Untitled document

Residential Tenancies Amendment Act 2010

No. 67 of 2010

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendments to Parts 1 and 4 of the Principal Act

Division 1—Amendments to Part 1—Preliminary

4Purposes

5Definitions

Division 2—Amendments to Part 1—Residential Tenancies—Tenancy agreements

6Application of Act to site agreements

Subdivision 4—Application to site agreements

23AApplication of Act to assignees and transferees

23BSite agreements exceeding 5 years

23CPart 4A site used under contract of employment

23DPart 4A site used primarily as a residence

23EPart 4A site used for holidays

23FPrescribed Part 4A sites and prescribed site agreements

23GCertain provisions not to apply to site agreements

7Application for exemption

8Order of Tribunal

Division 3—Amendments to Part 4—Caravan parks and movable dwellings—Residency rights and duties

9New Division 1AA of Part 4 inserted

Division 1AA—Application of Part

143AAApplication of Part to caravan parks and movable dwellings

Part 3—New Part 4A

10New Part 4A inserted

Part 4A—Site Agreements and Site–Tenant Owned Dwellings

Division 1—General requirements for site agreements

206BRights of site tenants

206CPart 4A dwelling not a fixture

206DCrown land

206ESite agreements to be in writing

206FTerms of site agreement

206GHarsh and unconscionable terms

206HMinimum terms for site agreements in new parks

206ISite agreement consideration period

206JCooling off period

Division 2—Bonds

206KWhat is the maximum bond?

206LApplication to increase maximum amount of bond

206MTribunal may determine maximum bond

206NNot more than one bond is payable in respect of continuous occupation

206OCondition report

206PCondition report is evidence of state of repair

206QCertain guarantees prohibited

206RMaximum amount of certain guarantees

Division 3—Rents and other charges

206SRent, fees and charges under site agreements

206TLimit on rent in advance

206UReceipts for rent

206VHow much notice is required of rent increase?

206WSite tenant may complain to Director about excessive rent

206XApplication to Tribunal about excessive rent

206YWhat can the Tribunal order?

206ZPayment of increased rent pending Tribunal decision

206ZAAdditional charge

206ZBRent must be reduced if services are reduced

206ZCSite tenant's goods not to be taken for rent

Division 4—Other charges

206ZDFee for supply of key

206ZESite tenant's liability for electricity, gas and water charges

206ZFSite owner's liability for electricity, gas and water charges

206ZGReimbursement

206ZHSite owner must not seek overpayment for utility
charges

Division 5—General duties of site tenants

206ZISite tenant's use of site

206ZJSite tenant must not use site for illegal purpose

206ZKSite tenant's duty to pay rent

206ZLQuiet enjoyment—site tenant's duty

206ZMSite tenant must keep site clean

206ZNSite tenant must not erect structures

206ZOSite tenant must notify site owner of and compensate
for damage

206ZPNumber of persons residing on Part 4A site

206ZQSite tenant must observe Part 4A park rules

Division 6—General duties of site owners

206ZRSite owner must give tenant certain information

206ZSPart 4A site plans

206ZTSite owner must provide access

206ZUQuiet enjoyment—site owner's duty

206ZVSite owner must keep Part 4A park clean

206ZWDuty of site owner to maintain communal areas

206ZXSite owner to give additional information

Division 7—Part 4A park rules

206ZYSite owner may make Part 4A park rules

206ZZAmendment of Part 4A park rules

206ZZAWhat if the Part 4A park rules are thought to be unreasonable?

Division 8—Site tenants' committees

206ZZBParticipation in site tenants' committee

206ZZCSite owner's duties to site tenants' committees

Division 9—Assignment and sub-letting

206ZZDAssignment by a site tenant

206ZZESub-letting by a site tenant

206ZZFSite tenant may apply to Tribunal

206ZZGSite owner cannot ask for fee for giving consent

206ZZHSale of Part 4A dwelling

Division 10—Rights of entry

206ZZIEntry of Part 4A site and Part 4A dwelling by site owner

206ZZJGrounds for entry of Part 4A site

206ZZKManner of entry

206ZZLWhat must be in a notice of entry?

206ZZMSite tenant has duty to permit entry

206ZZNWhat if damage is caused during entry?

206ZZOWhat if a person exercising right of entry fails to comply with Division?

206ZZPOffence relating to entering a site occupied by a site tenant

Part 4—Amendments Consequential on New
Part 4A

Division 1—Amendments to Part 5—Compensation and compliance

11Definitions in Part 5

12Breach of duty notice

13Tribunal must hear application urgently

14New section 210B inserted

210BApplication to Tribunal by site tenant or site owner for compensation

15Matters which may be considered by Tribunal

16Orders of Tribunal

17New section 213AA inserted

213AACompensation for unpaid rent under site agreement

18Application for payment of rent arrears or hiring charge arrears from bond

19Application to Tribunal for loss or damage

20New section 214A inserted

214ACompensation for loss of rent under terminated site agreement

21What powers does a court have to award compensation?

Division 2—Amendments to Part 6—Termination

22New Division 3A of Part 6

Division 3A—Termination of site agreements in Part 4A parks

Subdivision 1—When can a site agreement be terminated?

317ATermination of site agreement

317BTermination by agreement

317CTermination by consent

317DTermination after notice to vacate

317ETermination by abandonment

317FTermination if Part 4A site is sub-let

317GTermination if site owner not owner of site

317HTermination by merger

317ITermination by disclaimer

317JTermination by site tenant before occupation or use

317KOffences relating to interference with rights

Subdivision 2—Variations or creations of site agreement

317LCreation of periodic site agreement

317MApplication for new site agreement because of final family violence intervention order

317NTribunal orders for application made under section 317M

317OTribunal may determine parties' liability under terminated site agreement

317PCross-examination in proceedings for a new site agreement

317QReduction of fixed term site agreement

Subdivision 3—Notice of intention to vacate or
abandonment by site tenant

317RNotice of intention to vacate

317SNotice to have no effect in certain circumstances

317TReduced period of notice of intention to vacate in
certain circumstances

317UFailure of site owner to comply with Tribunal order

317VSuccessive breaches by site owner

317WOrder of abandonment

Subdivision 4—Notice by site owner or mortgagee

317XDamage

317YDanger

317ZDisruption

317ZAFailure to comply with Tribunal order

317ZBSuccessive breaches by site tenant

317ZCUse of Part 4A site for illegal purpose

317ZDAssignment or sub-letting without consent

317ZENotice by land owner

317ZFNotice under fixed term site agreement

317ZGNotice under periodic site agreement

317ZHNotice of no effect

317ZINotice by mortgagee of Part 4A park

23Form of notice of intention to vacate

24Form of notice to vacate

Division 3—Amendments to Part 7—Regaining possession—possession orders and warrants

25New section 324A inserted

324AApplication for possession order by site owner

26Application for possession order by mortgagee

27Time for application

28Applications where composite notice to vacate is given

29Order of Tribunal

30Order to be dismissed or adjourned in certain circumstances

31Order not to be made in certain circumstances

32Contents of possession order

33Effect of possession order

34Issue of warrant of possession

35Postponement of issue of warrant in certain cases

36Immediate issue of warrant if failure to comply during postponement

37Offence to re-enter rooming house, site or caravan

Division 4—Amendments to Part 8—Violence on certain premises

38Definitions for Part 8

39What happens if a notice to leave is given?

40Offence to re-enter premises during suspension

41Urgent application to Tribunal

42What can the Tribunal order?

43Offence to allow occupation of premises pending application
or hearing

44Notice to leave prohibited

Division 5—Amendments to Part 9—Goods left behind by tenants and residents

45Goods left behind

46Application of Part 9

47Definitions for Part 9

48What happens if personal documents are left behind?

49Reclaiming personal documents before disposal

50New section 388A inserted

388AWhat must a site owner or Part 4A site agreement mortgagee do about goods left behind?

51Rightful owner may reclaim stored goods before sale

52What if a caravan owned by a resident is abandoned on site?

53New section 390A inserted

390AWhat if a Part 4A dwelling owned by a site tenant is abandoned on site?

54Purchaser takes good title

55What if proceeds of sale are not sufficient to cover costs?

56What if goods or documents are disposed of in contravention
of this Part?

57What if goods or documents are wrongfully retained?

58What if goods or documents are damaged or lost?

59What if stored goods have been sold in accordance with this
Part?

60What if personal documents are disposed of in accordance
with section 381?

Division 6—Amendments to Part 10—Bonds and the Residential Tenancies Bond Authority

61Definitions for Part 10

Division 7—Amendments to Part 11—Functions of the Tribunal

62Jurisdiction of Tribunal

63General applications to the Tribunal

64General applications to the Tribunal

65General power of Tribunal to make determinations

Division 8—Amendments to Parts 12 and 13—Administration
and General

66Functions of Director

67Offence to make false representation

68Offence to persuade person not to exercise rights or take proceedings

69Offence to aid, abet, counsel or procure commission of offence

70Certain penalties prohibited

71Service of documents

72Application to Supreme Court, County Court or Magistrates' Court

73Regulations

Part 5—Rooming Houses Amendments

74New section 102A inserted

102ADirector may investigate rent without application by resident

75New section 131A inserted

131ADirector may investigate rooming house without application by resident

76New Division 8 of Part 3 inserted

Division 8—Standards

142BStandards for rooming houses etc.

142CRegulations for rooming houses

77New Division 9 of Part 3 inserted

Division 9—Miscellaneous

142DUnregistered rooming house

78Application for compensation or compliance order for breach
of duty

79New section 289A inserted

289ANotice by owner of building or other person who is
not rooming house owner

80New section 323A inserted

323AApplication for possession order by person entitled to give notice to vacate under section 289A

81Consequential amendments—regaining possession

82New section 399A inserted

399ADirector may make application without consent—
former rooming house residents

83Functions of Director

84Application of provisions of Fair Trading Act 1999

Part 6—Caravan Parks and Movable Dwellings

85New section 515A inserted

515AFire safety and emergency management regulations

86New Division 3A of Part 14 inserted

Division 3A—Fire safety and emergency management procedures

518ADefinitions

518BProvision of fire fighting equipment

518CSpace around movable dwellings and adjacent
structures

518DEmergency management plan and emergency
procedures

518EPublic emergency warnings

518FMunicipal council may issue notice

87Authorised persons

88Powers of entry and inspection

89New section 526A inserted

526AReport of inspection

Part 7—Residential Tenancy Databases

90New Part 10A inserted

Part 10A—Residential Tenancy Databases

439ADefinitions

439BApplication

439CNotice of usual use of database

439DNotice of listing if database used

439EListing can be made only for particular breaches by particular persons

439FFurther restriction on listing

439GEnsuring quality of listing—landlord's obligation

439HEnsuring quality of listing—database operator's obligation

439IProviding copy of personal information listed

439JNotifying relevant non-parties of Tribunal order
about listing

439KKeeping personal information listed

439LApplication to Tribunal for removal or amendment
of listing

439MWhat can the Tribunal order?

Part 8—Miscellaneous Amendments

Division 1—Penalties and offences

91Tenancy agreements to be in standard form

92Copy of agreement to be made available to tenant

93Tenants with children

94What is the maximum bond?

95Not more than one bond is payable in respect of continuous occupation

96Condition report

97Certain guarantees prohibited

98Limit on rent in advance

99Rent in advance under weekly tenancy agreement

100Receipts for rent

101Tenant's good not to be taken for rent

102Application and holding deposits

103Certain charges prohibited

104Landlord must not seek overpayment for utility charge

105Landlord must give tenant certain information

106Landlord cannot ask for fee for giving consent

107Offence relating to entering rented premises

108Notice to resident of residency right

109Consent required for increase in room capacity

110What is the maximum bond?

111Condition report

112Limit on rent in advance

113Receipts for rent

114Resident's goods not to be taken for rent

115Display of statement of rights and house rules

116Owner to give additional information

117Duties relating to house rules

118Offence relating to entering room occupied by resident

119Caravan park owner to notify prospective resident of rights

120Payment of bond

121What is the maximum bond?

122Condition report

123Limit on rent or hiring charge in advance

124Receipts for rent or hiring charge

125Resident's goods not to be taken for rent or hiring charges

126Owner must not seek overpayment for utility charges

127Statement of rights and copy of park rules

128Statement of scale of certain charges, fees and commissions

129Owner to give additional information

130Duties relating to caravan park rules

131Sale of caravan

132Offence relating to entering a site or caravan occupied by a resident

133Section 229 substituted

229Offence to obtain possession etc. of premises

134Prohibition on letting premises after notice

135Offences relating to interference with rights

136Rent payable on termination without notice

137Prohibition on renting after notice

138Offences relating to interference with rights

139Rent or hiring charge payable on termination without notice

140Prohibition on hiring of caravans or renting of sites after
notice

141Offence to re-enter rooming house, site or caravan

142Offence to give notice to leave or purported notice to leave without reasonable grounds

143Offence to remain on premises if given notice to leave

144Offence to re-enter premises during suspension

145Notice to principal registrar

146Offence to allow occupation of premises pending application
or hearing

147Reclaiming personal documents before disposal

148Rightful owner may reclaim stored goods before sale

149Bond lodgement form

150Duty to pay bond to Authority

151Notice of assignment or transfer by landlord

152Notice of assignment or transfer by tenant

153Tenant must not use bond as rent

154Offence to fail to comply with determination of Tribunal

155Confidentiality

156Offence to make false representation—tenancy agreement or residency right

157Offence to persuade person not to exercise rights or take proceedings

158Offence to aid, abet, counsel or procure commission of
offence

159Offence to give false information

160Certain penalties prohibited

161Application of provisions of Fair Trading Act 1999

162Regulations

163Additional powers

164Compliance notice

165Closure order

Division 2—Miscellaneous amendments to Principal Act

166Definition of GST

167Urgent repairs to rented premises and applications to Tribunal

168Urgent repairs to rooming house and applications to Tribunal

169Urgent repairs to caravans and applications to Tribunal

170Regulations

Part 9—Consequential Amendments to Other
Acts

Division 1—Duties Act 2000

171Powers of the Director in relation to proceedings on behalf
of consumers

Division 2—Fair Trading Act 1999

172Powers of the Director in relation to proceedings on behalf of consumers

173Proceedings and costs

Part 10—Repeal of Amending Act

174Repeal of amending Act

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Endnotes

Residential Tenancies Amendment Act 2010

No. 67 of 2010

[Assented to 28 September 2010]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The main purpose of this Act is to amend the Residential Tenancies Act 1997 to provide for—

(a)the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings; and

(b)increased regulation of rooming houses to improve standards, including further enforcement powers; and

(c)the regulation of residential tenancy databases through the adoption of nationally consistent provisions; and

(d)increased regulation of fire safety and emergency response management of caravan parks and movable dwellings; and

(e)increased penalties for offences under that Act.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If this Act, except Part 7, does not come into operation before 31 March 2012, it comes into operation on that day.

3Principal Act

In this Act the Residential Tenancies Act 1997 is called the Principal Act.

__________________

Part 2—Amendments to Parts 1 and 4 of the Principal Act

Division 1—Amendments to Part 1—Preliminary

4Purposes

In section 1 of the Principal Act—

(a)in paragraph (h) for "dwellings." substitute "dwellings; and";

(b)after paragraph (h) insert—

"(i)to provide for the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings.".

5Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

"annexe means a movable dwelling that—

(a)is attached to a registrable movable dwelling or unregistrable movable dwelling; and

(b)extends the habitable area of that dwelling;

fixed term site agreement means a site agreement for a fixed term;

Part 4A dwelling means a dwelling fully or partially owned by a site tenant—

(a)designed, built or manufactured to be transported from one place to another for use as a residence; or

(b)any other prescribed Part 4A dwelling—

but does not include—

(c)a registrable movable dwelling; or

(d)a registrable movable dwelling with an annexe attached; or

(e)a dwelling that was previously a registrable movable dwelling but that has been modified to the extent that it no longer satisfies the definition of a registrable movable dwelling, unless it was so modified before the commencement of section 5 of the Residential Tenancies Amendment Act 2010;

Part 4A park means an area of land where—

(a)sites of land are available for occupation under a site agreement; and

(b)Part 4A dwellings may be situated on those sites; and

(c)common areas or facilities are available for the use of a person occupying a Part 4A site—

and includes a caravan park if the caravan park contains Part 4A sites;

Part 4A site means a site that is available for occupation under a site agreement;

periodic site agreement means a site agreement other than a fixed term site agreement;

registrable movable dwelling means a movable dwelling that is or has been registered or is required to be registered under the Road Safety Act 1986;

site agreement means an agreement under which a person lets land as a Part 4A site for the purposes of the occupation of a Part 4A dwelling on that land by the Part 4A dwelling owner as a residence;

site agreement provisions means any provisions of this Act to the extent to which they apply to a Part 4A site, a Part 4A dwelling, a site owner or a site tenant;

site owner means the person by whom a Part 4A site—

(a)is let under a site agreement; or

(b)is to be let under a proposed site agreement;

site tenant means the person to whom a Part 4A site—

(a)is let under a site agreement; or

(b)is to be let under a proposed site agreement;

unregistrable movable dwelling means a movable dwelling that—

(a)is constructed on a chassis or in prefabricated sections; and

(b)once installed, is a freestanding dwelling with solid walls and roof; and

(c)is not a registrable movable dwelling.".

(2)In section 3(1) of the Principal Act, in the definition of bond—

(a)in paragraph (b), for "residency;" substitute "residency; or";

(b)after paragraph (b) insert—

"(c)an amount paid or payable by a site tenant to secure his or her performance and observance of the site agreement or any of the provisions of this Act relating to the site agreement;".

(3)In section 3(1) of the Principal Act, in the definition of common area—

(a)for "tenants or residents" substitute "tenants, residents or site tenants";

(b)for "room or site" substitute "room, site or Part 4A site".

(4)In section 3(1) of the Principal Act, in the definition of facilities—

(a)in paragraph (l), for "tenants or residents" substitute "tenants, residents or site tenants";

(b)for "tenant or resident" substitute "tenant, resident or site tenant";

(c)for "room or site" substitute "room, site or Part 4A site".

(5)In section 3(1) of the Principal Act, in the definition of rent—

(a)in paragraph (c), for "services—" substitute "services; or";

(b)after paragraph (c) insert—

"(d)in relation to a site agreement, the amount paid to a site owner by a site tenant to occupy a Part 4A site and use facilities and services—".

(c)for "109A or 162" substitute "109A, 162 or 206ZE".

(6)In section 3(1) of the Principal Act, in paragraph (b) of the definition of resident after "person" insert "(other than a site tenant)".

(7)In section 3(1) of the Principal Act, in the definition of visitor—

(a)in paragraph (c), for "the resident." substitute "the resident; and";

(b)after paragraph (c) insert—

"(d)a site tenant, means a person on a Part 4A site or in a Part 4A dwelling or Part 4A park with the permission of the site tenant.".

Division 2—Amendments to Part 1—Residential Tenancies—Tenancy agreements

6Application of Act to site agreements

(1)In the heading to Division 2 of Part 1 of the Principal Act, for "and rooming houses" substitute ", rooming houses and site agreements".

(2)After Subdivision 3 of Division 2 of Part 1 of the Principal Act insert—

"Subdivision 4—Application to site agreements

23AApplication of Act to assignees and transferees

This Act applies to a person to whom the rights and duties of—

(a)a site owner under a site agreement; or

(b)a site tenant under a site agreement—

have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law.

23BSite agreements exceeding 5 years

This Act applies to a site agreement whether or not the initial term of the site agreement exceeds 5 years.

23CPart 4A site used under contract of employment

This Act does not apply to a site agreement created or arising under the terms of a contract of employment or entered into in relation to a contract of employment.

23DPart 4A site used primarily as a residence

This Act applies to a site agreement if the Part 4A site the subject of the site agreement is used primarily for residential purposes even if a trade, profession or business is also carried on by the site tenant on that site.

23EPart 4A site used for holidays

This Act does not apply to a site agreement if the Part 4A site the subject of the site agreement is ordinarily used for holiday purposes.

23FPrescribed Part 4A sites and prescribed site agreements

(1)This Act does not apply to a Part 4A site if the Part 4A site is a prescribed Part 4A site or is included in a class of prescribed Part 4A site.

(2)This Act does not apply to a site agreement if the site agreement is a prescribed site agreement or is included in a class of prescribed site agreement.

23GCertain provisions not to apply to site agreements

(1)Parts IV and IVA of the Landlord and Tenant Act 1958 do not apply in relation to a site agreement to which this Act applies.

(2)Sections 137, 144, 145, 146 and 150 of the Property Law Act 1958 do not apply in relation to a site agreement to which this Act applies.".

7Application for exemption

After section 24(2) of the Principal Act insert—

"(3)A site owner or site tenant may apply to the Tribunal for an order declaring that a provision of this Act (other than Part 14) does not apply to the site agreement.".

8Order of Tribunal

(1)After section 25(2) of the Principal Act insert—

"(2A)On an application under section 24(3), the Tribunal, after hearing the site owner and the site tenant, may by order declare that the provision does not apply to the site agreement.".

(2)In section 25(3) and (4) of the Principal Act, for "(1) or (2)" substitute "(1), (2) or (2A)".

Division 3—Amendments to Part 4—Caravan parks and movable dwellings—Residency rights and duties

9New Division 1AA of Part 4 inserted

Before the heading to Division 1 of Part 4 of the Principal Act insert—

"Division 1AA—Application of Part

143AAApplication of Part to caravan parks and movable dwellings

(1)This Part applies to a person who is—

(a)a resident of a caravan park who has a right to reside on a caravan park site and a right to reside in a caravan situated on that site; and

(b)a resident of a caravan park who has a right to reside on a caravan park site and who owns a caravan that is situated on that site, unless that caravan is a Part 4A dwelling; and

(c)a person who resides in a Part 4A dwelling on a Part 4A site (other than under a site agreement) and who does not own that Part 4A dwelling in whole or in part.

(2)This Part does not apply to site agreements.".

__________________

Part 3—New Part 4A

10New Part 4A inserted

After Part 4 of the Principal Act insert—

"Part 4A—Site Agreements and Site–Tenant Owned Dwellings

Division 1—General requirements for site agreements

206BRights of site tenants

Subject to this Act and the terms of a site agreement, a site tenant has a right—

(a)to occupy and use the Part 4A site to which the site agreement applies; and

(b)to have his or her Part 4A dwelling situated on that Part 4A site; and

(c)to use the facilities and common areas of the Part 4A park in which that Part 4A site is located.

206CPart 4A dwelling not a fixture

Despite any Act or law to the contrary, including the common law, a Part 4A dwelling owned by a site tenant does not form a fixture of the Part 4A site on which the Part 4A dwelling is situated.

206DCrown land

A site agreement cannot be entered into in relation to Crown land.

206ESite agreements to be in writing

(1)A site agreement must be in writing.

(2)A site owner must not enter into a site agreement with a site tenant that is not in writing.

Penalty:60 penalty units.

(3)A failure to comply with this section does not—

(a)make the site agreement illegal, invalid or unenforceable; or

(b)affect the application of this Act to the site agreement.

206FTerms of site agreement

(1)A site agreement—

(a)must include the prescribed terms, if any; and

(b)may include any other term that is not inconsistent with this Act or the prescribed terms referred to in paragraph (a); and

(c)must contain any other prescribed matters.

(2)A site agreement that does not include a prescribed term is taken to include the prescribed term.

(3)A term included in a site agreement is void to the extent that—

(a)it is inconsistent with this Act; or

(b)it purports to exclude, restrict or modify the application of, or the exercise of a right conferred by, this Act; or

(c)it is inconsistent with the prescribed terms referred to in subsection (1)(a) or inconsistent with the matters referred to in subsection (1)(c).

206GHarsh and unconscionable terms

(1)A site tenant may apply to the Tribunal for an order—

(a)declaring a term of a site agreement invalid; or

(b)varying a term of a site agreement.

(2)On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the site agreement if it is satisfied that the term—

(a)is harsh or unconscionable; or

(b)is such that a court exercising its equitable jurisdiction would grant relief.

(3)An order under this section has effect according to its terms.

206HMinimum terms for site agreements in new parks

(1)A site owner who enters into or renews a site agreement with a site tenant must offer a fixed term site agreement for a minimum term of 5 years if the Part 4A site that is the subject of the site agreement is situated in a Part 4A park that is registered as a caravan park under Part 14 on or after the commencement of section 10 of the Residential Tenancies Amendment Act 2010.

(2)If a site agreement to which subsection (1) applies is entered into for a period of less than 5 years, the site agreement is taken to be a fixed term site agreement for a term of 5 years.

206ISite agreement consideration period

(1)A site owner must not give a site tenant—

(a)a proposed site agreement; or

(b)any other document which contains terms that are proposed to form part of the site agreement—

to sign unless the site owner has given the site tenant a copy of that proposed site agreement or other document at least 20 days earlier.

Penalty:20 penalty units.

(2)At the time a site owner gives a site tenant a proposed site agreement or other document in accordance with subsection (1), the site owner must give the site tenant a notice in the prescribed form of the cooling off period and the site tenant's right to rescind the site agreement under section 206J.

206JCooling off period

(1)A site tenant may rescind a site agreement at any time within 5 business days from the date that the site tenant signs the site agreement by providing written notice to the site owner to that effect.

(2)A notice under subsection (1) must be—

(a)given to the site owner or an agent of the site owner; or

(b)left at the address for service of the site owner specified in the site agreement.

(3)If a site tenant rescinds a site agreement in accordance with this section, the site tenant is entitled to a refund of all moneys paid by the site tenant under the site agreement less the sum of $100 or the prescribed amount (whichever is greater) to which the site owner is entitled.

Division 2—Bonds

206KWhat is the maximum bond?

(1)Subject to this Act, a person must not demand or accept in relation to a site agreement a bond the total of which exceeds—

(a)the amount of rent payable under the site agreement for one month, unless an order is in force under section 206M; or

(b)the maximum amount of the bond determined under an order in force under section 206M.

Penalty:20 penalty units.

(2)Subsection (1) does not apply to a site agreement if the amount of rent payable under a site agreement for one week exceeds—

(a)$350; or

(b)if a greater amount is prescribed for the purposes of this section, that greater amount.

206LApplication to increase maximum amount of bond

A site owner who wishes to demand a bond in relation to a site agreement or proposed site agreement which exceeds the limit set under section 206K may apply to the Tribunal for an order determining the maximum amount of the bond.

206MTribunal may determine maximum bond

On an application under section 206L, the Tribunal may make an order determining the maximum amount of bond payable if it considers that it is reasonable to increase the bond having regard to the character and condition of the Part 4A site.

206NNot more than one bond is payable in respect of continuous occupation

A person must not demand or accept a bond for a subsequent site agreement under which a site tenant continues in occupation of a Part 4A site if that site tenant—

(a)has paid a bond for the initial site agreement under which the amount of rent payable for one week does not exceed—

(i)$350; or

(ii)if a greater amount is prescribed for the purposes of section 206K, that greater amount; and

(b)continues in occupation of the Part 4A site under the subsequent site agreement.

Penalty:20 penalty units.

206OCondition report

(1)If a site tenant pays a bond, the site owner must, before the site tenant enters into occupation of the Part 4A site, give the site tenant 2 copies of a condition report signed by or on behalf of the site owner specifying the state of repair and general condition of the Part 4A site on the day specified in the report.

Penalty:10 penalty units.

(2)Within 3 business days after entering into occupation of the Part 4A site, the site tenant must return one copy of the condition report to the site owner—

(a)signed by or on behalf of the site tenant; or

(b)with an endorsement so signed to the effect that the site tenant agrees or disagrees with the whole or any specified part of the report.

206PCondition report is evidence of state of repair

(1)A statement in a condition report under section 206O is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the Part 4A site on the day specified in the report if the condition report is signed by or on behalf of the site owner and the site tenant.

(2)Subsection (1) does not apply to—

(a)a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the Part 4A site; or

(b)a statement with which the site tenant disagrees under an endorsement on the report.

206QCertain guarantees prohibited

(1)A person must not demand or require a site tenant to obtain a guarantee for the performance of any of the site tenant's duties in relation to the site agreement if the site tenant has paid or is required to pay a bond under a site agreement.

Penalty:20 penalty units.

(2)This section does not apply to a site agreement referred to in section 206K(2).

(3)A guarantee obtained in contravention of this section is invalid and unenforceable.

206RMaximum amount of certain guarantees

(1)If a site tenant—

(a)has not paid a bond or has not been required to pay a bond; and

(b)has obtained a guarantee in relation to a site agreement—

the guarantee is unenforceable against the guarantor to the extent to which the amount guaranteed exceeds the amount of rent payable under the site agreement for one month.

(2)This section does not apply to a site agreement referred to in section 206K(2).

Division 3—Rents and other charges

206SRent, fees and charges under site agreements

(1)A site agreement must include details of—

(a)the rent, fees and other charges payable under the site agreement; and

(b)the amount of the rent, fees and other charges payable under the site agreement; and

(c)the purposes for which the rent, fees and other charges are charged under the site agreement; and

(d)the basis on which the rent, fees and other charges are calculated and adjusted under the site agreement; and

(e)the circumstances in which the rent, fees and other charges may be reviewed; and

(f)the commission (if any) that may be charged by the site owner for the sale of the site tenant's Part 4A dwelling.

(2)A site owner must not require payment of any amount under the site agreement if the amount has not been disclosed in the site agreement in accordance with this section.

206TLimit on rent in advance

A site owner must not require a site tenant to pay rent more than one month in advance.

Penalty:20 penalty units.

206UReceipts for rent

(1)A person who receives a payment of rent from a site tenant must give a written receipt in accordance with this section to the person making the payment—

(a)immediately, if the payment is made in person; or

(b)if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.

Penalty:10 penalty units.

(2)If a person receives a payment of rent from a site tenant and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent until the earlier of—

(a)the end of 12 months after receiving the payment; or

(b)if the site tenant requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the site tenant.

Penalty:10 penalty units.

(3)If a site tenant requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under subsection (2) must provide a copy of that record to the site tenant within 5 business days after receiving the request.

Penalty:10 penalty units.

(4)For the purposes of subsection (2), a record must contain information which enables the details specified in subsection (5) to be identified.

(5)A receipt under this section must be signed by the person who receives the payment and must state—

(a)the name of the site tenant and the Part 4A park; and

(b)the date of receipt; and

(c)the period for which payment is made; and

(d)the amount paid; and

(e)the fact that the payment is for rent.

(6)The regulations may provide that a prescribed person is exempt from subsection (1), (2) or (5) subject to the conditions, if any, specified in the regulations.

206VHow much notice is required of rent increase?

(1)A site owner must give a site tenant at least 60 days notice in the prescribed form of a proposed rent increase under—

(a)a site agreement; or

(b)a proposed site agreement that is to replace an existing site agreement.

(2)A notice of a proposed rent increase under subsection (1) may only provide for one rent increase.

(3)The notice of a proposed rent increase must include a statement informing the site tenant of the site tenant's right under section 206W to apply within 30 days after the notice is given to the Director to investigate and report on the proposed rent.

(4)A site owner must not increase the rent payable by a site tenant at intervals of less than 6 months.

(5)A rent increase in contravention of this section is invalid despite anything to the contrary in the site agreement.

206WSite tenant may complain to Director about excessive rent

(1)A site tenant may apply to the Director to investigate and report if the site tenant has received a notice of a rent increase and the site tenant considers that the proposed rent is excessive.

(2)An application under subsection (1) must be made in writing within 30 days after the notice of the rent increase is given.

(3)As soon as practicable after receiving an application, the Director must—

(a)carry out an investigation; and

(b)give a written report to the site tenant and a copy of the report to the site owner.

(4)The report of the Director must—

(a)include a statement informing the site tenant of the site tenant's right under section 206X to apply to the Tribunal for an order in respect of the proposed rent; and

(b)take into account the matters referred to in section 206Y(3).

206XApplication to Tribunal about excessive rent

(1)After receiving a report from the Director under section 206W, the site tenant may apply to the Tribunal for an order declaring the proposed rent excessive.

(2)An application under subsection (1) must be made within 30 days after the site tenant receives the Director's report.

206YWhat can the Tribunal order?

(1)If an application is made under section 206X, the Tribunal may—

(a)make an order—

(i)declaring the proposed rent excessive; and

(ii)directing that for the period specified in the order the rent must not exceed the amount specified in the order; or

(b)dismiss the application.

(2)The Tribunal must have regard to the Director's report obtained under section 206W in determining the application.

(3)The Tribunal must make an order declaring the proposed rent excessive if it is satisfied that the proposed rent is more than that which should reasonably be paid by a site tenant having regard to—

(a)the rent payable for a similar Part 4A site in the Part 4A park;

(b)the rent payable for a similar Part 4A site in a similar Part 4A park in a similar location;

(c)the state of repair and general condition of the Part 4A site and the Part 4A park;

(d)any variation in the cost of providing facilities or services that the site owner provides;

(e)any changes in the rent and the condition of the Part 4A site or facilities in the Part 4A park since the site tenant first occupied the Part 4A site and since the last rent increase;

(f)the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;

(g)any improvements made to the Part 4A site which should not result in an increase because they were made by the site tenant;

(h)the terms of the existing or proposed site agreement (if any).

(4)If the Tribunal makes an order under subsection (1)(a), a site owner cannot require a site tenant to pay an amount of rent greater than that specified in the order for a period of 6 months after the day on which the order comes into operation.

(5)The amount specified in the order must not be less than the amount payable by the site tenant immediately before the notice was given under section 206V.

206ZPayment of increased rent pending Tribunal decision

(1)Pending the Tribunal's decision under section 206Y, the site tenant must pay, from the time the proposed increase is to apply, the lesser of—

(a)the increased rent specified in the notice under section 206V; or

(b)110% of the rent immediately before the notice was given.

(2)If the Tribunal makes an order under section 206Y, it may also order that any excess rent paid by the site tenant from the time the increase took effect until the date of the order be refunded by the site owner.

(3)The order may specify the procedure for the refund to the site tenant.

206ZAAdditional charge

(1)A site owner may charge a site tenant a reasonable additional charge for any visitor who stays on the Part 4A site that is occupied by the site tenant.

(2)A site tenant may apply to the Tribunal for an order that the additional charge imposed is unreasonable.

(3)If, after hearing the site tenant and the site owner, the Tribunal determines that the amount of the additional charge is unreasonable, it may determine the amount of additional charge to be paid by the site tenant and make an order accordingly.

206ZBRent must be reduced if services are reduced

(1)Despite anything to the contrary in the site agreement, if a site owner ceases providing services to a site tenant, the site owner must reduce the rent by—

(a)the amount agreed between them; or

(b)an amount determined by the Tribunal in the absence of any agreement on an application by either party.

(2)If the Tribunal determines an amount under subsection (1)(b), it may also order that—

(a)the reduction in rent is to take effect from the time the site owner ceased to provide services to the site tenant; and

(b)the site owner is to refund to the site tenant any excess rent paid by the site tenant from the time the site owner ceased to provide services until the date of the order.

206ZCSite tenant's goods not to be taken for rent

A person must not take or dispose of the goods or Part 4A dwelling of a site tenant on account of rent owing by the site tenant.

Penalty:20 penalty units.

Division 4—Other charges

206ZDFee for supply of key

A site owner may charge a reasonable initial fee for the supply of a key or device enabling a site tenant to gain vehicular access to the Part 4A park.

206ZESite tenant's liability for electricity, gas and water charges

(1)A site tenant is liable for all charges made for the supply or use of electricity, gas, water, drainage and sewerage to a Part 4A site while the site tenant occupies the Part 4A site, if those services are separately metered.

(2)A site tenant is liable for all charges in respect of the supply or use of bottled gas at a Part 4A site while the site tenant occupies the Part 4A site.

206ZFSite owner's liability for electricity, gas and water charges

A site owner is liable for—

(a)the installation costs and charges in respect of the initial connection to a Part 4A site of any electricity, water or gas (including bottled gas) supply service;

(b)the cost of all services to a Part 4A site if those services are not separately metered;

(c)all charges arising from a water supply service to a separately metered Part 4A site that are not based on the amount of water supplied or used;

(d)all charges related to the supply or use of sewerage and drainage services to or at a separately metered Part 4A site that are not based on the extent of use of the services.

206ZGReimbursement

(1)If a site owner pays for anything for which a site tenant is liable under section 206ZE, the site tenant must reimburse the site owner within 28 days after receiving a written request for reimbursement attached to a copy of the account and the receipt or other evidence of payment.

(2)If a site tenant pays for anything for which the site owner is liable under section 206ZF, the site owner must reimburse the site tenant within 28 days after receiving a written request for reimbursement attached to a copy of the account and the receipt or other evidence of payment.

(3)Subsection (1) does not apply if the site owner directly bills the site tenant under a re‑sale agreement with a supply authority.

206ZHSite owner must not seek overpayment for utility charges

(1)A site owner must not seek payment or reimbursement for a cost or charge under section 206ZG that is more than the amount that the relevant supplier of the utility would have charged the site tenant.

Penalty:20 penalty units.

(2)If the relevant supplier of the utility has issued an account to the site owner, a site owner cannot recover from the site tenant an amount which includes any amount that could have been claimed as a concession or rebate by or on behalf of the site tenant from the relevant supplier of the utility.

(3)Subsection (2) does not apply if the concession or rebate—

(a)must be claimed by the site tenant and the site owner has given the site tenant the opportunity to claim it and the site tenant does not do so by the payment date set by the relevant supplier of the utility; or

(b)is paid directly to the site tenant as a refund.

Division 5—General duties of site tenants

206ZISite tenant's use of site

(1)A site tenant must use the Part 4A site for residential purposes only and in accordance with the site agreement.

(2)A site tenant must—

(a)use the Part 4A site, Part 4A park and facilities properly; and

(b)ensure that his or her visitors (if any) do the same.

206ZJSite tenant must not use site for illegal purpose

A site tenant must not use the Part 4A site or permit its use for any purpose that is illegal at common law or under an Act.

206ZKSite tenant's duty to pay rent

A site tenant must pay the rent, fees and other charges agreed with the site owner on the due dates and in the agreed manner.

206ZLQuiet enjoyment—site tenant's duty

A site tenant must not do anything in or near the Part 4A dwelling, Part 4A site or Part 4A park or allow his or her visitors to the Part 4A site or Part 4A park to do anything which interferes with—

(a)the privacy and peace and quiet of other occupants of the Part 4A park; or

(b)the proper use and enjoyment of the Part 4A park by other occupants of the Part 4A park.

206ZMSite tenant must keep site clean

(1)A site tenant must keep the Part 4A site clean and tidy.

(2)A site tenant must maintain the Part 4A site and his or her Part 4A dwelling in a manner and condition that do not detract from the general standard of the Part 4A park as set by the site owner from time to time.

206ZNSite tenant must not erect structures

A site tenant must not erect any structure other than a Part 4A dwelling on the Part 4A site or in the Part 4A park without the prior written consent of the site owner.

206ZOSite tenant must notify site owner of and compensate for damage

(1)If any damage other than fair wear and tear is caused to a Part 4A site or any facility in the Part 4A park by the site tenant or his or her visitors, the site tenant must—

(a)repair the damage; or

(b)notify the site owner of the damage and pay compensation for the damage to the site owner.

(2)A site tenant must report to the site owner any damage to or breakdown of communal facilities of which the site tenant has knowledge.

206ZPNumber of persons residing on Part 4A site

A site tenant must not allow more than the number of persons agreed with the site owner to reside on the Part 4A site.

206ZQSite tenant must observe Part 4A park rules

A site tenant must observe all Part 4A park rules made from time to time in accordance with this Act.

Division 6—General duties of site owners

206ZRSite owner must give tenant certain information

(1)Before entering into a site agreement, the site owner must give the site tenant a written statement in a form approved by the Director setting out in summary form the rights and duties of a site owner and site tenant under this Act.

Penalty:20 penalty units.

(2)Before entering into a site agreement, the site owner must give the site tenant a written statement of any other prescribed matters.

Penalty:20 penalty units.

(3)If a site owner—

(a)supplies false information to the site tenant in the statements required to be given by this section; or

(b)fails to supply all the information required to be supplied in the statements required to be given by this section—

the site tenant may rescind the site agreement that has been entered into on the basis of that information within 28 days of the date that the site agreement is entered into.

(4)If—

(a)a notice of intention to acquire land has been served under section 6 of the Land Acquisition and Compensation Act 1986; and

(b)the land is subject to a site agreement—

the site tenant may rescind the site agreement at any time within 28 days from the date that the site agreement is entered into.

206ZSPart 4A site plans

(1)Before entering into a site agreement, the site owner must give the site tenant a plan of the Part 4A park that identifies the Part 4A site on which the site tenant's Part 4A dwelling is or is to be situated.

Penalty:20 penalty units.

(2)A site tenant may apply to the Tribunal for an order that the site owner give the site tenant a plan described in subsection (1).

206ZTSite owner must provide access

A site owner must—

(a)provide 24 hours vehicular access for all site tenants to all Part 4A sites; and

(b)provide 24 hour access for all site tenants to the Part 4A park; and

(c)provide access during all reasonable hours for site tenants to the recreational areas and laundry and communal facilities that the site tenant is entitled to access under the terms of a site agreement.

206ZUQuiet enjoyment—site owner's duty

(1)A site owner must not unreasonably restrict or interfere with the privacy, peace and quiet or proper use and enjoyment of a Part 4A dwelling, Part 4A site and communal facilities by a site tenant.

(2)A site owner must not unreasonably restrict or interfere with a site tenant's occupation of a Part 4A dwelling.

206ZVSite owner must keep Part 4A park clean

(1)A site owner must keep common areas, facilities, gardens, roadways, paths and recreation areas in the Part 4A park clean and in a safe condition.

(2)A site owner must arrange for the collection of garbage of site tenants and other garbage from the Part 4A park.

206ZWDuty of site owner to maintain communal areas

(1)A site owner must maintain, repair and keep clean and tidy all communal bathrooms, toilets, laundries and other communal facilities in the Part 4A park.

(2)When repairing or renovating communal facilities, a site owner must—

(a)minimise inconvenience and disruption to site tenants; and

(b)if necessary, provide temporary substitute facilities.

206ZXSite owner to give additional information

(1)If there is no agent acting for the site owner, a site owner must, on or before the required day, give the site tenant—

(a)written notice of the site owner's full name and address for the service of documents; and

(b)an emergency telephone number to be used in the case of the need for urgent repairs.

Penalty:10 penalty units.

(2)If there is an agent acting for the site owner, a site owner must, on or before the required day, give the site tenant—

(a)written notice of the agent's full name and address for service of documents and the agent's telephone number; and

(b)a written statement setting out—

(i)whether or not the agent can authorise urgent repairs; and

(ii)if the agent can authorise urgent repairs, the maximum amount for repairs which the agent can authorise; and

(iii)the agent's telephone number for urgent repairs.

Penalty:10 penalty units.

(3)A site owner must give a site tenant notice in writing of any change in the information set out in subsection (1) or (2) before the end of 7 days after the change.

Penalty:10 penalty units.

(4)In this section required day means a day 7 days after a person becomes a site tenant.

Division 7—Part 4A park rules

206ZYSite owner may make Part 4A park rules

(1)A site owner may from time to time make rules relating to the use, enjoyment, control and management of the Part 4A park.

(2)Without limiting subsection (1), Part 4A park rules may be made in relation to—

(a)the making and abatement of noise;

(b)motor vehicle speed limits within the Part 4A park;

(c)the parking of motor vehicles;

(d)the disposal of refuse;

(e)the keeping of pets;

(f)the playing of games and other sports activities;

(g)the use and operation of communal facilities.

(3)A site owner must—

(a)provide a copy of the Park 4A park rules to a site tenant before entering into a site agreement with the site tenant; and

(b)take all reasonable steps to ensure that the Part 4A park rules are observed by all site tenants; and

(c)ensure that the Part 4A park rules are reasonable and are enforced and interpreted consistently and fairly.

206ZZAmendment of Part 4A park rules

(1)A site owner must give a site tenant at least 7 days written notice of any proposed change in the Part 4A park rules.

Penalty:20 penalty units.

(2)A site owner must consult with the site tenants in the Part 4A park in respect of a proposed change to the Part 4A park rules.

Penalty:20 penalty units.

(3)A site owner is taken to have consulted with the site tenants in accordance with this section if the site owner has—

(a)provided details of the proposed amendment to the Part 4A park rules in writing to the site tenants; and

(b)allowed at least 14 days for the site tenants to respond in writing; and

(c)considered and responded in writing to any written responses received from the site tenants.

206ZZAWhat if the Part 4A park rules are thought to be unreasonable?

(1)A site tenant may apply to the Tribunal for an order declaring a Part 4A park rule to be unreasonable.

(2)If the Tribunal considers that a Part 4A park rule is unreasonable, it may declare the rule invalid.

(3)In making a declaration under subsection (3) the Tribunal must have regard to—

(a)the location of the Part 4A park; and

(b)the number and characteristics of the site tenants and other residents of the Part 4A park; and

(c)the internal layout of the Part 4A park; and

(d)the amenities, improvements, facilities and other physical features of the Part 4A park; and

(e)the levels of rent and other charges paid by the site tenants; and

(f)any other prescribed matters.

Division 8—Site tenants' committees

206ZZBParticipation in site tenants' committee

A site tenant is entitled to participate in any site tenants' committee formed in respect of a Part 4A park of which he or she is a site tenant.

206ZZCSite owner's duties to site tenants' committees

(1)A site owner must not unreasonably interfere with a site tenant's right to participate in a site tenants' committee.

Penalty:20 penalty units.

(2)A site owner must allow the site tenants to use suitable communal park facilities for meetings of a site tenants' committee.

Division 9—Assignment and sub-letting

206ZZDAssignment by a site tenant

(1)A site tenant must not assign a site agreement without the site owner's written consent.

(2)A site owner must not unreasonably withhold consent to the assignment of a site agreement.

(3)An assignment of a site agreement without the site owner's consent is invalid unless the Tribunal has determined that consent is not required.

206ZZESub-letting by a site tenant

(1)A site tenant must not sub-let the whole or any part of a Part 4A site to which a site agreement applies without the site owner's written consent.

(2)A site owner must not unreasonably withhold consent to the sub-letting of the whole or a part of the Part 4A site.

(3)A sub-letting of the whole or a part of the Part 4A site without the site owner's consent is invalid unless the Tribunal has determined that consent is not required.

206ZZFSite tenant may apply to Tribunal

(1)A site tenant may apply to the Tribunal for a determination that the consent of the site owner to the assignment of a site agreement or the sub-letting of the whole or any part of a Part 4A site is not required if—

(a)the site owner withholds consent; and

(b)the site tenant believes that the withholding of the consent is unreasonable.

(2)The Tribunal may order that consent is not required.

206ZZGSite owner cannot ask for fee for giving consent

(1)A site owner must not demand or receive a fee or payment for giving consent to the assignment of a site agreement or the sub-letting of the whole or any part of a Part 4A site.

Penalty:20 penalty units.

(2)A site owner must not refuse to consent to an assignment of a site agreement or the sub-letting of the whole or any part of a Part 4A site on the ground that the site tenant has refused to pay a fee or amount for the consent.

Penalty:20 penalty units.

(3)If the site tenant has paid the site owner a fee or amount for the consent to an assignment or sub-letting, the site tenant may apply to the Tribunal for an order that the site owner refund to the site tenant the amount of the payment.

(4)This section does not prevent a site owner from requiring the site tenant to bear any fees, costs or charges incurred by the site owner in connection with the preparation of a written assignment of a site agreement.

206ZZHSale of Part 4A dwelling

(1)A site owner may enter into an agreement with a site tenant or former site tenant to sell a Part 4A dwelling on behalf of the site tenant or former site tenant.

(2)A site owner must not require a site tenant to enter into an agreement under subsection (1).

Penalty:40 penalty units.

(3)A site owner who enters into an agreement to sell a Part 4A dwelling on behalf of a site tenant or former site tenant must not charge a commission for the sale unless the scale or amount of commission has been disclosed in accordance with section 206S.

Penalty:10 penalty units.

(4)A site owner must not by act or omission obstruct or hinder the sale of a Part 4A dwelling by a site tenant.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

Division 10—Rights of entry

206ZZIEntry of Part 4A site and Part 4A dwelling by site owner

(1)A site owner or a person appointed in writing as the site owner's agent for the purposes of this section has a right to enter a Part 4A site occupied by a site tenant—

(a)if the site tenant agrees at the time entry is sought; or

(b)if there is an emergency and immediate entry is necessary to save life or valuable property; or

(c)if the Tribunal has made an abandonment order under section 317W; or

(d)for a purpose set out in section 206ZZJ, at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 24 hours notice has been given to the site tenant in accordance with section 206ZZL.

(2)A site owner or a person appointed in writing as the site owner's agent for the purposes of this section has a right to enter a Part 4A dwelling occupied by a site tenant—

(a)if the site tenant agrees at the time entry is sought; or

(b)if there is an emergency and immediate entry is necessary to save life or valuable property; or

(c)if the Tribunal has made an abandonment order under section 317W.

206ZZJGrounds for entry of Part 4A site

A right of entry in respect of a Part 4A site may be exercised if—

(a)before giving notice of entry, a notice to vacate or a notice of intention to vacate the Part 4A site has been given and entry is required to show the Part 4A site to a prospective site tenant; or

(b)the Part 4A site is to be sold or used as security for a loan and entry is required to show the Part 4A site to a prospective buyer or lender; or

(c)entry is required to enable the site owner to carry out a duty under this Act or any other Act; or

(d)the site owner or the site owner's agent has reasonable grounds to believe that the site tenant has failed to comply with his or her duties under this Act; or

(e)entry is required to enable inspection of the Part 4A site and entry for that purpose has not been made within the last 6 months.

206ZZKManner of entry

A person exercising a right of entry under this Division—

(a)must do so in a reasonable manner; and

(b)must not stay on the Part 4A site or in the Part 4A dwelling longer than is necessary to achieve the purpose of the entry without the site tenant's consent.

206ZZLWhat must be in a notice of entry?

A notice under this Division requiring entry must—

(a)be in writing; and

(b)state why the site owner or the site owner's agent wishes to enter; and

(c)be given—

(i)by post; or

(ii)by delivering it personally to the site tenant between the hours of 8 a.m. and 6 p.m.

206ZZMSite tenant has duty to permit entry

A site tenant has a duty to permit a person exercising a right of entry in accordance with this Division to enter the Part 4A site or Part 4A dwelling (as the case requires).

206ZZNWhat if damage is caused during entry?

(1)A site tenant may apply to the Tribunal for an order for compensation if the site owner or the site owner's agent causes damage to the site tenant's goods on the Part 4A site, including the Part 4A dwelling, when exercising a right of entry under this Division.

(2)If an application is made under subsection (1), the Tribunal—

(a)may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the site tenant's goods on the Part 4A site; or

(b)may refuse to make an order.

206ZZOWhat if a person exercising right of entry fails to comply with Division?      

(1)If the site owner or the site owner's agent has exercised a right of entry and in doing so fails to comply with this Division, the site tenant may apply to the Tribunal for an order restraining the site owner or the site owner's agent from exercising a right of entry under this Division for a specified period.

(2)If an application is made under subsection (1), the Tribunal—

(a)may make an order prohibiting the site owner or the site owner's agent from exercising a right of entry under this Division (except for a purpose set out in section 206ZZJ(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or

(b)may refuse to make an order.

206ZZPOffence relating to entering a site occupied by a site tenant

A site owner or a site owner's agent must not, without reasonable excuse, enter a Part 4A site or a Part 4A dwelling occupied by a site tenant otherwise than in accordance with this Division.

Penalty:10 penalty units.

__________________".

__________________

Part 4—Amendments Consequential on New Part 4A

Division 1—Amendments to Part 5—Compensation and compliance

11Definitions in Part 5

(1)In section 207 of the Principal Act, in the definition of duty provision—

(a)in paragraph (c)(ii), for "168;" substitute "168; or";

(b)after paragraph (c) insert—

"(d)in relation to a Part 4A park—

(i)section 206ZZM; or

(ii)any provision of Division 5 or Division 6 of Part 4A;".

(2)In section 207 of the Principal Act, in the definition of required time—

(a)in paragraph (c)(ii) for "days." substitute "days; or";

(b)after paragraph (c) insert—

"(d)in relation to a Part 4A site—

(i)for a duty under section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(a), (c) or (e), 14 days; or

(ia)for a duty under section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(b) or (d), 3 days; or

(ii)for a duty under Division 5 or Division 6 of Part 4A, 14 days.".

12Breach of duty notice

In section 208(2)(e) of the Principal Act—

(a)in subparagraph (ii) after "240" insert "or 317V (as the case requires)";

(b)in subparagraph (iii) for "283 or 308" substitute "283, 308 or 317ZB".

13Tribunal must hear application urgently

In section 209A of the Principal Act—

(a)in paragraph (c) for "201(b)." substitute "201(b); or";

(b)after paragraph (c) insert—

"(d)a breach of section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(b).".

14New section 210B inserted

After section 210A of the Principal Act insert—

"210B   Application to Tribunal by site tenant or site owner for compensation

(1)A party to a site agreement may apply to the Tribunal for an order for payment to the applicant by the other party to the site agreement of compensation for loss or damage suffered by the applicant because—

(a)the other party failed to comply with the site agreement or that party's duties under this Act relating to the site agreement; or

(b)the applicant has paid to the other party more than the applicant is required to pay in accordance with this Act or the site agreement.

(2)This section does not apply to a duty under a duty provision or section 206ZR.".

15Matters which may be considered by Tribunal

In section 211 of the Principal Act—

(a)for "210 or 210A" substitute "210, 210A or 210B";

(b)in paragraph (a), after "tenancy agreement" insert "or site agreement";

(c)after paragraph (b) insert—

"(ba)in the case of a site agreement—

(i)the remaining term of the site agreement;

(ii)the costs of finding an alternative Part 4A site or entering into a new site agreement;

(iii)the costs for the relocation of the Part 4A dwelling, including the costs of disassembly, transport and reassembly of the Part 4A dwelling;

(iv)the costs of disposing of the Part 4A dwelling;

(v)any other prescribed matters; and".

16Orders of Tribunal

In section 212 of the Principal Act—

(a)in subsection (2), after "210" insert "or 210B";

(b)in subsection (3), for "rules or caravan park rules" substitute "rules, caravan park rules or Part 4A park rules";

(c)in subsection (4), for "room or site" substitute "room, site or Part 4A site";

(d)in subsections (4) and (5), for "tenant or resident" (wherever occurring) substitute "tenant, resident or site tenant".

17New section 213AA inserted

After section 213 of the Principal Act insert—

"213AA   Compensation for unpaid rent under site agreement

(1)A site owner is not entitled to claim compensation under this Act for a failure of a site tenant to pay rent under a site agreement unless the rent is unpaid for at least 30 days after it has accrued due.

(2)Subsection (1) does not apply if the site tenant on not less than 2 previous occasions has failed to pay the rent under the same site agreement within 30 days after it has accrued due.".

18Application for payment of rent arrears or hiring charge arrears from bond

(1)In section 213A(1) of the Principal Act—

(a)for "tenant or a resident" substitute "tenant, a resident or a site tenant";

(b)for "tenant or resident" substitute "tenant, resident or site tenant".

(2)In section 213A(2)(a) of the Principal Act, for "owner or caravan park owner" substitute "owner, caravan park owner or site owner".

(3)In section 213A(2)(b) of the Principal Act—

(a)after "tenancy agreement" insert "or site agreement";

(b)after "caravan park owner" insert ", site owner".

19Application to Tribunal for loss or damage

(1)In the heading to section 213B of the Principal Act omit "by landlord".

(2)At the end of section 213B of the Principal Act insert—

"(2)If a possession order is made under Part 7 as a result of a failure by a site tenant to pay rent, an application by the site owner to the Tribunal under this Part for payment by the site tenant of compensation for loss or damage suffered by the site owner as a result of the failure of the site tenant to pay rent must be made within 28 days after the site tenant delivers up vacant possession of the Part 4A site.".

20New section 214A inserted

After section 214 of the Principal Act insert—

"214A   Compensation for loss of rent under terminated site agreement

(1)If the Tribunal makes an order under section 212(2) directing a person to pay compensation to a site owner for loss or damage suffered by the site owner as a result of the termination of a site agreement under section 317E or section 317I, an amount specified in the order in respect of the loss of rent that would have been payable under the site agreement, if it had not been terminated, must not exceed the lesser of—

(a)the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for a 12 month period from the day of the termination of the site agreement; or

(b)the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for the period from the day of the termination of the site agreement until the day the Part 4A site is occupied by another site tenant or other occupant; or

(c)the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for the remaining term of the site agreement.

(2)Subsection (1) does not limit the amount the Tribunal may direct a person to pay to a site owner as compensation for any other loss or damage suffered by the site owner as a result of the early termination of the site agreement or on any other grounds.".

21What powers does a court have to award compensation?

In section 215 of the Principal Act—

(a)after "tenancy agreement" (where first occurring) insert "or site agreement";

(b)after "tenancy agreement" (where secondly occurring) insert "or site agreement (as the case requires)".

Division 2—Amendments to Part 6—Termination

22New Division 3A of Part 6

At the end of Division 3 of Part 6 of the Principal Act insert—

"Division 3A—Termination of site agreements in Part 4A parks

Subdivision 1—When can a site agreement be terminated?

317ATermination of site agreement

Despite any Act or law to the contrary, a site agreement does not terminate and must not be terminated except in accordance with this Division or Part 7 or 8.

317BTermination by agreement

A site agreement may be terminated by agreement of the site owner and site tenant.

317CTermination by consent

(1)A site agreement terminates if the site tenant vacates the Part 4A site with the consent of the site owner.

(2)The consent, once given, is irrevocable.

317DTermination after notice to vacate

A site agreement terminates if the site owner or the site tenant gives a notice to vacate or a notice of intention to vacate the Part 4A site under this Division and—

(a)the site tenant vacates the Part 4A site on or after the termination date specified in the notice; or

(b)the site agreement terminates in accordance with section 334.

317ETermination by abandonment

A site agreement terminates if the site tenant abandons the Part 4A site.

317FTermination if Part 4A site is sub-let

A site agreement terminates if—

(a)the site tenant is not in possession, occupation or use of the Part 4A site because the site tenant has sub-let it; and

(b)the site owner or site tenant gives a notice to vacate or a notice of intention to vacate the Part 4A site under this Division; and

(c)the period (if any) between the date on which the notice is given and the termination date specified in the notice has expired.

317GTermination if site owner not owner of site

A site agreement terminates if the land owner gives a notice to vacate in accordance with section 317ZE and—

(a)the site tenant vacates the Part 4A site on or after the termination date specified in the notice; or

(b)the site agreement terminates in accordance with section 334.

317HTermination by merger

A site agreement may terminate by merger (that is, where the interests of the site owner and the site tenant become vested in one person).

317ITermination by disclaimer

A site agreement may terminate by disclaimer (for example, on repudiation of the agreement by the site tenant accepted by the site owner).

317JTermination by site tenant before occupation or use

A site agreement terminates if the site tenant has not entered into occupation or use of the Part 4A site and has given a notice of termination of the site agreement to the site owner on the ground that the Part 4A site—

(a)is unsafe; or

(b)is not legally available for use as a Part 4A site; or

(c)is for any other reason unavailable for occupation.

317KOffences relating to interference with rights

(1)Except in accordance with this Act, a person must not require, compel or attempt to compel a site tenant to vacate a Part 4A site.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2)Except in accordance with this Act, a person must not exclude a site tenant or attempt to exclude a site tenant from, or restrict or attempt to restrict a site tenant's access to—

(a)a site tenant's Part 4A dwelling; or

(b)a Part 4A site on which the site tenant's Part 4A dwelling is situated; or

(c)the Part 4A park in which the site tenant's Part 4A dwelling is situated.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(3)Except in accordance with this Act, a person must not interfere with the peace, comfort or privacy of a site tenant for the purposes of causing the site tenant to abandon the Part 4A site.

(2B)The Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958 may, either generally or in a particular case—

(a)exercise the powers set out in section 526;

(b)authorise any officer or employee of the Metropolitan Fire and Emergency Services to exercise the powers set out in section 526.".

(3)In section 525(3) of the Principal Act for "Infrastructure" substitute "Planning and Community Development".

(4)After section 525(4) of the Principal Act insert—

"(4A)The Chief Officer within the meaning of the Country Fire Authority Act 1958 must issue an identity card to each person authorised under subsection (2A).

(4B)The Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958 must issue an identity card to each person authorised under subsection (2B).".

(5)In section 525(5) of the Principal Act—

(a)in paragraph (d), for "purpose." substitute "purpose; and";

(b)after paragraph (d) insert—

"(e)if the identity card is issued by the Chief Officer within the meaning of the Country Fire Authority Act 1958, be signed by the Chief Officer; and

(f)if the identity card is issued by the Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958, be signed by the Chief Officer.".

88Powers of entry and inspection

In section 526(5) of the Principal Act for "Infrastructure" substitute "Planning and Community Development".

89New section 526A inserted

After section 526 of the Principal Act insert—

"526A   Report of inspection

(1)A person who is authorised under section 525(2A) or (2B), and who exercises a power of entry and inspection under section 526, must prepare a report of inspection.

(2)A report under subsection (1) must assess whether the caravan park owner has complied with—

(a)Division 3A; or

(b)any regulations made under Division 3A.

(3)A report under this section must be provided within 10 days from the day of the inspection to—

(a)the caravan park owner to whom the report relates; and

(b)the municipal council in whose area the caravan park is situated.".

__________________

Part 7—Residential Tenancy Databases

90New Part 10A inserted

After Part 10 of the Principal Act insert—

"Part 10A—Residential Tenancy Databases

439ADefinitions

In this Part—

database means a system, device or other thing used for storing information, whether electronically or in some other form;

database operator means an entity that operates a residential tenancy database;

inaccurate, in relation to personal information in a residential tenancy database, includes information that is inaccurate because—

(a)the information indicates that the person owes a landlord an amount that is more than the bond; and

(b)the amount owed was paid to the landlord more than 3 months after the amount became due;

landlord includes—

(a)rooming house owner;

(b)caravan park owner;

(c)caravan owner;

(d)site owner;

(e)agent of a landlord or a person referred to in paragraphs (a) to (d);

list, personal information in a residential tenancy database—

(a)means—

(i)enter the personal information into the database; or

(ii)give the personal information to a database operator or someone else for entry into the database; and

(b)includes amend personal information about a person in the database to include additional personal information about the person;

out of date, in relation to personal information in a residential tenancy database, means the information is no longer accurate because—

(a)for a listing made on the basis the person owes a landlord an amount that is more than the bond, the amount owed was paid to the landlord within 3 months after the amount became due; or

(b)for a listing made on the basis the Tribunal has made a possession order, the order has been revoked following a review of the making of the order;

personal information means information (including an individual's name) or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

rented premises includes room, site, caravan and Part 4A dwelling;

residential tenancy database means a database—

(a)containing personal information—

(i)relating to, or arising from, the occupation of rented premises under a tenancy agreement; or

(ii)entered into the database for reasons relating to, or arising from, the occupation of rented premises under a tenancy agreement; and

(b)with an intended purpose of use by landlords for checking a person's tenancy history for deciding whether a tenancy agreement should be entered into with the person;

tenancy agreement includes residency right and site agreement;

tenant includes—

(a)resident; and

(b)site tenant; and

(c)former tenant, former resident or former site tenant.

439BApplication

This Part does not apply to a residential tenancy database kept by an entity (including a Department of the government of a State or Territory) for use only by that entity or its officers, employees or agents.

439CNotice of usual use of database

(1)This section applies if—

(a)a person (the applicant) applies to a landlord to enter into a tenancy agreement; and

(b)the landlord usually uses one or more residential tenancy databases for deciding whether a tenancy agreement should be entered into with a person.

(2)The landlord must, when the application is made, give the applicant written notice stating the following—

(a)the name of each residential tenancy database the landlord usually uses, or may use, for deciding whether a tenancy agreement should be entered into with a person;

(b)that the reason the landlord uses a residential tenancy database referred to in paragraph (a) is for checking an applicant's tenancy history;

(c)for each residential tenancy database referred to in paragraph (a), how persons may contact the database operator who operates the database and obtain information from the operator.

Penalty:20 penalty units.

(3)Subsection (2) applies in relation to a residential tenancy database whether or not the landlord intends to use the database for deciding whether a tenancy agreement should be entered into with the applicant.

(4)However, the landlord is not required to give the written notice referred to in subsection (2) if a written notice stating the matters referred to in that subsection was given to the applicant not more than 7 days before the application was made.

Example

The landlord gave a written notice stating the matters referred to in subsection (2) to the applicant when the applicant obtained the application form and that was less than 7 days before the applicant made the application.

439DNotice of listing if database used

(1)This section applies if—

(a)a person (the applicant) applies to a landlord to enter into a tenancy agreement; and

(b)the landlord uses a residential tenancy database for checking whether personal information about the applicant is in the database; and

(c)personal information about the applicant is in the database.

(2)The landlord must, as soon as possible but within 7 days after using the database, give the applicant a written notice stating—

(a)the name of the database; and

(b)that personal information about the applicant is in the database; and

(c)the name of each person who listed the personal information in the database; and

(d)how and in what circumstances the applicant can have the personal information removed or amended under this Part.

Penalty:20 penalty units.

(3)Subsection (2)(c) does not apply if the residential tenancy database does not identify the person who listed the personal information in the database.

439EListing can be made only for particular breaches by particular persons

(1)A landlord or database operator must not list personal information about a person in a residential tenancy database unless—

(a)the person was named as a tenant in a tenancy agreement that has ended; and

(b)the person has breached the tenancy agreement or section 243, 244, 246, 248, 250, 253, 278, 279, 281, 282, 284, 302, 303, 305, 307, 309, 317X, 317Y, 317ZA, 317ZC or 317ZD; and

(c)because of the breach, either—

(i)the person owes the landlord an amount that is more than the bond; or

(ii)the Tribunal has made a possession order; and

(d)the personal information—

(i)relates only to the breach; and

(ii)is accurate, complete and unambiguous.

(2)Without limiting subsection (1)(d)(ii), the personal information must indicate the nature of the breach.

Examples

1     An example of how personal information can indicate the nature of a breach is including the words "rent arrears" in personal information about a person who has breached a tenancy agreement by failing to pay rent.

2     An example of how personal information can indicate the nature of a breach is including the words "damage to premises" in the personal information about a person who has breached a tenancy agreement by damaging premises.

439FFurther restriction on listing

(1)A landlord or database operator must not list personal information about a person in a residential tenancy database unless the landlord or operator has, without charging a fee—

(a)given the person a copy of the personal information; or

(b)taken other reasonable steps to disclose the personal information to the person.

Penalty:20 penalty units.

(2)A landlord or database operator must not list personal information about a person in a residential tenancy database unless the landlord or operator has given the person at least 14 days to review the personal information and make submissions—

(a)objecting to its entry into the database; or

(b)about its accuracy, completeness and clarity.

Penalty:20 penalty units.

(3)A landlord or database operator must not list personal information about a person in a residential tenancy database unless the landlord or operator has considered any submissions made under subsection (2).

Penalty:20 penalty units.

(4)Subsections (1) and (2) do not apply if the landlord or database operator cannot locate the person after making reasonable enquiries.

(5)Subsections (2) and (3) do not apply—

(a)to information that, at the time of the listing, is contained in publicly available court or Tribunal records; or

(b)to a listing involving only an amendment of personal information about a person under section 439G.

439GEnsuring quality of listing—landlord's obligation

(1)This section applies if a landlord who lists personal information in a residential tenancy database becomes aware that the information is inaccurate, incomplete, ambiguous or out of date.

(2)The landlord must, within 7 days, give written notice of the following to the database operator who keeps the database—

(a)if the information is inaccurate, incomplete or ambiguous—

(i)that the information is inaccurate, incomplete or ambiguous; and

(ii)how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous;

(b)if the information is out of date, that the information is out of date and must be removed.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

Example

A landlord lists, in a residential tenancy database, personal information about a tenant who owes the landlord an amount that is more than the bond.  The tenant pays the amount owed to the landlord more than 3 months after the amount became due.  The landlord must, within 7 days after the landlord becomes aware of the payment, give the database operator who keeps the database written notice of—

(a)the personal information being inaccurate; and

(b)the details of the payment to be included in the personal information so that it is no longer inaccurate.

(3)The landlord must keep a copy of the written notice for one year after it was given under subsection (2).

Penalty:10 penalty units.

439HEnsuring quality of listing—database operator's obligation

(1)This section applies if a landlord who has listed personal information in a residential tenancy database gives the database operator who operates the database a written notice stating that the personal information must be—

(a)amended in a stated way to make it accurate, complete and unambiguous; or

(b)removed.

(2)The database operator must amend the personal information in the stated way, or remove the personal information, within 14 days after the operator is given the written notice.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

439IProviding copy of personal information listed

(1)A landlord who lists personal information about a person in a residential tenancy database must, if asked in writing by the person, give the person a copy of the information within 14 days after the request is made.

Penalty:20 penalty units.

(2)A database operator must, if asked in writing by a person whose personal information is in the residential tenancy database kept by the operator, give the person a copy of the information within 14 days after the request is made.

Penalty:20 penalty units.

(3)If a landlord charges a fee for giving personal information under subsection (1), or a database operator charges a fee for giving personal information under subsection (2), the subsection applies only if the fee has been paid.

(4)A fee charged by a landlord for giving personal information under subsection (1), or by a database operator for giving personal information under subsection (2)—

(a)must not be excessive; and

(b)must not apply to lodging a request for accessing the information.

439JNotifying relevant non-parties of Tribunal order about listing

(1)This section applies if—

(a)under section 439M, the Tribunal makes an order that a person must, in relation to a residential tenancy database—

(i)amend personal information in a stated way; or

(ii)remove all or particular personal information about a person; and

(b)the person against whom the order is made (the relevant person) is not a party to the proceeding for the dispute.

(2)The Tribunal must ensure a copy of the order is given to the relevant person.

439KKeeping personal information listed

(1)A database operator must not keep personal information about a particular person in the operator's residential tenancy database for longer than—

(a)3 years; or

(b)if, under the national privacy principles, the operator of the database is required to remove the personal information before the 3 year period referred to in paragraph (a) ends, the period ending when the information must be removed under the national privacy principles.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2)However, a database operator may keep the person's name in the operator's residential tenancy database for longer than the period stated in subsection (1)(a) or (b) if—

(a)other personal information about the person in the database is attached to the name; and

(b)the other personal information is not required to be removed under subsection (1) or another law.

(3)This section does not limit the operation of this Part or a provision of another law that requires the removal of the personal information.

(4)In this section—

national privacy principles means the principles stated in Schedule 3 of the Privacy Act 1988 of the Commonwealth.

439LApplication to Tribunal for removal or amendment of listing

(1)A person may apply to the Tribunal for an order—

(a)prohibiting a landlord or a database operator from listing personal information about that person that a landlord or database operator proposes to list on a residential tenancy database; or

(b)requiring a landlord or a database operator to amend personal information about that person that is listed or to be listed in a residential tenancy database; or

(c)requiring a landlord or a database operator to remove personal information about that person that is listed in a residential tenancy database—

if the landlord or database operator fails to comply with section 439D, 439E, 439F or 439G in relation to the listing of that personal information.

(2)A person may apply to the Tribunal for an order requiring a database operator to remove personal information about that person from a residential tenancy database if the database operator has failed to comply with section 439H or 439K in relation to the listing of that personal information.

(3)An application may be made under this section irrespective of whether the personal information in respect of which the application is made was listed in a residential tenancy database before, on or after the commencement of this Part.

Note

This section does not provide for claims for compensation. If a court finds a person guilty of an offence or convicts a person of an offence under this Part, a person who has suffered injury as a direct result of the offence may apply to the court for compensation under Division 2 of Part 4 of the Sentencing Act 1991.

439MWhat can the Tribunal order?

(1)If an application is made under section 439L, the Tribunal may make an order—

(a)prohibiting a landlord or database operator from listing personal information about the applicant in a residential tenancy database; or

(b)requiring a landlord or database operator to amend personal information about the applicant that is or is to be listed in a residential tenancy database; or

(c)requiring a landlord or database operator to remove personal information about the applicant that is listed in a residential tenancy database.

(2)The Tribunal may make an order under subsection (1) if the Tribunal determines that—

(a)the landlord has not provided written notice to the applicant in accordance with section 439D(2); or

(b)the landlord or database operator has listed personal information in the residential tenancy database in contravention of section 439E or 439F; or

(c)the landlord has not provided written notice in accordance with section 439G in respect of personal information in the residential tenancy database that the landlord is aware is inaccurate, incomplete, ambiguous or out of date; or

(d)the database operator has not amended or removed personal information listed in a residential tenancy database in accordance with section 439H(2); or

__________________".

__________________

Part 8—Miscellaneous Amendments

Division 1—Penalties and offences

91Tenancy agreements to be in standard form

For the penalty at the foot of section 26(2) of the Principal Act substitute—

"Penalty:10 penalty units.".

92Copy of agreement to be made available to tenant

For the penalty at the foot of section 29(1) and (2) of the Principal Act substitute—

"Penalty:10 penalty units.".

93Tenants with children

For the penalty at the foot of section 30(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

94What is the maximum bond?

For the penalty at the foot of section 31(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

95Not more than one bond is payable in respect of continuous occupation

For the penalty at the foot of section 34 of the Principal Act substitute—

"Penalty:20 penalty units.".

96Condition report

For the penalty at the foot of section 35(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

97Certain guarantees prohibited

For the penalty at the foot of section 37(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

98Limit on rent in advance

For the penalty at the foot of section 40(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

99Rent in advance under weekly tenancy agreement

For the penalty at the foot of section 41 of the Principal Act substitute—

"Penalty:20 penalty units.".

100Receipts for rent

For the penalty at the foot of section 43(1), (2) and (2A) of the Principal Act substitute—

"Penalty:10 penalty units.".

101Tenant's good not to be taken for rent

For the penalty at the foot of section 49 of the Principal Act substitute—

"Penalty:20 penalty units.".

102Application and holding deposits

For the penalty at the foot of section 50 of the Principal Act substitute—

"Penalty:20 penalty units.".

103Certain charges prohibited

For the penalty at the foot of section 51(1), (2) and (3) of the Principal Act substitute—

"Penalty:20 penalty units.".

104Landlord must not seek overpayment for utility charge

For the penalty at the foot of section 56(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

105Landlord must give tenant certain information

For the penalty at the foot of section 66(1), (2), (3) and (4) of the Principal Act substitute—

"Penalty:20 penalty units.".

106Landlord cannot ask for fee for giving consent

For the penalty at the foot of section 84(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

107Offence relating to entering rented premises

For the penalty at the foot of section 91A of the Principal Act substitute—

"Penalty:20 penalty units.".

108Notice to resident of residency right

For the penalty at the foot of section 92C(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

109Consent required for increase in room capacity

For the penalty at the foot of section 94B(1) of the Principal Act substitute—

"Penalty:60 penalty units.".

110What is the maximum bond?

For the penalty at the foot of section 96 of the Principal Act substitute—

"Penalty:20 penalty units.".

111Condition report

For the penalty at the foot of section 97(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

112Limit on rent in advance

For the penalty at the foot of section 99 of the Principal Act substitute—

"Penalty:20 penalty units.".

113Receipts for rent

For the penalty at the foot of section 100(1), (2) and (2A) of the Principal Act substitute—

"Penalty:10 penalty units.".

114Resident's goods not to be taken for rent

For the penalty at the foot of section 107 of the Principal Act substitute—

"Penalty:20 penalty units.".

115Display of statement of rights and house rules

For the penalty at the foot of section 124 of the Principal Act substitute—

"Penalty:10 penalty units.".

116Owner to give additional information

For the penalty at the foot of section 125(1), (2) and (3) of the Principal Act substitute—

"Penalty:60 penalty units.".

117Duties relating to house rules

For the penalty at the foot of section 127(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

118Offence relating to entering room occupied by resident

For the penalty at the foot of section 142A of the Principal Act substitute—

"Penalty:20 penalty units.".

119Caravan park owner to notify prospective resident of rights

For the penalty at the foot of section 145 of the Principal Act substitute—

"Penalty:10 penalty units.".

120Payment of bond

For the penalty at the foot of section 146(3) of the Principal Act substitute—

"Penalty:20 penalty units.".

121What is the maximum bond?

For the penalty at the foot of section 147 of the Principal Act substitute—

"Penalty:20 penalty units.".

122Condition report

For the penalty at the foot of section 148(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

123Limit on rent or hiring charge in advance

For the penalty at the foot of section 150(1) and (2) of the Principal Act substitute—

"Penalty:20 penalty units.".

124Receipts for rent or hiring charge

For the penalty at the foot of section 151(1), (2) and (2A) of the Principal Act substitute—

"Penalty:10 penalty units.".

125Resident's goods not to be taken for rent or hiring charges

For the penalty at the foot of section 160 of the Principal Act substitute—

"Penalty:20 penalty units.".

126Owner must not seek overpayment for utility charges

For the penalty at the foot of section 166(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

127Statement of rights and copy of park rules

For the penalty at the foot of section 182 of the Principal Act substitute—

"Penalty:20 penalty units.".

128Statement of scale of certain charges, fees and commissions

(1)For the penalty at the foot of section 183(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

(2)For the penalty at the foot of section 183(2) of the Principal Act substitute—

"Penalty:10 penalty units.".

129Owner to give additional information

For the penalty at the foot of section 184(1), (2) and (3) of the Principal Act substitute—

"Penalty:10 penalty units.".

130Duties relating to caravan park rules

For the penalty at the foot of section 186(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

131Sale of caravan

(1)For the penalty at the foot of section 198(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

(2)For the penalty at the foot of section 198(2) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

132Offence relating to entering a site or caravan occupied by a resident

For the penalty at the foot of section 206A of the Principal Act substitute—

"Penalty:10 penalty units.".

133Section 229 substituted

For section 229 of the Principal Act substitute—

"229   Offence to obtain possession etc. of premises

(1)A landlord or a person acting on behalf of a landlord must not, except in accordance with this Act, require or compel or attempt to compel the tenant under the tenancy agreement to vacate the rented premises.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2)A landlord or a person acting on behalf of a landlord must not, except in accordance with this Act, obtain or attempt to obtain possession of the rented premises by entering them, whether the entry is peaceable or not, unless there are reasonable grounds to believe that the tenant has abandoned the premises.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

134Prohibition on letting premises after notice

For the penalty at the foot of section 264(1) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

135Offences relating to interference with rights

For the penalty at the foot of section 273(1) and (2) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

136Rent payable on termination without notice

For the penalty at the foot of section 275(1) of the Principal Act substitute—

"Penalty:10 penalty units.".

137Prohibition on renting after notice

For the penalty at the foot of section 287(1) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

138Offences relating to interference with rights

For the penalty at the foot of section 295 of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

139Rent or hiring charge payable on termination without notice

For the penalty at the foot of section 298(1) and (2) of the Principal Act substitute—

"Penalty:10 penalty units.".

140Prohibition on hiring of caravans or renting of sites after notice

For the penalty at the foot of section 313(1) and (2) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

141Offence to re-enter rooming house, site or caravan

For the penalty at the foot of section 358(1) and (2) of the Principal Act substitute—

"Penalty:60 penalty units.".

142Offence to give notice to leave or purported notice to leave without reasonable grounds

For the penalty at the foot of section 368A of the Principal Act substitute—

"Penalty:60 penalty units.".

143Offence to remain on premises if given notice to leave

For the penalty at the foot of section 369 of the Principal Act substitute—

"Penalty:20 penalty units.".

144Offence to re-enter premises during suspension

For the penalty at the foot of section 372 of the Principal Act substitute—

"Penalty:20 penalty units.".

145Notice to principal registrar

For the penalty at the foot of section 373 of the Principal Act substitute—

"Penalty:60 penalty units.".

146Offence to allow occupation of premises pending application or hearing

For the penalty at the foot of section 377(1), (2) and (3) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

147Reclaiming personal documents before disposal

For the penalty at the foot of section 382(2) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

148Rightful owner may reclaim stored goods before sale

For the penalty at the foot of section 389(2) of the Principal Act substitute—

"Penalty:20 penalty units.".

149Bond lodgement form

For the penalty at the foot of section 405(1) and (4) of the Principal Act substitute—

"Penalty:10 penalty units.".

150Duty to pay bond to Authority

For the penalty at the foot of section 406 of the Principal Act substitute—

"Penalty:60 penalty units.".

151Notice of assignment or transfer by landlord

For the penalty at the foot of section 424(1) and (3) of the Principal Act substitute—

"Penalty:20 penalty units.".

152Notice of assignment or transfer by tenant

For the penalty at the foot of section 425(1) of the Principal Act substitute—

"Penalty:20 penalty units.".

153Tenant must not use bond as rent

For the penalty at the foot of section 428 of the Principal Act substitute—

"Penalty:20 penalty units.".

154Offence to fail to comply with determination of Tribunal

For the penalty at the foot of section 480(1) of the Principal Act substitute—

"Penalty:20 penalty units and 5 penalty units for each day the non-compliance continues after the time within which the person is required to comply with the determination, up to a maximum of 60 penalty units.".

155Confidentiality

For the penalty at the foot of section 499(2) of the Principal Act substitute—

"Penalty:60 penalty units.".

156Offence to make false representation—tenancy agreement or residency right

For the penalty at the foot of section 501 of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

157Offence to persuade person not to exercise rights or take proceedings

For the penalty at the foot of section 502 of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

158Offence to aid, abet, counsel or procure commission of offence

For the penalty at the foot of section 503 of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

159Offence to give false information

For the penalty at the foot of section 504 of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

160Certain penalties prohibited

For the penalty at the foot of section 505(1), (2) and (3) of the Principal Act substitute—

"Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

161Application of provisions of Fair Trading Act 1999

Section 507A(1)(b) of the Principal Act is repealed.

162Regulations

In section 511(1)(h) of the Principal Act, for "10 penalty" substitute "20 penalty".

163Additional powers

In section 516(b) of the Principal Act, for "10 penalty" substitute "20 penalty".

164Compliance notice

For the penalty at the foot of section 522(3) of the Principal Act substitute—

"Penalty:120 penalty units.".

165Closure order

For the penalty at the foot of section 523(3) of the Principal Act substitute—

"Penalty:120 penalty units.".

Division 2—Miscellaneous amendments to Principal Act

166Definition of GST

In section 3(1) of the Principal Act insert the following definition—

"GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by a person that is a State entity within the meaning of that Act;".

167Urgent repairs to rented premises and applications to Tribunal

(1)In section 72(2)(b) of the Principal Act after "$1000" insert ", or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate)".

(2)In section 73(1)(b) of the Principal Act after "$1000" insert ", or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate)".

168Urgent repairs to rooming house and applications to Tribunal

(1)In section 129(2)(b) of the Principal Act after "$1000" insert ", or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate)".

(2)In section 130(1)(b) of the Principal Act after "$1000" insert ", or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate)".

169Urgent repairs to caravans and applications to Tribunal

(1)In section 188(2)(b) of the Principal Act after "$1000" insert ", or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate)".

(2)In section 189(1)(b) of the Principal Act after "$1000" insert ", or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate)".

170Regulations

After section 511(3)(b) of the Principal Act insert—

"(ba)apply at all times or specified times;

"(bb)require matters in the regulations to be—

(i)in accordance with specified standards or specified requirements; or

(ii)approved by, or to the satisfaction of, a specified person or body or specified classes of person or body; or

(iii)as specified in both subparagraphs (i) and (ii);

(bc)apply, adopt or incorporate any matter contained in any document or any method, whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated or published on or before the date when the regulations are made; or

(iii)as formulated or published from time to time;

(bd)confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body;

(be)provide for the exemption of a person or thing or classes of person or thing from any of the regulations, whether—

(i)unconditionally or on specified conditions; and

(ii)either wholly or to such an extent as is specified;".

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Part 9—Consequential Amendments to Other Acts

Division 1—Duties Act 2000

171Powers of the Director in relation to proceedings on behalf of consumers

For section 49(2)(a) of the Duties Act 2000 substitute—

"(a)site has the same meaning as it has in the Residential Tenancies Act 1997 and includes a Part 4A site under that Act; and

(ab)caravan has the same meaning as it has in the Residential Tenancies Act 1997 and includes a Part 4A dwelling under that Act; and

(ac)caravan park has the same meaning as it has in the Residential Tenancies Act 1997; and".

Division 2—Fair Trading Act 1999

172Powers of the Director in relation to proceedings on behalf of consumers

(1)In section 105(3) of the Fair Trading Act 1999—

(a)in paragraph (b), for "consent." substitute "consent; or";

(b)after paragraph (b) insert—

"(c)the proceedings are instituted, continued or defended under a provision of an Act that expressly provides that the consent of the person on whose behalf the proceedings are instituted, continued or defended is not required for the purposes of this section.

Note

See, for example, sections 209 and 399A of the Residential Tenancies Act 1997.".

(2)In section 105(4) of the Fair Trading Act 1999, for "subsection (3)" substitute "subsection (3)(a) or (b)".

173Proceedings and costs

In section 106(1A) and (1B) of the Fair Trading Act 1999 after "a person" insert "without that person's consent or".

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Part 10—Repeal of Amending Act

174Repeal of amending Act

This Act is repealed on 31 March 2013.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 12 August 2010

Legislative Council: 2 September 2010

The long title for the Bill for this Act was "A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to certain occupier-owned movable dwellings, to provide for standards in rooming houses, to provide for a national residential tenancy database and to make other amendments to that Act, to make consequential amendments to other Acts and for other purposes."