Residential Tenancies Regulations 1989 (WA)(CKI) Amendment Regulations 2003 (No. 1) (CKI)

Overview

The Residential Tenancies Regulations 1989 (WA)(CKI) Amendment Regulations 2003 (No. 1) were enacted to amend the existing Residential Tenancies Regulations 1989 (WA)(CKI) in the Territory of Cocos (Keeling) Islands. These regulations were introduced to address the need for specific exemptions for certain residential tenancy agreements entered into by the Cocos (Keeling) Islands Shire Council, particularly those concerning properties held under a Deed of Trust between the Commonwealth of Australia and the former Cocos (Keeling) Islands Council. The enacting body for these regulations is the Minister for Regional Services, Territories and Local Government, Charles Wilson Tuckey. The overarching policy objective is to ensure that certain long-term residential tenancy agreements, specifically those managed by the Shire Council, are exempt from certain provisions of the Act, thereby facilitating more streamlined management of these particular tenancies.

Scope and Application

The Residential Tenancies Regulations 1989 (WA)(CKI) Amendment Regulations 2003 (No. 1) apply to the Territory of Cocos (Keeling) Islands and amend the Residential Tenancies Regulations 1989 (WA)(CKI). These Regulations are made under the authority of the Residential Tenancies Act 1987 (WA)(CKI) and were issued by Charles Wilson Tuckey, the Minister for Regional Services, Territories and Local Government. The Regulations came into effect upon gazettal, specifically on 4 June 2003. They introduce an exemption for certain residential tenancy agreements entered into by the Cocos (Keeling) Islands Shire Council, provided these agreements pertain to premises held by the Shire Council in trust under a Deed of Trust between the Commonwealth of Australia and the former Cocos (Keeling) Islands Council, and are for a term of 5 years or more. This exemption is intended to address specific circumstances within the Territory of Cocos (Keeling) Islands, ensuring that long-term residential tenancies under the Shire Council are managed according to particular prescribed terms.

Key Provisions

The Residential Tenancies Regulations 1989 (WA)(CKI) Amendment Regulations 2003 (No. 1) (referred to as the Regulations) primarily serve to amend the existing Residential Tenancies Regulations 1989 (WA)(CKI). These amendments introduce specific provisions related to residential tenancy agreements entered into by the Cocos (Keeling) Islands Shire Council (regulation 3). Notably, this regulation identifies such agreements as prescribed agreements for the purposes of the Residential Tenancies Act 1987 (WA)(CKI) (regulation 4A(1)). The regulation applies to agreements for premises held by the Shire Council under a Deed of Trust with the Commonwealth of Australia, and it is limited to agreements with a term of five years or more (regulation 4A(2)). The obligations imposed by the Regulations on the parties involved primarily pertain to the Cocos (Keeling) Islands Shire Council. When entering into residential tenancy agreements under the specified conditions, the Shire Council must ensure these agreements meet the prescribed criteria to be considered valid under the Act. This involves adhering to the terms outlined in the Deed of Trust and ensuring the agreements are for a minimum term of five years. The Shire Council must also ensure that these agreements are duly noted as prescribed agreements, as per the requirements set forth in regulation 4A(1). Failure to comply with the stipulations of these Regulations can lead to significant consequences. Although the specific penalties for non-compliance are not detailed within the text provided, breaches of the Residential Tenancies Act 1987 (WA)(CKI) can result in both civil and criminal penalties. Civil penalties may include fines and other monetary penalties as prescribed by the Act, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the broader legislative framework of the Residential Tenancies Act 1987 (WA)(CKI).