Residential Tenancies Act 2010 (NSW)
Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 [Non-government Bill— the Hon Emma Hurst, MLC]
Residential Tenancies Amendment (Protection of Personal Information) Bill 2025
Victims Rights and Victims of Crime Commissioner Bill 2025
An Act with respect to the rights and obligations of landlords and tenants, rents, rental bonds and other matters relating to residential tenancy agreements; and for other purposes.
This Act is the Residential Tenancies Act 2010.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) the person who grants the right to occupy residential premises under a residential tenancy agreement, or
(b) a successor in title to the residential premises whose interest is subject to the interest of the tenant, or
(c) a tenant who has granted the right to occupy residential premises to a sub-tenant,
and includes a prospective landlord.
(a) the letting of residential premises, or
(b) the collection of rents payable for any tenancy of residential premises.
A person who acts as such an agent is required to be licensed under the Property and Stock Agents Act 2002.
Land on which there is no residence cannot be subject to a tenancy or other provisions under this Act.
(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.
(a) that satisfies an Australian Standard prescribed by the regulations (if any) dealing with electrical, gas, oil or water metering equipment, and
(b) that has been installed in accordance with the manufacturer’s instructions for installation or industry practice, and
(c) that measures the quantity of electricity, gas, oil or water that is supplied to, or used at, only those residential premises, and
(d) that enables a separate bill to be issued by the supplier for all charges for the supply and use of the electricity, gas, oil or water at those residential premises, and
(e) if the meter is to measure the supply of electricity—in respect of which an NMI, within the meaning of the National Energy Retail Law (NSW), has been assigned, and
(f) if the meter is to measure the supply of gas—in respect of which an MIRN or a delivery point identifier, within the meaning of the National Energy Retail Law (NSW), has been assigned.
(a) the person who has the right to occupy residential premises under a residential tenancy agreement, or
(b) the person to whom such a right passes by transfer or operation of the law, or
(c) a sub-tenant of a tenant,
and includes a prospective tenant.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
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.
(Repealed)
This Act applies to residential tenancy agreements in respect of residential premises whether made before or after the commencement of this section.
This Act does not apply in respect of the following premises—
(a) premises to which the Landlord and Tenant (Amendment) Act 1948 applies,
(b) premises used to provide residential care or respite care within the meaning of the Aged Care Act 1997 of the Commonwealth,
(c) serviced apartments, that is, buildings or parts of buildings used to provide self-contained tourist and visitor accommodation that are regularly cleaned by or on behalf of the owner or manager,
(d) premises used as a hotel or motel,
(e) premises used as a backpackers’ hostel,
(f) a hospital or nursing home,
(g) any part of a club used for the provision of temporary accommodation,
(h) premises used for residential purposes, if the predominant use of the premises is for the purposes of a trade, profession, business or agriculture.
This Act does not apply to the following agreements—
(a) occupation agreements to which the Holiday Parks (Long-term Casual Occupation) Act 2002 applies,
(b) residence contracts within the meaning of the Retirement Villages Act 1999,
(ba) site agreements within the meaning of the Residential (Land Lease) Communities Act 2013,
(bb) short-term rental accommodation arrangements, within the meaning of section 54A of the Fair Trading Act 1987, under which the person given the right to occupy the residential premises to which the arrangement relates does not occupy the premises as the person’s principal place of residence,
(c) an agreement under which a person boards or lodges with another person,
(d) an agreement under which a person resides in refuge or crisis accommodation of a kind prescribed by the regulations,
(e) leases and licences under the Crown Land Management Act 2016,
(f) an agreement for the sale of land that confers a right to occupy residential premises on a party to the agreement,
(g) an agreement that arises under a term of a mortgage and confers a right to occupy residential premises on a party to the mortgage,
(h) (Repealed)
(i) an agreement that arises under a company title scheme under which a group of adjoining or adjacent premises is owned or leased by a corporation each of whose shareholders has, by virtue of his or her shares, an exclusive right to occupy one or more of the residential premises,
(j) an agreement having a term, together with the term of any further agreement that may be granted under an option in respect of it, that is equal to or exceeds 99 years.
(Repealed)
This Act applies to any agreement to rent premises anywhere, including in a caravan park regulated under the Local Government Act 1993 or a community within the meaning of the Residential (Land Lease) Communities Act 2013.
An agreement or arrangement under which a person is given the right to occupy premises for the purpose of a residence in return for, or as part of remuneration for, carrying out work in connection with the premises or the person’s employment is taken to be a residential tenancy agreement.
This section applies even if the premises are part of premises referred to in section 7 or other premises exempted from this Act by the regulations,
However, this section does not apply to a person employed as a manager or another full-time employee in a community within the meaning of the Residential (Land Lease) Communities Act 2013.
A person who occupies residential premises that are subject to a written residential tenancy agreement, is not named as a tenant in the agreement and who occupies the premises together with a named tenant is a tenant for the purposes of this Act only if—
(a) a tenant under that agreement transfers the tenancy to the person or the person is recognised as a tenant (see Part 4), or
(b) the person is a sub-tenant of a tenant under a written residential tenancy agreement with that tenant.
Boarders and lodgers are not covered by this Act (see section 8(1)(c)).
An occupier may be recognised as a tenant (see sections 77 and 79).
The Tribunal may, on application by the Secretary or another person, make an order declaring that a specified agreement is, or is not, a residential tenancy agreement to which this Act applies or that specified premises are, or are not, premises to which this Act applies.
Under section 195, the Secretary may intervene in proceedings before the Tribunal that are brought by another person.
The regulations may exempt from the operation of this Act or the regulations or any specified provision of this Act or the regulations any specified person, agreement or premises or any specified class of persons, agreements or premises.
An exemption may be unconditional or subject to conditions.
A
A residential tenancy agreement may be express or implied and may be oral or in writing, or partly oral and partly in writing.
An agreement may be a residential tenancy agreement for the purposes of this Act even though—
(a) it does not grant a right of exclusive occupation, or
(b) it grants the right to occupy residential premises together with the letting of goods or the provision of services or facilities.
See section 8 for agreements that are not covered by this Act. Section 7 sets out premises not covered by this Act.
For the purpose of determining whether an agreement is a residential tenancy agreement, it does not matter that the person granted the right of occupation is a corporation if the premises are used (or intended for use) as a residence by a natural person.
The landlord under a residential tenancy agreement must ensure that the agreement is in writing at the commencement of the agreement.
This section does not—
(a) impose any obligation on a tenant to prepare a written residential tenancy agreement, or
(b) affect the enforceability of a residential tenancy agreement that is not in writing or is only partly in writing.
If a landlord fails to comply with this section, the landlord is not entitled to terminate the residential tenancy agreement on a ground set out in sections 87E–87M during the first 6 months of the tenancy.
The Tribunal may order a landlord to enter into a written residential tenancy agreement (see section 16).
The regulations may prescribe a standard form of residential tenancy agreement.
The regulations may provide for the following—
(a) the terms of the agreement,
(b) more than one standard form of residential tenancy agreement for use for different classes of residential premises, agreements or parties,
(c) the addition of clauses to, or the omission or variation of terms contained in, a standard form of residential tenancy agreement in specified circumstances,
(d) the application of terms of standard forms of residential tenancy agreement to agreements entered into before the regulations prescribing those standard forms took effect.
A standard form of residential tenancy agreement must be consistent with this Act and the regulations.
A residential tenancy agreement for which a standard form is prescribed may include additional terms, but only if—
(a) the terms do not contravene this Act or the regulations or any other Act, and
(b) the terms are not inconsistent with the terms set out in the standard form.
A residential tenancy agreement of a kind for which a standard form is prescribed is taken to include the terms of the standard form.
This section is subject to this Act.
Section 20 allows terms otherwise included by this Act to be excluded or modified in residential tenancy agreements having a fixed term of 20 years or more.
The Tribunal may, on application by a tenant, order the landlord to prepare and enter into a written residential tenancy agreement.
The order may—
(a) specify the terms of the agreement, and
(b) specify a commencement date for the agreement that occurred before the order was made.
The Tribunal may make an order under this section only if it is satisfied that the landlord and tenant are subject to an existing residential tenancy agreement that is not in writing or is only partly in writing and that the tenant is not holding over under a previous written fixed term agreement.
If a residential tenancy agreement has been signed by a tenant and given to the landlord or a person on the landlord’s behalf and has not been signed by the landlord—
(a) acceptance of rent by or on behalf of the landlord without reservation, or
(b) any other act of part performance of the agreement by or on behalf of the landlord,
gives to the document the same effect it would have if it had been signed by the landlord on the first day in respect of which rent 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.
A fixed term agreement that continues after the day on which the fixed term ends continues to apply—
(a) as if the term of the agreement were replaced by a periodic agreement, and
(b) on the same terms as immediately before the end of the fixed term.
A landlord and tenant may also enter a further agreement for a further fixed term tenancy.
A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.
Terms having the following effects must not be included in a residential tenancy agreement—
(a) that the tenant must, at the end of the tenancy—
(i) have the carpet professionally cleaned or pay for the carpet to be professionally cleaned, or
(ii) have the premises, or part of the premises, professionally fumigated or pay for the premises, or part of the premises, to be professionally fumigated,
(b) that the tenant must take out a specified, or any, form of insurance,
(c) exempting the landlord from liability for any act or omission by the landlord, the landlord’s agent or any person acting on behalf of the landlord or landlord’s agent,
(d) that, if the tenant breaches the agreement, the tenant is liable to pay all or any part of the remaining rent under the agreement, increased rent, a penalty or liquidated damages,
(e) that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit,
(f) that the tenant must use the services of a specified person or business to carry out any of the tenant’s obligations under the agreement.
Section 15 also prohibits certain additional terms from being included in a residential tenancy agreement for which a standard form is prescribed.
Subsection (2)(a) does not prevent a reasonable condition being imposed by a landlord in a consent granted under Part 3, Division 8.
A fixed term agreement for a fixed term of 20 years or more may—
(a) provide that terms that would otherwise be included in the agreement by this Act or the regulations (
mandatory terms ) do not apply, or are varied as provided by the agreement, and(b) include terms that would otherwise be prohibited by this Act or the regulations.
However, any such agreement must not exclude or modify any of the following—
(a) any term included by this Act relating to the payment of rates, taxes and charges by the landlord,
(b) the prohibition against more than one rent increase a year,
(c) any right under this Act to make an application to the Tribunal,
(d) the grounds on which a residential tenancy agreement may be terminated under this Act,
(e) any other term prescribed by the regulations for the purposes of this section.
The Tribunal may, on application by a tenant under a fixed term agreement for a fixed term of 20 years or more, make an order declaring that—
(a) a mandatory term does form part of the agreement, or
(b) a prohibited term is not included in an agreement, or
(c) a mandatory or prohibited term included in the agreement is varied as specified by the declaration.
The Tribunal may make an order if it is of the opinion that the inclusion or variation of a term, or failure to include a term, is unconscionable, unjust, harsh or oppressive.
This section has effect despite any other provision of this Act.
A term of a residential tenancy agreement is void to the extent to which it—
(a) is inconsistent with any term included in the agreement by this Act or the regulations, or
(b) is prohibited by this Act or the regulations.
The Tribunal may, on application by a landlord or a tenant, make an order declaring that a term of a residential tenancy agreement is void or partly void if satisfied that the term is inconsistent with any term included in the agreement by this Act or the regulations or is prohibited by this Act or the regulations.
A landlord, or landlord’s agent, must ensure that a written residential tenancy agreement—
(a) is in the standard form (if any) prescribed by the regulations for the agreement and contains any other terms required to be included by this Act or the regulations, and
(b) does not contain any terms prohibited by this Act or the regulations.
Maximum penalty—20 penalty units.
A landlord or landlord’s agent must not advertise or otherwise offer residential premises for rent unless a fixed amount of rent for the premises is stated in the advertisement or offer.
Maximum penalty—
(a) for an individual—50 penalty units, or
(b) otherwise—100 penalty units.
A person does not contravene subsection (1) merely by placing a sign on or near the residential premises for rent without stating the amount of rent for the premises on the sign.
A person must not solicit or otherwise invite an offer of an amount of rent for residential premises, whether directly or indirectly, that is higher than the advertised amount of rent for the premises.
Maximum penalty—
(a) for an individual—50 penalty units, or
(b) otherwise—100 penalty units.
The regulations may provide for matters relating to the provision of information by a person, at the times and in the way and form approved by the Secretary, for the purposes of monitoring the operation of this section.
A person must not require or receive from a tenant, before or when the tenant enters into the residential tenancy agreement, a payment other than the following—
(a) a holding fee,
(b) rent,
(c) a rental bond,
(d) an amount for the fee, if any, payable for registration of a residential tenancy agreement under the Real Property Act 1900.
Maximum penalty—20 penalty units.
Without limiting this section, a person must not require or receive from a tenant an amount for—
(a) the preparation of a written residential tenancy agreement, or
(b) the conduct of a background check.
Maximum penalty—20 penalty units.
To avoid doubt, this section applies in relation to a tenant whether or not the tenant—
(a) applies for tenancy of the residential premises, or
(b) enters into a residential tenancy agreement for the residential premises.
A
A person must not require or receive from a tenant a holding fee unless—
(a) the tenant’s application for tenancy of the residential premises has been approved by the landlord, and
(b) the fee does not exceed 1 week’s rent of the residential premises (based on the rent under the proposed residential tenancy agreement).
Note. A
tenant is defined in this Act as including a prospective tenant.
A person who receives a holding fee must give the tenant a written receipt setting out the following—
(a) the amount paid and the date on which it was paid,
(b) the address of the residential premises,
(c) the names of the landlord and the tenant.
If a tenant has paid a holding fee, the landlord must not enter into a residential tenancy agreement for the residential premises with any other person within 7 days of payment of the fee (or within such further period as may be agreed with the tenant) unless the tenant notifies the landlord that the tenant no longer wishes to enter into the residential tenancy agreement.
A holding fee may be retained by the landlord only if the tenant enters into the residential tenancy agreement or refuses to enter into the residential tenancy agreement.
Despite subsection (4), a holding fee must not be retained by the landlord if the tenant refuses to enter into the residential tenancy agreement because of a misrepresentation or failure to disclose a material fact by the landlord or landlord’s agent.
If a residential tenancy agreement is entered into after payment of a holding fee, the fee must be paid towards rent.
Maximum penalty—20 penalty units.
The Tribunal may, on application by a person who has paid, or required or received payment of, a holding fee, make an order in relation to the payment or repayment of the fee.
A person may make an application under this section whether or not the prospective residential tenancy agreement was executed.
A landlord or landlord’s agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations.
A landlord or landlord’s agent must disclose the following to the tenant before the tenant enters into the residential tenancy agreement—
(a) any proposal to sell the residential premises, if the landlord has prepared a contract for sale of the residential premises,
(b) that a mortgagee is taking action for possession of the residential premises, if the mortgagee has commenced proceedings in a court to enforce a mortgage over the premises.
If the residential tenancy agreement relates to residential premises that comprise or include a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015)—a landlord or landlord’s agent must, before the tenant enters into the residential tenancy agreement—
(a) give the tenant a copy of the by-laws for the strata scheme, and
(b) if a strata renewal committee is currently established in relation to the strata scheme under the Strata Schemes Development Act 2015, disclose that fact to the tenant.
Subsections (2) and (2A)(b) do not apply to a landlord’s agent unless the agent is aware of the matters required to be disclosed.
A landlord or landlord’s agent must give a tenant an information statement in the approved form before the tenant enters into the residential tenancy agreement.
Maximum penalty—20 penalty units.
A landlord must give the tenant written notice of the following matters before or when the tenant enters into the residential tenancy agreement or include the following matters in the agreement—
(a) the name and telephone number or other contact details of the landlord,
(a1) if the landlord does not ordinarily reside in New South Wales, the State, Territory or, if not in Australia, country in which the landlord ordinarily resides,
(a2) if there is a landlord’s agent, the name, telephone number and business address of the landlord’s agent,
(b) if there is no landlord’s agent, the business address, or residential address, and telephone number, of the landlord,
(c) if the landlord is a corporation, the name and the business address of the corporation.
A landlord must notify the tenant in writing within 14 days of any change during the residential tenancy agreement in the information provided under this section.
This section is a term of every residential tenancy agreement.
The landlord or landlord’s agent must give the tenant a copy of the residential tenancy agreement before or when the tenant gives the signed copy of the agreement to the landlord or landlord’s agent.
If that copy is not signed by the landlord, the landlord or landlord’s agent must give the tenant a copy of the residential tenancy agreement signed by both the landlord and tenant, as soon as practicable after it is so signed.
Maximum penalty—20 penalty units.
A condition report relating to the condition of residential premises on a day specified in the report must be completed by or on behalf of a landlord before or when the residential tenancy agreement is given to the tenant for signing.
The landlord or landlord’s agent must, before or at the time the tenant signs the residential tenancy agreement, give to the tenant 2 copies, or one electronic copy, of the completed condition report.
Maximum penalty—20 penalty units.
The tenant must complete and give one copy of the condition report to the landlord or landlord’s agent not later than 7 days after taking possession of the residential premises and both the landlord and the tenant must retain a copy of the report.
Subsection (3) does not apply to the tenant if the landlord or landlord’s agent has failed to give to the tenant copies of the condition report in accordance with this section.
At, or as soon as reasonably practicable after, the termination of a residential tenancy agreement, the landlord or landlord’s agent and the tenant must complete the copy of the condition report retained by the landlord or the tenant under this section, in the presence of the other party.
It is not a breach of subsection (4) for the condition report to be completed in the absence of the other party if the party completing the report has given the other party a reasonable opportunity to be present when it is completed.
A condition report is to be in the form prescribed by the regulations and may be included in a prescribed standard form of residential tenancy agreement.
A condition report that is signed by both the landlord and the tenant is presumed to be a correct statement, in the absence of evidence to the contrary, of the state of repair or general condition of the residential premises on the day specified in the report.
This section does not apply—
(a) to any matter that could not have reasonably been discovered on a reasonable inspection of the premises, or
(b) to any statement in the report about which the tenant makes a written dissenting comment on the copy of the report completed by the tenant and retained by the landlord.
The Tribunal may, on application by a landlord or tenant, make the following orders—
(a) an order that a condition report must be amended,
(b) an order that a condition report is not required to be amended.
A landlord must not enter into a residential tenancy agreement unless the landlord or the landlord’s agent has signed an acknowledgment on the residential tenancy agreement that the landlord has read and understood the contents of an information statement in the approved form that sets out the landlord’s rights and obligations under this Act and any other Act or law in relation to the proposed residential tenancy (a
Maximum penalty—20 penalty units.
A landlord’s agent must not sign an acknowledgment on the residential tenancy agreement unless the landlord’s agent has first obtained from the landlord a statement in writing that the landlord has read and understood the contents of the rights and obligations information statement.
Maximum penalty—20 penalty units.
A person must not require or receive from a tenant any payment for or in relation to renewing, extending or continuing a residential tenancy agreement, other than the following—
(a) rent,
(b) a rental bond,
(c) any other amounts or fees prescribed by the regulations.
Maximum penalty—20 penalty units.
A tenant must pay the rent under a residential tenancy agreement on or before the day set out in the agreement.
A landlord, or landlord’s agent, must not require a tenant to pay more than 2 weeks rent in advance under a residential tenancy agreement or to pay rent for a period of the tenancy before the end of the previous period for which rent has been paid.
A tenant may pay more than 2 weeks rent if the tenant wishes to do so.
Maximum penalty—10 penalty units.
A landlord, or landlord’s agent, must not knowingly appropriate rent paid by the tenant for the purpose of any amount payable by the tenant other than rent.
Maximum penalty—10 penalty units.
This section is a term of every residential tenancy agreement.
A landlord must accept payment of unpaid rent by a tenant if—
(a) the landlord has given a termination notice on the ground of failure to pay rent under the residential tenancy agreement, and
(b) the tenant has not vacated the residential premises.
Maximum penalty—10 penalty units.
A residential tenancy agreement may generally not be terminated by the Tribunal, or possession of residential premises be recovered, on the ground of failure to pay rent if the tenant repays the rent or complies with an agreement to do so (see section 89).
This section is a term of every residential tenancy agreement.
The following are
(a) by Centrepay operated by the Commonwealth,
(b) by an approved electronic bank transfer method.
A landlord or landlord’s agent must offer a tenant each prescribed way to pay rent.
Maximum penalty—50 penalty units.
A landlord or landlord’s agent is not prevented from offering a tenant ways to pay rent in addition to the prescribed ways. However, section 19(2)(f) prohibits a landlord from requiring the tenant to use a specified service or business.
The landlord or landlord’s agent must enable rent to be paid in a prescribed way if chosen by the tenant.
Maximum penalty—50 penalty units.
A landlord, landlord’s agent or other person must not charge a fee, or pass on any cost incurred by the landlord or landlord’s agent, for the payment of rent in a prescribed way.
Maximum penalty—50 penalty units.
A landlord, landlord’s agent or other person must not require a tenant to pay rent by a cheque or other negotiable instrument that is post-dated.
Maximum penalty—10 penalty units.
A way of paying rent may be changed only with the agreement of the landlord and the tenant.
A landlord must not refuse to agree to a tenant changing the payment method to a prescribed way, including from a prescribed way to another prescribed way.
This section is a term of every residential tenancy agreement.
In this section—
(a) from the tenant to an account of the landlord or landlord’s agent at an authorised deposit-taking institution, and
(b) that is free of charge to the tenant, other than charges that may be ordinarily imposed by the tenant’s own bank or other financial institution.
If rent under a residential tenancy agreement is paid in person (other than by cheque), the person who receives the payment must, when the payment is made, give the person making the payment a rent receipt.
If rent under a residential tenancy agreement is paid by cheque, the person who receives the payment must make the receipt available for collection by the tenant or give the receipt to the tenant.
A
(a) the name of the person who receives the rent or on whose behalf the rent is received,
(b) the name of the person paying the rent or on whose behalf the rent is paid,
(c) the address of the residential premises for which the rent is paid,
(d) the period for which the rent is paid and the date up to which the rent is paid,
(e) the date on which the rent is paid,
(f) the amount of rent paid.
This section does not apply to the New South Wales Land and Housing Corporation or the Aboriginal Housing Office.
Maximum penalty—10 penalty units.
A landlord or landlord’s agent must keep a record of rent received under a residential tenancy agreement (a
A rent record may be kept in any form, and must contain any particulars, prescribed by the regulations for the purposes of this section.
A landlord or landlord’s agent must, within 7 days of a written request by the tenant, provide a written statement setting out the particulars of the rent record for a specified period.
This section does not require a landlord or landlord’s agent to provide a written statement for a period to a person if the landlord or agent has previously provided a written statement for the same period to the person.
Subsections (3) and (4) are terms of every residential tenancy agreement.
A tenant must pay the following charges for the residential premises—
(a) all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises if the premises are separately metered,
(b) all charges for the supply of bottled gas to the tenant at the residential premises,
(c) all charges for pumping out a septic system used for the residential premises,
(d) any excess garbage charges relating to the tenant’s use of the residential premises,
(e) any other charges prescribed by the regulations.
The regulations may exempt a tenant, or class of tenants, in specified circumstances, from the requirement to pay a charge under this section.
This section is a term of every residential tenancy agreement.
A tenant must pay the water usage charges for the residential premises, but only if—
(a) the premises are separately metered or the premises are not connected to a water supply service and water is delivered to the premises by vehicle, and
(b) the premises contain water efficiency measures prescribed by the regulations for the purposes of this section, and
(c) the charges do not exceed the amount payable by the landlord for water used by the tenant.
A tenant is not required to pay the water usage charges unless the landlord gives the tenant a copy of the part of the water supply authority’s bill setting out the charges, or other evidence of the cost of water used by the tenant.
A landlord must give the tenant not less than 21 days to pay the water usage charges.
A tenant is not required to pay the water usage charges if the landlord fails to request payment from the tenant within 3 months of the issue of the bill for those charges by the water supply authority.
Subsection (4) does not prevent a landlord from taking action to recover an amount of water usage charges later than 3 months after the issue of a bill for those charges, if the landlord first sought payment of the amount within 3 months after the issue of the bill.
A landlord must ensure that the tenant receives the benefit of, or an amount equivalent to, any rebate received by the landlord in respect of any water usage charges payable or paid by the tenant.
Tenants under social housing tenancy agreements may be subject to different provisions in relation to the payment of charges for water usage (see Division 3 of Part 7).
This section is a term of every residential tenancy agreement.
A landlord must pay the following charges for the residential premises—
(a) rates, taxes or charges payable under any Act (other than charges payable by the tenant under this Division),
(b) the installation costs and charges for initial connection to the residential premises of an electricity, water, gas, bottled gas or oil supply service,
(c) all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises that are not separately metered,
(d) the costs and charges for the supply or hire of gas bottles for the supply of bottled gas at the commencement of the tenancy,
(e) all charges (other than water usage charges) in connection with a water supply service to separately metered residential premises,
(f) all charges in connection with a water supply service to residential premises that are not separately metered,
(g) all charges for the supply of sewerage services (other than for pump out septic services) or the supply or use of drainage services to the residential premises,
(h) any other charges prescribed by the regulations.
The regulations may exempt a landlord, or class of landlords, in specified circumstances, from the requirement to pay a charge under this section.
This section is a term of every residential tenancy agreement.
The rent payable under a residential tenancy agreement may be increased only if—
(a) the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and
(b) the notice is given at least 60 days before the increased rent is payable.
The rent payable under a residential tenancy agreement—
(a) may not be increased within 12 months after the start of the tenancy, and
(b) may not be increased more than once in any period of 12 months.
(Repealed)
A residential tenancy agreement and a subsequent residential tenancy agreement for the same residential premises are to be treated as a single agreement for the purposes of this section if—
(a) the subsequent agreement is—
(i) a renewal of the first agreement, or
(ii) a replacement of the first agreement, even if it is a different type of residential tenancy agreement, and
(b) the landlord is the same for each agreement, and
(c) at least 1 tenant is the same for each agreement, and
(d) the tenant occupies the residential premises immediately before and immediately after the renewal or replacement.
A rent increase is not payable by a tenant unless the rent is increased in accordance with this section or the rent is increased by the Tribunal.
The residential tenancy agreement is varied to specify the increased rent from the date the rent is increased in accordance with this section.
Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
Notice of a rent increase may be cancelled or varied (so as to reduce the increase) by a subsequent written notice given to the tenant by or on behalf of the landlord. Any such later notice takes effect from the date on which the earlier notice was to take effect.
Notice of a rent increase is not required to be given by a landlord or landlord’s agent if the increase arises because of the end of, or a reduction in, a rent reduction.
Subsections (1)–(7) are terms of every residential tenancy agreement.
A landlord or landlord’s agent must not contravene this section.
Maximum penalty—20 penalty units.
The Tribunal must not make an order that a rent increase is not payable because this section has not been complied with unless the application for the order is made not later than 12 months after the rent is increased. If an application has not been made within that 12-month period, the rent increase is taken to comply with this section.
(Repealed)
The tenant may make a written request to the landlord at any time for a reduction in rent if the landlord reduces or withdraws any goods, services or facilities provided with the residential premises, even if those goods, services or facilities are provided under a separate or a previous contract, agreement or arrangement.
The rent payable under a residential tenancy agreement abates if residential premises under a residential tenancy agreement are—
(a) otherwise than as a result of a breach of an agreement, destroyed or become wholly or partly uninhabitable, or
(b) cease to be lawfully usable as a residence, or
(c) appropriated or acquired by any authority by compulsory process.
The landlord and tenant may agree to reduce the rent payable for premises during periods when access to the residential premises is required to be given to prospective purchasers of the premises.
This section does not limit the rights of landlords and tenants to agree to reduce the rent payable under a residential tenancy agreement.
This section is a term of every residential tenancy agreement.
The Tribunal may, on the application of a tenant, make any of the following orders—
(a) an order that a rent increase under an existing or proposed residential tenancy agreement is excessive and that, from a specified day, the rent for residential premises must not exceed a specified amount,
(b) an order that rent payable under an existing or proposed residential tenancy agreement is excessive, having regard to the reduction or withdrawal by the landlord of any goods, services or facilities provided with the residential premises and that, from a specified day, the rent for residential premises must not exceed a specified amount.
An application for an order that a rent increase is excessive must be made within the period prescribed by the regulations after notice of the increase is given.
A tenant may, before the end of a tenancy, make an application that the rent is excessive, having regard to the reduction or withdrawal of any goods, services or facilities provided with the residential premises, even if those goods, services or facilities were provided under a separate or a previous contract, agreement or arrangement.
For the purposes of making an order under this section, the Tribunal may declare that amounts payable under a contract, agreement or arrangement under which goods, services or facilities are provided to the tenant are rent.
The Tribunal may have regard to the following in determining whether a rent increase or rent is excessive—
(a) the general market level of rents for comparable premises in the locality or a similar locality,
(b) the landlord’s outgoings under the residential tenancy agreement or proposed agreement,
(c) any fittings, appliances or other goods, services or facilities provided with the residential premises,
(d) the state of repair of the residential premises,
(e) the accommodation and amenities provided in the residential premises,
(f) any work done to the residential premises by or on behalf of the tenant,
(g) when the last increase occurred,
(h) any other matter it considers relevant (other than the income of the tenant or the tenant’s ability to afford the rent increase or rent).
An order by the Tribunal specifying a maximum amount of rent—
(a) has effect for the period (of not more than 12 months) specified by the Tribunal, and
(b) binds only the landlord and tenant under the residential tenancy agreement or proposed residential tenancy agreement under which the rent is payable.
A tenant under a social housing tenancy agreement may also apply for an order that rent is excessive if a rent rebate is cancelled (see section 141(1)).
The Tribunal may, on application by the landlord or tenant, make an order determining the amount of rent payable if the rent is abated under section 43(2).
The Tribunal may order that—
(a) from a specified day, the rent for the residential premises must not exceed a specified amount, and
(b) the landlord must repay to the tenant any rent paid by the tenant since the specified day that is in excess of the specified amount.
The residential tenancy agreement may also be terminated in these circumstances (see section 109).
A person must not demand, require or receive any rent from a tenant exceeding an amount specified by the Tribunal.
Maximum penalty—20 penalty units.
A court before which proceedings for an offence under this section have been brought, or the Tribunal, on application by a tenant, may (in addition to any other penalty) order the person who committed the offence or any person on whose behalf that person acted to pay to the tenant against whom the offence was committed an amount equal to the amount of any rent unlawfully received from the tenant.
A tenant may make a written request to the landlord that the landlord repay to the tenant any rent, or other amounts, paid by the tenant that are not required to be paid under this Act or the residential tenancy agreement.
A request may be made during or after the termination of a residential tenancy agreement.
A landlord must, within 14 days of a written request by a tenant, repay to the tenant the amount of any rent or other amount paid in excess of the amount payable by the tenant under this Act or the residential tenancy agreement.
A tenant may apply to the Tribunal for an order for the repayment of rent or any other amount paid by the tenant if a written request by the tenant for payment is not complied with by the landlord within 14 days.
The Tribunal may order that rent or any other amount be repaid to the tenant if it finds that the rent or amount was not required to be paid by the tenant under this Act or the residential tenancy agreement.
A tenant must, at the written request of the landlord, pay to the landlord the following amounts—
(a) the cost of replacing rent deposit books or rent cards lost by the tenant,
(b) the amount of any fees paid to an authorised deposit-taking institution by the landlord as a result of funds of the tenant not being available for rent payment on the due date (such as fees for dishonoured cheques or other account fees).
This section has effect despite any other provision of this Division.
This section is a term of every residential tenancy agreement.
A landlord must take all reasonable steps to ensure that, at the time of entering into the residential tenancy agreement, there is no legal impediment to the occupation of the residential premises as a residence for the period of the tenancy.
A landlord must ensure that the tenant has vacant possession of any part of the residential premises to which the tenant has a right of exclusive possession on the day on which the tenant is entitled to occupy those premises under the residential tenancy agreement.
This section is a term of every residential tenancy agreement.
A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (such as a head landlord) to that of the landlord.
A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises.
Maximum penalty—10 penalty units.
A landlord or landlord’s agent must take all reasonable steps to ensure that the landlord’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
This section is a term of every residential tenancy agreement.
A tenant must not do any of the following—
(a) use the residential premises, or cause or permit the premises to be used, for any illegal purpose,
(b) cause or permit a nuisance,
(c) interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant,
(d) intentionally or negligently cause or permit any damage to the residential premises,
(e) cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.
A tenant must do the following—
(a) keep the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(b) notify the landlord of any damage to the residential premises as soon as practicable after becoming aware of the damage.
On giving vacant possession of the residential premises, the tenant must do the following—
(a) remove all the tenant’s goods from the residential premises,
(b) leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted, and, if there is a condition report, as set out in the condition report applicable to the premises when the agreement was entered into,
(c) leave the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(d) remove or arrange for the removal from the residential premises of all rubbish, having regard to the condition of the premises at the commencement of the tenancy,
(e) return to the landlord all keys, and other opening devices or similar devices, provided by the landlord to the tenant.
In this section—
This section is a term of every residential tenancy agreement.
A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant.
Without limiting the circumstances in which residential premises are not fit for habitation, residential premises are not fit for habitation unless the residential premises—
(a) are structurally sound, and
(b) have adequate natural light or artificial lighting in each room of the premises other than a room that is intended to be used only for the purposes of storage or a garage, and
(c) have adequate ventilation, and
(d) are supplied with electricity or gas and have an adequate number of electricity outlet sockets or gas outlet sockets for the supply of lighting and heating to, and use of appliances in, the premises, and
(e) have adequate plumbing and drainage, and
(f) are connected to a water supply service or infrastructure that supplies water (including, but not limited to, a water bore or water tank) that is able to supply to the premises hot and cold water for drinking and ablution and cleaning activities, and
(g) contain bathroom facilities, including toilet and washing facilities, that allow privacy for the user.
For the purposes of subsection (1A)(a), residential premises are structurally sound only if the floors, ceilings, walls, supporting structures (including foundations), doors, windows, roof, stairs, balconies, balustrades and railings—
(a) are in a reasonable state of repair, and
(b) with respect to the floors, ceilings, walls and supporting structures—are not subject to significant dampness, and
(c) with respect to the roof, ceilings and windows—do not allow water penetration into the premises, and
(d) are not liable to collapse because they are rotted or otherwise defective.
The Secretary may exempt any specified premises or any specified class of premises from the operation of all or any part of this section. An exemption may be unconditional or subject to conditions.
A landlord must not interfere with the supply of gas, electricity, water, telecommunications services or other services to the residential premises unless the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.
A landlord must comply with the landlord’s statutory obligations relating to the health or safety of the residential premises.
Such obligations include obligations relating to swimming pools under the Swimming Pools Act 1992.
This section is a term of every residential tenancy agreement.
A landlord must give the tenant written notice of the landlord’s intention to sell the residential premises not later than 14 days before the premises are first made available for inspection by prospective purchasers.
A landlord or the agent of the landlord for the sale of the residential premises must make all reasonable efforts to agree with the tenant as to the days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
A tenant must not unreasonably refuse to agree to days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
A tenant is not required to agree to the residential premises being available for inspection by prospective purchasers more than twice a week.
This section is a term of every residential tenancy agreement.
A tenant is vicariously responsible to the landlord for any act or omission by any other person who is lawfully on the residential premises (other than a person who has a right of entry without the tenant’s consent) that would have been a breach of the residential tenancy agreement if it had been an act or omission by the tenant.
Subsection (1) does not apply to a tenant who is the victim of a domestic violence offence, or an exempted co-tenant, if the relevant act or omission constitutes or resulted in damage to the residential premises and occurred during the commission of the domestic violence offence.
In this section, an
This section is a term of every residential tenancy agreement.
A tenant (the
(a) the act or omission—
(i) constitutes or resulted in damage to the residential premises, and
(ii) occurred during the commission of a domestic violence offence, and
(b) the exempted tenant is—
(i) the victim of the domestic violence offence, or
(ii) an exempted co-tenant.
In this section—
(a) is a tenant under the same residential tenancy agreement as the tenant who is the victim of the domestic violence offence, and
(b) is not a relevant domestic violence offender (within the meaning of Division 3A of Part 5) nominated in a document referred to in section 105C(2) and annexed to a domestic violence termination notice (within the meaning of section 105A) for the residential tenancy agreement.
This section is a term of every residential tenancy agreement.
A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, and without giving notice to the tenant, only in the following circumstances—
(a) in an emergency,
(b) to carry out urgent repairs,
(c) if the landlord, landlord’s agent or person has made a reasonable attempt to obtain entry with consent and has reasonable cause for serious concern about the health or safety of the tenant or any other person that the landlord, landlord’s agent or person believes is on the residential premises,
(d) if the landlord forms a reasonable belief that the residential premises have been abandoned,
(e) in accordance with an order of the Tribunal.
A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, after giving notice to the tenant, only in the following circumstances—
(a) to inspect the residential premises, not more than 4 times in any period of 12 months, if the tenant has been given not less than 7 days written notice each time,
(b) to carry out or assess the need for necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days notice each time,
(c) to carry out, inspect or assess the need for work for the purpose of compliance with the landlord’s statutory obligations relating to the health or safety of the residential premises, if the tenant has been given not less than 2 days notice each time,
(c1) to carry out, inspect or assess the need for repairs to, or replacement of, a smoke alarm installed at the residential premises if the tenant has been given notice in accordance with the regulations,
(d) to value the property, not more than once in any period of 12 months, if the tenant is given not less than 7 days notice each time,
(d1) to take photographs, or make a visual recording, of the interior of the premises for the purposes of advertising the residential premises for sale or lease not more than once in the period of 28 days preceding the commencement of marketing the residential premises for sale or lease or the termination of the agreement, if the tenant is given—
(i) reasonable notice, and
(ii) a reasonable opportunity to move any of the tenant’s possessions that can reasonably be moved out of the frame of the photograph or the scope of the recording,
(e) to show the premises to prospective tenants, a reasonable number of times during the period of 14 days preceding the termination of the agreement, if the tenant is given reasonable notice each time,
(f) if the landlord and tenant fail to agree under section 53 to show the premises to prospective purchasers, not more than twice in any period of a week, if the tenant is given not less than 48 hours notice each time.
This section does not apply to any part of premises to which the tenant does not have the right of exclusive occupation.
This section is a term of every residential tenancy agreement.
A landlord or landlord’s agent must not publish any photograph taken or visual recording made of the interior of residential premises in which any of the tenant’s possessions are visible without first obtaining the written consent of the tenant.
Maximum penalty—20 penalty units.
A tenant must not unreasonably withhold consent required to be obtained under this section.
Without limiting subsection (2), it is not unreasonable for the tenant to withhold consent if the tenant is in circumstances of domestic violence, within the meaning of section 105B.
In this section, a photograph or visual recording is
(a) publicly exhibited in, on, over or under any building, vehicle or place (whether or not a public place and whether on land or water), or in the air in view of persons being in any street or public place, or
(b) disseminated by means of a website, email or other electronic communication, or
(c) in the case of a photograph—
(i) inserted in any newspaper, periodical publication or other publication, or
(ii) contained in any flyer or other document sent or delivered to any person or thrown or left on premises occupied by any person.
A photograph or visual recording is not published if it is disseminated solely between the landlord and the landlord’s agent for purposes relating to carrying out an inspection of the residential premises, maintenance or repairs.
This section is a term of every residential tenancy agreement.
The landlord, the landlord’s agent or any other person authorised by the landlord may enter the residential premises at any time during the residential tenancy agreement with the consent of the tenant.
This section is a term of every residential tenancy agreement.
A landlord, the landlord’s agent or other person who enters residential premises under a right to enter the premises without the consent of the tenant—
(a) must enter the premises between the hours of 8.00 am and 8.00 pm, and
(b) must not enter on a Sunday or a public holiday, and
(c) must not stay on the residential premises longer than is necessary to achieve the purpose of the entry to the residential premises, and
(d) must, if practicable, notify the tenant of the proposed time and day of entry.
A person authorised by the landlord or landlord’s agent must not enter residential premises under a right to enter the premises without the consent of the tenant unless—
(a) the person first obtains the written consent of the landlord or landlord’s agent, and
(b) the person produces the consent to the tenant if the tenant is at the premises.
This section does not apply to entry—
(a) as agreed with the tenant, or
(b) in an emergency, or
(c) to carry out urgent repairs, or
(d) if the landlord forms a reasonable belief that the premises have been abandoned, or
(e) in accordance with an order of the Tribunal.
This section is a term of every residential tenancy agreement.
A tenant must permit a landlord, landlord’s agent or other person exercising a right of access to the residential premises in accordance with this Division to have access to the premises.
This section is a term of every residential tenancy agreement.
A landlord, the landlord’s agent or other person authorised by the landlord must not enter the residential premises during the residential tenancy agreement, except in accordance with this Division.
Maximum penalty—20 penalty units.
This section is a term of every residential tenancy agreement.
The Tribunal may, on application by a landlord, make any of the following orders—
(a) an order authorising the landlord or any other person to enter the residential premises for a purpose permitted under this Division,
(b) an order authorising the landlord or any other person to enter the residential premises for the purposes of showing the residential premises to prospective purchasers on a periodic basis,
(c) an order authorising the landlord or any other person to enter the residential premises for the purpose of determining whether the tenant has breached a term of the residential tenancy agreement.
The order may specify the days and times, and purposes for which, entry to the residential premises is authorised.
The Tribunal may, on application by a tenant, make an order specifying or limiting the days and times, and purposes for which, entry to the residential premises by a landlord, landlord’s agent, agent for the sale of the residential premises or other persons is authorised.
The Tribunal may, on application by a tenant, order the landlord or the landlord’s agent to pay compensation to the tenant for damage to or loss of the tenant’s goods caused by any person in the exercise of a power of the landlord or landlord’s agent to enter residential premises under this Act or the residential tenancy agreement.
In this Division—
(a) a burst water service,
(b) an appliance, fitting or fixture that uses water or is used to supply water that is broken or not functioning properly, so that a substantial amount of water is being wasted,
(c) a blocked or broken lavatory system,
(d) a serious roof leak,
(e) a gas leak,
(f) a dangerous electrical fault,
(g) flooding or serious flood damage,
(h) serious storm or fire damage,
(i) a failure or breakdown of the gas, electricity or water supply to the residential premises,
(j) a failure or breakdown of any essential service on the residential premises for hot water, cooking, heating, cooling or laundering,
(k) any fault or damage that causes the residential premises to be unsafe or insecure,
(l) any other damage prescribed by the regulations,
but does not include work needed to repair premises that are owned by a person other than the landlord or a person having superior title (such as a head landlord) to the landlord.
A landlord must provide and maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
A landlord’s obligation to provide and maintain the residential premises in a reasonable state of repair applies even though the tenant had notice of the state of disrepair before entering into occupation of the residential premises.
A landlord is not in breach of the obligation to provide and maintain the residential premises in a reasonable state of repair if the state of disrepair is caused by the tenant’s breach of this Part.
This section is a term of every residential tenancy agreement.
A landlord must, not later than 14 days after being given a written notice from the tenant, reimburse the tenant for the reasonable costs of making urgent repairs to the residential premises.
A landlord is required to reimburse the costs only if—
(a) the state of disrepair did not result from a breach of the residential tenancy agreement by the tenant, and
(b) the tenant gave the landlord or the landlord’s agent notice of the state of disrepair or made a reasonable attempt to do so, and
(c) the tenant gave the landlord or landlord’s agent a reasonable opportunity to make the repairs, if notice was given, and
(d) the tenant has made a reasonable attempt to arrange for a licensed or otherwise properly qualified person nominated in the residential tenancy agreement to carry out the repairs, if such a person is so nominated, and
(e) the repairs were carried out, if appropriate, by licensed or otherwise properly qualified persons, and
(f) as soon as practicable after the repairs were carried out, the tenant gave the landlord or landlord’s agent, or made a reasonable attempt to give the landlord or landlord’s agent, a written notice setting out details of the repairs and the costs of the repairs, together with the receipts or copies of receipts for costs paid by the tenant.
The maximum amount that a tenant is entitled to be reimbursed under this section is $1,000 or such other amount as may be prescribed by the regulations.
Nothing in this section prevents a tenant, with the consent of the landlord, from making repairs to the residential premises and being reimbursed for the costs of those repairs.
This section is a term of every residential tenancy agreement.
A landlord must ensure that a smoke alarm installed in the residential premises is repaired or replaced in accordance with the regulations.
Maximum penalty—20 penalty units.
Without limiting subsection (1), the regulations may prescribe the following—
(a) the circumstances in which a particular person, or class of persons, must repair or replace a smoke alarm,
(b) the circumstances in which a person, or class of persons, may repair or replace a smoke alarm,
(c) the time period within which the person must repair or replace a smoke alarm.
A tenant who repairs or replaces a smoke alarm installed in the residential premises under this section is entitled to reimbursement in accordance with the regulations.
This section is a term of every residential tenancy agreement.
In this section—
The Tribunal may, on application by a tenant, make any of the following orders—
(a) an order that the landlord carry out specified repairs,
(b) an order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant,
(c) an order that the landlord reimburse the tenant an amount for repairs to a smoke alarm carried out by the tenant under section 64A(3).
The Tribunal may make an order that the landlord carry out specified repairs only if it determines that the landlord has breached the obligation under this Act to maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
In deciding whether to make an order under this section, the Tribunal—
(a) must take into consideration the regulations, if any, made under subsection (6), and
(b) may take into consideration whether the landlord failed to act with reasonable diligence to have the repair carried out.
The Tribunal must not determine that a landlord has breached the obligation unless it is satisfied that the landlord had notice of the need for the repair or ought reasonably to have known of the need for the repair.
The Tribunal may order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant if it is satisfied that the landlord has failed to reimburse the tenant for the costs in accordance with this Division.
The Tribunal may order that all or part of the rent payable under a residential tenancy agreement be paid into the Tribunal until an order under this section has been complied with.
The regulations may provide for guidelines relating to reasonable times within which repairs to, and maintenance of, residential premises required to be carried out by the landlord under the residential tenancy agreement, this Act or any other Act or law should be carried out.
In this Division—
On application in writing by a landlord, the Secretary may cause an investigator to investigate whether the tenant—
(a) has intentionally or negligently caused or permitted damage to the residential premises, and
(b) without reasonable excuse, has refused or failed to repair, or satisfactorily repair, the damage.
An application may only be made under this section if—
(a) the landlord has requested the tenant by notice in writing to repair damage to the residential premises intentionally or negligently caused or permitted by the tenant, and
(b) the written notice contains particulars of the damage, and
(c) the tenant has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage, and
(d) the application is accompanied by the fee (if any) prescribed by the regulations.
An investigation may be carried out only if the tenant has consented to the investigation within 7 days of being requested by the Secretary to do so.
If, after an investigation is completed, the Secretary is satisfied that the tenant—
(a) has intentionally or negligently caused or permitted damage to the residential premises and, in doing so, has breached the residential tenancy agreement, and
(b) has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage,
the Secretary may, by notice in writing, order the tenant to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a
The tenant rectification order—
(a) may specify conditions to be complied with by the landlord before the requirements of the order must be complied with, and
(b) may specify stages in which the requirements of the order must be complied with, and
(c) must specify a date by which the requirements of the order must be complied with or a date by which the requirements of any stage of the order must be complied with, subject to the landlord’s compliance with any condition referred to in paragraph (a), and
(d) must state the reasons for the Secretary’s decision to make a tenant rectification order, including particulars of the results of the investigation, and
(e) must indicate that the tenant and the landlord each has a right to apply—
(i) to the Secretary for a review of the Secretary’s decision to issue a tenant rectification order or the terms of the tenant rectification order, or
(ii) to the Tribunal in respect of the matter giving rise to the making of the tenant rectification order, and
(f) must indicate that the order will be suspended if the matter giving rise to the order becomes the subject of an application by the tenant or landlord to the Secretary or Tribunal.
The Secretary must give the landlord a copy of the tenant rectification order.
The tenant rectification order may be amended by a further order of the Secretary on the application of the landlord or tenant made within 7 days of the date on which the tenant was given the tenant rectification order.
If an application is made under subsection (7), the tenant rectification order is suspended until the Secretary determines the application.
This section does not apply to a tenant or co-tenant who has immunity from liability for damage given under—
(a) section 54(1A) or (1B), or
(b) section 54A.
This section does not affect any other rights of the tenant or landlord under this Act for breaches of the residential tenancy agreement.
On application in writing by a tenant, the Secretary may cause an investigator to investigate whether the landlord in respect of those premises has breached the landlord’s obligations under section 63.
An application may be made under this section only if—
(a) the tenant has requested the landlord by notice in writing to carry out repairs to the residential premises necessary to provide and maintain the residential premises in a reasonable state of repair, and
(b) the written notice contains particulars of the repairs, and
(c) the landlord has, without reasonable excuse, refused or failed to carry out, or carry out satisfactorily, the repairs, and
(d) the application is accompanied by the fee (if any) prescribed by the regulations.
If, after an investigation is completed, the Secretary is satisfied that the landlord has breached the landlord’s obligations under section 63, the Secretary may, by notice in writing, order the landlord to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a
A landlord rectification order—
(a) may specify conditions to be complied with by the tenant before the requirements of the order must be complied with, and
(b) may specify stages in which the requirements of the order must be complied with, and
(c) must specify a date by which the requirements of the order must be complied with or a date by which the requirements of any stage of the order must be complied with, subject to the tenant’s compliance with any condition referred to in paragraph (a), and
Sections 83 and 83A of the 1948 Act, as continued by this clause, are modified as follows—
(a) by omitting section 83(1)(c)(ii) and (iii) and (2),
(b) by omitting “the spouse, or such child, or the father or mother, as the case may be,” from section 83(1) and inserting instead “that spouse”,
(c) by omitting section 83A(1)(b) and (c) and (1A),
(d) by omitting “the spouse, or such child, or the father or mother as the case may be,” from section 83A(1) and inserting instead “that spouse”.
A reference to the 1948 Act in this Act (other than this clause) or any other Act or regulation is taken to be a reference to that Act as continued in force by this clause.
Despite its repeal by Schedule 3 to the Statute Law (Miscellaneous Provisions) Act 2020, the Landlord and Tenant Regulation 2015 continues to apply to prescribed premises as if the Regulation had not been repealed until the 1948 Act ceases to apply to the premises under this clause.
Despite the repeal of the 1899 Act by section 1D of that Act, the 1899 Act continues to apply, but only to the extent and for the period necessary for the continuation of the 1948 Act under this clause.
Section 107, as substituted by the Residential Tenancies Amendment (Review) Act 2018, does not apply to a residential tenancy agreement entered into before the substitution of that section.
In this Part—
(a) were payable by the impacted tenant during the moratorium period, and
(b) were not paid, either with or without the agreement of the landlord, and
(c) are still owing.
Terms in this Part have the same meaning as they had in the repealed provisions.
A landlord must not take prohibited action to the extent that it relates to rental arrears accrued during the moratorium period by an impacted tenant if the tenant has—
(a) agreed with the landlord or landlord’s agent to a repayment plan for the arrears, and
(b) complied with the terms of the repayment plan.
The impacted tenant is taken to have complied with the terms of the repayment plan unless the tenant has failed to make 2 consecutive payments by the times required by the plan.
If an impacted tenant has not complied with the terms of the repayment plan, the landlord must not take prohibited action unless it is fair and reasonable in the circumstances.
If the impacted tenant and the landlord or landlord’s agent have not agreed to a repayment plan for the arrears, the landlord must not take prohibited action unless—
(a) the landlord has participated in good faith in a formal arrears repayment negotiation process with the impacted tenant about a repayment plan for the arrears, and
(b) it is fair and reasonable in the circumstances for the landlord to take the prohibited action.
The Tribunal must have regard to the following for the purposes of deciding under this clause whether the landlord is authorised to take prohibited action—
(a) the steps taken by the landlord and impacted tenant to negotiate a repayment plan,
(b) the payments made by the impacted tenant towards the arrears,
(c) the nature of any financial hardship experienced by the landlord or impacted tenant, including the general financial position of each party,
(d) the availability and affordability of reasonable alternative accommodation for the impacted tenant,
(e) any special vulnerability of the impacted tenant.
Subclause (5) does not limit the matters the Tribunal may have regard to.
For the purposes of subclause (5)(a), the Tribunal may have regard to any advice provided by NSW Fair Trading relating to the participation of the landlord or impacted tenant in a formal arrears repayment negotiation process, including whether the landlord or impacted tenant refused, or refused to make, a reasonable offer.
In this clause—
(a) giving a termination notice under section 87 on the ground specified in section 88,
(b) applying to the Tribunal for a termination order under section 83(2) relating to a termination notice given under section 87 on the ground specified in section 88,
(c) otherwise applying to the Tribunal for a termination order in relation to a residential tenancy agreement on the ground specified in section 88.
This clause ceases to have effect on 26 September 2021.
A landlord must not give a termination notice under section 85 to an impacted tenant who accrued arrears during the moratorium period unless it is fair and reasonable in the circumstances.
The Tribunal must have regard to all relevant matters for the purposes of deciding under this clause whether a termination is fair and reasonable in the circumstances, including—
(a) the general financial position of the landlord, and
(b) whether the landlord or a member of the landlord’s family needs to reside at the premises.
This clause ceases to have effect on 26 September 2021.
Proceedings commenced in the Tribunal under the repealed provisions may be continued despite the repeal of the provisions and the repealed provisions continue to apply to the proceedings as if the repealed provisions had not been repealed.
The repealed provisions continue to apply to a termination notice or eviction notice given, or an order of the Tribunal made, under the repealed provisions.
This clause also extends to protect impacted residents of boarding houses as the provisions of Part 5 of the Boarding Houses Regulation 2013 are also repealed provisions because they were made under Part 13 of this Act.
The repeal of the repealed provisions does not affect an agreement made between a tenant and a landlord or landlord’s agent about the waiver of rent or the deferral of the payment of rent.
Despite section 212, a landlord or landlord’s agent must not list personal information about a person in a residential tenancy database if—
(a) the breach of the residential tenancy agreement arose solely from a failure to pay rent or charges specified in section 88(1), and
(b) at the time of the breach, the person was an impacted tenant.
In this part—
Section 35, as substituted by the amendment Act, applies to all residential tenancy agreements, including a residential tenancy agreement entered into before the substitution.
Section 41, as amended by the amendment Act, applies to all residential tenancy agreements, including a residential tenancy agreement entered into before the amendment other than an excluded agreement.
Section 42, as in force immediately before its repeal, continues to apply in relation to an excluded agreement.
An excluded agreement is not taken to form a single agreement with a subsequent agreement for the purposes of section 41.
In this clause—
(a) is for a fixed term of less than 2 years, and
(b) was entered before the repeal of section 42.
An amendment made to section 19 or Part 3, Division 8 by the amendment Act applies to a residential tenancy agreement even if the agreement was entered into before the commencement of the amendment.
A consent given by a landlord to the keeping of a pet by a tenant that was in force immediately before the commencement of Part 3, Division 8 is taken to be a consent given under that division.
This Act, as in force immediately before its amendment by the amendment Act, continues to apply to a termination notice given under sections 84–87 before the substitution of the sections by the amendment Act.
A person does not commit an offence under section 87 for a termination notice given before the substitution of the section by the amendment Act.
Section 111, as in force immediately before its amendment by the amendment Act, continues to apply in relation to a termination notice given before the amendment.
(Repealed)
Residential Tenancies Act 2010 No 42. Assented to 17.6.2010. Date of commencement, 31.1.2011, sec 2 and 2010 (658) LW 3.12.2010. This Act has been amended by sec 230 of this Act and as follows—
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.28, 7.1.2011, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 1.8, 8.7.2011, sec 2 (2). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1). | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.25, 6.7.2012, sec 2 (1). | |
No 59 | Community Housing Providers (Adoption of National Law) Act 2012. Assented to 28.8.2012. Date of commencement, 1.1.2014, sec 2 (1) and 2013 (674) LW 6.12.2013. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 1.16, 4.1.2013, sec 2 (1). | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 1.26, 5.7.2013, sec 2 (1). | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2 (1). | |
No 97 | Residential (Land Lease) Communities Act 2013. Assented to 20.11.2013. Date of commencement, 1.11.2015, sec 2 and 2015 (446) LW 7.8.2015. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.24, 3.1.2014, sec 2 (1). | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 1.14, 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 1.24, 8.1.2015, sec 2 (1). | |
No 34 | Residential Tenancies and Housing Legislation Amendment (Public Housing—Antisocial Behaviour) Act 2015. Assented to 22.10.2015. Date of commencement, 18.12.2015, sec 2 and 2015 (799) LW 18.12.2015. | |
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 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 1.27, 6.1.2017, sec 2 (1). | |
No 60 | Regulatory and Other Legislation (Amendments and Repeals) Act 2016. Assented to 14.11.2016. Date of commencement of Sch 2.7, 30.1.2017, sec 2 (2) and 2016 (744) LW 9.12.2016. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
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). | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement of Sch 2.13, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 45 | Residential Tenancies Amendment (Social Housing) Act 2018. Assented to 21.8.2018. Date of commencement, assent, sec 2. | |
No 58 | Residential Tenancies Amendment (Review) Act 2018. Assented to 26.10.2018. Date of commencement of Sch 1 [1] (other than to the extent that it inserts the definition of | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 7.13, assent, sec 2 (1). | |
No 79 | Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 1, 28.2.2019, sec 2 and 2019 (113) LW 28.2.2019; date of commencement of Sch 2, 1.7.2019, sec 2 and 2019 (114) LW 28.2.2019; date of commencement of Sch 3, 1.7.2020, sec 2. The amendment made by Sch 3.7[1] was without effect as the provision being amended was substituted by the Residential Tenancies Amendment (Review) Act 2018. | |
No 23 | Better Regulation Legislation Amendment Act 2019. Assented to 26.11.2019. Date of commencement of Sch 1.10[1], 10.4.2020, sec 2(2) and 2020 (85) LW 13.3.2020; date of commencement of Sch 1.10[2]–[8] and [10]–[15], assent, sec 2(1); date of commencement of Sch 1.10[9], 11.12.2020, sec 2(2) and 2020 (712) LW 11.12.2020. Amended by Statute Law (Miscellaneous Provisions) Act 2020 No 30. Assented to 27.10.2020. Date of commencement of Sch 1.5, 11.12.2020, sec 2(3). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.28, assent, sec 2(1). | |
No 25 | Better Regulation Legislation Amendment Act 2020. Assented to 28.9.2020. Date of commencement of Schs 2.8, 5.1 and 7.4, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of Schs 1.40 and 2.34, 11.12.2020, sec 2(3). | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.24, 26.3.2021, sec 2(2) and sec 230 of this Act and cl 41E of the Residential Tenancies Regulation 2019 (629). | |
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 9 | Residential Tenancies Amendment (Rental Fairness) Act 2023. Assented to 3.7.2023. Date of commencement of Sch 1[1], 3.8.2023, sec 2(a) and 2023 (409) LW 28.7.2023; date of commencement of Sch 1[2]–[4], assent, sec 2(b). | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 1.11, assent, sec 2(b). | |
No 75 | Residential Tenancies Amendment Act 2024. Assented to 31.10.2024. Date of commencement of Sch 1[1]–[4] [6] [9]–[19] and [23], 19.5.2025, sec 2(c) and 2025 (138) LW 2.4.2025; date of commencement of Sch 1[5] [7] [20] and [21], assent, sec 2(a); date of commencement of Sch 1[8] and [24], 13.12.2024, sec 2(c) and 2024 (624) LW 13.12.2024; date of commencement of Sch 1[22], 1.7.2025, sec 2(b). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 1.9[1], assent, sec 2(a)(ii); date of commencement of Sch 1.9[2] and [3], assent, sec 2(b)(ii); date of commencement of Sch 1.9[4] and Sch 3, assent, sec 2(e); date of commencement of Sch 1.9[5]–[7], assent, sec 2(c)(ii). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2013 No 95, Sch 4.34 [1] [2]; 2013 No 97, Sch 3.12 [1]; 2013 No 111, Sch 3.24 [1]; 2016 No 27, Sch 2.40 [2]; 2018 No 5, Sch 2.13; 2018 No 58, Sch 1 [1]; 2022 No 59, Sch 3.60[1] [2]; 2024 No 25, Sch 2.7[1], Sch 3.5[1]; 2025 No 48, Sch 3.9. |
Sec 5 | Rep 1987 No 15, sec 30C. |
Sec 8 | Am 2010 No 119, Sch 1.28 [1]; 2013 No 97, Sch 3.12 [2] [3]; 2017 No 17, Sch 4.83; 2019 No 23, Sch 1.10[1]; 2020 No 30, Sch 1.40[1]. |
Sec 8A | Ins 2013 No 97, Sch 3.12 [4]. |
Sec 9 | Am 2013 No 97, Sch 3.12 [5]. |
Sec 14 | Am 2024 No 75, Sch 1[1]; 2025 No 48, Sch 1.9[1]. |
Sec 19 | Am 2024 No 75, Sch 1[2]–[4]; 2025 No 48, Sch 1.9[2] [3]. |
Sec 20 | Am 2025 No 48, Sch 1.9[4]. |
Sec 22 | Am 2011 No 27, Sch 1.8 [1]. |
Sec 22A | Ins 2023 No 9, Sch 1[1]. |
Sec 23 | Subst 2024 No 75, Sch 1[5]. |
Sec 26 | Am 2018 No 58, Sch 1[2] [3]. |
Sec 27 | Am 2020 No 25, Sch 5.1. |
Sec 29 | Am 2018 No 58, Sch 1[4]–[6]. |
Sec 31A | Ins 2018 No 58, Sch 1[7]. |
Sec 33 | Am 2010 No 119, Sch 1.28 [2]; 2011 No 27, Sch 1.8 [2]. |
Sec 35 | Subst 2024 No 75, Sch 1[6]. |
Sec 36 | Am 2010 No 119, Sch 1.28 [3]; 2011 No 27, Sch 1.8 [3]; 2018 No 58, Sch 1[8]; 2024 No 25, Sch 6.17[1]. |
Sec 38 | Am 2019 No 23, Sch 1.10[2]. |
Sec 40 | Am 2019 No 23, Sch 1.10[3]. |
Sec 41 | Am 2010 No 119, Sch 1.28 [4]; 2011 No 62, Sch 1.14 [1]; 2018 No 58, Sch 1[9]; 2024 No 75, Sch 1[7]. |
Sec 42 | Am 2011 No 27, Sch 1.8 [4]. Rep 2024 No 75, Sch 1[8]. |
Sec 46 | Am 2013 No 95, Sch 4.34 [3] [4]. |
Sec 52 | Am 2018 No 58, Sch 1[10]. |
Sec 54 | Am 2018 No 58, Sch 1 [11]; 2019 No 23, Sch 1.10[4]. |
Sec 54A | Ins 2019 No 23, Sch 1.10[5]. |
Sec 55 | Am 2018 No 58, Sch 1[12]; 2019 No 23, Sch 1.10[6]. |
Sec 55A | Ins 2018 No 58, Sch 1[13]. |
Sec 62 | Am 2012 No 42, Sch 1.25 [1]. |
Sec 64A | Ins 2018 No 58, Sch 1[14]. |
Sec 65 | Am 2018 No 58, Sch 1[15]–[17]. |
Part 3, Div 5A | Ins 2018 No 58, Sch 1[18]. |
Sec 65A | Ins 2018 No 58, Sch 1[18]. |
Sec 65B | Ins 2018 No 58, Sch 1[18]. Am 2020 No 30, Sch 1.40[2]. |
Secs 65C, 65D | Ins 2018 No 58, Sch 1[18]. |
Sec 66 | Am 2018 No 58, Sch 1[19]. |
Part 3, Div 8 | Ins 2024 No 75, Sch 1[9]. |
Sec 73A | Ins 2024 No 75, Sch 1[9]. |
Sec 73B | Ins 2024 No 75, Sch 1[9]. |
Sec 73C | Ins 2024 No 75, Sch 1[9]. |
Sec 73D | Ins 2024 No 75, Sch 1[9]. |
Sec 73E | Ins 2024 No 75, Sch 1[9]. Am 2025 No 48, Sch 1.9[5]–[7]. |
Sec 73F | Ins 2024 No 75, Sch 1[9]. |
Sec 73G | Ins 2024 No 75, Sch 1[9]. |
Sec 73H | Ins 2024 No 75, Sch 1[9]. |
Sec 73I | Ins 2024 No 75, Sch 1[9]. |
Sec 80 | Am 2018 No 58, Sch 1[20]; 2024 No 75, Sch 1[10]. |
Sec 82 | Am 2024 No 75, Sch 1[11]. |
Part 5, Div 2, Subdiv 1 | Ins 2024 No 75, Sch 1[12]. |
Sec 84 | Subst 2024 No 75, Sch 1[12]. |
Sec 85 | Am 2018 No 58, Sch 1[21]. Subst 2024 No 75, Sch 1[12]. |
Sec 86 | Subst 2024 No 75, Sch 1[12]. |
Sec 87 | Am 2015 No 34, Sch 1 [1]. Subst 2024 No 75, Sch 1[12]. |
Sec 87A | Ins 2024 No 75, Sch 1[12]. |
Sec 87B | Ins 2024 No 75, Sch 1[12]. |
Sec 87C | Ins 2024 No 75, Sch 1[12]. |
Sec 87D | Ins 2024 No 75, Sch 1[12]. |
Sec 87E | Ins 2024 No 75, Sch 1[12]. |
Sec 87F | Ins 2024 No 75, Sch 1[12]. |
Sec 87G | Ins 2024 No 75, Sch 1[12]. |
Sec 87H | Ins 2024 No 75, Sch 1[12]. |
Sec 87I | Ins 2024 No 75, Sch 1[12]. |
Sec 87J | Ins 2024 No 75, Sch 1[12]. |
Sec 87K | Ins 2024 No 75, Sch 1[12]. |
Sec 87L | Ins 2024 No 75, Sch 1[12]. |
Sec 87M | Ins 2024 No 75, Sch 1[12]. |
Sec 87N | Ins 2024 No 75, Sch 1[12]. |
Part 5, Div 2, Subdiv 2, heading | Ins 2024 No 75, Sch 1[12]. |
Sec 88 | Am 2012 No 42, Sch 1.25 [2]; 2018 No 58, Sch 1[22] [23]. |
Sec 89 | Am 2011 No 27, Sch 1.8 [5]; 2018 No 58, Sch 1[24]–[26]. |
Part 5, Div 2, Subdiv 3 | Ins 2024 No 75, Sch 1[13]. |
Sec 89A | Ins 2024 No 75, Sch 1[13]. |
Sec 92A | Ins 2018 No 58, Sch 1[27]. |
Sec 94 | Am 2024 No 75, Sch 1[14]. |
Part 5, Div 2, Subdiv 4, heading | Ins 2024 No 75, Sch 1[15]. |
Sec 95 |
Am 2014 No 88, Sch 1.24 [1]. | |
Sec 98A | Ins 2018 No 58, Sch 1[28]. |
Sec 99 | Am 2011 No 62, Sch 1.14 [2]. |
Sec 100 | Am 2014 No 33, Sch 1.14 [1]; 2018 No 58, Sch 1[29]–[31]. |
Sec 102 | Am 2011 No 27, Sch 1.8 [6] [7]. |
Sec 103A | Ins 2018 No 58, Sch 1[32]. |
Part 5, Div 3A | Ins 2018 No 58, Sch 1 [33]. |
Sec 105A | Ins 2018 No 58, Sch 1 [33]. Am 2019 No 23, Sch 1.10[7]–[9] (am 2020 No 30, Sch 1.5). |
Sec 105B | Ins 2018 No 58, Sch 1 [33]. Am 2019 No 23, Sch 1.10[10] [11]. |
Sec 105C | Ins 2018 No 58, Sch 1 [33]. Am 2019 No 23, Sch 1.10[12]. |
Secs 105D–105G | Ins 2018 No 58, Sch 1 [33]. |
Sec 105H | Ins 2018 No 58, Sch 1 [33]. Am 2019 No 23, Sch 1.10[13]. |
Sec 105I | Ins 2018 No 58, Sch 1 [33]. Am 2019 No 23, Sch 1.10[14] [15]. |
Sec 107 | Am 2012 No 42, Sch 1.25 [3]–[5]. Subst 2018 No 58, Sch 1[34]. Am 2020 No 30, Sch 2.34. |
Sec 110 | Am 2011 No 27, Sch 1.8 [8]. Subst 2024 No 75, Sch 1[16]. |
Sec 110A | Ins 2024 No 75, Sch 1[16]. |
Sec 110B | Ins 2024 No 75, Sch 1[16]. |
Sec 111 | Am 2024 No 75, Sch 1[17] [18]. |
Sec 121 | Am 2013 No 95, Sch 4.34 [5]; 2016 No 55, Sch 1.27 [1]. |
Part 6, Div 2 | Rep 2018 No 79, Sch 3.7[2]. |
Sec 126 | Am 2013 No 47, Sch 1.26 [1]. Rep 2018 No 79, Sch 3.7[2]. |
Secs 127–129 | Rep 2018 No 79, Sch 3.7[2]. |
Sec 130 | Am 2010 No 119, Sch 1.28 [5]. Rep 2018 No 79, Sch 3.7[2]. |
Secs 131–133 | Rep 2018 No 79, Sch 3.7[2]. |
Sec 134 | Am 2013 No 47, Sch 1.26 [2]. Rep 2018 No 79, Sch 3.7[2]. |
Sec 135 | Rep 2018 No 79, Sch 3.7[2]. |
Sec 136 | Am 2012 No 59, Sch 2.4. |
Sec 139 | Am 2012 No 42, Sch 1.25 [6]. |
Part 7, Div 5, heading | Am 2015 No 34, Sch 1 [2]. |
Part 7, Div 5, Subdiv 1, heading | Ins 2015 No 34, Sch 1 [3]. |
Secs 143, 146, 147 | Am 2015 No 34, Sch 1 [4]. |
Part 7, Div 5, Subdiv 2, heading | Ins 2015 No 34, Sch 1 [5]. |
Sec 151 | Am 2015 No 34, Sch 1 [4]. |
Sec 152 | Rep 2015 No 34, Sch 1 [6]. |
Part 7, Div 5, Subdiv 3, heading | Ins 2015 No 34, Sch 1 [7]. |
Sec 154 | Am 2015 No 34, Sch 1 [4]. |
Part 7, Div 5, Subdiv 4 | Ins 2015 No 34, Sch 1 [8]. |
Sec 154A | Ins 2015 No 34, Sch 1 [8]. Am 2024 No 75, Sch 1[19]. |
Sec 154B | Ins 2015 No 34, Sch 1 [8]. Am 2024 No 75, Sch 1[19]. |
Sec 154C | Ins 2015 No 34, Sch 1 [8]. Am 2024 No 75, Sch 1[19]. |
Sec 154D | Ins 2015 No 34, Sch 1 [8]. |
Sec 154E | Ins 2015 No 34, Sch 1 [8]. |
Sec 154F | Ins 2015 No 34, Sch 1 [8]. |
Part 7, Div 5, Subdiv 5, heading | Ins 2015 No 34, Sch 1 [8]. |
Sec 154FA | Ins 2018 No 45, Sch 1 [1]. |
Sec 154G | Ins 2015 No 34, Sch 1 [8]. |
Part 7, Div 7 (secs 156A, 156B) | Ins 2015 No 34, Sch 1 [9]. |
Part 7, Div 8 (secs 156C, 156D) | Ins 2018 No 45, Sch 1 [2]. |
Sec 157 | Am 2013 No 97, Sch 3.12 [6] [7]. |
Sec 157A | Ins 2014 No 33, Sch 1.14 [2]. |
Sec 159 | Am 2012 No 42, Sch 1.25 [7]; 2014 No 33, Sch 1.14 [3]; 2016 No 55, Sch 1.27 [2]; 2016 No 60, Sch 2.7. |
Sec 160 | Am 2014 No 33, Sch 1.14 [4] [5]; 2022 No 59, Sch 3.60[3]. |
Sec 162 | Am 2018 No 45, Sch 1 [3]; 2024 No 25, Sch 3.5[2]. |
Sec 164 | Am 2014 No 33, Sch 1.14 [4]; 2022 No 59, Sch 3.60[3]. |
Sec 165 | Am 2014 No 33, Sch 1.14 [4]; 2022 No 59, Sch 3.60[3]. |
Sec 171 | Am 2014 No 33, Sch 1.14 [4] [5]; 2022 No 59, Sch 3.60[3]. |
Sec 177 | Am 2014 No 88, Sch 1.24 [2]. |
Sec 178 | Am 2013 No 111, Sch 3.24 [1] [2]; 2014 No 33, Sch 1.14 [4]; 2016 No 27, Sch 2.40 [3]; 2022 No 59, Sch 3.60[1] [3]; 2024 No 53, Sch 1.11[1]–[3]; 2024 No 75, Sch 1[20] [21]. |
Sec 179 | Am 2016 No 27, Sch 2.40 [4]. |
Sec 185 | Am 2023 No 9, Sch 1[2]. |
Sec 186 | Am 2013 No 95, Sch 4.34 [6] [7]; 2018 No 58, Sch 1[35]. |
Part 8, Div 7 | Ins 2018 No 79, Sch 1. |
Sec 186A | Ins 2018 No 79, Sch 1. Am 2023 No 7, Sch 2.42; 2023 No 9, Sch 1[3] [4]. |
Sec 189 | Am 2013 No 97, Sch 3.12 [8]. |
Sec 192 | Am 2013 No 95, Sch 4.34 [8]. |
Sec 193 | Am 2013 No 95, Sch 4.34 [9]. |
Sec 194 | Am 2013 No 95, Sch 4.34 [10]. |
Sec 195 | Am 2013 No 95, Sch 4.34 [11]. |
Sec 196 | Am 2018 No 58, Sch 1[36]. |
Sec 200 | Am 2020 No 25, Sch 2.8[1] [2]. |
Sec 202 | Am 2012 No 95, Sch 1.16 [1]; 2018 No 58, Sch 1 [37]. |
Sec 203 | Subst 2017 No 22, Sch 3.64. |
Sec 207 | Am 2013 No 95, Sch 2.130. |
Sec 209 | Am 2010 No 119, Sch 1.28 [6]; 2013 No 97, Sch 3.12 [9]. |
Sec 213A | Ins 2018 No 58, Sch 1 [38]. |
Sec 216 | Am 2018 No 58, Sch 1[39]. |
Sec 217 | Am 2012 No 42, Sch 1.25 [8] [9]. |
Sec 218 | Am 2014 No 88, Sch 1.24 [3] [4]. |
Sec 222 | Am 2014 No 33, Sch 1.14 [6]. |
Sec 222A | Ins 2024 No 75, Sch 1[22]. |
Sec 223 | Am 2012 No 42, Sch 1.25 [10]; 2016 No 55, Sch 1.27 [3]; 2017 No 25, Sch 1.30 [1]–[3]; 2024 No 25, Sch 6.17[2]–[4]. |
Sec 228 | Ins 2015 No 34, Sch 1 [10]. |
Sec 229 | Ins 2020 No 1, Sch 2.17. Rep 2010 No 42, sec 230. Ins 2024 No 75, Sch 1[23]. |
Part 13 | Ins 2020 No 1, Sch 2.17. Rep 2010 No 42, sec 230. |
Sec 228A | Ins 2020 No 5, Sch 1.28[1]. Am 2020 No 25, Sch 7.4. Rep 2010 No 42, sec 230. |
Secs 228B, 228C | Ins 2020 No 5, Sch 1.28[1]. Rep 2010 No 42, sec 230. |
Sec 230 | Ins 2020 No 5, Sch 1.28[2]. Rep 2010 No 42, sec 230. |
Sch 1 | Am 2014 No 88, Sch 1.24 [5]; 2018 No 65, Sch 7.13; 2024 No 25, Sch 2.7[2] [3], Sch 6.17[5]; 2024 No 53, Sch 1.11[4]. |
Sch 2 | Am 2012 No 95, Sch 1.16 [2]; 2013 No 95, Sch 4.34 [12] [13]; 2014 No 33, Sch 1.14 [7]; 2018 No 45, Sch 1 [4] [5]; 2018 No 58, Sch 1[40]; 2018 No 79, Sch 2.3; 2020 No 5, Sch 1.28[3] [4]; 2021 No 5, Sch 1.24; 2024 No 75, Sch 1[24]. |
Sch 3 | Rep 1987 No 15, sec 30C. |
The whole Act | Am 2016 No 27, Sch 2.40 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
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