EXPLANATORY STATEMENT
Ordinance 2009 No. 3
Issued by the Authority of the Minister for Home Affairs
Jervis Bay Territory Acceptance Act 1915
Leases Amendment Ordinance 2009 (No. 1) (JBT)
Subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915 (the Act) provides that the Governor-General may make Ordinances for the peace, order and good government of the Jervis Bay Territory (JBT).
The Lease Amendment Ordinance amends the Leases Ordinance 1992(JBT) (the Ordinance) to allow residential tenants and landlords with residential tenancy leases in the JBT to have access to the Australian Capital Territory (ACT) Residential Tenancy Tribunal.
Subsection 4A(1) of the Act provides for the laws of the ACT to apply in the JBT as if the JBT formed part of the ACT. In 1915 it was intended that JBT would provide access to the sea for the Federal Capital. JBT was regarded as part of the territory acquired by the Commonwealth for the seat of government (the ACT).
Previous there was an inconsistency between the Residential Tenancy Act 1997 (ACT)(JBT) and the Ordinance that set the terms of a residential tenancy agreement in the JBT The Residential Tenancy Act 1997 (ACT)(JBT) sets standard terms into every ACT residential tenancy agreement. This was over ridden by provisions within the Ordinance which allow the Minister to determine conditions for leases (which includes residential tenancy agreements) in the JBT.
The ACT Residential Tenancy Tribunal can only rule on standard ACT residential tenancy agreements. As a result of the inconsistencies between the Act and the Ordinance, the Residential Tenancy Tribunal has limited jurisdiction within the JBT.
The Leases Amendment Ordinance amends the Leases Ordinance 1992 (JBT) to excise residential leases within the JBT. The amendment removes the inconsistency that exists between the Ordinance and the Residential Tenancy Act 1997 (ACT)(JBT). This allows the Residential Tenancy Act 1997 (ACT)(JBT) to fully apply and allow the ACT Residential Tenancy Tribunal to have comprehensive jurisdiction over residential tenancies in the JBT.
No consultation was undertaken in relation to the Ordinance as the amendments are rectifying a legislative anomaly that currently does not allow tenants or landlords in the JBT access to the ACT Residential Tenancy Tribunal.
The Leases Amendment Ordinance is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Leases Amendment Ordinance commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Details of the Leases Amendment Ordinance are set out in the Attachment.
ATTACHMENT
Details of the Leases Amendment Ordinance 2009 (No. 1)
Section 1 – Name of Ordinance
This section provides that the name of the Ordinance is the Leases Amendment Ordinance 2009 (No. 1).
Section 2 – Commencement
This section provides that the Ordinance is to commence on the day after it is registered.
Section 3 – Amendment of Leases Ordinance 1992
This section provides that Schedule 1 to the Ordinance amends the Leases Ordinance 1992.
Schedule 1
Item [1] – Section 5
Item 1 amends section 5 by omitting ‘land’ and substituting ‘land, other than Blocks 124 to 149 in Deposited Plan 9271/1 in the Jervis Bay Territory’ of the Leases Ordinance 1992 (JBT). This has the effect of excluding specific land with residential tenancy leases from the Leases Ordinance 1992 (JBT) and allowing the Residential Tenancy Act 1997 (ACT)(JBT) to fully apply to the excluded land. This enables the standard ACT residential tenancy agreement to be applied and allows the ACT Residential Tenancy Tribunal comprehensive jurisdiction to rule on tenancy disputes in the Jervis Bay Territory.
Overview
The Leases Amendment Ordinance 2009 (No. 1) was enacted by the Minister for Home Affairs to address a legislative inconsistency between the Jervis Bay Territory Acceptance Act 1915 and the Leases Ordinance 1992, which previously restricted the jurisdiction of the Australian Capital Territory (ACT) Residential Tenancy Tribunal over residential tenancies in the Jervis Bay Territory. The Jervis Bay Territory Acceptance Act, established in 1915, intended for the territory to provide maritime access for the Federal Capital and was initially regarded as part of the territory acquired for the ACT. However, this integration was undermined by the Leases Ordinance 1992, which allowed the Minister to set conditions for leases in the territory, conflicting with the standard terms set by the ACT’s Residential Tenancy Act 1997. Consequently, the ACT Residential Tenancy Tribunal had limited jurisdiction over residential tenancy disputes in the Jervis Bay Territory. The Leases Amendment Ordinance rectifies this anomaly by amending the Leases Ordinance to exclude specific residential leases from its purview, thereby allowing the ACT Residential Tenancy Act to apply fully and granting the ACT Residential Tenancy Tribunal comprehensive jurisdiction over residential tenancies in the Jervis Bay Territory.
Scope and Application
The Leases Amendment Ordinance 2009 (No. 1) applies specifically to the Jervis Bay Territory (JBT), which is a small territory within Australia, governed under the Jervis Bay Territory Acceptance Act 1915. The Ordinance is designed to amend the Leases Ordinance 1992 (JBT) to align residential tenancy agreements within the JBT with the Residential Tenancy Act 1997 of the Australian Capital Territory (ACT). This amendment allows residential tenants and landlords in the JBT to access the ACT Residential Tenancy Tribunal, which had previously been limited due to legislative inconsistencies. The Ordinance is effective in removing the conflict between the ACT residential tenancy laws and the JBT lease provisions, thereby granting the ACT Residential Tenancy Tribunal comprehensive jurisdiction over residential tenancy disputes in the JBT. The Ordinance does not specify exclusions or exemptions, but it does exclude certain land blocks from the JBT Leases Ordinance, thereby enabling the application of ACT residential tenancy laws to these areas.
Key Provisions
The main operative sections of the Leases Amendment Ordinance 2009 (No. 1) (JBT) are found in Schedule 1, particularly Item [1], which amends section 5 of the Leases Ordinance 1992 (JBT). This amendment specifies that the Leases Ordinance 1992 (JBT) no longer applies to land, other than Blocks 124 to 149 in Deposited Plan 9271/1 in the Jervis Bay Territory (JBT). Instead, the Residential Tenancy Act 1997 (ACT)(JBT) will apply to these residential tenancies, ensuring that the standard terms set by the ACT law are enforceable and that the ACT Residential Tenancy Tribunal has the authority to adjudicate on disputes in the JBT. This change rectifies the prior inconsistency that limited the jurisdiction of the ACT tribunal in the JBT.
The Leases Amendment Ordinance imposes certain obligations and requirements on the parties involved. For residential tenants and landlords within the specified blocks in the JBT, they now have the right to access the ACT Residential Tenancy Tribunal for resolving disputes. This means that any disagreements regarding the terms of their residential tenancy agreements, such as disputes over rent, repairs, or other standard terms, can be brought before the ACT tribunal. Similarly, the ACT tribunal has the responsibility to adjudicate these disputes according to the terms of the Residential Tenancy Act 1997 (ACT)(JBT).
In terms of offences, penalties, or consequences for breach, the Leases Amendment Ordinance itself does not introduce new criminal offences or penalties. However, the underlying Residential Tenancy Act 1997 (ACT)(JBT) does provide for various civil and criminal consequences for breaches of tenancy laws. For example, landlords who fail to comply with the terms of a residential tenancy agreement may face civil penalties, such as fines or orders to remedy the breach. More serious breaches, such as illegal evictions or failure to return a bond, may result in criminal charges with penalties including substantial fines and imprisonment. The exact penalties depend on the nature and severity of the breach, as outlined in the Residential Tenancy Act 1997 (ACT)(JBT).