Residential Tenancies Amendment Regulation (No. 1) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 161 Residential Tenancies Act 1994 RESIDENTIAL TENANCIES AMENDMENT REGULATION (No. 1) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14A Intensive drug rehabilitation order—Act, s 20. . . . . . . . . . . . . . . . . . 3 5 Omission of s 17 (‘Allowed period’ for applying to tribunal about rental bond dispute—Act, s 69) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 5—APPROVED REASONS FOR LISTING ON A TENANCY DATABASE Division 1—Preliminary 28 Approved reasons for listing—Act, s 284C(1)(c) . . . . . . . . . . . . . . . 4 29 Amount owing must be more than any rental bond being held . . . . . 4 Division 2—Approved reasons 30 Rent arrears . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 31 Amount owing under a conciliation agreement or tribunal order . . . 5 32 Amount owing after abandonment. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 33 Objectionable behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 34 Repeated breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of sch 1 (General tenancy agreement) . . . . . . . . . . . . . . . . . . . 6

2 Residential Tenancies Amendment Regulation (No. 1) No. 161, 2003 2003 8 Amendment of sch 2 (Moveable dwelling tenancy agreement) . . . . . . . . . . 6 9 Amendment of sch 3 (State tenancy agreement). . . . . . . . . . . . . . . . . . . . . . 6

s1 3 s6 Residential Tenancies Amendment Regulation (No. 1) No. 161, 2003 2003 1 Short title This regulation may be cited as the Residential Tenancies Amendment Regulation (No. 1) 2003 . 2 Commencement This regulation commences on 1 August 2003. 3 Regulation amended This regulation amends the Residential Tenancies Regulation 1995. 4 Insertion of new s 14A Part 4, before section 15— insert — ‘14A Intensive drug rehabilitation order—Act, s 20 ‘ (1) This section applies if— (a) a requirement of an intensive drug rehabilitation order under the DrugRehabilitation(CourtDiversion)Act2000 is that the person the subject of the order reside at certain residential premises during the currency of the person’s rehabilitation program under the order; and (b) the person is the tenant under an agreement for the premises. ‘ (2) The Act does not apply to the agreement or premises during the currency of the rehabilitation program.’. 5 Omission of s 17 (‘Allowed period’ for applying to tribunal about rental bond dispute—Act, s 69) Section 17— omit. 6 Insertion of new pt 5 After part 4—

s6 4 s6 Residential Tenancies Amendment Regulation (No. 1) No. 161, 2003 2003 insert— ‘PART 5—APPROVED REASONS FOR LISTING ON A TENANCY DATABASE ‘Division 1—Preliminary ‘28 Approved reasons for listing—Act, s 284C(1)(c) ‘ (1) This part applies to a person (the “tenant” ) who was named as a tenant in a residential tenancy agreement (the “agreement” ) that has ended. ‘ (2) This part states the reasons for which the tenant may be listed on a tenancy database. ‘29 Amount owing must be more than any rental bond being held ‘ (1) This section applies to a reason stated in division 2 if— (a) the reason relates to an amount owed by the tenant; and (b) the authority is holding an amount of rental bond for the agreement. ‘ (2) The reason applies only if the amount still owed by the tenant is more than the amount of rental bond being held. ‘Division 2—Approved reasons ‘30 Rent arrears ‘The tenant may be listed on a tenancy database if— (a) the lessor gave the tenant, under section 153 of the Act, a notice to remedy a breach of the agreement relating to an amount of unpaid rent; and (b) the tenant failed to comply with the notice within the allowed remedy period; and (c) the tenant still owes all or some of the amount to the lessor.

s6 5 s6 Residential Tenancies Amendment Regulation (No. 1) No. 161, 2003 2003 ‘31 Amount owing under a conciliation agreement or tribunal order ‘The tenant may be listed on a tenancy database if— (a) the tenant owes an amount to the lessor, arising from the agreement, that the tenant— (i) agreed to pay under a conciliation agreement; or (ii) was ordered to pay by a tribunal; and (b) the time for paying the amount, under the conciliation agreement or order, has passed. ‘32 Amount owing after abandonment ‘ (1) The tenant may be listed on a tenancy database if— (a) the tenant abandoned the premises that were occupied under the agreement; and (b) the tenant owes an amount to the lessor under the agreement. ‘ (2) However, subsection (1) does not apply if the tenant has made an application to a tribunal under section 221A 1 of the Act that has not been finally dealt with. ‘33 Objectionable behaviour ‘The tenant may be listed on a tenancy database if, on an application by the lessor, a tribunal made a termination order for the agreement under section 212 2 of the Act. ‘34 Repeated breaches ‘The tenant may be listed on a tenancy database if, on an application by the lessor, a tribunal made a termination order for the agreement under section 213A 3 of the Act.’. 1 Section 221A (Dispute about abandonment termination notice) of the Act 2 Section 212 (Objectionable behaviour) of the Act 3 Section 213A (Repeated breaches) of the Act

s7 6 s9 Residential Tenancies Amendment Regulation (No. 1) No. 161, 2003 2003 7 Amendment of sch 1 (General tenancy agreement) Schedule 1, clause 14(1)(b)— omit, insert— ‘(b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously following the giving of a notice under this clause—the day stated in the notice, or the last notice, for making the increase.’. 8 Amendment of sch 2 (Moveable dwelling tenancy agreement) Schedule 2, clause 14(1)(b)— omit, insert— ‘(b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously following the giving of a notice under this clause—the day stated in the notice, or the last notice, for making the increase.’. 9 Amendment of sch 3 (State tenancy agreement) Schedule 3, clause 14(1)(b)— omit, insert— ‘(b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously following the giving of a notice under this clause—the day stated in the notice, or the last notice, for making the increase.’.

7 Residential Tenancies Amendment Regulation (No. 1) No. 161, 2003 2003 ENDNOTES 1. Made by the Governor in Council on 10 July 2003. 2. Notified in the gazette on 11 July 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing. © State of Queensland 2003