Residential Tenancies Amendment Regulation (No. 1) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 189 Residential Tenancies Act 1994 RESIDENTIAL TENANCIES AMENDMENT REGULATION (No. 1) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4A Agreements to which Act does not apply—Act, s 341 . . . . . . . . . . . 2 5 Insertion of new ss 6A–6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6A Condition report—Act, s 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6B By-laws—Act, s 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6C Making new agreements—Act, s 46 . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10A Termination of agreements—Act, s 151 . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 17 (When a person is “related” to a director—Act, s 299(1)(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 18 (When a director is “related” to a person—Act, s 299(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s5 Residential Tenancies Amendment (No. 1) No. 189, 1995 ˙ Short title 1. This regulation may be cited as the Residential Tenancies Amendment Regulation (No. 1) 1995 . ˙ Commencement 2. Section 4 is taken to have commenced on 3 April 1995. ˙ Regulation amended 3. This regulation amends the Residential Tenancies Regulation 1995 . ˙ Insertion of new s 4A 4. After section 4— insert— ˙ ‘Agreements to which Act does not apply—Act, s 341 ‘ 4A.(1) To remove doubt, the Act does not apply to an agreement for a tenancy if the tenancy is created or arises— (a) between the parties to a contract of sale of residential premises under a term of the contract; or (b) between the parties to a mortgage of residential premises under a term of the mortgage. ‘ (2) This section expires on 31 December 1995.’. ˙ Insertion of new ss 6A–6C 5. After section 6— insert— ˙ ‘Condition report—Act, s 42 ‘ 6A.(1) This section applies to residential premises under an agreement only if the tenant is entitled to occupy the premises under the agreement on a day (the “occupation day” ) later than the day the lessor gives the written agreement to the tenant for signing (the “delivery day” ).

s6 3 s6 Residential Tenancies Amendment (No. 1) No. 189, 1995 ‘ (2) In the application of section 42(2) of the Act, the time when the lessor must give the tenant copies of the condition report for the premises is not the delivery day, but any time in the period starting at the start of the delivery day and ending at the end of the occupation day. ‘ (3) In the application of section 42(3) of the Act, the period within which the tenant must do a thing mentioned in paragraph (a), (b) or (c) of the subsection is not 3 days after receiving the copies of the condition report, but 3 days after the occupation day. ˙ ‘By-laws—Act, s 45 ‘ 6B.(1) This section applies to an agreement only if by-laws under the Building Units and Group Titles Act 1980 apply to the occupation of the premises by the tenant. ‘ (2) Section 45 of the Act applies as if the reference to the Building UnitsandGroupTitlesAct1994 were a reference to the BuildingUnitsandGroup Titles Act 1980 . ˙ ‘ Making new agreements—Act, s 46 ‘ 6C. Section 46 of the Act does not stop the lessor and tenant under an agreement that creates a residential tenancy for a fixed term from entering into another agreement with each other for a tenancy of the premises starting at the end of the fixed term.’. ˙ Insertion of new s 10A 6. Part 2, after section 10— insert — ˙ ‘ Termination of agreements—Act, s 151 ‘ 10A. In addition to the ways mentioned in section 151 of the Act as the ways a residential tenancy agreement terminates, a residential tenancy agreement terminates by written agreement of the lessor and tenant.’.

s7 4 s8 Residential Tenancies Amendment (No. 1) No. 189, 1995 ˙ Amendment of s 17 (When a person is “related” to a director—Act, s 299(1)(a)) 7. Section 17— insert— ‘(d) the director is entirely or substantially dependent on the person and the director’s affairs are so closely connected with the affairs of the person that a benefit derived by the director, or a substantial part of it, could pass to the person.’. ˙ Amendment of s 18 (When a director is “related” to a person—Act, s 299(3)) 8. Section 18(b) and (c)— omit, insert— ‘(b) the person is the director’s child and is entirely or substantially dependent on the director; or (c) the person is entirely or substantially dependent on the director and the person’s affairs are so closely connected with the affairs of the director that a benefit derived by the person, or a substantial part of it, could pass to the director; or (d) the director is entirely or substantially dependent on the person and the director’s affairs are so closely connected with the affairs of the person that a benefit derived by the director, or a substantial part of it, could pass to the person.’. ENDNOTES 1. Made by the Governor in Council on 15 June 1995. 2. Notified in the Gazette on 16 June 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. © State of Queensland 1995