Residential Tenancies Act Amendment Act 1991 (Qld)

36 RESID E N TIA L TENA NCIES A MENDM E N T A CT ANALYSIS OF CONTENTS 1. Short title 2. Citation 3. Amendment of s. 3. Arrangement 4. New s. 6A Landlord to give copy of tenancy agreement to tenant ueenslanb ANNO QUADRAGESIMO ELIZABETHAE SECUNDAE REGINAE No. 6 of 199 1 An Act to amend the Residential T enancies Act 1975 to require landlords or their agents to give a copy of the tenancy agreement to their tenants [ASSENTED TO 6TH MARCH, 1991]

Residential Tenancies Act Amendment Act 1991, No. 6 37 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Residential Tenancies Act Amendment Act 1991. 2. Citation. (1) In this Act the Residential Tenancies Act 1975 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Residential TenanciesAct 1975-1991. 3. Amendment of s. 3 . Arrangement . Section 3 of the Principal Act is amended by omitting the expression "(ss. 7-16)" and substituting the expression "(ss. 6A-16)". 4. New s. 6A. The Principal Act is amended by inserting after the heading "PART II-GENERAL PROVISIONS AS TO TENANCIES" the following section:- "6A. Landlord to give copy of tenancy agreement to tenant. (1) Where a written tenancy agreement is entered into, the landlord or his agent shall give the tenant a full copy of the executed agreement within 30 days of the date the agreement is entered. (2) For the purposes of subsection (1), if- (a) a tenant- (i) executes a tenancy agreement at the request of the landlord or his agent and delivers it to the landlord or his agent for execution by either of them; and (ii) pays rent in accordance with the agreement; and (b) the rent is accepted by the landlord or his agent; then the agreement is to be taken to have been entered on the date of commencement of the tenancy notwithstanding- (c) the date of execution of the agreement by the landlord or his agent; or (d) that the landlord or his agent has not executed the agreement. (3) If a copy of the tenancy agreement is not given to a tenant in accordance with subsection (1), the tenant shall not be under an obligation to pay rent for the period during which the failure to comply with subsection (1) continues.

38 Residential Tenancies Act Amendment Act 1991, No. 6 (4) Where a landlord or his agent requires the execution of a written tenancy agreement, the cost of its preparation shall be borne by the landlord.". Minister's Second Reading Speech made on 24 October 1990.