Residential Tenancies Amendment Act 2010

i Residential Tenancies Amendment Act 2010 No. 67 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2—AMENDMENTS TO PARTS 1 AND 4 OF THE PRINCIPAL ACT 3 Division 1—Amendments to Part 1—Preliminary 3 4 Purposes 3 5 Definitions 3 Division 2—Amendments to Part 1—Residential Tenancies— Tenancy agreements 7 6 Application of Act to site agreements 7 Subdivision 4—Application to site agreements 7 23A Application of Act to assignees and transferees 7 23B Site agreements exceeding 5 years 8 23C Part 4A site used under contract of employment 8 23D Part 4A site used primarily as a residence 8 23E Part 4A site used for holidays 8 23F Prescribed Part 4A sites and prescribed site agreements 8 23G Certain provisions not to apply to site agreements 9 7 Application for exemption 9 8 Order of Tribunal 9 Division 3—Amendments to Part 4—Caravan parks and movable dwellings—Residency rights and duties 10 9 New Division 1AA of Part 4 inserted 10 Division 1AA—Application of Part 10 143AA Application of Part to caravan parks and movable dwellings 10 -- 1 of 154 -- Section Page ii PART 3—NEW PART 4A 11 10 New Part 4A inserted 11 PART 4A—SITE AGREEMENTS AND SITE–TENANT OWNED DWELLINGS 11 Division 1—General requirements for site agreements 11 206B Rights of site tenants 11 206C Part 4A dwelling not a fixture 11 206D Crown land 11 206E Site agreements to be in writing 12 206F Terms of site agreement 12 206G Harsh and unconscionable terms 13 206H Minimum terms for site agreements in new parks 13 206I Site agreement consideration period 14 206J Cooling off period 14 Division 2—Bonds 15 206K What is the maximum bond? 15 206L Application to increase maximum amount of bond 16 206M Tribunal may determine maximum bond 16 206N Not more than one bond is payable in respect of continuous occupation 16 206O Condition report 17 206P Condition report is evidence of state of repair 17 206Q Certain guarantees prohibited 18 206R Maximum amount of certain guarantees 18 Division 3—Rents and other charges 19 206S Rent, fees and charges under site agreements 19 206T Limit on rent in advance 19 206U Receipts for rent 20 206V How much notice is required of rent increase? 21 206W Site tenant may complain to Director about excessive rent 22 206X Application to Tribunal about excessive rent 23 206Y What can the Tribunal order? 23 206Z Payment of increased rent pending Tribunal decision 25 206ZA Additional charge 25 206ZB Rent must be reduced if services are reduced 26 206ZC Site tenant's goods not to be taken for rent 26 Division 4—Other charges 26 206ZD Fee for supply of key 26 206ZE Site tenant's liability for electricity, gas and water charges 27 -- 2 of 154 -- Section Page iii 206ZF Site owner's liability for electricity, gas and water charges 27 206ZG Reimbursement 28 206ZH Site owner must not seek overpayment for utility charges 28 Division 5—General duties of site tenants 29 206ZI Site tenant's use of site 29 206ZJ Site tenant must not use site for illegal purpose 29 206ZK Site tenant's duty to pay rent 29 206ZL Quiet enjoyment—site tenant's duty 30 206ZM Site tenant must keep site clean 30 206ZN Site tenant must not erect structures 30 206ZO Site tenant must notify site owner of and compensate for damage 30 206ZP Number of persons residing on Part 4A site 31 206ZQ Site tenant must observe Part 4A park rules 31 Division 6—General duties of site owners 31 206ZR Site owner must give tenant certain information 31 206ZS Part 4A site plans 32 206ZT Site owner must provide access 32 206ZU Quiet enjoyment—site owner's duty 33 206ZV Site owner must keep Part 4A park clean 33 206ZW Duty of site owner to maintain communal areas 33 206ZX Site owner to give additional information 34 Division 7—Part 4A park rules 35 206ZY Site owner may make Part 4A park rules 35 206ZZ Amendment of Part 4A park rules 36 206ZZA What if the Part 4A park rules are thought to be unreasonable? 36 Division 8—Site tenants' committees 37 206ZZB Participation in site tenants' committee 37 206ZZC Site owner's duties to site tenants' committees 37 Division 9—Assignment and sub-letting 38 206ZZD Assignment by a site tenant 38 206ZZE Sub-letting by a site tenant 38 206ZZF Site tenant may apply to Tribunal 38 206ZZG Site owner cannot ask for fee for giving consent 39 206ZZH Sale of Part 4A dwelling 40 -- 3 of 154 -- Section Page iv Division 10—Rights of entry 40 206ZZI Entry of Part 4A site and Part 4A dwelling by site owner 40 206ZZJ Grounds for entry of Part 4A site 41 206ZZK Manner of entry 42 206ZZL What must be in a notice of entry? 42 206ZZM Site tenant has duty to permit entry 43 206ZZN What if damage is caused during entry? 43 206ZZO What if a person exercising right of entry fails to comply with Division? 43 206ZZP Offence relating to entering a site occupied by a site tenant 44 PART 4—AMENDMENTS CONSEQUENTIAL ON NEW PART 4A 45 Division 1—Amendments to Part 5—Compensation and compliance 45 11 Definitions in Part 5 45 12 Breach of duty notice 46 13 Tribunal must hear application urgently 46 14 New section 210B inserted 46 210B Application to Tribunal by site tenant or site owner for compensation 46 15 Matters which may be considered by Tribunal 47 16 Orders of Tribunal 47 17 New section 213AA inserted 48 213AA Compensation for unpaid rent under site agreement 48 18 Application for payment of rent arrears or hiring charge arrears from bond 48 19 Application to Tribunal for loss or damage 49 20 New section 214A inserted 49 214A Compensation for loss of rent under terminated site agreement 49 21 What powers does a court have to award compensation? 50 Division 2—Amendments to Part 6—Termination 51 22 New Division 3A of Part 6 51 Division 3A—Termination of site agreements in Part 4A parks 51 Subdivision 1—When can a site agreement be terminated? 51 317A Termination of site agreement 51 317B Termination by agreement 51 317C Termination by consent 51 317D Termination after notice to vacate 51 317E Termination by abandonment 52 -- 4 of 154 -- Section Page v 317F Termination if Part 4A site is sub-let 52 317G Termination if site owner not owner of site 52 317H Termination by merger 52 317I Termination by disclaimer 53 317J Termination by site tenant before occupation or use 53 317K Offences relating to interference with rights 53 Subdivision 2—Variations or creations of site agreement 55 317L Creation of periodic site agreement 55 317M Application for new site agreement because of final family violence intervention order 56 317N Tribunal orders for application made under section 317M 57 317O Tribunal may determine parties' liability under terminated site agreement 58 317P Cross-examination in proceedings for a new site agreement 59 317Q Reduction of fixed term site agreement 59 Subdivision 3—Notice of intention to vacate or abandonment by site tenant 61 317R Notice of intention to vacate 61 317S Notice to have no effect in certain circumstances 61 317T Reduced period of notice of intention to vacate in certain circumstances 61 317U Failure of site owner to comply with Tribunal order 63 317V Successive breaches by site owner 63 317W Order of abandonment 63 Subdivision 4—Notice by site owner or mortgagee 64 317X Damage 64 317Y Danger 64 317Z Disruption 65 317ZA Failure to comply with Tribunal order 65 317ZB Successive breaches by site tenant 65 317ZC Use of Part 4A site for illegal purpose 66 317ZD Assignment or sub-letting without consent 66 317ZE Notice by land owner 66 317ZF Notice under fixed term site agreement 67 317ZG Notice under periodic site agreement 67 317ZH Notice of no effect 67 317ZI Notice by mortgagee of Part 4A park 68 23 Form of notice of intention to vacate 69 24 Form of notice to vacate 69 -- 5 of 154 -- Section Page vi Division 3—Amendments to Part 7—Regaining possession— possession orders and warrants 69 25 New section 324A inserted 69 324A Application for possession order by site owner 69 26 Application for possession order by mortgagee 70 27 Time for application 70 28 Applications where composite notice to vacate is given 70 29 Order of Tribunal 70 30 Order to be dismissed or adjourned in certain circumstances 71 31 Order not to be made in certain circumstances 71 32 Contents of possession order 71 33 Effect of possession order 72 34 Issue of warrant of possession 72 35 Postponement of issue of warrant in certain cases 73 36 Immediate issue of warrant if failure to comply during postponement 73 37 Offence to re-enter rooming house, site or caravan 73 Division 4—Amendments to Part 8—Violence on certain premises 74 38 Definitions for Part 8 74 39 What happens if a notice to leave is given? 74 40 Offence to re-enter premises during suspension 75 41 Urgent application to Tribunal 75 42 What can the Tribunal order? 75 43 Offence to allow occupation of premises pending application or hearing 76 44 Notice to leave prohibited 76 Division 5—Amendments to Part 9—Goods left behind by tenants and residents 76 45 Goods left behind 76 46 Application of Part 9 77 47 Definitions for Part 9 77 48 What happens if personal documents are left behind? 77 49 Reclaiming personal documents before disposal 78 50 New section 388A inserted 78 388A What must a site owner or Part 4A site agreement mortgagee do about goods left behind? 78 51 Rightful owner may reclaim stored goods before sale 78 52 What if a caravan owned by a resident is abandoned on site? 79 53 New section 390A inserted 79 390A What if a Part 4A dwelling owned by a site tenant is abandoned on site? 79 54 Purchaser takes good title 79 55 What if proceeds of sale are not sufficient to cover costs? 79 -- 6 of 154 -- Section Page vii 56 What if goods or documents are disposed of in contravention of this Part? 79 57 What if goods or documents are wrongfully retained? 80 58 What if goods or documents are damaged or lost? 80 59 What if stored goods have been sold in accordance with this Part? 80 60 What if personal documents are disposed of in accordance with section 381? 80 Division 6—Amendments to Part 10—Bonds and the Residential Tenancies Bond Authority 80 61 Definitions for Part 10 80 Division 7—Amendments to Part 11—Functions of the Tribunal 81 62 Jurisdiction of Tribunal 81 63 General applications to the Tribunal 81 64 General applications to the Tribunal 82 65 General power of Tribunal to make determinations 82 Division 8—Amendments to Parts 12 and 13—Administration and General 83 66 Functions of Director 83 67 Offence to make false representation 83 68 Offence to persuade person not to exercise rights or take proceedings 83 69 Offence to aid, abet, counsel or procure commission of offence 84 70 Certain penalties prohibited 84 71 Service of documents 84 72 Application to Supreme Court, County Court or Magistrates' Court 85 73 Regulations 86 PART 5—ROOMING HOUSES AMENDMENTS 87 74 New section 102A inserted 87 102A Director may investigate rent without application by resident 87 75 New section 131A inserted 87 131A Director may investigate rooming house without application by resident 87 76 New Division 8 of Part 3 inserted 89 Division 8—Standards 89 142B Standards for rooming houses etc. 89 142C Regulations for rooming houses 90 -- 7 of 154 -- Section Page viii 77 New Division 9 of Part 3 inserted 92 Division 9—Miscellaneous 92 142D Unregistered rooming house 92 78 Application for compensation or compliance order for breach of duty 92 79 New section 289A inserted 93 289A Notice by owner of building or other person who is not rooming house owner 93 80 New section 323A inserted 96 323A Application for possession order by person entitled to give notice to vacate under section 289A 96 81 Consequential amendments—regaining possession 96 82 New section 399A inserted 98 399A Director may make application without consent— former rooming house residents 98 83 Functions of Director 98 84 Application of provisions of Fair Trading Act 1999 99 PART 6—CARAVAN PARKS AND MOVABLE DWELLINGS 100 85 New section 515A inserted 100 515A Fire safety and emergency management regulations 100 86 New Division 3A of Part 14 inserted 101 Division 3A—Fire safety and emergency management procedures 101 518A Definitions 101 518B Provision of fire fighting equipment 102 518C Space around movable dwellings and adjacent structures 102 518D Emergency management plan and emergency procedures 102 518E Public emergency warnings 103 518F Municipal council may issue notice 104 87 Authorised persons 105 88 Powers of entry and inspection 106 89 New section 526A inserted 106 526A Report of inspection 106 PART 7—RESIDENTIAL TENANCY DATABASES 108 90 New Part 10A inserted 108 PART 10A—RESIDENTIAL TENANCY DATABASES 108 439A Definitions 108 439B Application 110 439C Notice of usual use of database 111 -- 8 of 154 -- Section Page ix 439D Notice of listing if database used 112 439E Listing can be made only for particular breaches by particular persons 113 439F Further restriction on listing 114 439G Ensuring quality of listing—landlord's obligation 115 439H Ensuring quality of listing—database operator's obligation 116 439I Providing copy of personal information listed 117 439J Notifying relevant non-parties of Tribunal order about listing 118 439K Keeping personal information listed 118 439L Application to Tribunal for removal or amendment of listing 119 439M What can the Tribunal order? 121 PART 8—MISCELLANEOUS AMENDMENTS 123 Division 1—Penalties and offences 123 91 Tenancy agreements to be in standard form 123 92 Copy of agreement to be made available to tenant 123 93 Tenants with children 123 94 What is the maximum bond? 123 95 Not more than one bond is payable in respect of continuous occupation 123 96 Condition report 123 97 Certain guarantees prohibited 124 98 Limit on rent in advance 124 99 Rent in advance under weekly tenancy agreement 124 100 Receipts for rent 124 101 Tenant's good not to be taken for rent 124 102 Application and holding deposits 124 103 Certain charges prohibited 124 104 Landlord must not seek overpayment for utility charge 125 105 Landlord must give tenant certain information 125 106 Landlord cannot ask for fee for giving consent 125 107 Offence relating to entering rented premises 125 108 Notice to resident of residency right 125 109 Consent required for increase in room capacity 125 110 What is the maximum bond? 125 111 Condition report 126 112 Limit on rent in advance 126 113 Receipts for rent 126 114 Resident's goods not to be taken for rent 126 115 Display of statement of rights and house rules 126 116 Owner to give additional information 126 117 Duties relating to house rules 126 118 Offence relating to entering room occupied by resident 127 -- 9 of 154 -- Section Page x 119 Caravan park owner to notify prospective resident of rights 127 120 Payment of bond 127 121 What is the maximum bond? 127 122 Condition report 127 123 Limit on rent or hiring charge in advance 127 124 Receipts for rent or hiring charge 127 125 Resident's goods not to be taken for rent or hiring charges 128 126 Owner must not seek overpayment for utility charges 128 127 Statement of rights and copy of park rules 128 128 Statement of scale of certain charges, fees and commissions 128 129 Owner to give additional information 128 130 Duties relating to caravan park rules 128 131 Sale of caravan 129 132 Offence relating to entering a site or caravan occupied by a resident 129 133 Section 229 substituted 129 229 Offence to obtain possession etc. of premises 129 134 Prohibition on letting premises after notice 130 135 Offences relating to interference with rights 130 136 Rent payable on termination without notice 130 137 Prohibition on renting after notice 131 138 Offences relating to interference with rights 131 139 Rent or hiring charge payable on termination without notice 131 140 Prohibition on hiring of caravans or renting of sites after notice 131 141 Offence to re-enter rooming house, site or caravan 131 142 Offence to give notice to leave or purported notice to leave without reasonable grounds 132 143 Offence to remain on premises if given notice to leave 132 144 Offence to re-enter premises during suspension 132 145 Notice to principal registrar 132 146 Offence to allow occupation of premises pending application or hearing 132 147 Reclaiming personal documents before disposal 133 148 Rightful owner may reclaim stored goods before sale 133 149 Bond lodgement form 133 150 Duty to pay bond to Authority 133 151 Notice of assignment or transfer by landlord 133 152 Notice of assignment or transfer by tenant 133 153 Tenant must not use bond as rent 134 154 Offence to fail to comply with determination of Tribunal 134 155 Confidentiality 134 156 Offence to make false representation—tenancy agreement or residency right 134 157 Offence to persuade person not to exercise rights or take proceedings 135 -- 10 of 154 -- Section Page xi 158 Offence to aid, abet, counsel or procure commission of offence 135 159 Offence to give false information 135 160 Certain penalties prohibited 135 161 Application of provisions of Fair Trading Act 1999 136 162 Regulations 136 163 Additional powers 136 164 Compliance notice 136 165 Closure order 136 Division 2—Miscellaneous amendments to Principal Act 136 166 Definition of GST 136 167 Urgent repairs to rented premises and applications to Tribunal 137 168 Urgent repairs to rooming house and applications to Tribunal 137 169 Urgent repairs to caravans and applications to Tribunal 137 170 Regulations 138 PART 9—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 140 Division 1—Duties Act 2000 140 171 Powers of the Director in relation to proceedings on behalf of consumers 140 Division 2—Fair Trading Act 1999 141 172 Powers of the Director in relation to proceedings on behalf of consumers 141 173 Proceedings and costs 141 PART 10—REPEAL OF AMENDING ACT 142 174 Repeal of amending Act 142 ═══════════════ ENDNOTES 143 -- 11 of 154 -- 1 Residential Tenancies Amendment Act 2010 † No. 67 of 2010 [Assented to 28 September 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose 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 Victoria -- 12 of 154 -- Part 1—Preliminary Residential Tenancies Amendment Act 2010 No. 67 of 2010 2 (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. 2 Commencement (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. 3 Principal Act In this Act the Residential Tenancies Act 1997 is called the Principal Act. __________________ s. 2 See: Act No. 109/1997 Reprint No. 5 as at 15 January 2009 and amending Act Nos 19/2009, 68/2009, 1/2010 and 32/2010. LawToday: www. legislation. vic.gov.au -- 13 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 3 PART 2—AMENDMENTS TO PARTS 1 AND 4 OF THE PRINCIPAL ACT Division 1—Amendments to Part 1—Preliminary 4 Purposes 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.". 5 Definitions (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 s. 4 -- 14 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 4 (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; s. 5 -- 15 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 5 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"; s. 5 -- 16 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 6 (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". s. 5 -- 17 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 7 (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 6 Application 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 23A Application 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 s. 6 -- 18 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 8 whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law. 23B Site agreements exceeding 5 years This Act applies to a site agreement whether or not the initial term of the site agreement exceeds 5 years. 23C Part 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. 23D Part 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. 23E Part 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. 23F Prescribed 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. s. 6 -- 19 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 9 23G Certain 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.". 7 Application 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.". 8 Order 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)". s. 7 -- 20 of 154 -- Part 2—Amendments to Parts 1 and 4 of the Principal Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 10 Division 3—Amendments to Part 4—Caravan parks and movable dwellings—Residency rights and duties 9 New 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 143AA Application 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.". __________________ s. 9 -- 21 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 11 PART 3—NEW PART 4A 10 New 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 206B Rights 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. 206C Part 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. 206D Crown land A site agreement cannot be entered into in relation to Crown land. s. 10 -- 22 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 12 206E Site 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. 206F Terms 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 s. 10 -- 23 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 13 (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). 206G Harsh 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. 206H Minimum 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. s. 10 -- 24 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 14 (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. 206I Site 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. 206J Cooling 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. s. 10 -- 25 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 15 (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 206K What 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. s. 10 -- 26 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 16 206L Application 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. 206M Tribunal 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. 206N Not 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. s. 10 -- 27 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 17 206O Condition 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. 206P Condition 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 s. 10 -- 28 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 18 (b) a statement with which the site tenant disagrees under an endorsement on the report. 206Q Certain 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. 206R Maximum 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). s. 10 -- 29 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 19 Division 3—Rents and other charges 206S Rent, 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. 206T Limit 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. s. 10 -- 30 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 20 206U Receipts 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. s. 10 -- 31 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 21 (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. 206V How 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 s. 10 -- 32 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 22 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. 206W Site 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). s. 10 -- 33 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 23 206X Application 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. 206Y What 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; s. 10 -- 34 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 24 (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. s. 10 -- 35 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 25 206Z Payment 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. 206ZA Additional 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. s. 10 -- 36 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 26 206ZB Rent 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. 206ZC Site 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 206ZD Fee 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. s. 10 -- 37 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 27 206ZE Site 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. 206ZF Site 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. s. 10 -- 38 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 28 206ZG Reimbursement (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. 206ZH Site 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. s. 10 -- 39 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 29 (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 206ZI Site 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. 206ZJ Site 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. 206ZK Site 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. s. 10 -- 40 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 30 206ZL Quiet 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. 206ZM Site 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. 206ZN Site 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. 206ZO Site 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. s. 10 -- 41 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 31 (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. 206ZP Number 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. 206ZQ Site 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 206ZR Site 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 s. 10 -- 42 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 32 (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. 206ZS Part 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). 206ZT Site 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 s. 10 -- 43 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 33 (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. 206ZU Quiet 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. 206ZV Site 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. 206ZW Duty 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 s. 10 -- 44 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 34 (b) if necessary, provide temporary substitute facilities. 206ZX Site 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. s. 10 -- 45 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 35 (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 206ZY Site 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 s. 10 -- 46 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 36 (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. 206ZZ Amendment 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. 206ZZA What 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. s. 10 -- 47 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 37 (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 206ZZB Participation 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. 206ZZC Site 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. s. 10 -- 48 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 38 Division 9—Assignment and sub-letting 206ZZD Assignment 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. 206ZZE Sub-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. 206ZZF Site 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 s. 10 -- 49 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 39 (b) the site tenant believes that the withholding of the consent is unreasonable. (2) The Tribunal may order that consent is not required. 206ZZG Site 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. s. 10 -- 50 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 40 206ZZH Sale 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 206ZZI Entry 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 s. 10 -- 51 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 41 (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. 206ZZJ Grounds 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 s. 10 -- 52 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 42 (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. 206ZZK Manner 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. 206ZZL What 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 s. 10 -- 53 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 43 (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. 206ZZM Site 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). 206ZZN What 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. 206ZZO What 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 s. 10 -- 54 of 154 -- Part 3—New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 44 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. 206ZZP Offence 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. __________________". __________________ s. 10 -- 55 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 45 PART 4—AMENDMENTS CONSEQUENTIAL ON NEW PART 4A Division 1—Amendments to Part 5—Compensation and compliance 11 Definitions 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.". s. 11 -- 56 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 46 12 Breach 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". 13 Tribunal 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).". 14 New 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. s. 12 -- 57 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 47 (2) This section does not apply to a duty under a duty provision or section 206ZR.". 15 Matters 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". 16 Orders 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"; s. 15 -- 58 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 48 (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". 17 New 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.". 18 Application 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"; s. 17 -- 59 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 49 (b) after "caravan park owner" insert ", site owner". 19 Application 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.". 20 New 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 s. 19 -- 60 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 50 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.". 21 What 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)". s. 21 -- 61 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 51 Division 2—Amendments to Part 6—Termination 22 New 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? 317A Termination 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. 317B Termination by agreement A site agreement may be terminated by agreement of the site owner and site tenant. 317C Termination 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. 317D Termination 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 s. 22 -- 62 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 52 (b) the site agreement terminates in accordance with section 334. 317E Termination by abandonment A site agreement terminates if the site tenant abandons the Part 4A site. 317F Termination 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. 317G Termination 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. 317H Termination 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). s. 22 -- 63 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 53 317I Termination 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). 317J Termination 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. 317K Offences 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 s. 22 -- 64 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 54 (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. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (4) Except in accordance with this Act, a person must not, for the purposes of causing a site tenant to abandon a Part 4A site— (a) withdraw or restrict services or facilities which are reasonably required for the occupation of a Part 4A dwelling on a Part 4A site as a residence; or (b) prevent the site tenant from using any facilities; or (c) do any other act or thing intended or designed to cause the site tenant to abandon the Part 4A site. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. s. 22 -- 65 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 55 Subdivision 2—Variations or creations of site agreement 317L Creation of periodic site agreement (1) A site tenant is taken to occupy a Part 4A site under a periodic site agreement if— (a) the term of a fixed term site agreement to which this Act applies ends; and (b) the site tenant under that agreement continues in occupation of the Part 4A site otherwise than as a site tenant under a fixed term site agreement. (2) The rental period under the periodic site agreement created by subsection (1) is— (a) if the rental period under the fixed term site agreement was more than one month, a monthly period; and (b) if the rental period under the fixed term site agreement was one month or less, a period equivalent to that rental period. (3) Except as provided in subsection (2), the periodic site agreement is on the same terms, so far as applicable, as the terms of the fixed term site agreement. (4) On the application of the site owner or the site tenant, the Tribunal may make any variations to the terms of a periodic site agreement created under this section that are necessary for or appropriate to the continuation of a periodic site agreement. s. 22 -- 66 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 56 317M Application for new site agreement because of final family violence intervention order (1) This section applies if— (a) a site tenant is excluded from a Part 4A dwelling on a Part 4A site under an exclusion condition included in a final order; and (b) a protected person under the final order— (i) is also a party to the site agreement for the Part 4A site; or (ii) is the owner or co-owner of the Part 4A dwelling at law or in equity. (2) The protected person may apply to the Tribunal for an order— (a) terminating the existing site agreement; and (b) requiring the site owner of the Part 4A site to enter into a site agreement with the protected person and any other site tenant (other than the excluded site tenant) of the Part 4A site. (3) For the purposes of proceedings in relation to an application for an order under subsection (2), each of the following persons is a party to the proceeding— (a) the protected person; (b) the site owner; (c) the excluded site tenant; (d) any other existing site tenants. s. 22 -- 67 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 57 (4) In this section— final order means a final order within the meaning of the Family Violence Protection Act 2008. 317N Tribunal orders for application made under section 317M (1) On an application under section 317M, the Tribunal may make an order terminating the existing site agreement and requiring the site owner to enter into a new site agreement with the protected person and other persons (if any) specified in the application if the Tribunal is satisfied that— (a) the protected person and any other site tenants (other than the excluded site tenant) of the Part 4A site could reasonably be expected to comply with the duties of a site tenant under a site agreement to which this Act applies; and (b) the protected person or the protected person's dependants would be likely to suffer severe hardship if the protected person were compelled to leave the Part 4A dwelling situated on the Part 4A site the subject of the site agreement; and (c) the hardship suffered by the protected person would be greater than any hardship the site owner would suffer if the order were made; and (d) it is reasonable to do so given the length of the exclusion under the final order and the length of the existing site agreement; and s. 22 -- 68 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 58 (e) it is reasonable to do so given the interests of any other site tenants (other than the excluded site tenant) under the existing site agreement and, in particular, whether the other site tenants support the protected person's application. (2) If the Tribunal makes an order under subsection (1) the new site agreement must— (a) be subject to the same rent and frequency of rent payments as the existing site agreement; and (b) if the existing site agreement is a fixed term agreement, run for a term not longer than the remainder of that fixed term; and (c) otherwise, be on the same terms and conditions as the existing site agreement, subject to any changes the Tribunal determines. (3) If the Tribunal makes an order under subsection (1) the existing site agreement is terminated on the signing of the new site agreement. 317O Tribunal may determine parties' liability under terminated site agreement (1) If the Tribunal makes an order under section 317N, the Tribunal may determine the liabilities of the excluded site tenant, the protected person or any other site tenants under the existing site agreement in relation to any existing liabilities under the existing site agreement, including but not limited to— s. 22 -- 69 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 59 (a) liabilities relating to damage caused to the Part 4A site; and (b) liabilities relating to outstanding utility charges. (2) For the avoidance of doubt, the termination of a site agreement under section 317N does not of itself give rise to a right to claim compensation on the part of any party to the site agreement for early termination of the site agreement. 317P Cross-examination in proceedings for a new site agreement (1) In a hearing for proceedings arising out of, or relating to, an application under section 317M(2) an excluded site tenant must not personally cross-examine a protected person without leave of the Tribunal. (2) The Tribunal may grant leave under subsection (1) with or without conditions. (3) If leave is granted under subsection (1), the excluded site tenant may only cross-examine the protected person— (a) as to those matters set out in section 317N(1); and (b) in accordance with any conditions to which the leave granted is subject. 317Q Reduction of fixed term site agreement (1) On the application of a party to a fixed term site agreement, the Tribunal may make an order— (a) reducing the term of the site agreement by a period stated in the order; and s. 22 -- 70 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 60 (b) making any variations to the terms of the site agreement that are necessary because of the reduction of the term. (2) The Tribunal may only make an order under this section if it is satisfied that, because of an unforeseen change in the applicant's circumstances, the severe hardship which the applicant would suffer if the term of the site agreement were not reduced would be greater than the hardship which the other party would suffer if the term were reduced. (3) Without limiting subsection (2), the Tribunal may make an order under that subsection if satisfied that the applicant has experienced an unforeseen change in the applicant's circumstances that will cause the applicant to suffer severe hardship because— (a) the applicant is a site tenant under the fixed term site agreement; and (b) the applicant— (i) is excluded from the Part 4A site the subject of the site agreement under a family violence intervention order; or (ii) is a protected person under a family violence intervention order and is seeking to reduce the term of the agreement to protect the person's own safety or the safety of his or her dependants. (4) In making an order under this section, the Tribunal may determine the compensation (if any) to be paid by the applicant for the order to the other party because of the reduction in the term of the site agreement. s. 22 -- 71 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 61 Subdivision 3—Notice of intention to vacate or abandonment by site tenant 317R Notice of intention to vacate (1) A site tenant may give a site owner a notice of intention to vacate a Part 4A site. (2) The notice of intention to vacate must specify a termination date that is not less than 28 days after the date on which the notice of intention to vacate is given. 317S Notice to have no effect in certain circumstances A notice of intention to vacate given under section 317R in respect of a fixed term site agreement is of no effect if it specifies a termination date that is earlier than the end of the term of the site agreement. 317T Reduced period of notice of intention to vacate in certain circumstances (1) This section applies if— (a) a site tenant has been given a notice to vacate under section 317ZF; or (b) a site tenant requires special or personal care and needs to vacate the Part 4A site in order to obtain that care; or (c) a site tenant has received a written offer of public housing from the Director of Housing; or (d) a site tenant requires temporary crisis accommodation and needs to vacate the Part 4A site in order to obtain that accommodation. s. 22 -- 72 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 62 (2) A site tenant to whom this section applies may give a site owner a notice of intention to vacate the Part 4A site under a fixed term site agreement specifying a termination date that is on or after the end of the term of the site agreement if the period between the date on which the notice is given and the termination date is not less than 14 days. (3) A site tenant to whom this section applies may give a site owner a notice of intention to vacate a Part 4A site under a periodic site agreement specifying a termination date that is not less than 14 days after the date on which the notice is given. (4) In this section special or personal care means— (a) assistance with one or more of the following— (i) bathing, showering or personal hygiene; (ii) toileting; (iii) dressing or undressing; (iv) meals; or (b) physical assistance for persons with mobility problems; or (c) assistance for persons who are mobile but require some form of supervision or assistance; or (d) assistance or supervision in dispensing medicine; or (e) the provision of substantial emotional support in a health or residential service. s. 22 -- 73 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 63 317U Failure of site owner to comply with Tribunal order (1) A site tenant may give a site owner a notice of intention to vacate a Part 4A site if the site owner fails to comply with an order of the Tribunal under section 212. (2) The notice of intention to vacate must specify a termination date that is not less than 14 days after the date on which the notice is given. 317V Successive breaches by site owner (1) A site tenant under a fixed term site agreement may give a site owner a notice of intention to vacate a Part 4A site if— (a) the site owner has breached a site owner's duty provision within the meaning of Part 5; and (b) on 2 previous occasions the site owner has been in breach of the same site owner's duty provision; and (c) the site tenant or the site tenant's agent has on each occasion given a breach of duty notice to the site owner under section 208. (2) The notice of intention to vacate must specify a termination date that is not less than 14 days after the date on which the notice of intention to vacate is given. 317W Order of abandonment (1) If a site owner believes that a site tenant has abandoned a Part 4A site, the site owner may apply to the Tribunal for an order declaring that the site tenant has abandoned the Part 4A site. s. 22 -- 74 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 64 (2) An application under subsection (1) must be heard by the Tribunal within 5 business days after the application is made. (3) On an application under subsection (1), the Tribunal may by order declare that the Part 4A site was abandoned by the site tenant on a day specified by the Tribunal. (4) The site tenant is taken to have abandoned the Part 4A site on the day specified in the order. Subdivision 4—Notice by site owner or mortgagee 317X Damage (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant or the site tenant's visitor intentionally or recklessly causes or allows serious damage to— (a) the Part 4A site; or (b) the Part 4A park; or (c) any facility in the Part 4A park. (2) The notice to vacate may require the site tenant to vacate the Part 4A site immediately. 317Y Danger (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant or the site tenant's visitor by act or omission causes a danger to any person or property in the Part 4A park. (2) The notice to vacate may require the site tenant to vacate the Part 4A site immediately. s. 22 -- 75 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 65 (3) A site owner is not entitled to give a notice to vacate under subsection (1) if a notice to leave under section 368 has been given in respect of that act or omission. 317Z Disruption (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant or the site tenant's visitor seriously interrupts the quiet and peaceful enjoyment of the Part 4A park by other occupiers. (2) The notice to vacate may require the site tenant to vacate the Part 4A site immediately. 317ZA Failure to comply with Tribunal order (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant fails to comply with an order of the Tribunal under section 212. (2) The notice must specify a termination date that is not less than 14 days after the date on which the notice to vacate is given. 317ZB Successive breaches by site tenant (1) A site owner may give a site tenant a notice to vacate a Part 4A site if— (a) the site tenant has breached a duty provision within the meaning of Part 5; and (b) on 2 previous occasions the site tenant has been in breach of the same duty provision; and (c) the site owner or the site owner's agent has on each occasion given a breach of duty notice to the site tenant under section 208. s. 22 -- 76 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 66 (2) The notice must specify a termination date that is not less than 14 days after the date on which the notice is given. 317ZC Use of Part 4A site for illegal purpose (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant has used the Part 4A dwelling on the Part 4A site or permitted its use for any purpose that is illegal at common law or under an Act. (2) The notice to vacate must specify a termination date that is not less than 14 days after the date on which the notice is given. 317ZD Assignment or sub-letting without consent (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant has assigned or sub-let or purported to assign or sub-let the whole or any part of the Part 4A site without the site owner's consent. (2) The notice must specify a termination date that is not less than 14 days after the date on which the notice to vacate is given. 317ZE Notice by land owner (1) If the site owner under a site agreement is not the owner of the Part 4A site, the owner may exercise a right of the site owner— (a) to give the site tenant a notice to vacate the site; or (b) to recover possession of the Part 4A site; or (c) to give a breach of duty notice under Part 5 that applies to the site agreement. (2) A notice to vacate given under subsection (1) does not have effect unless it specifies a termination date on or after the day on which s. 22 -- 77 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 67 the site owner's interest in the Part 4A site ends. (3) If an owner exercises a right conferred by subsection (1) in relation to a site agreement, this Division, Part 5 and Part 7 have effect as if a reference to a site owner under a site agreement included a reference to the owner. 317ZF Notice under fixed term site agreement (1) A site owner under a fixed term site agreement may, before the end of the term of the site agreement, give the site tenant a notice to vacate the Part 4A site at the end of the fixed term. (2) The notice to vacate must specify a termination date that is on or after the date of the end of the term. (3) The notice to vacate must specify a termination date that is not less than 365 days after the date on which the notice to vacate is given. 317ZG Notice under periodic site agreement (1) A site owner under a periodic site agreement may give the site tenant a notice to vacate the Part 4A site. (2) The notice to vacate must specify a termination date that is not less than 365 days after the date on which the notice to vacate is given. 317ZH Notice of no effect (1) A notice to vacate under section 317ZF is of no effect if it was given in response to the exercise, or proposed exercise, by the site tenant of a right under this Act or the site agreement. s. 22 -- 78 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 68 (2) A person is not entitled to apply to the Tribunal challenging the validity of a notice to vacate under subsection (1) after the end of 60 days after the date on which the notice to vacate is given. 317ZI Notice by mortgagee of Part 4A park (1) A mortgagee of a Part 4A park may give a site tenant a notice to vacate a Part 4A site if the mortgagee becomes entitled to possession of, or to exercise a power of sale in respect of, the Part 4A park under a mortgage. (2) The notice to vacate must specify a termination date that is— (a) on or after the date of the end of the fixed term and not less than 365 days from the date of the notice to vacate, if the site agreement is a fixed term site agreement that was entered into— (i) before the mortgage was granted in respect of the Part 4A park; or (ii) after the mortgage was granted in respect of the Part 4A park and is consistent with the terms of the mortgage agreement; or (b) not less than 365 days from the date of the notice to vacate, if the site agreement is a periodic site agreement that commenced— (i) before the mortgage was granted in respect of the Part 4A park; or (ii) after the mortgage was granted in respect of the Part 4A park and is consistent with the terms of the mortgage agreement; or s. 22 -- 79 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 69 (c) not less than 90 days from the date of the notice to vacate, if the site agreement— (i) was entered into after the mortgage was granted in respect of the Part 4A park; and (ii) is inconsistent with the terms of the mortgage agreement.". 23 Form of notice of intention to vacate In section 318(1) of the Principal Act after "caravan park" insert "or a site in a Part 4A park". 24 Form of notice to vacate In section 319 of the Principal Act— (a) in paragraph (b), for "tenant or resident" substitute "tenant, resident or site tenant (as the case requires)"; (b) in paragraph (d), for "288 or 314," substitute "288, 314 or 317ZF,". Division 3—Amendments to Part 7—Regaining possession— possession orders and warrants 25 New section 324A inserted After section 324 of the Principal Act insert— "324A Application for possession order by site owner (1) A site owner may apply to the Tribunal for a possession order for a Part 4A site if the site owner has given the site tenant a notice to vacate the Part 4A site. (2) A site owner may apply to the Tribunal for a possession order if the site tenant has given the site owner a notice of intention to vacate the Part 4A site.". s. 23 -- 80 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 70 26 Application for possession order by mortgagee After section 325(3) of the Principal Act insert— "(4) A Part 4A site mortgagee may apply to the Tribunal for a possession order if— (a) the mortgagee has given a site tenant a notice to vacate the Part 4A site in accordance with section 317ZI; and (b) the site tenant fails to vacate the Part 4A site by the date specified in the notice to vacate.". 27 Time for application In section 326 of the Principal Act— (a) in subsection (1), for "324(1) or 324(2)" substitute "324(1), 324(2) or 324A(1)". (b) in subsection (3), for "323(b) or 324(3)" substitute "323(b), 324(3) or 324A(2)". 28 Applications where composite notice to vacate is given In section 327 of the Principal Act for "323(a) or 324(1) or (2)" substitute "323(a), 324(1) or (2) or 324A(1)". 29 Order of Tribunal (1) In section 330(1) of the Principal Act— (a) for "tenant or resident" (wherever occurring) substitute "tenant, resident or site tenant"; (b) for "owner or mortgagee" (where twice occurring) substitute "owner, site owner or mortgagee"; (c) in paragraph (b), for "owner or caravan owner" substitute "owner, caravan owner or site owner". s. 26 -- 81 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 71 (2) In section 330(2) of the Principal Act for "323(b) or 324(3)" substitute "323(b), 324(3) or 324A(2)". 30 Order to be dismissed or adjourned in certain circumstances (1) In section 331(1) of the Principal Act— (a) in paragraph (a)(iii) for "306; and" substitute "306; or"; (b) after paragraph (a)(iii) insert— "(iv) in the case of a Part 4A site, a notice to vacate given under section 317ZB in respect of successive breaches by the site tenant of the duty to pay rent; and"; (c) in paragraph (b) for "owner or caravan owner" insert "owner, caravan owner or site owner". (2) In section 331(3) of the Principal Act after "tenant" (where twice occurring) insert "or site tenant". 31 Order not to be made in certain circumstances In section 332 of the Principal Act— (a) in subsection (1)(a), for "282 or 307" substitute "282, 307 or 317U"; (b) in subsection (2), for "280 or 304" substitute "280, 304 or 317Z". 32 Contents of possession order (1) In section 333(1) of the Principal Act— (a) after paragraph (a)(iii) insert— "(iv) in the case of a Part 4A site, the site tenant must vacate the Part 4A site and remove the Part 4A dwelling situated s. 30 -- 82 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 72 on the Part 4A site, if the Part 4A dwelling is to be removed; and"; (b) in paragraph (b) for "tenant or resident" substitute "tenant, resident or site tenant". (2) After section 333(3) of the Principal Act insert— "(4) A possession order for a site in a Part 4A park must also include a warning that if the site tenant and any other person residing at the Part 4A site fails to comply with the direction referred to in subsection (1)(b), the site tenant and any other person residing at the Part 4A site in a Part 4A dwelling may be forcibly removed from the Part 4A site and the Part 4A dwelling by a member of the police force or an authorised person carrying out a warrant of possession.". 33 Effect of possession order (1) Insert the following heading to section 334 of the Principal Act— "Effect of possession order for rented premises or Part 4A site". (2) At the end of section 334 of the Principal Act insert— "(2) If a possession order is made under this Division in respect of a Part 4A site, the site agreement terminates at the end of the day before the day on which possession of the Part 4A site is delivered up to the site owner or mortgagee.". 34 Issue of warrant of possession In section 351(1)(b) of the Principal Act for "tenant or resident" substitute "tenant, resident or site tenant". s. 33 -- 83 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 73 35 Postponement of issue of warrant in certain cases (1) In section 352(1) of the Principal Act— (a) after "premises" insert "or Part 4A site"; (b) in paragraph (a) after "tenant" insert "or site tenant (as the case may be)"; (c) in paragraph (b) for "landlord" substitute "landlord, site owner". (2) In section 352(3) of the Principal Act— (a) after "landlord" insert "or site owner"; (b) for "245" substitute "245, 317X or 317Y". 36 Immediate issue of warrant if failure to comply during postponement In section 353 of the Principal Act— (a) for "landlord" substitute "landlord, site owner"; (b) after "premises" insert "or a Part 4A site (as the case may be)"; (c) after "tenant" insert "or site tenant"; (d) in paragraphs (b) and (c) after "agreement" insert "or site agreement". 37 Offence to re-enter rooming house, site or caravan After section 358(2) of the Principal Act insert— "(3) A person who is removed from a Part 4A site under a warrant of possession must not re- enter and take up possession of the Part 4A site. Penalty: 20 penalty units.". s. 35 -- 84 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 74 Division 4—Amendments to Part 8—Violence on certain premises 38 Definitions for Part 8 In section 367 of the Principal Act— (a) in paragraph (c) of the definition of managed premises, for "park—" substitute "park; or"; (b) after paragraph (c) of the definition of managed premises insert— "(d) a Part 4A park—"; (c) in the definition of manager for "owner or caravan park owner" substitute "owner, caravan park owner or site owner"; (d) in the definition of on-site manager for "building or caravan park" (wherever occurring) substitute "building, caravan park or Part 4A park"; (e) for the definition of resident substitute— "resident includes— (a) a tenant of rented premises in a managed high density building; and (b) a site tenant.". 39 What happens if a notice to leave is given? (1) Insert the following heading to section 370 of the Principal Act— "What happens if a notice to leave is given?". (2) In section 370(1) of the Principal Act for "room or site" substitute "room, site or Part 4A site". s. 38 -- 85 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 75 (3) In section 370(1) and (2)(a) of the Principal Act for "agreement or residency right" substitute "agreement, residency right or site agreement". 40 Offence to re-enter premises during suspension In section 372 of the Principal Act for "agreement or residency right" substitute "agreement, residency right or site agreement". 41 Urgent application to Tribunal (1) Insert the following heading to section 374 of the Principal Act— "Urgent applications to Tribunal". (2) In section 374(1) of the Principal Act for "owner or caravan park owner" substitute "owner, caravan park owner or site owner". (3) In section 374(1) and (2) of the Principal Act for "agreement or residency right" (wherever occurring) substitute "agreement, residency right or site agreement". 42 What can the Tribunal order? (1) In section 376(1) of the Principal Act for "room or site" (where twice occurring) substitute "room, site or Part 4A site". (2) In section 376(1) and (3) of the Principal Act for "agreement or residency right" (wherever occurring) substitute "agreement, residency right or site agreement". s. 40 -- 86 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 76 43 Offence to allow occupation of premises pending application or hearing After section 377(3) of the Principal Act insert— "(3A) A site owner must not allow a person who is not a party to a site agreement suspended under section 370 to occupy the Part 4A site to which that site agreement applies during the period of suspension. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.". 44 Notice to leave prohibited (1) In the heading to section 377A of the Principal Act for "279 or 303" substitute "279, 303 or 317Y". (2) In section 377A of the Principal Act— (a) in paragraph (c), for "omission." substitute "omission; or"; (b) after paragraph (c) insert— "(d) a site owner has given a notice to vacate under section 317Y in respect of that act or omission.". Division 5—Amendments to Part 9—Goods left behind by tenants and residents 45 Goods left behind In the heading to Part 9 of the Principal Act for "TENANTS AND RESIDENTS" substitute "TENANTS, RESIDENTS AND SITE TENANTS". s. 43 -- 87 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 77 46 Application of Part 9 In section 378 of the Principal Act— (a) in paragraph (c), for "behind." substitute "behind;"; (b) after paragraph (c) insert— "(d) in the case of a Part 4A site, the site agreement has been terminated and goods have been left behind.". 47 Definitions for Part 9 (1) In section 379 of the Principal Act, in the definition of owner of premises— (a) in paragraph (c), for "mortgagee;" substitute "mortgagee; and"; (b) after paragraph (c) insert— "(d) in relation to a Part 4A site, the site owner;". (2) In section 379 of the Principal Act, in the definition of stored goods— (a) in paragraph (c), for "388." substitute "388;"; (b) after paragraph (c) insert— "(d) in relation to a Part 4A site, goods left behind on the Part 4A site of which a site owner must take reasonable care in accordance with section 388A.". 48 What happens if personal documents are left behind? (1) Insert the following heading to section 380 of the Principal Act— "What happens if personal documents are left behind?". s. 46 -- 88 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 78 (2) In section 380 of the Principal Act for "tenant or resident" (where twice occurring) substitute "tenant, resident or site tenant". 49 Reclaiming personal documents before disposal In section 382(1) of the Principal Act for "tenant or resident" substitute "tenant, resident or site tenant". 50 New section 388A inserted After section 388 of the Principal Act insert— "388A What must a site owner or Part 4A site agreement mortgagee do about goods left behind? A site owner who takes possession of a Part 4A site vacated by a site tenant must— (a) take reasonable care of any goods (other than goods which may be removed and destroyed or disposed of under section 384) left behind when the site tenant vacates the Part 4A site; and (b) take reasonable steps to notify the former site tenant as to when and from where the goods left behind can be collected.". 51 Rightful owner may reclaim stored goods before sale In section 389(1) of the Principal Act— (a) in paragraph (a) after "landlord" insert "or site owner"; (b) in paragraph (a)(i) after "tenant" insert "or site tenant". s. 49 -- 89 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 79 52 What if a caravan owned by a resident is abandoned on site? In section 390 of the Principal Act, after "Part" insert ", as if the caravan were stored goods". 53 New section 390A inserted After section 390 of the Principal Act insert— "390A What if a Part 4A dwelling owned by a site tenant is abandoned on site? If a Part 4A dwelling owned by a site tenant has been abandoned and an abandonment order has been made under section 317W or a possession order has been made under section 324A, the site owner may deal with the Part 4A dwelling in accordance with this Part, as if the Part 4A dwelling were stored goods.". 54 Purchaser takes good title In section 394(a) of the Principal Act for "tenant or former resident" substitute "tenant, former resident or former site tenant". 55 What if proceeds of sale are not sufficient to cover costs? In section 395(2) of the Principal Act for "agreement or residency right" substitute "agreement, residency right or site agreement". 56 What if goods or documents are disposed of in contravention of this Part? In section 396 of the Principal Act— (a) for "tenant's or former resident's" substitute "tenant's, former resident's or former site tenant's"; (b) after "former resident" insert ", former site tenant". s. 52 -- 90 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 80 57 What if goods or documents are wrongfully retained? In section 397 of the Principal Act after "former resident" insert ", former site tenant". 58 What if goods or documents are damaged or lost? In section 398 of the Principal Act after "former resident" insert ", former site tenant". 59 What if stored goods have been sold in accordance with this Part? In section 399 of the Principal Act— (a) for "tenant's or former resident's" substitute "tenant's, former resident's or former site tenant's"; (b) after "former resident" insert ", former site tenant". 60 What if personal documents are disposed of in accordance with section 381? In section 400(2) of the Principal Act for "agreement or residency right" substitute "agreement, residency right or site agreement". Division 6—Amendments to Part 10—Bonds and the Residential Tenancies Bond Authority 61 Definitions for Part 10 In section 404 of the Principal Act— (a) in the definition of Director of Housing voucher, after "tenant" insert "or site tenant"; (b) in the definition of landlord, after paragraph (c) insert— "(ca) site owner;"; s. 57 -- 91 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 81 (c) in the definition of rented premises, for "site and caravan" substitute "site, caravan and Part 4A site"; (d) in the definition of tenancy agreement, after "right" insert "and site agreement"; (e) in the definition of tenant, after paragraph (a) insert— "(ab) site tenant; and"; (f) in paragraph (b) of the definition of tenant, for "tenant and former resident" substitute "tenant, former resident and former site tenant". Division 7—Amendments to Part 11—Functions of the Tribunal 62 Jurisdiction of Tribunal After section 446(b) of the Principal Act insert— "(ba) any matter arising in relation to a site agreement or a proposed site agreement in respect of a Part 4A site; and". 63 General applications to the Tribunal (1) In section 447(1) of the Principal Act for "$10 000" (wherever occurring) substitute "$10 000, or in the case of the site agreement provisions, $100 000". (2) In section 447(1A) of the Principal Act— (a) in paragraph (c), for "$10 000." substitute "$10 000; or"; s. 62 -- 92 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 82 (b) after paragraph (c) insert— "(d) by a site owner or a site tenant in relation to the site agreement provisions or a site agreement which involves a monetary claim for an amount exceeding $100 000.". 64 General applications to the Tribunal After section 452(3) of the Principal Act insert— "(3A) A site owner or site tenant may apply to the Tribunal if— (a) a dispute arises in respect of a site agreement or an agreement relating to a site agreement; or (b) there has been a breach of a duty under the site agreement provisions.". 65 General power of Tribunal to make determinations In section 472(1) of the Principal Act— (a) after paragraph (d) insert— "(da) to restrain any action in breach of a site agreement or the provisions of this Act relating to a site agreement; (db) to require any action in the performance of a site agreement or of duties under this Act relating to the site agreement;"; (b) in paragraph (e)(iii), for "resident;" substitute "resident; or"; (c) after paragraph (e)(iii) insert— "(iv) a Part 4A dwelling or a Part 4A site by a site owner or site tenant;". s. 64 -- 93 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 83 Division 8—Amendments to Parts 12 and 13— Administration and General 66 Functions of Director In section 486 of the Principal Act— (a) in paragraph (a)(ii) for "3 or 4" substitute "3, 4 or 4A"; (b) after paragraph (b)(iii) insert— "(iv) on the written application of a site tenant or site owner, any matter arising under the site agreement provisions;". 67 Offence to make false representation In section 501 of the Principal Act— (a) after "proposed tenancy agreement" (where first occurring) insert ", a site agreement, a proposed site agreement"; (b) in paragraph (b), after "agreement" insert "or site agreement"; (c) in paragraph (c), for "or proposed tenancy agreement" substitute ", proposed tenancy agreement, site agreement or proposed site agreement". 68 Offence to persuade person not to exercise rights or take proceedings In section 502 of the Principal Act— (a) after "proposed tenancy agreement" (where first occurring) insert ", a site agreement, a proposed site agreement"; (b) in paragraph (d) for "owner—" substitute "owner; or"; s. 66 -- 94 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 84 (c) after paragraph (d) insert— "(e) a party to the site agreement or proposed site agreement—". 69 Offence to aid, abet, counsel or procure commission of offence In section 503 of the Principal Act, after "proposed tenancy agreement" insert ", a site agreement, a proposed site agreement". 70 Certain penalties prohibited After section 505(3) of the Principal Act insert— "(4) A person must not demand or accept from a site tenant under a site agreement who has failed to comply with the site agreement or with any of the provisions of this Act relating to the site agreement the payment by reason of the failure of any amount other than— (a) subject to this Act, rent under the site agreement; or (b) an amount or penalty provided for in this Act. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.". 71 Service of documents (1) After section 506(2) of the Principal Act insert— "(2A) In the case of a notice or other document to be served on or given to a site owner, in addition to the methods set out in subsection (1), a notice or document may be served or given— s. 69 -- 95 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 85 (a) by delivering it to the site owner or to the site owner's agent or to the person who usually collects the rent; or (b) by sending it by post addressed— (i) to the site owner at the site owner's address for service of documents; or (ii) to the site owner's agent at the agent's usual place of business; or (c) by giving it to a person employed in the office of the site owner's agent.". (2) In section 506(3) of the Principal Act— (a) for "tenant or resident" (where twice occurring) substitute "tenant, resident or site tenant"; (b) in paragraph (b), for "room or site" substitute "room, site or Part 4A site". (3) In section 506(4) of the Principal Act— (a) after "tenant" insert "or site tenant"; (b) after "premises" insert "or Part 4A site". 72 Application to Supreme Court, County Court or Magistrates' Court In section 510(1) of the Principal Act— (a) in paragraph (c), for "park—" substitute "park; or"; (b) after paragraph (c) insert— "(d) a site agreement in respect of a Part 4A site—". s. 72 -- 96 of 154 -- Part 4—Amendments Consequential on New Part 4A Residential Tenancies Amendment Act 2010 No. 67 of 2010 86 73 Regulations After section 511(1)(f) of the Principal Act insert— "(fa) prescribing the form and content of a written statement required under section 206ZR; (fb) prescribing the form and content of a site agreement or class of site agreement required under section 206F; (fc) the minimum term that must be offered by a site owner or a class of site owners; (fd) the rents, fees and charges that may be imposed under a site agreement; (fe) the manner in which rents, fees and charges may be calculated and adjusted under a site agreement; (ff) prescribing the matters to be included in Part 4A park rules;". __________________ s. 73 -- 97 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 87 PART 5—ROOMING HOUSES AMENDMENTS 74 New section 102A inserted After section 102 of the Principal Act insert— "102A Director may investigate rent without application by resident (1) If the Director considers it appropriate to do so, the Director may investigate— (a) if a resident of a rooming house has received a notice of a rent increase, whether the proposed rent is excessive; or (b) if a resident's rent has been reduced as a result of an increase in the room capacity of the resident's room, whether the reduction is insufficient and the rent is excessive. (2) If the Director carries out an investigation under subsection (1), the Director must give a written report to the resident and a copy of the report to the rooming house owner. (3) An investigation may be carried out under this section whether or not the resident of the rooming house applies for an investigation under section 102.". 75 New section 131A inserted After section 131 of the Principal Act insert— "131A Director may investigate rooming house without application by resident (1) If the Director considers it appropriate to do so, the Director may investigate whether a rooming house owner— s. 74 -- 98 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 88 (a) is in breach of a duty to ensure a room or rooming house is maintained in good repair; or (b) has failed to comply with the standards of privacy, safety, security and amenity of a room, facility, service or common area of a rooming house prescribed for the purposes of Division 8 of this Part. (2) If the Director carries out an investigation under subsection (1), the Director— (a) may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the rooming house owner— (i) is in breach of the duty to maintain the room or rooming house in good repair; or (ii) has failed to comply with the standards prescribed for the purposes of Division 8 of this Part; and (b) must give a written report to any resident affected by the breach or failure to comply, as the case requires, and a copy of the report to the rooming house owner. (3) An investigation may be carried out under this section whether or not the resident applies for an investigation under section 131.". s. 75 -- 99 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 89 76 New Division 8 of Part 3 inserted After Division 7 of Part 3 of the Principal Act insert— "Division 8—Standards 142B Standards for rooming houses etc. (1) A rooming house owner must not provide to a resident of a rooming house a room that does not comply with the prescribed privacy, safety, security and amenity standards. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (2) A rooming house owner must not provide to a resident of a rooming house a facility or service that does not comply with the prescribed privacy, safety, security and amenity standards. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (3) A rooming house owner must not provide a resident of a rooming house with access to a common area that does not comply with the prescribed privacy, safety, security and amenity standards. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. s. 76 -- 100 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 90 142C Regulations for rooming houses (1) The Governor in Council may make regulations for or with respect to— (a) for the purposes of this Division, prescribing privacy, safety, security and amenity standards in relation to all or any combination of the following— (i) rooming houses; (ii) rooms in a rooming house; (iii) rooming house facilities and services; (iv) common areas of rooming houses; (v) the general amenity of rooming houses; and (b) generally prescribing any matter or thing required or authorised to be prescribed by this Division. (2) Regulations under this Division may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstance; (c) apply at all times or specified times; (d) 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 s. 76 -- 101 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 91 (iii) as specified in both subparagraphs (i) and (ii); (e) 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; (f) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body; (g) 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; (h) leave any matter or thing to be from time to time determined or approved by the Minister or the Director of Housing.". s. 76 -- 102 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 92 77 New Division 9 of Part 3 inserted At the end of Part 3 of the Principal Act insert— "Division 9—Miscellaneous 142D Unregistered rooming house An owner of a building who is not a rooming house owner, or that owner's agent, who has reason to believe that the building is being used as a rooming house but is not registered in accordance with Division 4 of Part 6 of the Public Health and Wellbeing Act 2008 as prescribed accommodation within the meaning of that Act must notify the municipal council of the district in which the building is located. Penalty: 20 penalty units. Note Section 67 of the Public Health and Wellbeing Act 2008 provides that it is an offence for the proprietor of prescribed accommodation within the meaning of that Act not to register that accommodation with the Council.". 78 Application for compensation or compliance order for breach of duty At the end of section 209 of the Principal Act insert— "(2) Subject to section 105 of the Fair Trading Act 1999, the Director may make an application under this section on behalf of the person who gave the notice without that person's consent.". s. 77 -- 103 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 93 79 New section 289A inserted After section 289 of the Principal Act insert— "289A Notice by owner of building or other person who is not rooming house owner (1) This section applies if a person who is not a rooming house owner leases a building to another person and the building is being used, whether by that lessee or another person, to operate a rooming house and— (a) notice terminating the lease of the building is given by a party to that lease; or (b) if the person operating the rooming house is not the lessee, the person operating the rooming house or any other party to any lease or other agreement under which that person occupies the building gives notice terminating that lease or other agreement; or (c) the lease, or if the person operating the rooming house is not the lessee any lease or other agreement under which that person occupies the building, is terminated by consent or by agreement; or (d) the lessee or other person operating the rooming house abandons the building. (2) If this section applies, notice to vacate may be given to each resident of the rooming house by— (a) a lessee of the building who is not the rooming house owner, or that person's agent, if— s. 79 -- 104 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 94 (i) that person's lease is not terminated as set out in subsection (1)(a), (b) or (c); or (ii) that person has not abandoned the building; or (b) the owner of the building or the owner's agent. (3) A notice to vacate given to a resident under subsection (2) must specify a date for vacating the building which is the later of— (a) 45 days after the date on which that notice to vacate is given; or (b) in a case referred to in subsection (1)(a) or (b), the date which is the end of the period specified in the notice referred to in subsection (1)(a) or (b), as the case requires. (4) A person entitled to give notice to vacate to a resident under this section, or that person's agent, must make reasonable enquiries to identify each resident of the rooming house for the purposes of giving a notice to vacate under subsection (2). (5) Despite section 506(3), a notice is taken to be served on a resident of the rooming house if a copy of the notice is affixed to the door of the resident's room. (6) If a notice to vacate is given under this section, a resident of the rooming house— (a) may continue to occupy the room in the rooming house on the same terms and in the same state of repair or general condition that the resident occupied the room in the rooming house under the s. 79 -- 105 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 95 residency right granted by the rooming house owner; and (b) must pay rent to the owner of the building for the notice period, unless the resident can demonstrate that he or she has paid rent for the notice period to the rooming house owner. (7) Subject to subsection (9), nothing in this section imposes on a person entitled to give notice to vacate to a resident under this section the rights, duties and obligations of a rooming house owner. (8) Nothing in this section prevents a rooming house owner giving, in accordance with this Act, a notice to vacate to a resident with an earlier termination date than that referred to in subsection (3) for a notice to vacate under this section and such a notice to vacate given by the rooming house owner— (a) prevails over any notice to vacate given to a resident under this section; and (b) must be complied with by the resident in accordance with this Act. (9) If a person entitled to give notice to vacate to a resident under this section, or that person's agent, exercises a right conferred by subsection (2) in relation to a residency right, Part 3 (except sections 93, 94, 94A, 94B, 94C, 94D, 95, 96, 97, 98, 109, 124 and Division 8 of that Part), Part 5, sections 278, 279, 280, 281 and 284, Part 7 and Part 9 have effect as if a reference to a rooming house owner included a reference to the person entitled to give notice to vacate to a resident under this section. s. 79 -- 106 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 96 (10) For the purposes of subsection (6), notice period means the period— (a) commencing on the day the person entitled to give notice to vacate to a resident under this section, or that person's agent, gives the resident a notice to vacate; and (b) ending on the day specified in the notice to vacate on which the resident must vacate the building.". 80 New section 323A inserted After section 323 of the Principal Act insert— "323A Application for possession order by person entitled to give notice to vacate under section 289A A person entitled to give notice to vacate under section 289A may apply to the Tribunal for a possession order for the building if— (a) the person has given a resident a notice to vacate under section 289A; and (b) the resident fails to vacate the building by the date specified in that notice to vacate.". 81 Consequential amendments—regaining possession In the Principal Act— (a) in section 326(2) after "322(3)" insert ", 323A"; (b) in section 330(1)— (i) after "and rooming house" insert "or a building"; s. 80 -- 107 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 97 (ii) in paragraph (a) for "or mortgagee" substitute ", person entitled to give a notice to vacate under section 289A or mortgagee"; (iii) in paragraph (c) for "or mortgagee" substitute ", person entitled to give a notice to vacate under section 289A or mortgagee"; (iv) in paragraph (d) after "room," insert "building,"; (c) in section 330(2) after "323(b)" insert ", 323A"; (d) after section 333(1)(a)(ii) insert— "(iia) in the case of a building in respect of which notice under section 289A was given, the resident must vacate that building: and"; (e) in section 333— (i) in subsection (1)(b) after "rooming house," insert "building,"; (ii) in subsection (2) after "a rooming house" insert "or a building"; (iii) in subsection (2) after "and rooming house" insert "or the building"; (f) in section 355— (i) in subsection (2)(a) after "rooming house," insert "building,"; (ii) in subsection (2)(b) after "shared room)," insert "building,"; (iii) in subsection (3) after "rooming house" insert ", building,"; s. 81 -- 108 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 98 (g) in section 358(1)— (i) after "a rooming house" insert " or in the case of a building in respect of which notice under section 289A was given, a building,"; (ii) after "the rooming house" insert "or that building". 82 New section 399A inserted After section 399 of the Principal Act insert— "399A Director may make application without consent—former rooming house residents (1) The Director may make an application under section 396, 397 or 399 on behalf of the former resident of a rooming house or person who has a lawful right to the goods or documents referred to in section 396, 397 or 399 (as the case requires) without the consent of the former resident or person who has a lawful right if the Director is satisfied that it is in the public interest to do so. (2) This section applies subject to section 105 of the Fair Trading Act 1999.". 83 Functions of Director In section 486 of the Principal Act— (a) in paragraph (b)(ii) omit "on the written application of a resident or a rooming house owner,"; (b) after paragraph (c) insert— "(ca) to report on an investigation under paragraph (b)(ii) to any person to whom the matter under investigation relates;". s. 82 -- 109 of 154 -- Part 5—Rooming Houses Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 99 84 Application of provisions of Fair Trading Act 1999 (1) After section 507A(1)(a) of the Principal Act insert— '(ab) the reference in section 121A(2) of the Fair Trading Act 1999 to "premises that is used for residential purposes" were taken to exclude a common area within the meaning of this Act in a rooming house.'. (2) In section 507A(2) of the Principal Act after "Sections" insert "106I,". __________________ s. 84 -- 110 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 100 PART 6—CARAVAN PARKS AND MOVABLE DWELLINGS 85 New section 515A inserted After section 515 of the Principal Act insert— "515A Fire safety and emergency management regulations The Governor in Council may make regulations for or with respect to all or any of the following matters— (a) the preparation of emergency management plans for caravan parks; (b) the form, content and display of emergency management plans of caravan parks, including emergency procedures and preventative measures; (c) the display of public emergency warnings in caravan parks; (d) the supply and maintenance of fire safety equipment in caravan parks; (e) standards for maintaining clear areas within caravan parks for the purposes of fire fighter access and fire separation; (f) fees for carrying out inspections and preparing reports in respect of the fire safety and emergency management plans of caravan parks including— (i) specific fees; (ii) maximum or minimum fees; (iii) maximum and minimum fees; (iv) scales of fees proportionate with the period of registration; s. 85 -- 111 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 101 (v) the payment of fees either generally or under specified conditions or in specified circumstances; (g) any other matters relating to the regulation of fire safety and emergency management plans in respect of movable dwellings and caravan parks that are necessary to give effect to this Part.". 86 New Division 3A of Part 14 inserted After Division 3 of Part 14 of the Principal Act insert— "Division 3A—Fire safety and emergency management procedures 518A Definitions In this Division— emergency management plan means an emergency management plan prepared under section 518D; emergency procedures means the emergency procedures contained in an emergency management plan; preventative measures means the preventative measures contained in an emergency management plan; public emergency warning means an emergency warning issued to the general public by an emergency services agency for an emergency, including a flood, bushfire, storm or tsunami. s. 86 -- 112 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 102 518B Provision of fire fighting equipment (1) A caravan park owner must provide fire fighting equipment for the caravan park in accordance with the regulations. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. (2) A caravan park owner must ensure that the fire fighting equipment is maintained to the prescribed standard. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. 518C Space around movable dwellings and adjacent structures A caravan park owner must ensure that the area of space around movable dwellings and adjacent structures complies with the prescribed standards for providing fire fighter access and fire separation. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. 518D Emergency management plan and emergency procedures (1) A caravan park owner must not operate the caravan park unless the caravan park owner has prepared an emergency management plan in accordance with the regulations. s. 86 -- 113 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 103 Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. (2) A caravan park owner must display a copy of the emergency procedures for the caravan park in the prescribed manner. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. (3) A caravan park owner must implement the preventative measures for the caravan park. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. (4) In the event of an emergency, a caravan park owner must implement the relevant emergency procedures for the caravan park. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. 518E Public emergency warnings (1) If a public emergency warning is issued, a caravan park owner must display a copy of the public emergency warning in the prescribed manner. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. s. 86 -- 114 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 104 (2) If a public emergency warning is issued, a caravan park owner must implement the relevant emergency procedures for the caravan park. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. 518F Municipal council may issue notice (1) If a municipal council determines that the emergency management plan of a caravan park does not comply with the prescribed requirements, the municipal council may issue a written notice to the caravan park owner specifying— (a) the changes to the emergency management plan required in order to comply with the prescribed requirements; and (b) a time for compliance with the notice, being not less than 14 days from the date of the notice. (2) A caravan park owner who is issued with a notice under subsection (1) must update the emergency management plan in accordance with that notice within the time period specified in the notice. Penalty: 240 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate.". s. 86 -- 115 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 105 87 Authorised persons (1) In section 525(1) of the Principal Act, for "Infrastructure" substitute "Planning and Community Development". (2) After section 525(2) of the Principal Act insert— "(2A) The Chief Officer within the meaning of the Country Fire Authority 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 Country Fire Authority to exercise the powers set out in section 526. (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).". s. 87 -- 116 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 106 (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.". 88 Powers of entry and inspection In section 526(5) of the Principal Act for "Infrastructure" substitute "Planning and Community Development". 89 New 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. s. 88 -- 117 of 154 -- Part 6—Caravan Parks and Movable Dwellings Residential Tenancies Amendment Act 2010 No. 67 of 2010 107 (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.". __________________ s. 89 -- 118 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 108 PART 7—RESIDENTIAL TENANCY DATABASES 90 New Part 10A inserted After Part 10 of the Principal Act insert— "PART 10A—RESIDENTIAL TENANCY DATABASES 439A Definitions 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); s. 90 -- 119 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 109 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; s. 90 -- 120 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 110 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. 439B Application 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. s. 90 -- 121 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 111 439C Notice 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. s. 90 -- 122 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 112 (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. 439D Notice 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 s. 90 -- 123 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 113 (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. 439E Listing 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. s. 90 -- 124 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 114 (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. 439F Further 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. s. 90 -- 125 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 115 (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. 439G Ensuring 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; s. 90 -- 126 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 116 (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. 439H Ensuring 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. s. 90 -- 127 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 117 (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. 439I Providing 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. s. 90 -- 128 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 118 (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. 439J Notifying 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. 439K Keeping 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 s. 90 -- 129 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 119 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. 439L Application 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 s. 90 -- 130 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 120 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. s. 90 -- 131 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 121 439M What 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 s. 90 -- 132 of 154 -- Part 7—Residential Tenancy Databases Residential Tenancies Amendment Act 2010 No. 67 of 2010 122 (d) the database operator has not amended or removed personal information listed in a residential tenancy database in accordance with section 439H(2); or __________________". __________________ s. 90 -- 133 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 123 PART 8—MISCELLANEOUS AMENDMENTS Division 1—Penalties and offences 91 Tenancy 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.". 92 Copy 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.". 93 Tenants with children For the penalty at the foot of section 30(1) of the Principal Act substitute— "Penalty: 10 penalty units.". 94 What is the maximum bond? For the penalty at the foot of section 31(1) of the Principal Act substitute— "Penalty: 20 penalty units.". 95 Not 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.". 96 Condition report For the penalty at the foot of section 35(1) of the Principal Act substitute— "Penalty: 10 penalty units.". s. 91 -- 134 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 124 97 Certain guarantees prohibited For the penalty at the foot of section 37(1) of the Principal Act substitute— "Penalty: 20 penalty units.". 98 Limit on rent in advance For the penalty at the foot of section 40(1) of the Principal Act substitute— "Penalty: 20 penalty units.". 99 Rent in advance under weekly tenancy agreement For the penalty at the foot of section 41 of the Principal Act substitute— "Penalty: 20 penalty units.". 100 Receipts for rent For the penalty at the foot of section 43(1), (2) and (2A) of the Principal Act substitute— "Penalty: 10 penalty units.". 101 Tenant'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.". 102 Application and holding deposits For the penalty at the foot of section 50 of the Principal Act substitute— "Penalty: 20 penalty units.". 103 Certain charges prohibited For the penalty at the foot of section 51(1), (2) and (3) of the Principal Act substitute— "Penalty: 20 penalty units.". s. 97 -- 135 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 125 104 Landlord 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.". 105 Landlord 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.". 106 Landlord 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.". 107 Offence relating to entering rented premises For the penalty at the foot of section 91A of the Principal Act substitute— "Penalty: 20 penalty units.". 108 Notice to resident of residency right For the penalty at the foot of section 92C(1) of the Principal Act substitute— "Penalty: 10 penalty units.". 109 Consent 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.". 110 What is the maximum bond? For the penalty at the foot of section 96 of the Principal Act substitute— "Penalty: 20 penalty units.". s. 104 -- 136 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 126 111 Condition report For the penalty at the foot of section 97(1) of the Principal Act substitute— "Penalty: 10 penalty units.". 112 Limit on rent in advance For the penalty at the foot of section 99 of the Principal Act substitute— "Penalty: 20 penalty units.". 113 Receipts for rent For the penalty at the foot of section 100(1), (2) and (2A) of the Principal Act substitute— "Penalty: 10 penalty units.". 114 Resident'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.". 115 Display 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.". 116 Owner 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.". 117 Duties relating to house rules For the penalty at the foot of section 127(1) of the Principal Act substitute— "Penalty: 10 penalty units.". s. 111 -- 137 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 127 118 Offence 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.". 119 Caravan 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.". 120 Payment of bond For the penalty at the foot of section 146(3) of the Principal Act substitute— "Penalty: 20 penalty units.". 121 What is the maximum bond? For the penalty at the foot of section 147 of the Principal Act substitute— "Penalty: 20 penalty units.". 122 Condition report For the penalty at the foot of section 148(1) of the Principal Act substitute— "Penalty: 10 penalty units.". 123 Limit 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.". 124 Receipts 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.". s. 118 -- 138 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 128 125 Resident'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.". 126 Owner 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.". 127 Statement 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.". 128 Statement 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.". 129 Owner 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.". 130 Duties relating to caravan park rules For the penalty at the foot of section 186(1) of the Principal Act substitute— "Penalty: 10 penalty units.". s. 125 -- 139 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 129 131 Sale 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.". 132 Offence 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.". 133 Section 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. s. 131 -- 140 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 130 (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.". 134 Prohibition 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.". 135 Offences 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.". 136 Rent payable on termination without notice For the penalty at the foot of section 275(1) of the Principal Act substitute— "Penalty: 10 penalty units.". s. 134 -- 141 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 131 137 Prohibition 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.". 138 Offences 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.". 139 Rent 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.". 140 Prohibition 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.". 141 Offence 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.". s. 137 -- 142 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 132 142 Offence 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.". 143 Offence 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.". 144 Offence to re-enter premises during suspension For the penalty at the foot of section 372 of the Principal Act substitute— "Penalty: 20 penalty units.". 145 Notice to principal registrar For the penalty at the foot of section 373 of the Principal Act substitute— "Penalty: 60 penalty units.". 146 Offence 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.". s. 142 -- 143 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 133 147 Reclaiming 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.". 148 Rightful 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.". 149 Bond lodgement form For the penalty at the foot of section 405(1) and (4) of the Principal Act substitute— "Penalty: 10 penalty units.". 150 Duty to pay bond to Authority For the penalty at the foot of section 406 of the Principal Act substitute— "Penalty: 60 penalty units.". 151 Notice 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.". 152 Notice 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.". s. 147 -- 144 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 134 153 Tenant must not use bond as rent For the penalty at the foot of section 428 of the Principal Act substitute— "Penalty: 20 penalty units.". 154 Offence 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.". 155 Confidentiality For the penalty at the foot of section 499(2) of the Principal Act substitute— "Penalty: 60 penalty units.". 156 Offence 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.". s. 153 -- 145 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 135 157 Offence 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.". 158 Offence 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.". 159 Offence 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.". 160 Certain 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.". s. 157 -- 146 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 136 161 Application of provisions of Fair Trading Act 1999 Section 507A(1)(b) of the Principal Act is repealed. 162 Regulations In section 511(1)(h) of the Principal Act, for "10 penalty" substitute "20 penalty". 163 Additional powers In section 516(b) of the Principal Act, for "10 penalty" substitute "20 penalty". 164 Compliance notice For the penalty at the foot of section 522(3) of the Principal Act substitute— "Penalty: 120 penalty units.". 165 Closure 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 166 Definition 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;". s. 161 -- 147 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 137 167 Urgent 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)". 168 Urgent 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)". 169 Urgent 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)". s. 167 -- 148 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 138 (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)". 170 Regulations 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; s. 170 -- 149 of 154 -- Part 8—Miscellaneous Amendments Residential Tenancies Amendment Act 2010 No. 67 of 2010 139 (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;". __________________ s. 170 -- 150 of 154 -- Part 9—Consequential Amendments to Other Acts Residential Tenancies Amendment Act 2010 No. 67 of 2010 140 PART 9—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS Division 1—Duties Act 2000 171 Powers 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". s. 171 See: Act No. 79/2000. Reprint No. 7 as at 7 July 2009 and amending Act Nos 84/2008, 4/2009, 69/2009, 74/2009, 1/2010, 6/2010, 11/2010 and 36/2010. LawToday: www. legislation. vic.gov.au -- 151 of 154 -- Part 9—Consequential Amendments to Other Acts Residential Tenancies Amendment Act 2010 No. 67 of 2010 141 Division 2—Fair Trading Act 1999 172 Powers 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)". 173 Proceedings and costs In section 106(1A) and (1B) of the Fair Trading Act 1999 after "a person" insert "without that person's consent or". __________________ See: Act No. 16/1999. Reprint No. 4 as at 11 June 2009 and amending Act Nos 45/2009, 68/2009, 1/2010, 11/2010 and 21/2010. LawToday: www. legislation. vic.gov.au s. 172 -- 152 of 154 -- Part 10—Repeal of Amending Act Residential Tenancies Amendment Act 2010 No. 67 of 2010 142 PART 10—REPEAL OF AMENDING ACT 174 Repeal 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). ═══════════════ s. 174 -- 153 of 154 -- Residential Tenancies Amendment Act 2010 No. 67 of 2010 143 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." Endotes -- 154 of 154 --