Residential Tenancies Amendment Act 2016 (WA)

Western Australia

Residential Tenancies Amendment Act 2016

Western Australia

Residential Tenancies Amendment Act 2016 Contents

Western Australia

Residential Tenancies Amendment Act 2016

Residential Tenancies Amendment Act 2016

No. 42 of 2016

An Act to amend the Residential Tenancies Act 1987.

[Assented to 1 December 2016]

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Residential Tenancies Amendment Act 2016.

2.Commencement

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Act amended

This Act amends the Residential Tenancies Act 1987.

4.Section 46 amended

• (1)

  In section 46(1) insert in alphabetical order:

   

notice means notice in a form approved by the Commissioner;

• (2)

  In section 46(4) delete “before the lessor gives notice under subsection (2) of a proposed entry to the premises,” and insert:

   

if it would unduly inconvenience the tenant for the lessor to enter the premises as specified in a notice given under subsection (2),

5.Section 79 amended

• (1)

  In section 79(2) delete the Penalty and insert:

   

Penalty for this subsection: a fine of $5 000.

• (2)

  Delete section 79(3) and insert:

   
• (3)

  A lessor who stores goods under subsection (2) must cause notice in or to the effect of the form approved by the Commissioner for the purposes of this subsection —

  • (a)

    to be given to the tenant within 7 days after the day on which the goods were stored; or

  • (b)

    to be —

    • (i)

      made publicly available in any manner prescribed for the purposes of this paragraph, including (without limitation) by means of a website within 7 days after the day on which the goods were stored; and

    • (ii)

      posted in a prominent position on the premises that were subject to the former agreement within 9 days after the day on which the goods were stored.

Penalty for this subsection: a fine of $5 000.

6.Section 85 amended

• (1)

  In section 85(1):

  • (a)

    in paragraph (b) delete “business.” and insert:

     

  business; or

   
  • (b)

    after paragraph (b) insert:

     
  • (c)

    with the consent of that person or in other circumstances specified in the regulations, be given or served by electronic means in accordance with the regulations.

     
• (2)

  In section 85(3):

  • (a)

    delete “Any notice or document required or authorised to be given under this Act to any person whose address is unknown” and insert:

     

  If a notice or document required or authorised to be given under this Act cannot be given or sent to a person in accordance with subsection (1), it

   
  • (b)

    in paragraph (a) after “throughout” insert —

     

  all, or most of,

   
  • (c)

    in paragraph (b) delete “effected.” and insert:

     

  effected; or

   
  • (d)

    after paragraph (b) insert:

     
  • (c)

    it is made publicly available in any manner prescribed for the purposes of this paragraph, including (without limitation) by means of a website.

     
  7.Schedule 1 clause 8 amended
• (1)

  In clause 8(3) delete “prescribed form,” and insert:

   

form approved by the Minister,

• (2)

  In clause 8(4)(b) delete “prescribed form” and insert:

   

form approved by the Minister