasonably practicable and in a way that minimises disruption to residents, and
(b) the work is to be carried out at an appropriate standard having regard to the age and prospective life of the community and to the level of fees and charges payable by residents, and
(c) if there is a failure to carry out the work at all or to an appropriate standard, the Tribunal may, on application by a home owner, make any of the following orders in respect of the failure—
(i) an order requiring work of a specified kind to be carried out,
(ii) an order that the operator pay compensation to the home owner and any other home owners,
(iii) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.
The operator of a community must not unreasonably restrict or interfere with, or permit any unreasonable restriction or interference with, a home owner’s privacy, peace and quiet, or proper use and enjoyment of the residential site and the community’s common areas.
Maximum penalty—10 penalty units.
The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with this section.
The operator of a community or a person acting on the operator’s behalf may, while a site agreement is in force, enter a residential site in the following circumstances only—
(a) with the consent of the home owner, so long as the consent is given at the time of entry or no more than 14 days before entry,
(b) in an emergency, so long as entry is needed to avert danger to life or valuable property,
(c) in a case where electricity, water or gas is supplied to the home owner by the operator—to inspect, read, service, repair or replace any electricity, water or gas meter located on the residential site,
(d) to comply with an obligation under this Act or another Act, so long as (subject to the legislation concerned) at least 2 days’ notice has been given to the home owner,
(e) for the purpose of lawn or grounds maintenance, so long as—
(i) entry is made at a reasonable time and on a reasonable number of occasions, and
(ii) the home owner has agreed to such an arrangement, and
(iii) the home owner’s agreement has not been revoked by a notice in writing given to the operator,
(f) in accordance with an order of the Tribunal.
The operator of a community, or a person acting on the operator’s behalf, may enter a home located on a residential site while a site agreement is in force for the site in the following circumstances only—
(a) with the consent of the occupier of the home given at the time of entry,
(b) in an emergency if necessary to avert danger to life,
(c) to comply with an obligation under another Act or law,
(d) in accordance with an order of the Tribunal.
A person exercising a right of entry under subsection (1) or (1A)—
(a) must not act in an unreasonably intrusive manner on the residential site or in the home, and
(b) without limiting the effect of paragraph (a), must not, without the home owner’s consent—
(i) enter a part of the residential site or home to which entry is not reasonably required for the purpose for which the right of entry is being exercised, or
(ii) remain on the residential site or in the home longer than is reasonably necessary for the purpose for which the right of entry is being exercised.
The Tribunal may, on application by a home owner or the operator of a community, make an order settling any dispute involving entry to the residential site or home (including by authorising entry by the operator or any other person).
The operator or any other person referred to in this section must not, while the site agreement is in force, enter the residential site or the home located on it except as permitted by this section.
Maximum penalty (subsection (4)): 10 penalty units.
The operator of a community must take all reasonable steps to ensure that tradespersons and service providers have access to a home in the community to provide goods and services arranged by a resident of the home.
Maximum penalty—20 penalty units.
The operator of a community must not—
(a) require a resident to purchase, rent or lease goods or services from any particular person, or
(b) restrict the right of a resident to purchase, rent or lease goods or services from a person of his or her choice.
Maximum penalty—20 penalty units.
However, the operator may impose reasonable restrictions on the further entry of particular tradespersons and service providers to the community for a particular period (including, if appropriate, a prohibition on further entry), but only if they have—
(a) unduly disturbed the peace and quiet of the community, or
(b) violated any community rules, concerning motor vehicle traffic, that are displayed in or outside the community.
The Tribunal may, on application by a resident, make an order resolving a dispute concerning an operator’s compliance with this section.
The operator of a community must take all reasonable steps to ensure that—
(a) emergency and home care service personnel have unimpeded vehicular access to homes in the community at all times, and
(b) the residents of the community, and all relevant local emergency and home care service agencies, are consulted and kept informed as to any arrangements made to secure that access, and
(c) the roads and residential sites in the community are signposted, or a map is placed at each entry to the community, in a way that provides adequate information for emergency and home care service personnel seeking to locate a home in the community.
Maximum penalty—20 penalty units.
The Tribunal may, on application by a resident or a representative of an emergency or home care service agency, make an order resolving a dispute concerning an operator’s compliance with this section.
A home owner must not, except with the written consent of the operator of the community or unless the site agreement otherwise provides—
(a) make any alteration to the exterior of the home (other than painting or minor repairs) or add a fixture to the residential site, or
(b) replace the home with another home.
The operator must not unreasonably withhold or refuse the consent.
The consent may be given with reasonable conditions.
A home owner may, without the operator’s consent—
(a) install door screens or window locks, screens or shutters on the home, or
(b) make any other minor alterations or additions to the home prescribed by the regulations.
The alteration of, an addition to, or the replacement of, a home must not contravene—
(a) the Environmental Planning and Assessment Act 1979 and the regulations made under that Act, or
(b) the Local Government Act 1993 and the regulations made under that Act, or
(c) an approval, consent or certificate under an Act or law referred to in paragraphs (a) and (b).
The Tribunal may, on application by the home owner, order that any alteration, addition or replacement requiring consent can be carried out without consent if the Tribunal finds that the withholding or refusal of consent is unreasonable or that unreasonable conditions were imposed.
The Tribunal must not make an order under this section if the alteration, addition or replacement would contravene an Act or law, or an approval, consent or certificate, referred to in subsection (3B)(a)–(c).
A home located on a residential site is not, for any purpose, to be regarded as a fixture, regardless of the manner in which it is attached to the land. This subsection does not apply to a home that is owned by the owner of the community.
Without limiting subsection (6), a fixture added to a residential site by a home owner remains the property of the home owner and does not become part of the land, and the home owner may remove it at any time or sell it as part of the home.
If the operator of a community reasonably believes any of the following defects exist, the operator may issue a written notice to the home owner requiring the home owner to carry out work to rectify the defect within 60 days—
(a) significant dilapidation of the home owner’s home,
(b) significant dilapidation of the residential site on which the home is located that was caused by the home owner,
(c) either of the following, made by the home owner in a way likely to cause serious health or safety risks to other persons—
(i) the alteration of, or an addition to, an external feature of the home,
(ii) the alteration or addition of a fixture on the residential site.
If the home owner fails to comply with the notice, the Tribunal may, on application by the operator, make—
(a) an order requiring the home owner to carry out the work within a specified period, and
(b) if the home owner does not comply with the order under paragraph (a)—an order authorising the operator to arrange for the work to be carried out, and to recover the reasonable costs from the home owner, as directed by the Tribunal.
The Tribunal may, on application by the home owner, make—
(a) an order declaring that the notice given by the operator is invalid on the ground that—
(i) the residential site or home is not significantly dilapidated, or
(ii) the alteration or addition is not likely to cause serious health or safety risks to other persons, or
(b) an order that the period of 60 days be extended by a further period on the ground that 60 days provides insufficient time to rectify the defect.
A home owner must not, except with the written consent of the operator of the community or unless the site agreement otherwise provides, allow additional persons to occupy the residential site.
The operator must not unreasonably withhold or refuse the consent.
The consent may be given with reasonable conditions.
The Tribunal may, on application by the home owner, order that the home owner may allow other named persons to occupy the residential site without consent if the Tribunal finds that the withholding or refusal of consent was unreasonable or that unreasonable conditions were imposed.
However the followings persons have an automatic right of occupation of the residential site without the need for the operator’s consent, even if they are not named or referred to in the site agreement—
(a) a home owner’s spouse or de facto partner,
(b) a home owner’s carer.
It is not unreasonable for an operator to withhold or refuse consent on the ground that the additional person does not meet age restrictions for occupancy set out in the community rules that were in force when the home owner entered into the site agreement.
The Tribunal may, on application by the home owner or operator, make orders to settle a dispute arising under this section.
The operator may give consent under this section, and the Tribunal may make an order under this section, despite any term of the site agreement that prohibits additional occupants or puts limits on the number of occupants.
A home owner may, with the written consent of the operator of the community—
(a) enter into a tenancy agreement for, or otherwise sub-let, the residential site or the home located on it, or
(b) assign the site agreement.
The operator must not unreasonably withhold or refuse consent for a tenancy agreement or other sub-lease that is proposed to be entered into or granted once during any 3-year period in which the site agreement has effect and is for a term of 12 months or less.
The operator must not unreasonably withhold or refuse consent to the assignment of a tenancy agreement.
Section 133B of the Conveyancing Act 1919 does not prevent the operator from withholding or refusing consent, for any or no reason, for a tenancy agreement or other sub-lease if it is for a term exceeding 12 months.
This section has effect despite the terms of the site agreement and does not prevent the home owner from selling the home on site or from having additional occupants as contemplated by section 44.
The Tribunal may, on application by the home owner or operator, make orders to settle a dispute arising under this section, including but not limited to—
(a) a dispute arising where consent was withheld or refused, and
(b) a dispute arising where the term of a tenancy agreement or other sub-lease exceeds 12 months.
A home owner may appoint a person as the home owner’s agent for the purpose of receiving notices or other documents to be given to the home owner under a site agreement or under this Act.
For example, a home owner may wish to appoint an agent if the home owner cannot read or write English, is sick, or is going to be away from his or her home for some time.
An appointment of the operator of the community (or a close associate of the operator or a person nominated by the operator) as an agent under this section is of no effect.
An appointment under this section—
(a) may be made in a site agreement or at any time after the agreement commences, and
(b) may be revoked at any time by the home owner,
but any such appointment or revocation has no effect until it is notified in writing to the operator.
The operator must give to the agent appointed by a home owner, until such time as the appointment expires or is revoked, any notices or other documents that the operator is required to give to the home owner under a site agreement or this Act.
A notice or other document that is required by this section to be given to the agent appointed by the home owner and that is not so given is taken not to have been given to the home owner.
The operator of a community must establish and maintain at the community reasonably accessible and reasonably secure mail facilities for the home owners.
The operator of a community must not access or interfere with individual mail facilities provided to a home owner in the community, except with the prior consent of the home owner.
Maximum penalty—10 penalty units.
The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with this section.
The operator of a community must—
(a) ensure that all trees in the community are properly maintained, and
(b) take reasonable action if a home owner reports that a tree has caused or is likely to cause injury to a person or damage to property.
For example, the operator may be required to trim dead tree branches or remove tree roots causing damage to driveways, pipes and other property.
A home owner in a community, or an occupant in the home owner’s home, must not plant a tree, or authorise a tree to be planted, in the community without the consent of the operator.
An operator is not required under this section to take any action that is prohibited by law.
The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with subsection (1).
The Tribunal may, on application by an operator, make an order for the removal of a tree that has been planted without the consent referred to in subsection (2). Without limitation, an order may require the home owner concerned to remove the tree at the home owner’s expense or require the home owner to pay to the operator the reasonable costs of removing the tree.
The operator of a community must maintain all services and facilities required by the development consent for the community to be available for the life of the community.
The operator of a community must give at least 30 days’ prior notice to the residents committee (or if there is no residents committee, to all residents) of any of the following proposals—
(a) a proposal to remove or substantially restrict a facility or service required by the development consent or otherwise available for a community,
(b) a proposal to provide a new facility or service for a community.
Nothing in this section, or in any other provision of this Part, authorises an operator to take any action that is prohibited by law or that is inconsistent with a site agreement.
This section applies if the operator of a community intends to lodge a development application or planning proposal that may affect the community (the
The operator must give each potentially affected resident written notice of the operator’s intention to lodge the development application or planning proposal.
The notice must—
(a) be given to each resident at least 30 days before the operator lodges the development application or planning proposal, and
(b) include a brief summary of the development application or planning proposal.
In this section—
(a) is a resident of the affected community, and
(b) will potentially be affected by the development application or proposal.
The home owners in a community may, by a special resolution, agree to pay a special levy to enable the operator of the community to provide a specified new facility or service for the community or to make a specified improvement to the community (a
The special resolution is to provide for the amount or method of calculation of the special levy and when it is to be paid by home owners.
A special resolution has no effect unless reasonable notice of the proposal to make it is given to all the home owners and the resolution is passed by at least 75% of all the home owners within 90 days after the notice was given to the home owners.
A special resolution has no effect unless and until the operator of the community consents to the community upgrade by notice in writing given to all the home owners before or within 90 days after the special resolution is passed.
The Tribunal may, on application by the operator or a home owner, make any of the following orders—
(a) an order that quashes the special resolution in whole or in part,
(b) an order that confirms the special resolution in whole or in part,
(c) an order that determines whether or not the special resolution has effect under this section,
(d) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.
The Tribunal is not to make an order quashing the special resolution, in whole or in part, unless satisfied that the operator or home owner has reasonable grounds to seek the order.
A special levy is payable by home owners in accordance with the special resolution by which home owners agree to pay it.
The special levy is not payable unless the special resolution has effect.
A special levy may be recovered as a debt owing to the operator from all home owners in the community in equal shares (with each residential site counting as one share).
The proceeds of the special levy are to be held by the operator on trust for the home owners until used or refunded under this section.
Once all payments of the special levy have been received by the operator, the operator must, within a reasonable time, use the money for the purpose for which the special resolution was passed. Any unused amount of the special levy must be refunded in equal shares.
Any special levy, or part of a special levy, payable to an operator by a home owner ceases to be payable by that home owner if the home is sold.
If a home is sold, any special levy, or part of a special levy, that has not been paid by the selling home owner becomes payable by (and recoverable as a debt from) the new home owner.
Subsection (7) applies only if the new home owner was advised of the requirement to pay the unpaid special levy in the disclosure statement provided by the operator.
Nothing in this section prevents an operator from contributing to the cost of a community upgrade for which a special levy has been made.
In this section—
If another person becomes the operator of a community, the benefits and obligations under existing site agreements pass from the old operator to the new operator.
The new operator must, within 14 days after becoming the operator, give all existing home owners in the community a notice stating the operator’s name and business address.
Maximum penalty—10 penalty units.
If the name or address of the operator of a community changes, the operator must, within 14 days after the change, give the existing home owners a notice stating the new name or address.
Maximum penalty—10 penalty units.
The rules of conduct in Schedule 1 are to be observed by the operator of a community in the course of the carrying on of business or the exercise of functions as operator.
The regulations may prescribe additional rules of conduct.
The operator of a community who, without reasonable excuse, contravenes a rule of conduct in Schedule 1 or prescribed by the regulations is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—100 penalty units, or
(b) in any other case—50 penalty units.
This section applies to a person who becomes the operator of a community after the commencement of this section.
Within 30 days after the operator’s name is inserted in the Register—
(a) if the operator is an individual—the operator must undertake an education briefing approved by the Commissioner, or
(b) if the operator is not an individual—the operator must arrange for a nominated person involved in the day-to-day management of the community to undertake an education briefing approved by the Commissioner.
The operator must notify the Commissioner in writing within 7 days of the completion of the education briefing that it has been undertaken and completed.
The operator must not, in purported compliance with subsection (3), provide to the Commissioner any information that the operator knows is false or misleading in a material particular.
The regulations may specify circumstances when an operator is not required to undertake or arrange for the education briefing.
The regulations could, for example, provide that an operator is not required to undertake the briefing when he or she was the operator of another community within a certain period.
The education briefing may consist of one or more sessions, and may be conducted in any way the Commissioner thinks appropriate (for example, by a seminar or over the internet).
Maximum penalty—50 penalty units.
The operator of a community or a close associate of the operator must not engage in retaliatory conduct against a home owner if the conduct reasonably appears to have taken place wholly or partly in consequence of—
(a) a complaint made by the home owner in good faith to the Commissioner or a government agency about the operator, or
(b) a complaint made by the home owner in good faith to the operator, or
(c) an application made by the home owner to the Tribunal or a court, or
(d) any action by the home owner to promote the establishment of a residents committee for the community, or
(e) any matter prescribed by the regulations.
Maximum penalty—100 penalty units.
The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with this section.
In this section—
(a) amending community rules in a way that is detrimental to the home owner (whether or not it is detrimental to other home owners), and
(b) giving or threatening to give the home owner a termination notice, and
(c) any action that is of a kind prescribed by the regulations.
A person must not demand or require that a home owner or prospective home owner pay, as site fees in advance, more than 2 weeks’ site fees.
Maximum penalty—10 penalty units.
A person must not demand or require the payment of any site fees (other than the first payment) under a site agreement for a period of occupation of a residential site to be made before the end of the previous period for which site fees have been paid.
Maximum penalty—10 penalty units.
If site fees are paid in person, any person who receives payment of the fees must, without delay, give the person making the payment a receipt for the payment.
If site fees are not paid in person, the operator of a community must, on receiving the fees and being asked for a receipt, prepare a receipt for the fees and provide it to the home owner.
A receipt for site fees is not a receipt for the purposes of this section unless it includes the following particulars—
(a) the name and address of the community, and the number or other identifying feature of the residential site,
(b) the name of the home owner,
(c) whether the home owner is in debit or credit as at the date of payment and by what amount,
(d) the period for which the fees are paid,
(e) the date on which the fees are received,
(f) the amount of fees paid.
Maximum penalty—10 penalty units.
The operator of a community must keep, or cause to be kept, a record showing site fees received under site agreements for the community.
Maximum penalty—10 penalty units.
A person must not knowingly make an entry that is false in a material particular in a record kept under this section.
Maximum penalty—10 penalty units.
Any record of site fees received required to be kept under this section may be kept in written or electronic form.
The site fees payable under a site agreement accrue from day to day.
If a site fee is paid in advance, and the site agreement ends before the end of the period for which the fee has been paid, the operator must refund the appropriate proportion of the amount paid to the home owner or apply it towards other liabilities of the home owner to the operator.
A home owner under a site agreement must pay the site fees payable under the agreement in the manner and at the place—
(a) specified in the site agreement, or
(b) agreed in writing between the operator and the home owner.
The operator must permit the home owner to pay site fees by at least one means for which the home owner does not incur a cost (other than bank fees or other account fees usually payable for the home owner’s transactions) and that is reasonably available to the home owner.
Maximum penalty (subsection (2)): 10 penalty units.
If a residential site becomes wholly uninhabitable, otherwise than as a result of a breach of the site agreement, the site fees abate accordingly until the earlier of the following occurs—
(a) the site becomes wholly habitable,
(b) the site agreement is terminated under this Act.
The site fees payable under a site agreement may be reduced—
(a) under a provision of the agreement, under which the site fees payable change automatically at specified intervals on a basis set out in the agreement, or
(b) by mutual agreement between the home owner and the operator.
Site fees may be reduced on a temporary basis so that, at the end of a specified period, the site fees revert to the level the fees would have been before the temporary reduction.
If the site fees are reduced by mutual agreement between the home owner and the operator, the terms of the site agreement are varied accordingly.
The Tribunal may, on application by the home owner under a site agreement, make an order that the site fees payable under the agreement be reduced by an amount the Tribunal considers appropriate if it is satisfied—
(a) the amenity or standard of the community’s common areas has decreased substantially since the agreement was entered into, or
(b) a communal facility or service provided at the community when the agreement was entered into has been withdrawn or substantially reduced, or
(c) a communal facility or service as follows has not been provided at the community—
(i) a communal facility or service described in advertising, done by or for the operator, of which the home owner was aware before the site agreement was entered into,
(ii) a communal facility or service described in a document made available to the home owner by the operator before the site agreement was entered into.
The Tribunal may consider any of the following documents for the purposes of subsection (1)—
(a) the site agreement,
(b) a disclosure statement or other document containing information about the community and provided to the home owner by the operator,
(c) any relevant advertising made available to the home owner by the operator before the site agreement was entered into,
(d) any other document that the Tribunal considers is relevant.
Site fees payable under a site agreement can be increased only if the increase is made in accordance with this Division.
A site agreement may provide that site fees payable under it may be increased in accordance with either of the following procedures—
(a) at specified intervals (or on specified dates) by a fixed method, which may be either—
(i) by fixed amounts, or
(ii) by a fixed calculation that does not use more than 1 element to calculate the increase,
Examples— • the increase is calculated using Consumer Price Index rates
• the increase is calculated using the variation in the age pension
(b) by notice (otherwise than by a fixed method).
This section applies to a site agreement that provides for the increase of the site fees by a fixed method.
A site agreement must not provide that the site fees may be increased by more than one fixed method. If more than one method is specified, the method that results in the lower or lowest increase of site fees is the applicable method.
The operator must not increase (or attempt to increase) the site fees that are to be increased according to a fixed method otherwise than in accordance with that method and this section.
Maximum penalty—50 penalty units.
The operator must give at least 14 days’ written notice to the home owner of any increase in site fees, even if the timing of the increase is specified in the site agreement.
The notice must—
(a) specify the amount of the increased site fees, and
(b) specify how the increased site fees have been calculated, and
(c) specify the day on and from which the increased site fees are payable, and
(d) include such other information as may be prescribed by the regulations, and
(e) be in the approved form (if any).
The home owner is not required to pay any increase in the site fees until notice of the increase is given as required by this section.
The terms of a site agreement fixing the method of future increases of site fees cannot be challenged under this Act. However—
(a) the terms of the agreement may be varied if the parties enter into a written agreement to do so, and
(b) this subsection does not affect any right that the home owner has, apart from this Act and the Civil and Administrative Tribunal Act 2013, to challenge any of the terms.
A home owner may be able to take action over unfair contract terms under the Australian Consumer Law of the Commonwealth.
A fixed method of increase may—
(a) be for a specified period or for the duration of occupancy of a residential site by a home owner, and
(b) have effect for longer than the term of a site agreement for a fixed term.
Site fees must not be increased under this section—
(a) if the fixed method is a fixed calculation that uses the variation in the age pension to calculate the increase—more than twice in a 12-month period, or
(b) otherwise—more than once in a 12-month period.
This section applies to a site agreement that provides for the increase of the site fees by notice (otherwise than by a fixed method).
An increase in the site fees is not payable unless the fees are increased in accordance with this section.
The site fees must not be increased except by notice in writing given to all the home owners in the same community at the same time under site agreements to which this section applies.
The notice must—
(a) specify the amount of the increased site fees, and
(b) specify the day (the
effective day ) on and from which the increased site fees are payable, and(c) include an explanation for the increase, and
(d) include such other information as may be prescribed by the regulations, and
(e) if the increase in site fees is wholly or partly attributable to the increase in the cost of specific items—
(i) include details of the items, and
(ii) include details of the increase in the cost of the items since the previous increase in site fees, and
(iii) include details of how the operator has apportioned the costs for the relevant items when calculating the increased site fees, and
(f) be in the approved form, if any.
The day specified as the effective day must not be earlier than 60 days after the day on which the notice was given.
Site fees must not be increased more than once in any 12-month period under this section. This is calculated by reference to the day from which the increased site fees are payable.
Increases under this section in site fees payable by home owners in the same community under site agreements to which this section applies must take effect on the same day (and not on different days).
A notice under this section may be cancelled.
A later notice may provide for a lesser increase than that specified in an earlier notice under this section. A later notice has effect instead of the earlier notice and takes effect from the date on which the earlier notice was to take effect.
If the site fees payable under a site agreement are increased under this section, the terms of the agreement are varied accordingly.
If a person becomes a home owner after a notice has been given under this section to other home owners in the community but before the date the increase takes effect—
(a) the operator must notify the home owner of the notice and its contents and effect, and
(b) the increase applies as if the notice had been given to the home owner at the same time as it was given to other home owners.
A home owner under a site agreement may apply to the Tribunal for an order directing the refund of overpaid site fees on the ground that the increase of site fees did not comply with a requirement of this Division.
The Tribunal may make any of the following orders—
(a) an order directing a refund to the home owner,
(b) an order directing a refund to any other home owner in the community who the Tribunal becomes aware also had a non-compliant increase of substantially the same kind,
(c) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.
An application under this section must be lodged no later than 12 months after notice of the increase was given to the home owner.
This section applies if site fees are increased by notice (otherwise than by a fixed method). However, this section does not apply to an increase in site fees objected to solely on the ground that the increase is substantially excessive when compared with increases for similar residential sites in the community.
An objection to an increase in site fees on the ground that the increase is excessive may be made by lodging an application for mediation under Division 2 of Part 12 signed by at least 25% (or a lower percentage prescribed by the regulations) of the home owners who received the notice within the first 30 days of the notice period, and not otherwise.
If subsection (3) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of any relevant investigator. The date on which evidence first came to the attention of any relevant investigator is the date specified in the court attendance notice or application, unless the contrary is established.
A contravention of a provision of this Act or the regulations for the breach of which a penalty is not specified does not give rise to an offence.
In this section—
An investigator may issue a penalty notice to a person if it appears to the investigator that the person has committed a penalty notice offence.
A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
The Fines Act 1996 applies to a penalty notice issued under this section.
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
For the purposes of this section, a
An individual commits an offence against this section if—
(a) another person (the
principal offender ) commits a principal offence, and(b) the individual—
(i) aids, abets, counsels or procures the commission of the principal offence, or
(ii) induces, whether by threats, promises or otherwise, the commission of the principal offence, or
(iii) conspires with others to effect the commission of the principal offence, or
(iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the principal offence, and
(c) if the principal offender is a corporation—the individual is—
(i) a director of the corporation, or
(ii) involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the principal offence.
Maximum penalty—The maximum penalty for the principal offence if committed by an individual.
The prosecution bears the legal burden of proving the elements of the offence against this section.
The offence against this section can only be prosecuted by a person who can bring a prosecution for the principal offence.
This section does not affect the liability of the principal offender for the principal offence and applies whether or not the principal offender is prosecuted for, or convicted of, the principal offence.
This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of a corporation) who are concerned in, or party to, the commission of the principal offence.
An investigator may exercise the powers conferred by this section for the purposes of—
(a) investigating whether the provisions of this Act or the regulations are being complied with, or
(b) obtaining evidence, documents or information in relation to a matter that constitutes or may constitute a contravention of this Act or the regulations.
An investigator may enter any premises (including an office or other place for administering or managing a community) at any reasonable time and may inspect and do any one or more of the following—
(a) require any person on those premises to produce any documents in the possession or under the control of the person in written form and inspect those documents,
(b) take copies of or extracts from, or make notes from, any such documents and, for that purpose, take temporary possession of any such documents,
(c) take such photographs, films and audio, video and other recordings as the investigator considers necessary,
(d) require any person on those premises to answer questions or otherwise furnish information in relation to a contravention of this Act or the regulations,
(e) require the owner or occupier of those premises to provide the investigator with such assistance and facilities as are reasonably necessary to enable the investigator to exercise the functions of an investigator under this Division.
An investigator is not entitled to enter a part of premises used for residential purposes except—
(a) with the consent of the occupier, or
(b) under the authority of a search warrant.
An investigator may not exercise a function under this Division unless the investigator produces identification, in the approved form, to the person apparently in charge of those premises or apparently in charge of any work being performed on those premises.
If an investigator believes on reasonable grounds that a person is capable of giving information, producing documents, or giving evidence in relation to a matter that constitutes, or may constitute, an offence under this Act or the regulations, the investigator may, by written notice given to the person, require the person—
(a) to provide an investigator with any such information in writing signed by the person (or, in the case of a corporation, by a competent officer of the corporation) and given to the investigator within the time and in the manner specified in the notice, or
(b) to produce to an investigator, in accordance with the notice, any such documents, or
(c) to appear before an investigator at a time and place specified in the notice and give any such evidence, either orally or in writing, and produce any such documents.
A person must not—
(a) without reasonable excuse, refuse or fail to comply with any notice given or requirement made, or to answer any question asked, by an investigator under this Division, or
(b) provide information or give evidence in purported compliance with a requirement made or question asked by an investigator under this Division knowing the information or evidence to be false or misleading in a material particular, or
(c) wilfully delay, hinder or obstruct an investigator in the exercise of the investigator’s functions under this Division.
Maximum penalty—20 penalty units.
Despite any other provision of this Division, an individual is excused from answering any question, providing any information, giving evidence or producing or permitting the inspection of a document in accordance with this Division on the ground that the answer, information, evidence or document may tend to incriminate the individual.
If an investigator takes possession of any documents under this Division for the purpose of obtaining evidence or protecting evidence from destruction, they may be retained by the investigator until the completion of proceedings (including proceedings on appeal) in which they may be evidence.
The person from whom the documents are taken must be provided, within a reasonable time after the documents are taken, with a copy of the documents certified by an investigator as a true copy.
An investigator may apply to an issuing officer for the issue of a search warrant for premises if the investigator believes on reasonable grounds—
(a) that a provision of this Act or the regulations is being or has been contravened on the premises or in the community to which the premises are related, or
(b) that there is on the premises evidence of a contravention of this Act or the regulations.
An issuing officer to whom an application for a search warrant is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an investigator named in the warrant and any other person named in the warrant—
(a) to enter the premises concerned, and
(b) to search the premises for evidence of a contravention of this Act or the regulations.
A police officer may accompany an investigator who enters premises and searches for evidence under a search warrant as if the police officer were named in the warrant.
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
In this section—
A notice or document required or authorised to be given to a person under this Act may be—
(a) sent by post addressed to the person, or an agent of the person, at the last known address of the person or agent, or
(b) given personally—
(i) to the person, or
(ii) to an agent of the person, or
(c) if the person is a resident—given by delivering it to the residential site and leaving it there with a person apparently of or above the age of 16 years, or
(d) if the person is an operator—given personally to an employee of the person, or
(e) if the person has agreed to notices or documents being given by email—sent to an email address provided by the person, or
(e1) if the person has agreed to notices or documents being given by other electronic means—sent to an electronic address or location provided by the person, or
(f) left in a mailbox at the last known address of the person, or
(g) given in such other manner as may be prescribed by the regulations for the purposes of this section or approved by the Tribunal.
Service under—
(a) subsection (1)(a) is taken to be effected as provided for by section 76 of the Interpretation Act 1987, and
(b) subsection (1)(b), (c) or (d) is taken to be effected on the day the notice or document is given, and
(c) subsection (1)(e) or (e1) is taken to be effected on the day the notice or document is sent, and
(d) subsection (1)(f) is taken to be effected on the day the notice or document is left in the mailbox, and
(e) subsection (1)(g) is taken to be effected on the day provided for by the regulations or the Tribunal.
However, a notice or document is not validly given to a person unless it is sent by post addressed to the person at a particular address if—
(a) the person is a resident, and
(b) the notice or document is to be given by an operator, and
(c) the person has requested an operator to send notices or documents to the person by post to that address and cancellation of the request has not been communicated in writing to the operator.
If 2 or more persons are the operators of the same community or are home owners of the same residential site, a notice or other document is duly given if given to any one of them.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.
(Repealed)
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Section 54)
An operator must have a knowledge and understanding of—
(a) the legislation, which in these rules refers to—
(i) the Residential (Land Lease) Communities Act 2013 and regulations under the Act, each as in force from time to time, and
(ii) the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (or its replacement), as in force from time to time, and
(b) such other laws relevant to the management of a community (including, laws relating to residential tenancy, fair trading, trade practices, anti-discrimination and privacy) as may be necessary to enable the operator to exercise his or her functions as operator lawfully.
An operator must act honestly, fairly and professionally with all parties in a negotiation or transaction carried out as operator.
An operator must not mislead or deceive any parties in negotiations or a transaction carried out as operator.
An operator must exercise reasonable skill, care and diligence.
An operator must not engage in high pressure tactics, harassment or harsh or unconscionable conduct.
An operator must not, at any time, use or disclose any confidential information obtained while acting on behalf of a resident (which in this rule includes a prospective resident or former resident) or dealing with a resident, unless—
(a) the resident authorises disclosure, or
(b) the operator is permitted or compelled by law to disclose.
An operator must take reasonable steps to ensure persons employed in the operation of a residential community comply with the legislation.
An operator, when acting as a selling agent for more than one home in a community, must act fairly and advise prospective home owners of the details of all available homes in the community.
An operator must not solicit prospective residents through advertisements or other communications that the operator knows or should know are false or misleading.
An operator must not submit or tender to any person for signature a document, or cause or permit any document to be submitted or tendered to any person for signature, unless at the time of submission or tendering of the document all material particulars have been inserted in the document.
An operator must not falsely represent to a person the nature or effect of a provision of the legislation.
An operator must not, either expressly or impliedly, falsely represent, whether in writing or otherwise, to a person that a particular form of agreement or any term of such an agreement is required by the legislation.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act amending this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
A reference in a provision of this Part to the Tribunal is to be read as a reference to the Consumer, Trader and Tenancy Tribunal or, if the provision becomes operative on or after the establishment day (within the meaning of the Civil and Administrative Tribunal Act 2013), the Civil and Administrative Tribunal.
Subject to this Act, each person, thing and circumstance appointed or created under the repealed Act or existing or continuing under that Act immediately before the commencement of the relevant provisions of this Act continues to have the same status, operation and effect as it would have had if this Act had not been enacted.
If current registrable information about a residential park was included in the register of residential parks under the repealed Act and operative immediately before the commencement of the relevant provisions of this Act, the park is taken to be registered as a community under this Act.
However, the Commissioner may require appropriate persons to provide particulars for inclusion in the Register of Communities under this Act.
Agreements entered into under the repealed Act that have not been terminated remain valid after the commencement of the relevant provisions of this Act.
Accordingly, an existing agreement continues without the need to sign a new agreement once this Act commences.
Without limiting subclause (1), a term of an agreement entered into under the repealed Act that provides for the increase of site fees by a fixed method (however expressed) remains in force after the commencement of the relevant provisions of this Act.
A residential site agreement, moveable dwelling agreement or NPWS agreement (other than an excluded agreement) in force immediately before the repeal of the repealed Act is taken, on that repeal, to be a site agreement between the resident (as or on behalf of the home owner) and the park owner (as operator of the community in which the home is located).
An excluded agreement in force immediately before the repeal of the repealed Act is taken, on that repeal, to be a tenancy agreement.
This clause does not validate a term of an agreement entered into under the repealed Act that was void under that Act.
In this clause—
Any proceedings before the Tribunal or a court that were commenced before the commencement of the relevant provisions of this Act but have not been determined before that commencement are to be determined in accordance with the repealed Act.
Any order of a Tribunal or court made under or for the purposes of the repealed Act and operative immediately before the repeal of the relevant provisions of that Act continues in force despite that repeal.
Any termination notice issued under the repealed Act and operative immediately before the repeal of the relevant provisions of that Act is taken to have been issued under this Act, unless proceedings referred to in clause 6 arising from the issue of the notice are to be determined in accordance with the repealed Act as provided in that clause.
A valid notice issued under the repealed Act in relation to a rent increase operates in the same way as a corresponding notice issued for a site fee increase under this Act, even if the increase had not taken effect at the commencement of the relevant provisions of this Act.
Any dispute about an increase to which such a notice was issued and for which an application was not pending at that commencement is to be dealt with in accordance with this Act.
The provisions of Part 6 of this Act that provide that site fees must not be increased more than once in any 12-month period apply in relation to site agreements operative at that commencement.
If notice for closure or change of use under the repealed Act has been given and compensation to any residents affected has not yet been paid at the commencement of the relevant provisions of this Act, this Act applies in relation to the compensation.
Any goods left behind by a former resident under the repealed Act that have not already been sold or otherwise dealt with at the commencement of the relevant provisions of this Act are to be dealt with in accordance with this Act.
Any administrators appointed under the repealed Act are taken to be administrators under this Act.
Any enforcement action for offences under the repealed Act, including penalty notices issued, is not affected by the repeal of that Act.
Any delegations made by the Director-General of the Department of Finance and Services under the repealed Act and in force immediately before the commencement of the relevant provisions of this Act are taken to be delegations made by the Commissioner under this Act.
Any fees and charges which were validly paid or received under the repealed Act are not affected by this Act.
Any new fee or charge permitted by this Act does not apply to any agreement entered into before the commencement of the relevant provisions of this Act.
Fees for late payment of utility charges are not payable for utilities unpaid at the commencement of the relevant provisions of this Act.
This Act does not affect any contract for the sale of a home that was entered into before the commencement of the relevant provisions of this Act.
This Act does not affect the appointment of a person made before the commencement of the relevant provisions of this Act for the sale of a home.
This Act does not require a home owner to inform the operator of the community of the intention to sell the home if the home is being advertised for sale at the commencement of the relevant provisions of this Act.
The disclosure statement and approved information referred to in Part 4 of this Act is required to be given to a person who is a prospective home owner at the commencement of the relevant provisions of this Act, even if the person had received information under the repealed Act.
Any residents committee established under the repealed Act and in existence at the commencement of the relevant provisions of this Act is taken to be a residents committee under this Act.
Any Park Liaison Committee established under the repealed Act and in existence at the commencement of the relevant provisions of this Act is taken to be a residents committee under this Act, excluding any management representatives, unless the park already has a residents committee. Otherwise, it is dissolved.
Park rules made under the repealed Act and operative at the commencement of the relevant provisions of this Act are taken to be community rules under this Act and are to be complied with and enforced accordingly.
Any notice given under the repealed Act and operative at the commencement of the relevant provisions of this Act to amend park rules is taken to have been given under this Act.
Park rules that formed part of agreements under the repealed Act are, after the commencement of the relevant provisions of this Act, taken to no longer be terms of those agreements.
Notices validly served under the repealed Act before the commencement of the relevant provisions of this Act are taken to have been validly served under this Act.
In this part—
(a) replaces an existing site agreement that provides for the increase of the site fees payable under the agreement by a fixed method that does not comply with amended sections 65 and 66, and
(b) complies with requirements of the Act as in force from the commencement.
(a) vary the fixed method by which site fees are increased under the existing site agreement so that it complies with amended sections 65 and 66, or
(b) vary the terms of the existing site agreement to provide for the increase of site fees by notice under section 67.
This clause applies in relation to an existing site agreement if, on the commencement day, the agreement provides for the increase of the site fees payable under the agreement by a fixed method that does not comply with amended sections 65 and 66.
Despite amended sections 65 and 66, previous sections 65 and 66 continue to apply in relation to the increase of site fees under the existing site agreement until the earlier of the following—
(a) the transition day,
(b) the day on which the parties to the existing site agreement enter into either—
(i) a variation agreement for the existing site agreement, or
(ii) a compliant site agreement.
This clause applies if the parties to the existing site agreement have not entered into a variation agreement or compliant site agreement by the transition day.
From the transition day, despite the terms of the existing site agreement—
(a) clause 22 stops applying in relation to the existing site agreement, and
(b) the site fees payable under the existing site agreement may only be increased by notice, and
(c) section 67 applies to the site agreement as if the site agreement provides for the increase of the site fees by notice.
This clause applies if the parties to the existing site agreement enter into a variation agreement or compliant site agreement after the transition day.
On and from the day the parties enter into the variation agreement or compliant site agreement and subject to Part 6, Division 3—
(a) if the parties entered into a variation agreement for the existing site agreement—
(i) clause 23 stops applying in relation to the increase of site fees payable under the existing site agreement, and
(ii) site fees payable under the existing agreement are to be increased in accordance with the existing site agreement as varied by the variation agreement, or
(b) if the parties entered into a compliant site agreement—site fees payable under the compliant site agreement are to be increased in accordance with the terms of the compliant site agreement.
(Repealed)
Residential (Land Lease) Communities Act 2013 No 97. Assented to 20.11.2013. Date of commencement, 1.11.2015, sec 2 and 2015 (446) LW 7.8.2015. This Act has been amended as follows—
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.34, 4.7.2014, sec 2 (1). | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 1.23, 8.1.2015, sec 2 (1). | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Schs 1.23 and 2, 8.7.2015, sec 2 (1). | |
No 24 | Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.35, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017. | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 1, 1.3.2016, sec 2 (2) and 2015 (798) LW 18.12.2015. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3); date of commencement of Sch 4, 7 days after assent, sec 2 (1). | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement of Sch 2.12, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 79 | Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 3, 1.7.2020, sec 2. | |
No 25 | Better Regulation Legislation Amendment Act 2020. Assented to 28.9.2020. Date of commencement of Sch 2.7, assent, sec 2. | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 46 | Residential (Land Lease) Communities Amendment Act 2024. Assented to 24.6.2024. Date of commencement of Sch 1[1]–[21] and [24]–[33], 25.9.2024, sec 2 and 2024 (400) LW 23.8.2024; date of commencement of Sch 1[22] and [23], 11.12.2024, sec 2 and 2024 (400) LW 23.8.2024. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 4 | Am 2013 No 95, Sch 4.31 [1]; 2014 No 88, Sch 1.23 [1]; 2017 No 22, Sch 4.40 [1] [2]; 2022 No 59, Sch 3.59[1]; 2024 No 46, Sch 1[1] [2]. |
Sec 8 | Am 2014 No 33, Sch 2.34; 2015 No 50, Sch 4.20; 2021 No 7, Sch 4.15. |
Sec 20 | Am 2017 No 22, Sch 4.40 [1]; 2022 No 59, Sch 3.59[2]. |
Part 4, Div 3 | Ins 2024 No 46, Sch 1[3]. |
Sec 34A | Ins 2024 No 46, Sch 1[3]. |
Sec 34B | Ins 2024 No 46, Sch 1[3]. |
Sec 34C | Ins 2024 No 46, Sch 1[3]. |
Sec 34D | Ins 2024 No 46, Sch 1[3]. |
Sec 34E | Ins 2024 No 46, Sch 1[3]. |
Sec 37 | Am 2015 No 24, Sch 8.35; 2024 No 46, Sch 1[4]. |
Sec 39 | Am 2024 No 46, Sch 1[5]–[7]. |
Sec 42 | Am 2024 No 46, Sch 1[8] [9]. |
Sec 43 | Am 2024 No 46, Sch 1[10]. |
Sec 49A | Ins 2024 No 46, Sch 1[11]. |
Sec 65 | Am 2024 No 46, Sch 1[12]. |
Sec 66 | Am 2013 No 95, Sch 4.31 [2]; 2024 No 46, Sch 1[13]. |
Sec 67 | Am 2024 No 46, Sch 1[14]. |
Sec 74 | Am 2024 No 46, Sch 1[15]. |
Sec 75A | Ins 2024 No 46, Sch 1[16]. |
Sec 77 | Subst 2024 No 46, Sch 1[17]. |
Sec 77A | Ins 2024 No 46, Sch 1[18]. |
Sec 78 | Am 2024 No 46, Sch 1[19]–[21]. |
Sec 83 | Subst 2024 No 46, Sch 1[22]. |
Sec 84 | Subst 2024 No 46, Sch 1[23]. |
Sec 85 | Am 2024 No 46, Sch 1[21] [24] [25]. |
Sec 85A | Ins 2024 No 46, Sch 1[26]. |
Sec 93 | Am 2016 No 27, Sch 2.39. |
Sec 109 | Am 2024 No 46, Sch 1[27]. |
Sec 110 | Rep 2024 No 46, Sch 1[28]. |
Sec 111 | Rep 2024 No 46, Sch 1[28]. |
Sec 112 | Am 2015 No 15, Sch 2.47; 2018 No 5, Sch 2.12. |
Sec 114 | Am 2023 No 7, Sch 3.24. |
Sec 118 | Am 2014 No 88, Sch 1.23 [2]. |
Sec 127 | Am 2024 No 46, Sch 1[29] [30]. |
Sec 128 | Rep 2024 No 46, Sch 1[31]. |
Sec 134 | Am 2013 No 95, Sch 4.31 [3]; 2015 No 15, Sch 1.23. |
Sec 138 | Am 2015 No 48, Sch 1.24 [1]–[3]. |
Sec 139 | Am 2024 No 46, Sch 1[32]. |
Part 11, Div 7, heading | Am 2018 No 79, Sch 3.6[1]. |
Sec 143 | Rep 2018 No 79, Sch 3.6[2]. |
Sec 175 | Am 2013 No 95, Sch 2.129. |
Sec 177 | Subst 2017 No 22, Sch 3.63. |
Sec 183 | Am 2020 No 25, Sch 2.7[1] [2]. |
Sec 184 | Am 2024 No 25, Sch 6.16[1]–[4]. |
Sec 186 | Rep 1987 No 15, sec 30C. |
Sch 2 | Am 2013 No 95, Sch 4.31 [4]; 2024 No 46, Sch 1[33]. |
Sch 3 | Rep 1987 No 15, sec 30C. |
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