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This is a Bill, not an Act. For current law, see the Acts databases.


RESIDENTIAL TENANCIES AMENDMENT BILL 1998

       Queensland




RESIDENTIAL TENANCIES
 AMENDMENT BILL 1998

 


 

 

Queensland RESIDENTIAL TENANCIES AMENDMENT BILL 1998 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2--AMENDMENT OF RESIDENTIAL TENANCIES ACT 1994 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Insertion of new ss 3A and 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3A Caravan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3B Conciliator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Amendment of s 8 (Residential tenancy agreement) . . . . . . . . . . . . . . . . . . 12 6 Amendment of s 15 (Act binds all persons) . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Amendment of s 17 (Application of Property Law Act to agreements) . . . 12 8 Replacement of s 19 (Minors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Amendment of s 21 (Premises used for holidays) . . . . . . . . . . . . . . . . . . . . . 13 10 Insertion of new ss 25A and 25B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25A Headleases for employee housing . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25B Headleases for affordable housing agreements . . . . . . . . . . . . . . . . . 13 11 Amendment of s 30 (Short tenancy statements) . . . . . . . . . . . . . . . . . . . . . . 14 12 Amendment of s 31 (Extending short tenancy statements) . . . . . . . . . . . . . 14 13 Amendment of s 35 (Terms of agreements include duties under Act etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Amendment of s 37 (Inconsistency between Act and agreements) . . . . . . . 14

 


 

2 Residential Tenancies Amendment 15 Replacement of s 38 (Essential terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 38 Standard terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 38A Lessor to give proposed agreement to tenant . . . . . . . . . . . . . . . . . . 15 16 Amendment of s 39 (Written agreements required) . . . . . . . . . . . . . . . . . . . 15 17 Replacement of ss 40 and 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 40 Giving and signing written agreement . . . . . . . . . . . . . . . . . . . . . . . . 16 41 Orders of tribunal about giving and signing written agreement . . . . 17 18 Amendment of s 42 (Condition report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 19 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 42A Condition report at end of tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 Amendment of s 43 (Information statement) . . . . . . . . . . . . . . . . . . . . . . . . . 19 21 Amendment of s 49 (Rent in advance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Amendment of s 50 (Receipts and other records) . . . . . . . . . . . . . . . . . . . . . 20 23 Amendment of s 53 (Rent increases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 24 Insertion of new s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 53A Tenant's application to tribunal about rent increase . . . . . . . . . . . . . 20 25 Amendment of s 54 (Rent decreases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 26 Amendment of s 55 (Seizure of tenant's goods for rent etc.) . . . . . . . . . . . . 22 27 Amendment of s 57 (Meaning of "rental bond") . . . . . . . . . . . . . . . . . . . . . 23 28 Replacement of s 58 (Meaning of "key money") . . . . . . . . . . . . . . . . . . . . . 23 58 Meaning of "rental bond contributor" . . . . . . . . . . . . . . . . . . . . . . . . 23 29 Insertion of new s 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 60A Acknowledging receipt of rental bond . . . . . . . . . . . . . . . . . . . . . . . . 24 30 Amendment of s 65 (Application for payment) . . . . . . . . . . . . . . . . . . . . . . . 24 31 Replacement of s 66 (Payment to party on joint application or other party's direction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 66 Payment to party on joint application or other party's direction . . . 24 66A Payment to cotenants on lessor's direction . . . . . . . . . . . . . . . . . . . . 25 32 Insertion of new s 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 68A Payment on cotenant's direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 33 Amendment of s 69 (Allowed period for tenant's and lessor's notices) . . . 27 34 Omission of s 71 (Payment to cotenants) . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 35 Amendment of s 77 (Payments above maximum amount) . . . . . . . . . . . . . 27

 


 

3 Residential Tenancies Amendment 36 Amendment of s 82 (Other payments from rental bond interest account) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 37 Amendment of s 83 (Increase in rental bond) . . . . . . . . . . . . . . . . . . . . . . . . 28 38 Amendment of ch 2, pt 4 (Holding deposits) . . . . . . . . . . . . . . . . . . . . . . . . 29 PART 4--KEY AND HOLDING DEPOSITS Division 1--Key deposits 84A Payment of key deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 84B Receipts for key deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 84C Refunding key deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 2--Holding deposits 39 Insertion of new ch 2, pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 1--Outgoings other than service charges 40 Insertion of new ch 2, pt 5, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 2--Service charges 41 Amendment of s 90 (Meaning of "service charge") . . . . . . . . . . . . . . . . . . . 30 42 Amendment of s 91 (Service charges generally) . . . . . . . . . . . . . . . . . . . . . 31 43 Insertion of new s 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 91A Water service charge for premises other than moveable dwelling premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 44 Amendment of s 94 (Orders of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 45 Insertion of new s 95A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 95A Incentive amounts prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 46 Amendment of s 96 (Terms requiring payment of penalty etc. void) . . . . . 32 47 Amendment of s 103 (Lessor's obligations generally) . . . . . . . . . . . . . . . . . 33 48 Amendment of s 104 (Lessor's obligations for facilities in moveable dwelling parks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 49 Amendment of s 105 (Lessor's obligations for moveable dwelling site) . . 34 50 Amendment of s 106 (Tenant's obligations generally) . . . . . . . . . . . . . . . . . 34 51 Insertion of new s 108A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 108A Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 52 Amendment of s 110 (Notice of entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 53 Amendment of s 111 (General qualifications about entry) . . . . . . . . . . . . . 35 54 Amendment of s 116 (Lessor's or agent's name and other details) . . . . . . . 36

 


 

4 Residential Tenancies Amendment 55 Amendment of s 121 (Changing locks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 56 Amendment of s 122 (Agreement about changing locks) . . . . . . . . . . . . . . 37 57 Amendment of s 123 (Orders of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 58 Insertion of new ss 123A and 123B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 123A Meaning of "emergency repairs" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 123B Meaning of "routine repairs" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 59 Replacement of ch 3, pt 6 hdg (Moveable dwelling premises) . . . . . . . . . . 39 PART 6--ADDITIONAL PROVISIONS FOR MOVEABLE DWELLING PREMISES 60 Amendment of s 130 (Notice to relocate) . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 61 Insertion of new s 130A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 130A Restriction against enforcing relocation . . . . . . . . . . . . . . . . . . . . . . 39 62 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 132A Application to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 63 Amendment of s 148 (Transfer by lessor) . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 64 Amendment of s 149 (End of tenant's occupation) . . . . . . . . . . . . . . . . . . . . 40 65 Insertion of new s 149A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 149A Death of a cotenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 66 Amendment of s 150 (Injury to spouse) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 67 Insertion of new s 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 150A Injury or damage affecting occupants . . . . . . . . . . . . . . . . . . . . . . . . 41 68 Amendment of s 152 (Acceptance of rent does not operate as waiver of breach) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 69 Insertion of new s 152A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 152A Offer or payment of rent does not operate as waiver of lessor's breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 70 Amendment of s 153 (Notice to remedy tenant's breach) . . . . . . . . . . . . . . 43 71 Omission of s 154 (Tenant may dispute notice to remedy breach) . . . . . . . 43 72 Amendment of s 155 (Notice to leave for unremedied breach) . . . . . . . . . . 44 73 Amendment of s 162 (Notice to leave if tenant's employment ends) . . . . . 44 74 Amendment of s 163 (Notice to leave if tenant's entitlement to supported accommodation ends) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

 


 

5 Residential Tenancies Amendment 75 Insertion of new s 163A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 163A Notice to leave if tenant's entitlement under affordable housing scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 76 Omission of s 164 (Tenant may dispute notice to leave) . . . . . . . . . . . . . . . 45 77 Amendment of s 165 (Notice to leave without ground) . . . . . . . . . . . . . . . . 45 78 Insertion of new s 165A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 165A Application to tribunal about notice to leave without ground . . . . . 46 79 Amendment of s 166 (Application for termination for failure to leave) . . . 46 80 Insertion of new s 171A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 171A Application for termination for repeated breaches . . . . . . . . . . . . . . 46 81 Amendment of s 173 (Notice to remedy lessor's breach) . . . . . . . . . . . . . . 47 82 Omission of s 174 (Lessor may dispute notice to remedy breach) . . . . . . . 47 83 Omission of s 180 (Lessor may dispute notice of intention to leave) . . . . . 47 84 Insertion of new s 186A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 186A Application for termination for repeated breaches . . . . . . . . . . . . . . 48 85 Insertion of new division and division heading . . . . . . . . . . . . . . . . . . . . . . . 49 Division 1--Mortgagees 187A Notice about proposed action of mortgagee . . . . . . . . . . . . . . . . . . . 49 187B Acceptance of rent does not operate as consent . . . . . . . . . . . . . . . . 49 Division 2--Other persons 86 Amendment of s 192 (Notice to remedy breach) . . . . . . . . . . . . . . . . . . . . . 50 87 Amendment of s 193 (Notice to leave) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 88 Omission of s 195 (Dispute notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 89 Amendment of s 196 (Allowed remedy period) . . . . . . . . . . . . . . . . . . . . . . 50 90 Amendment of s 197 (Handover day for notice to leave (premises generally)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 91 Replacement of s 198 (Handover day for notice to leave (moveable dwelling premises)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 198 Handover day for notice to leave for moveable dwelling premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 92 Amendment of s 199 (Handover day for notice of intention to leave (premises generally)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

 


 

6 Residential Tenancies Amendment 93 Replacement of s 200 (Handover day for notice of intention to leave (moveable dwelling premises)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 200 Handover day for notice of intention to leave for moveable dwelling premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 94 Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 200A Withdrawing notice to leave for unremedied breach . . . . . . . . . . . . 55 95 Amendment of s 202 (Applications for termination orders) . . . . . . . . . . . . . 55 96 Amendment of s 204 (Failure to leave for unremedied breach) . . . . . . . . . 56 97 Amendment of s 213 (Incompatibility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 98 Insertion of new s 213A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 213A Repeated breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 99 Amendment of s 214 (Interim order about damage or injury) . . . . . . . . . . . 57 100 Amendment of s 217 (Warrant of possession) . . . . . . . . . . . . . . . . . . . . . . . . 57 101 Amendment of s 221 (Termination of agreement by lessor if premises abandoned) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 102 Insertion of new s 221A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 221A Dispute about abandonment termination notice . . . . . . . . . . . . . . . . 59 103 Amendment of s 222 (Order about abandonment) . . . . . . . . . . . . . . . . . . . . 60 104 Omission of s 223 (Abandoned goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 105 Omission of s 224 (Abandoned documents) . . . . . . . . . . . . . . . . . . . . . . . . . 61 106 Amendment of s 226 (Compensation on abandonment termination notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 107 Amendment of s 227 (Compensation on termination by tribunal or registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 108 Amendment of s 228 (Review of abandonment order) . . . . . . . . . . . . . . . . . 61 109 Omission of s 229 (Abandoned goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 110 Insertion of new ch 4, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 10--GOODS AND DOCUMENTS LEFT BEHIND ON PREMISES 230A Goods left on premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 230B Documents left on premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 230C Application about abandoned goods . . . . . . . . . . . . . . . . . . . . . . . . . . 65

 


 

7 Residential Tenancies Amendment 111 Replacement of headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 PART 1--CONCILIATION OF TENANCY DISPUTES Division 1--Requirement for conciliation 112 Replacement of s 231 (Meaning of "urgent application") . . . . . . . . . . . . . . 65 231 Meaning of "urgent application" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 113 Amendment of s 232 (Applications to tribunal) . . . . . . . . . . . . . . . . . . . . . . 67 114 Insertion of new ch 5, pt 1, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 1A--Conciliation 232A Conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 232B Some matters not suitable for conciliation . . . . . . . . . . . . . . . . . . . . 68 232C Functions of conciliators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 115 Amendment of ch 5, pt 1, div 2 hdg (Starting the mediation process) . . . . 69 116 Replacement of s 233 (Giving of notice of mediation) . . . . . . . . . . . . . . . . 69 233 Making dispute resolution request . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 117 Amendment of s 234 (Reference to making of tribunal application includes giving of mediation notice) . . . . . . . . . . . . . . . . . . . . . 70 118 Replacement of s 235 (Action to be taken on mediation notice) . . . . . . . . 70 235 Action to be taken on dispute resolution request . . . . . . . . . . . . . . . 70 119 Amendment of ch 5, pt 1, div 3 hdg (Conduct of mediation conference) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 120 Replacement of s 236 (Mediation fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 236 Conciliation fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 121 Amendment of s 237 (Limited right of representation) . . . . . . . . . . . . . . . . 71 122 Omission of s 238 (Conference to be held in private) . . . . . . . . . . . . . . . . . 71 123 Replacement of s 239 (Parties attendance at conference not compellable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 239 Parties' participation in conciliation process not compellable . . . . 72 124 Amendment of s 240 (Parties to mediation conference) . . . . . . . . . . . . . . . 72 125 Amendment of s 241 (Mediation agreements) . . . . . . . . . . . . . . . . . . . . . . . 72 126 Replacement of s 242 (No record of mediation conference) . . . . . . . . . . . . 72 242 No record of conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

 


 

8 Residential Tenancies Amendment 127 Replacement of ch 5, pt 1, div 4 (Administration) . . . . . . . . . . . . . . . . . . . . 73 Division 4--Withdrawal of disputes 244 Withdrawal of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 128 Replacement of s 245 (Mediators to maintain secrecy) . . . . . . . . . . . . . . . 73 245 Conciliators to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 245A Authority to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 129 Amendment of s 246 (Ordinary protection and immunity allowed) . . . . . . 74 130 Replacement of s 247 (Admissions made during mediation conference) . . 74 247 Admissions made in conciliation process . . . . . . . . . . . . . . . . . . . . . 74 131 Amendment of s 249 (Applications about breach of agreements) . . . . . . . . 75 132 Amendment of s 250 (Orders about breach of agreements) . . . . . . . . . . . . . 75 133 Amendment of s 253 (Disputes about tenants' notices) . . . . . . . . . . . . . . . . 76 134 Insertion of new s 253A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 253A Disputes about lessors' notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 135 Amendment of s 267 (Authorised person's general powers for places) . . . . 76 136 Insertion of new ss 267A and 267B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 267A Procedure after document seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 267B Power to require information from certain persons . . . . . . . . . . . . . . 77 137 Amendment of s 278 (Behaviour in moveable dwelling park causing serious nuisance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 138 Amendment of s 289 (Authority's functions) . . . . . . . . . . . . . . . . . . . . . . . . . 79 139 Amendment of s 294 (Composition of board) . . . . . . . . . . . . . . . . . . . . . . . . 79 140 Insertion of new s 314A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 314A Limitation on time for starting proceedings . . . . . . . . . . . . . . . . . . . . 79 141 Amendment of s 320 (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 142 Amendment of ch 11 (Transitional, repeals and amendments) . . . . . . . . . . 80 143 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 PART 3--AMENDMENT OF MOBILE HOMES ACT 1989 144 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 145 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

 


 

1998 A BILL FOR An Act to amend the Residential Tenancies Act 1994 and for other purposes

 


 

s1 10 s4 Residential Tenancies Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Residential Tenancies Amendment Act 4 1998. 5 6 Commencement Clause 2. This Act commences on a day to be fixed by proclamation. 7 ART 2--AMENDMENT OF RESIDENTIAL 8 P TENANCIES ACT 1994 9 amended in pt 2 10 Act Clause 3. This part amends the Residential Tenancies Act 1994 . 11 of new ss 3A and 3B 12 Insertion Clause 4. Chapter 1, part 2, division 2-- 13 insert-- 14 15 `Caravan `3A.(1) A "caravan" is a trailer-- 16 (a) designed principally for residential purposes; and 17 (b) designed to be attached to and towed by a self-propelled vehicle; 18 and 19 (c) that, as originally designed, was capable of being registered under 20

 


 

s4 11 s4 Residential Tenancies Amendment a law of the State about the use of vehicles on public roads. 1 `(2) Also, a "caravan" is something-- 2 (a) not fitted with wheels; and 3 (b) not designed for permanent attachment to land but designed for 4 attachment to a motor vehicle and for use for residential purposes. 5 `(3) In addition, a "caravan" is a self-propelled vehicle-- 6 (a) that-- 7 (i) is designed to be used both as a vehicle and for residential 8 purposes; or 9 (ii) was designed to be used solely as a vehicle but has been 10 modified to be suitable for use both as a vehicle and for 11 residential purposes; and 12 (b) that, as originally designed, was capable of being registered under 13 a law of the State about the use of vehicles on public roads. 14 15 `Conciliator `3B.(1) A "conciliator" is a person who-- 16 (a) is, or has been, accredited under the Dispute Resolution Centres 17 Act 1990, section 191 as a mediator for a dispute resolution 18 centre; and 19 (b) has satisfactorily finished training approved by the authority 20 relating to conciliation processes. 21 `(2) Also, a "conciliator" is a person who-- 22 (a) has satisfactorily finished training approved by the authority 23 relating to dispute resolution; and 24 (b) is employed by the authority as a dispute resolution officer.'. 25 1 Section 19 (Mediators)

 


 

s5 12 s8 Residential Tenancies Amendment of s 8 (Residential tenancy agreement) 1 Amendment Clause 5. Section 8(2)-- 2 omit, insert-- 3 `(2) Subsection (1) applies whether or not the right is a right of exclusive 4 occupation. 5 `(3) Subsection (1) also applies whether the agreement is-- 6 (a) wholly in writing, wholly oral or wholly implied; or 7 (b) partly in a form mentioned in paragraph (a) and partly in 1 or 8 both of the other forms.'. 9 of s 15 (Act binds all persons) 10 Amendment Clause 6. Section 15, examples 1 and 2-- 11 omit, insert-- 12 `1. Section 53 (Rent increases) 13 14 2. Section 53A (Tenant's application to tribunal about rent increase) 15 3. Section 89 (Outgoings other than service charges).'. of s 17 (Application of Property Law Act to agreements) 16 Amendment Clause 7. Section 17-- 17 insert-- 18 `(3) Nothing in subsection (1) affects the application of the Property Law 19 Act 1974 to an agreement about a tenancy if the agreement is not a 20 residential tenancy agreement.'. 21 of s 19 (Minors) 22 Replacement Clause 8.(1) Section 19-- 23 omit, insert-- 24 25 `Minors `19.(1) A minor has the capacity to enter into a residential tenancy 26

 


 

s9 13 s 10 Residential Tenancies Amendment agreement. 1 `(2) A residential tenancy agreement entered into by a minor is 2 enforceable in the same way as if the agreement had been entered into by an 3 adult.'. 4 of s 21 (Premises used for holidays) 5 Amendment Clause 9. Section 21(2), from `evidence'-- 6 omit, insert-- 7 `taken not to be given for holiday purposes unless the contrary in 8 proved.'. 9 of new ss 25A and 25B 10 Insertion Clause 10. After section 25-- 11 insert-- 12 for employee housing 13 `Headleases `25A.(1) This Act does not apply to an agreement relating to the letting 14 of premises (the "headlease") entered into by the Commonwealth, the 15 State, a local government or a corporation as tenant for the purpose of 16 subletting the premises to an employee of the tenant. 17 `(2) Subsection (1) does not prevent this Act from applying to a 18 residential tenancy agreement under which the tenant under the headlease 19 lets the premises to an employee of the tenant. 20 `(3) This section applies only to a headlease entered into after the 21 commencement of this section.'. 22 for affordable housing agreements 23 `Headleases `25B.(1) This Act does not apply to an agreement relating to the letting of 24 premises (the "headlease") entered into by the Commonwealth, the State, a 25 local government or a nonprofit corporation as tenant for the purpose of 26 subletting the premises to a person under an affordable housing scheme. 27 `(2) Subsection (1) does not prevent this Act from applying to a 28 residential tenancy agreement under which the tenant under the headlease 29

 


 

s 11 14 s 14 Residential Tenancies Amendment lets the premises to a person whose right of occupancy arises under an 1 affordable housing scheme. 2 `(3) This section applies only to a headlease entered into after the 3 commencement of this section.'. 4 of s 30 (Short tenancy statements) 5 Amendment Clause 11. Section 30(1), `30 days'-- 6 omit, insert-- 7 `42 days'. 8 of s 31 (Extending short tenancy statements) 9 Amendment Clause 12.(1) Section 31(1), `or another period'-- 10 omit, insert-- 11 `for another period'. 12 (2) Section 31(4), `30 days'-- 13 omit, insert-- 14 `42 days'. 15 of s 35 (Terms of agreements include duties under Act 16 Amendment etc.) 17 Clause 13. Section 35(3), `mediation agreement'-- 18 omit, insert-- 19 `conciliation agreement'. 20 of s 37 (Inconsistency between Act and agreements) 21 Amendment Clause 14.(1) Section 37, heading-- 22 omit, insert-- 23 `Inconsistency' 24

 


 

s 15 15 s 16 Residential Tenancies Amendment (2) Section 37-- 1 insert-- 2 `(2) If a standard term of a residential tenancy agreement is inconsistent 3 with a special term of the agreement, the standard term prevails and the 4 special term is void to the extent of the inconsistency.'. 5 of s 38 (Essential terms) 6 Replacement Clause 15. Section 38-- 7 omit, insert-- 8 terms 9 `Standard `38.(1) A regulation may prescribe terms for inclusion in a residential 10 tenancy agreement. 11 `(2) The terms prescribed for this section are the "standard terms" for a 12 residential tenancy agreement. 13 to give proposed agreement to tenant 14 `Lessor `38A.(1) Before entering into a residential tenancy agreement, the lessor 15 must give the tenant a written copy of-- 16 (a) the proposed standard terms; and 17 (b) any proposed special terms. 18 `(2) This section does not apply to an agreement for a short tenancy 19 (moveable dwelling).'. 20 of s 39 (Written agreements required) 21 Amendment Clause 16.(1) Section 39(2) to (4)-- 22 omit, insert-- 23 `(2) The written agreement must-- 24 (a) include the standard terms for the agreement; and 25 (b) include any special terms of the agreement. 26

 


 

s 17 16 s 17 Residential Tenancies Amendment `(3) If, for a standard term to be effective, the term requires stated 1 information to be included in it, (including, for example, the names of the 2 parties and a description of the premises) the agreement is taken to include 3 the standard term only if the information is properly included.'. 4 (2) Section 39(7)-- 5 omit, insert-- 6 `(7) Nothing in this section-- 7 (a) requires the tenant to prepare the written agreement; or 8 (b) affects the enforceability of an agreement that is not in writing. 9 `(8) This section does not apply to-- 10 (a) an agreement for a short tenancy (moveable dwelling); or 11 (b) a periodic tenancy mentioned in section 46(3)2.'. 12 of ss 40 and 41 13 Replacement Clause 17. Sections 40 and 41-- 14 omit, insert-- 15 and signing written agreement 16 `Giving `40.(1) The lessor must give the document prepared for section 39 to the 17 tenant for signing. 18 `(2) Within 5 days after the tenant receives the document, the tenant must 19 sign the document and return it to the lessor. 20 `(3) Within 14 days after the lessor receives the document signed by the 21 tenant, the lessor must sign the document and return a copy signed by both 22 parties to the tenant. 23 Maximum penalty--10 penalty units. 24 `(4) This section does not apply to an agreement for a short tenancy 25 (moveable dwelling). 26 2 Section 46 (Continuation of fixed term agreements)

 


 

s 18 17 s 18 Residential Tenancies Amendment of tribunal about giving and signing written agreement 1 `Orders `41.(1) If the tenant reasonably believes the lessor has contravened 2 section 38A, the tenant may apply to a tribunal for an order that the lessor 3 give a copy of the proposed written agreement to the tenant by a stated day. 4 `(2) If the tenant reasonably believes the lessor has contravened 5 section 40(1), the tenant may apply to a tribunal for an order that the lessor 6 give the relevant document to the tenant for signing by a stated day. 7 `(3) If the tenant reasonably believes the lessor has contravened 8 section 40(3), the tenant may apply to a tribunal for an order that the lessor 9 sign the relevant document and return a copy of it to the tenant by a stated 10 day. 11 `(4) If the lessor reasonably believes the tenant has contravened 12 section 40(2), the lessor may apply to a tribunal for an order that the tenant 13 sign the relevant document and return it to the lessor by a stated day. 14 `(5) If, on an application made to a tribunal by the tenant, the lessor fails 15 to satisfy the tribunal that the lessor acted reasonably in failing to comply 16 with the provision the subject of the application, the tribunal may make the 17 order sought. 18 `(6) If, on an application made to a tribunal by the lessor, the tenant fails 19 to satisfy the tribunal that the tenant acted reasonably in failing to comply 20 with section 40(2), the tribunal may order the tenant to sign and return the 21 relevant document to the lessor by a stated day.'. 22 of s 42 (Condition report) 23 Amendment Clause 18.(1) Section 42, heading-- 24 omit, insert-- 25 `Condition report at start of tenancy'. 26 (2) Section 42(2)-- 27 omit, insert-- 28 `(2) The lessor must-- 29 (a) prepare, in the approved form, a condition report for the premises 30 and any inclusions; and 31

 


 

s 19 18 s 19 Residential Tenancies Amendment (b) sign the report; and 1 (c) give 2 copies of the report to the tenant as required by this section. 2 Maximum penalty--20 penalty units.'. 3 (3) Section 42-- 4 insert-- 5 `(3A) Despite subsection (3), if a written agreement is not given to the 6 tenant for signing before the day (also the "occupation day") the tenant 7 becomes entitled to occupy the premises under the agreement, the lessor 8 must give the copies to the tenant on the occupation day.'. 9 (4) Section 42(5)(b), `subsection (3)(b)'-- 10 omit, insert-- 11 `subsection (3)(b) or (3A)'. 12 (5) Section 42(7)-- 13 omit, insert-- 14 `(7) If the lessor is the State, this section does not apply until a date 15 prescribed under a regulation.'. 16 of new s 42A 17 Insertion Clause 19. After section 42-- 18 insert-- 19 report at end of tenancy 20 `Condition `42A.(1) The tenant must-- 21 (a) prepare, in the approved form, a condition report for the premises 22 and any inclusions; and 23 (b) sign the report; and 24 (c) as soon as practicable after the agreement ends, give 2 copies of 25 the report to the lessor or lessor's agent. 26 `(2) The lessor must, within 3 business days after receiving the copies of 27 the report-- 28 (a) sign the copies; and 29

 


 

s 20 19 s 20 Residential Tenancies Amendment (b) if the lessor does not agree with the report--show the parts of the 1 report the lessor disagrees with by marking the copies in an 2 appropriate way; and 3 (c) either-- 4 (i) if the tenant has given a forwarding address to the lessor or 5 lessor's agent--return a copy to the tenant at the address; or 6 (ii) if subparagraph (i) does not apply--keep the copies. 7 `(3) The lessor must keep a copy of the condition report signed by both 8 parties for at least 6 months after the agreement ends. 9 `(4) If the lessor is the State, this section does not apply until a date 10 prescribed under a regulation.'. 11 of s 43 (Information statement) 12 Amendment Clause 20.(1) Section 43(1)-- 13 omit. 14 (2) Section 43(2)-- 15 renumber as section 43(1). 16 (3) Section 43(3), `(2)'-- 17 omit, insert-- 18 `(1)'. 19 (4) Section 43(3)-- 20 renumber as section 43(2). 21 (5) Section 43(4)-- 22 omit, insert-- 23 `(3) The statement must be given to the tenant-- 24 (a) for an agreement other than an agreement mentioned in 25 paragraph (b)--when a copy of the signed agreement is given to 26 the tenant; or 27 (b) for an agreement for a short tenancy (moveable dwelling)--when 28 the tenancy commences.'. 29

 


 

s 21 20 s 24 Residential Tenancies Amendment of s 49 (Rent in advance) 1 Amendment Clause 21.(1) Section 49(1)-- 2 insert-- 3 `Maximum penalty--20 penalty units.'. 4 (2) Section 49, penalty-- 5 omit, insert-- 6 `Maximum penalty for subsection (2)--10 penalty units.'. 7 of s 50 (Receipts and other records) 8 Amendment Clause 22. Section 50(9)-- 9 omit. 10 of s 53 (Rent increases) 11 Amendment Clause 23.(1) Section 53(3)-- 12 omit, insert-- 13 `(3) The day stated must not be earlier than-- 14 (a) for a periodic agreement--2 months after the notice is given; or 15 (b) for a fixed term agreement--1 month after the notice is given.'. 16 (2) Section 53(4), `The increased rent'-- 17 omit, insert-- 18 `Subject to an order of a tribunal under section 53A, the increased rent'. 19 of new s 53A 20 Insertion Clause 24. After section 53-- 21 insert-- 22 application to tribunal about rent increase 23 `Tenant's `53A.(1) If the lessor gives the tenant notice of a proposed rent increase 24 under section 53 and the tenant considers the increase is excessive, the 25

 


 

s 25 21 s 25 Residential Tenancies Amendment tenant may apply to a tribunal for an order under this section. 1 `(2) The application must be made-- 2 (a) within 30 days after the tenant receives the notice; and 3 (b) if the agreement is a fixed term agreement--before the term of 4 the agreement ends. 5 `(3) The tribunal may make either of the following orders on an 6 application under this section-- 7 (a) an order reducing the amount of the proposed increase of rent by 8 a stated amount; 9 (b) an order setting aside the amount of the proposed increase of rent. 10 `(4) In deciding the application, the tribunal must have regard to the 11 following-- 12 (a) the range of market rents usually charged for comparable 13 premises; 14 (b) the proposed increased rent compared to the current rent; 15 (c) the state of repair of the premises; 16 (d) the term of the tenancy; 17 (e) the period since the last rent increase (if any); 18 (f) anything else the tribunal considers relevant. 19 `(5) Without limiting the tribunal's powers, the tribunal may make an 20 interim order about payment of the rent increase pending its final decision 21 on the application. 22 `(6) This section does not apply if the lessor is the State.'. 23 of s 54 (Rent decreases) 24 Amendment Clause 25.(1) Section 54-- 25 insert-- 26 `(1A) This section also applies if-- 27 (a) services, facilities or goods to be provided to the tenant under the 28 agreement are no longer available or are withdrawn other than 29

 


 

s 26 22 s 26 Residential Tenancies Amendment because the tenant failed to meet the tenant's obligations under the 1 agreement; or 2 (b) the amenity or standard of the premises decreases substantially 3 other than because of malicious damage caused by the tenant.'. 4 (2) Section 54(3)-- 5 omit, insert-- 6 `(3) A tribunal may make an order for a rent decrease only if-- 7 (a) the tenant applies to the tribunal for the order; and 8 (b) if this section applies because of subsection (1)--the premises are 9 partly unfit to live in.'. 10 of s 55 (Seizure of tenant's goods for rent etc.) 11 Amendment Clause 26.(1) Section 55(1), `payment of, rent payable under an agreement'-- 12 omit, insert-- 13 `payment of any of the following-- 14 (a) rent payable under an agreement; 15 (b) an amount payable to the lessor, or at the lessor's direction, by 16 way of reimbursement for an amount payable by the tenant under 17 the agreement but paid by the lessor for the tenant; 18 (c) a claim for loss or damage caused by the tenant's breach of the 19 agreement.'. 20 (2) Section 55(1), penalty, `10'-- 21 omit, insert-- 22 `40'. 23 (3) Section 55(2), `section 223'-- 24 omit,insert-- 25 `section 230A, or a writ or warrant of execution issued by a court,'. 26

 


 

s 27 23 s 28 Residential Tenancies Amendment of s 57 (Meaning of "rental bond") 1 Amendment Clause 27.(1) Section 57(1)(b)-- 2 omit, insert-- 3 `(b) intended to be available for the financial protection of the lessor 4 against the tenant breaching the agreement.'. 5 (2) Section 57-- 6 insert-- 7 `(1A) However, a "rental bond" does not include rent paid in advance.'. 8 (3) Section 57(2)-- 9 insert-- 10 (c) to or by whom the amount is paid; or 11 (d) how the amount is described in the agreement or arrangement 12 about the payment of the amount.'. 13 of s 58 (Meaning of "key money") 14 Replacement Clause 28. Section 58-- 15 omit, insert-- 16 of "rental bond contributor" 17 `Meaning `58.(1) A person is a "rental bond contributor" for a rental bond if the 18 rental bond notice for the agreement indicates that-- 19 (a) the person is the tenant and there are no cotenants; and 20 (b) the person paid the rental bond. 21 `(2) Also, a cotenant is a "rental bond contributor" if-- 22 (a) the rental bond notice for the agreement indicates that the cotenant 23 paid, or contributed to the payment of, the rental bond; or 24 (b) for a replacement cotenant--written notice about the change of 25 cotenants is given to the authority by the replacement cotenant and 26 former cotenant; or 27 (c) the authority is otherwise satisfied the cotenant paid, or 28 contributed to the payment of, the rental bond.'. 29

 


 

s 29 24 s 31 Residential Tenancies Amendment of new s 60A 1 Insertion Clause 29. After section 60-- 2 insert-- 3 receipt of rental bond 4 `Acknowledging `60A. As soon as practicable after receiving a rental bond, the authority 5 must give separate written acknowledgments of the receipt to the lessor and 6 tenant.'. 7 of s 65 (Application for payment) 8 Amendment Clause 30. Section 65-- 9 insert-- 10 `(2) If a notice to leave or notice of intention to leave has been given for 11 premises, an application may only be made on or after the handover day for 12 the notice. 13 `(3) However, subsection (2) does not apply if, on the making of the 14 application, the authority would be required to deal with the application 15 under section 66.'. 16 of s 66 (Payment to party on joint application or other 17 Replacement party's direction) 18 Clause 31. Section 66-- 19 omit, insert-- 20 to party on joint application or other party's direction 21 `Payment `66. The authority must pay a rental bond in the way directed by an 22 application-- 23 (a) if the application is made jointly by the lessor and tenant; or 24 (b) if the application is made by the tenant and directs that payment 25 be made to the lessor only; or 26 (c) if-- 27 (i) there is only 1 rental bond contributor; and 28

 


 

s 31 25 s 31 Residential Tenancies Amendment (ii) the application is made by the lessor and directs that 1 payment be made to the contributor only. 2 to cotenants on lessor's direction 3 `Payment `66A.(1) This section applies if-- 4 (a) an application for the payment of a rental bond is made to the 5 authority by the lessor; and 6 (b) there is more than 1 rental bond contributor; and 7 (c) the application directs that payment be made to the contributors 8 only. 9 `(2) The authority must pay the rental bond to the rental bond 10 contributors in the way directed if the direction states the rental bond is to be 11 paid to the contributors-- 12 (a) in the proportions in which the contributors are shown on the 13 rental bond notice to have contributed; or 14 (b) in equal proportions. 15 `(3) If subsection (2) does not apply, the authority-- 16 (a) must give each rental bond contributor written notice 17 (the "authority's notice") of the application; and 18 (b) may pay the rental bond to the contributors in the way directed. 19 `(4) However, the authority may make a payment under subsection (3) 20 only if-- 21 (a) a rental bond contributor does not, within the allowed period3-- 22 (i) apply to a tribunal for an order about the payment; and4 23 (ii) give the authority a written notice ( the "contributor's 24 notice") informing it of the application; or 25 3 See section 69 (Allowed period for notices) 4 Under section 234, a reference to making an application to a tribunal includes a reference to making a dispute resolution request.

 


 

s 32 26 s 32 Residential Tenancies Amendment (b) after the application is made, and the contributor's notice is given, 1 under paragraph (a)--the application is withdrawn.'. 2 of new s 68A 3 Insertion Clause 32. After section 68-- 4 insert-- 5 on cotenant's direction 6 `Payment `68A.(1) This section applies if-- 7 (a) a rental bond notice for an agreement states there are 2 or more 8 cotenants under the agreement; and 9 (b) an application for the payment of the rental bond is made to the 10 authority by-- 11 (i) 1, or some only, of the cotenants; or 12 (ii) jointly by the lessor and 1, or some only, of the cotenants; 13 and 14 (c) the application directs that a payment be made to 1 or more of the 15 applicants. 16 `(2) The authority must give written notice (the "authority's notice") of 17 the application to-- 18 (a) any cotenant who is not an applicant (an "associated person"); 19 and 20 (b) if the lessor is not an applicant--the lessor (also an "associated 21 person"). 22 `(3) If there is only 1 associated person and the application directs that a 23 payment be made to the associated person, the authority must make the 24 payment to the person. 25 `(4) The authority may make the payment or payments to the applicant or 26 applicants in the way directed by the application. 27 `(5) However, the authority may make a payment under subsection (4) 28 only if-- 29

 


 

s 33 27 s 35 Residential Tenancies Amendment (a) an associated person does not, within the allowed period5-- 1 (i) apply to a tribunal for an order about the payment;6 and 2 (ii) give the authority a written notice (the "associated person's 3 notice") informing it of the application; or 4 (b) after the application is made, and the associated person's notice is 5 given, under paragraph (a)--the application is withdrawn.'. 6 of s 69 (Allowed period for tenant's and lessor's notices) 7 Amendment Clause 33.(1) Section 69, heading-- 8 omit, insert-- 9 `Allowed period for notices'. 10 (2) Section 69, `sections 67 and 68,'-- 11 omit, insert-- 12 `sections 66A, 67, 68 and 68A,7'. 13 of s 71 (Payment to cotenants) 14 Omission Clause 34.(1) Section 71-- 15 omit. 16 of s 77 (Payments above maximum amount) 17 Amendment Clause 35.(1) Section 77(2)(b)-- 18 omit, insert-- 19 `(b) the amount equal to the rent payable under the agreement for the 20 relevant period.'. 21 5 See section 69 (Allowed period for notices) 6 Under section 234 a reference to making an application to a tribunal includes a reference to making a dispute resolution request. 7 Sections 66A (Payment to cotenants on lessor's direction), 67 (Payment to lessor on lessor's own direction), 68 (Payment to tenant on tenant's own direction) and 68A (Payment on cotenant's direction)

 


 

s 36 28 s 37 Residential Tenancies Amendment (2) Section 77-- 1 insert-- 2 `(4) In this section-- 3 "relevant period", for a residential tenancy agreement, means-- 4 (a) if the premises are not moveable dwelling premises--4 weeks; or 5 (b) if the premises are moveable dwelling premises and the tenancy 6 is a long tenancy (moveable dwelling) and electricity supplied to 7 the premises is supplied in the lessor's name and individually 8 metered--3 weeks; or 9 (c) if the premises are moveable dwelling premises and 10 paragraph (b) does not apply--2 weeks.'. 11 of s 82 (Other payments from rental bond interest 12 Amendment account) 13 Clause 36. Section 82(1)-- 14 insert-- 15 `(d) facilitating the resolution of disputes about agreements by 16 tribunals.'. 17 of s 83 (Increase in rental bond) 18 Amendment Clause 37. Section 83(c)(ii)-- 19 omit, insert-- 20 `(ii) if the rental bond has been increased previously following 21 the giving of a notice under this section--the day stated in 22 the notice, or the last notice, for making the increase; and'. 23

 


 

s 38 29 s 38 Residential Tenancies Amendment of ch 2, pt 4 (Holding deposits) 1 Amendment Clause 38. Chapter 2, part 4, heading-- 2 omit, insert-- 3 ART 4--KEY AND HOLDING DEPOSITS 4 `P 1--Key deposits 5 `Division of key deposits 6 `Payment `84A. A person may require a prospective tenant to pay an amount as a 7 deposit for a key (a "key deposit") to enable the prospective tenant to enter 8 and inspect the premises to which the proposed tenancy relates. 9 for key deposits 10 `Receipts `84B.(1) A person receiving a key deposit must give a receipt for the 11 deposit as required by this section. 12 Maximum penalty--10 penalty units. 13 `(2) The receipt must-- 14 (a) be given to the person paying the deposit when the deposit is 15 received; and 16 (b) be signed by the person receiving the deposit. 17 `(3) The receipt must state the following-- 18 (a) the name of the person receiving the deposit; 19 (b) the name of the person paying the deposit; 20 (c) the address of the premises for which the key is given; 21 (d) the date the deposit is received; 22 (e) the amount of the deposit; 23 (f) that the amount is a key deposit; 24 (g) when the key is to be returned. 25

 


 

s 39 30 s 41 Residential Tenancies Amendment key deposit 1 `Refunding `84C. A person who receives a key deposit from a prospective tenant 2 must refund the deposit in full when the key is returned to the person, 3 whether or not the prospective tenant enters into a residential tenancy 4 agreement for the relevant premises. 5 Maximum penalty--10 penalty units. 6 2--Holding deposits'. 7 `Division of new ch 2, pt 5, div 1 hdg 8 Insertion Clause 39. Chapter 2, part 5, before section 89-- 9 insert-- 10 1--Outgoings other than service charges'. 11 `Division of new ch 2, pt 5, div 2 hdg 12 Insertion Clause 40. Before section 90-- 13 insert-- 14 2--Service charges'. 15 `Division of s 90 (Meaning of "service charge") 16 Amendment Clause 41.(1) Section 90(1)(a), `excess'-- 17 omit. 18 (2) Section 90-- 19 insert-- 20 `(1A) For premises that are not moveable dwelling premises in a 21 moveable dwelling park, a "service charge" also includes an amount 22 payable by a person for water fit for human consumption supplied to the 23 premises by delivery by means of a vehicle.'. 24

 


 

s 42 31 s 44 Residential Tenancies Amendment of s 91 (Service charges generally) 1 Amendment Clause 42.(1) Section 91, heading-- 2 omit, insert-- 3 `General service charges for premises other than moveable dwelling 4 premises'. 5 (2) Section 91(1), before `service charge'-- 6 insert-- 7 `general'. 8 of new s 91A 9 Insertion Clause 43. After section 91-- 10 insert-- 11 service charge for premises other than moveable dwelling 12 `Water premises 13 `91A.(1) This section applies to premises that are not moveable dwelling 14 premises if the tenant is required to pay an amount for the lessor's 15 outgoings for water service charges for the premises. 16 `(2) Also, this section applies despite anything in the agreement. 17 `(3) The tenant does not have to pay an amount for the outgoings for a 18 quantity of water for which the lessor should reasonably be liable. 19 `(4) The tenant has to pay an amount for the outgoings only if the 20 premises are individually metered for the water supply. 21 `(5) The tenant does not have to pay an amount for the outgoings that is 22 more than the amount charged by the relevant supply authority for the 23 quantity of water supplied to the premises.'. 24 of s 94 (Orders of tribunal) 25 Amendment Clause 44. Section 94-- 26 insert-- 27 `(3A) In deciding an amount payable by a tenant for outgoings for a 28

 


 

s 45 32 s 46 Residential Tenancies Amendment water service charge, the tribunal must have regard to the following-- 1 (a) relevant available information about water usage and charges for 2 premises in the local government area in which the relevant 3 premises are situated; 4 (b) the area of the relevant land; 5 (c) any terms of the agreement affecting the amount of water used; 6 (d) the presence or absence of water saving devices in the premises; 7 (e) the number of persons occupying the premises; 8 (f) the quantity of water for which the lessor should reasonably be 9 liable; 10 (g) anything else the tribunal considers relevant.'. 11 of new s 95A 12 Insertion Clause 45. After section 95-- 13 insert-- 14 amounts prohibited 15 `Incentive `95A. The lessor must not ask for or receive from the tenant or anyone 16 else an amount for entering into, extending or continuing the agreement, 17 other than an amount for rent, a rental bond, or a fee or other amount 18 required or permitted to be paid under this Act. 19 Maximum penalty--40 penalty units.'. 20 of s 96 (Terms requiring payment of penalty etc. void) 21 Amendment Clause 46.(1) Section 96, heading-- 22 omit, insert-- 23 `Certain terms about penalties and other payments void'. 24 (2) Section 96-- 25 insert-- 26 `(1A) Despite subsection (1), a term of a fixed term agreement is not 27 void to the extent it provides that, if the tenant terminates the agreement 28

 


 

s 47 33 s 48 Residential Tenancies Amendment other than in a way permitted under this Act, the tenant is liable to pay the 1 reasonable costs incurred by the lessor in reletting the premises. 2 `(1B) Subsection (1A) applies to a term only if the only reference in the 3 term to the amount payable by the tenant is a reference to the reasonable 4 costs incurred by the lessor in reletting the premises.'. 5 of s 103 (Lessor's obligations generally) 6 Amendment Clause 47.(1) Section 103(2)(a), `reasonably'-- 7 omit. 8 (2) Section 103(2)(c)-- 9 omit, insert-- 10 `(c) the premises and inclusions are in good repair; and 11 (d) the lessor is not in breach of a law dealing with issues about the 12 health or safety of persons using or entering the premises.'. 13 (3) Section 103(3)-- 14 omit, insert-- 15 `(3) While the tenancy continues, the lessor-- 16 (a) must maintain the premises in a way that the premises remain fit 17 for the tenant to live in; and 18 (b) must maintain the premises and inclusions in good repair; and 19 (c) must ensure any law dealing with issues about the health or safety 20 of persons using or entering the premises is complied with; and 21 (d) if the premises include a common area--must keep the area 22 clean.'. 23 of s 104 (Lessor's obligations for facilities in moveable 24 Amendment dwelling parks) 25 Clause 48.(1) Section 104(3) and (4)-- 26 omit, insert-- 27 `(3) At the start of the tenancy, the lessor must ensure-- 28

 


 

s 49 34 s 51 Residential Tenancies Amendment (a) the facilities in the park are clean; and 1 (b) the facilities are fit for the tenant to use; and 2 (c) the facilities are in good repair; and 3 (d) the lessor is not in breach of a law dealing with issues about the 4 health and safety of persons using or entering the facilities. 5 `(4) While the tenancy continues, the lessor-- 6 (a) must keep the facilities clean; and 7 (b) must maintain the facilities in a way that the facilities remain fit 8 for the tenant to use; and 9 (c) must maintain the facilities in good repair; and 10 (d) must ensure any law dealing with issues about the health or safety 11 of persons using the facilities is complied with.'. 12 of s 105 (Lessor's obligations for moveable dwelling site) 13 Amendment Clause 49. Section 105(2), `reasonably'-- 14 omit. 15 of s 106 (Tenant's obligations generally) 16 Amendment Clause 50. Section 106(2)-- 17 omit, insert-- 18 `(1A) The tenant must keep the premises and inclusions clean, having 19 regard to their condition at the start of the tenancy. 20 `(2) The tenant must not maliciously damage, or allow someone else to 21 maliciously damage, the premises or inclusions. 22 Maximum penalty--40 penalty units.'. 23 of new s 108A 24 Insertion Clause 51. Chapter 3, part 2, after section 108-- 25 insert-- 26

 


 

s 52 35 s 53 Residential Tenancies Amendment of tribunal 1 `Orders `108A.(1) This section applies if, on an application made to a tribunal by 2 the tenant for an order under this section, the tribunal is satisfied-- 3 (a) the lessor has failed to comply with the lessor's maintenance 4 obligation under section 103(3) or 104(4); and 5 (b) the failure results in the health or safety of persons being 6 endangered; and 7 (c) the failure is reasonably capable of being remedied. 8 `(2) The tribunal may order the lessor to remedy the failure within the 9 time decided by the tribunal.'. 10 of s 110 (Notice of entry) 11 Amendment Clause 52. Section 110(4)-- 12 omit, insert-- 13 `(4) Also, despite subsection (1), for premises that are a site only, or a 14 site and a caravan, or a site and a mobile home, in a moveable dwelling 15 park, the lessor or agent may enter the site under section 109(b) to carry out 16 maintenance of the site without giving the entry notice if-- 17 (a) the agreement states-- 18 (i) the frequency with which the entry is required for carrying 19 out the maintenance; and 20 (ii) the conditions under which the entry may be made; and 21 (b) the entry is made under the agreement.'. 22 of s 111 (General qualifications about entry) 23 Amendment Clause 53.(1) Section 111(1), `If the agent' to `the agent may'-- 24 omit, insert-- 25 `A secondary agent of the lessor may'. 26 (2) Section 111(3)-- 27 omit, insert-- 28

 


 

s 54 36 s 54 Residential Tenancies Amendment `(2A) Unless the tenant otherwise agrees, an entry under section 109(a) 1 may not be made less than 3 months after a previous entry by the lessor, or 2 the renting or a secondary agent, under the paragraph. 3 `(3) The lessor or agent may enter the premises under section 109(c) 4 only if-- 5 (a) a condition mentioned in subsection (3A) is satisfied; and 6 (b) a reasonable time has elapsed since a previous entry by the lessor, 7 or the renting or a secondary agent, under the paragraph; and 8 (c) for a secondary agent of the lessor--the secondary agent has 9 given a copy of the entry notice to the renting agent. 10 `(3A) For subsection (3), the conditions are that-- 11 (a) 1 of the following notices is given to the tenant before, or when, 12 the entry notice is given to the tenant-- 13 (i) a notice in the approved form of the lessor's intention to sell 14 the premises; or 15 (ii) a notice to leave the premises; or 16 (b) a notice of intention to leave the premises has been given to the 17 lessor by the tenant.'. 18 (3) Section 111-- 19 insert-- 20 `(7) In this section-- 21 "renting agent", for a lessor, means the agent to whom the tenant 22 normally pays the rent. 23 "secondary agent", for a lessor, means an agent of the lessor who is not 24 the renting agent.'. 25 of s 116 (Lessor's or agent's name and other details) 26 Amendment Clause 54. Section 116(1)(a), `service; and'-- 27 omit, insert-- 28 `service; or'. 29

 


 

s 55 37 s 57 Residential Tenancies Amendment of s 121 (Changing locks) 1 Amendment Clause 55. Section 121(4)-- 2 omit. 3 of s 122 (Agreement about changing locks) 4 Amendment Clause 56. Section 122(3)-- 5 omit. 6 of s 123 (Orders of tribunal) 7 Amendment Clause 57.(1) Section 123, after `following orders'-- 8 insert-- 9 `about locks or keys for the premises'. 10 (2) Section 123(a)-- 11 omit, insert-- 12 `(a) an order requiring the lessor to supply a lock, or a lock of a 13 particular kind; 14 (aa) an order requiring the lessor to carry out stated maintenance of a 15 lock; 16 (ab) an order authorising the lessor or tenant to change a lock;'. 17 (3) Section 123(b) and (c), `of the premises'-- 18 omit. 19 (4) Section 123-- 20 insert-- 21 `(2) In making an order mentioned in subsection (1)(a) or (ab), the 22 tribunal may have regard to the following-- 23 (a) the likelihood of risk to the tenant's personal safety; 24 (b) the requirements of insurance companies for allowing the tenant 25 to obtain insurance for property of the tenant kept at the premises; 26 (c) the likelihood of break-ins or other unlawful entry to the premises 27

 


 

s 58 38 s 58 Residential Tenancies Amendment or nearby premises; 1 (d) local community standards about adequate security for premises; 2 (e) the physical characteristics of the premises and adjoining areas; 3 (f) anything else the tribunal considers relevant.'. 4 of new ss 123A and 123B 5 Insertion Clause 58. Chapter 3, part 5, division 3-- 6 insert-- 7 of "emergency repairs" 8 `Meaning `123A. "Emergency repairs" are works needed to repair any of the 9 following-- 10 (a) a burst water service; 11 (b) a blocked or broken lavatory system; 12 (c) a serious roof leak; 13 (d) a gas leak; 14 (e) a dangerous electrical fault; 15 (f) flooding or serious flood damage; 16 (g) serious storm, fire or impact damage; 17 (h) a failure or breakdown of the gas, electricity or water supply to 18 premises; 19 (i) a failure or breakdown of an essential service or appliance on 20 premises for hot water, cooking or heating; 21 (j) a fault or damage that makes premises unsafe or insecure; 22 (k) a fault or damage likely to injure a person, damage property or 23 unduly inconvenience a resident of premises; 24 (l) a serious fault in a staircase, lift or other common area of 25 premises that unduly inconveniences a resident in gaining access 26 to, or using, the premises. 27

 


 

s 59 39 s 61 Residential Tenancies Amendment of "routine repairs" 1 `Meaning `123B. "Routine repairs" are repairs that are not emergency repairs.'. 2 of ch 3, pt 6 hdg (Moveable dwelling premises) 3 Replacement Clause 59. Chapter 3, part 6, heading-- 4 omit, insert-- 5 ART 6--ADDITIONAL PROVISIONS FOR 6 `P MOVEABLE DWELLING PREMISES'. 7 of s 130 (Notice to relocate) 8 Amendment Clause 60.(1) Section 130(3), `The tenant may' to `another site'-- 9 omit, insert-- 10 `The notice to relocate to another site may be given'. 11 (2) Section 130(4), after `reasonable'-- 12 insert-- 13 `but, in any event, for a notice given under subsection (2)(a) or (d), must 14 be not less than 1 month after the notice is given to the tenant'. 15 of new s 130A 16 Insertion Clause 61. After section 130-- 17 insert-- 18 against enforcing relocation 19 `Restriction `130A. The lessor must not take any action to enforce the tenant's 20 relocation under a notice to relocate unless-- 21 (a) the tenant agrees; or 22 (b) a tribunal orders the tenant to relocate to the site mentioned in the 23 notice. 24 Maximum penalty--20 penalty units.'. 25

 


 

s 62 40 s 64 Residential Tenancies Amendment of new s 132A 1 Insertion Clause 62. Chapter 3, part 6, division 2-- 2 insert-- 3 to tribunal 4 `Application `132A.(1) This section applies if-- 5 (a) a notice to relocate is given to the tenant; and 6 (b) the tenant-- 7 (i) has not complied with the notice; or 8 (ii) is proposing not to comply with the notice (whether or not 9 the tenant has told the lessor). 10 `(2) Either party may apply to a tribunal for an order about the relocation. 11 `(3) In deciding the application, the tribunal may make either of the 12 following orders-- 13 (a) an order requiring the tenant to relocate, by a stated date, to the 14 site mentioned in the relocation notice; 15 (b) an order setting aside the relocation notice.'. 16 of s 148 (Transfer by lessor) 17 Amendment Clause 63. Section 148(5)-- 18 omit. 19 of s 149 (End of tenant's occupation) 20 Amendment Clause 64. Section 149-- 21 insert-- 22 `(7) The tribunal may not make an order under this section without 23 giving the lessor an opportunity to be heard on the application.'. 24

 


 

s 65 41 s 67 Residential Tenancies Amendment of new s 149A 1 Insertion Clause 65. After section 149-- 2 insert-- 3 of a cotenant 4 `Death `149A.(1) This section applies if-- 5 (a) there are cotenants under an agreement; and 6 (b) the cotenants are not stated under the agreement to be joint 7 tenants; and 8 (c) 1 of the cotenants dies. 9 `(2) On the deceased's death-- 10 (a) the deceased's interest in the tenancy ends; and 11 (b) the agreement continues in force with the parties to the agreement 12 being the lessor and the other cotenant or cotenants. 13 `(3) Subsection (2) does not affect, as between the deceased and the other 14 cotenant or cotenants, any right (including, in particular, a right relating to a 15 rental bond) or liability of the deceased existing immediately before the 16 deceased's death.'. 17 of s 150 (Injury to spouse) 18 Amendment Clause 66. Section 150(2), (6) and (7), `a tenant'-- 19 omit, insert-- 20 `a cotenant'. 21 of new s 150A 22 Insertion Clause 67. Chapter 3, part 7, division 3-- 23 insert-- 24 or damage affecting occupants 25 `Injury `150A.(1) This section applies to a person (the "occupant") who is an 26 occupant of premises and who is not the tenant or a cotenant. 27

 


 

s 68 42 s 68 Residential Tenancies Amendment `(2) The occupant may apply to a tribunal for an order to be recognised 1 as the tenant, or a cotenant, under the agreement instead of the tenant, or a 2 cotenant, because the tenant or cotenant has intentionally or recklessly 3 caused, or is likely to intentionally or recklessly cause-- 4 (a) serious damage to the premises; or 5 (b) injury to-- 6 (i) the occupant; or 7 (ii) someone else occupying, or allowed on, the premises. 8 `(3) The tribunal may make the order if it is satisfied the occupant has 9 established the ground of the application. 10 `(4) If the tribunal makes the order, it may make any other order it 11 considers appropriate. 12 13 Examples of orders tribunal may make-- 14 1. An order about the application of the terms of the agreement, or other terms, to 15 the occupant as tenant, or as a cotenant. 16 2. An order about any rental bond paid for the agreement. `(5) A person in whose favour an order is made under subsection (3) is 17 taken to be the tenant, or a cotenant, under the agreement on the terms the 18 tribunal orders. 19 `(6) The tribunal may not make an order under subsection (3) without 20 giving the lessor an opportunity to be heard on the application.'. 21 of s 152 (Acceptance of rent does not operate as waiver of 22 Amendment breach) 23 Clause 68.(1) Section 152, heading, `waiver of breach'-- 24 omit, insert-- 25 `waiver of tenant's breach'. 26 (2) Section 152-- 27 insert-- 28 `(2) Despite subsection (1), if the lessor gives the tenant a notice to 29 remedy breach under section 153 for a breach of the agreement relating to a 30

 


 

s 69 43 s 71 Residential Tenancies Amendment failure to pay rent, acceptance by the lessor of the total amount of rent 1 required under the notice to be paid to remedy the breach operates as a 2 waiver of the breach. 3 `(3) Subsection (2) applies only if the amount mentioned in the 4 subsection is tendered by the tenant to the lessor within the allowed remedy 5 period.'. 6 of new s 152A 7 Insertion Clause 69. Chapter 4, part 1-- 8 insert-- 9 or payment of rent does not operate as waiver of lessor's 10 `Offer breach 11 `152A. If the tenant pays or offers to pay to the lessor rent payable under 12 the agreement, the payment or offer does not operate as a waiver of-- 13 (a) a breach of the agreement by the lessor; or 14 (b) a notice of intention to leave for an unremedied breach given to 15 the lessor by the tenant.'. 16 of s 153 (Notice to remedy tenant's breach) 17 Amendment Clause 70. Section 153-- 18 insert-- 19 `(3) This section does not apply to an agreement for a short tenancy 20 (moveable dwelling).'. 21 of s 154 (Tenant may dispute notice to remedy breach) 22 Omission Clause 71. Section 154-- 23 omit. 24

 


 

s 72 44 s 75 Residential Tenancies Amendment of s 155 (Notice to leave for unremedied breach) 1 Amendment Clause 72. Section 155(2)-- 2 omit. 3 of s 162 (Notice to leave if tenant's employment ends) 4 Amendment Clause 73. Section 162(3), `award or agreement'-- 5 omit, insert-- 6 `industrial award or agreement or contract of employment'. 7 of s 163 (Notice to leave if tenant's entitlement to 8 Amendment supported accommodation ends) 9 Clause 74.(1) Section 163(1)-- 10 omit, insert-- 11 `163.(1) This section applies if-- 12 (a) the tenant's right of occupancy of the premises arises out of 13 approved supported accommodation; and 14 (b) the tenant ceases to be eligible-- 15 (i) to be provided with approved supported accommodation; or 16 (ii) to continue to occupy the particular premises.'. 17 (2) Section 163(3), `notice leave'-- 18 omit, insert-- 19 `notice to leave'. 20 of new s 163A 21 Insertion Clause 75. After section 163-- 22 insert-- 23 to leave if tenant's entitlement under affordable housing 24 `Notice scheme 25 `163A.(1) This section applies if-- 26

 


 

s 76 45 s 77 Residential Tenancies Amendment (a) the tenant occupies the premises under an affordable housing 1 scheme; and 2 (b) the tenant ceases to be eligible under the scheme-- 3 (i) to receive assistance; or 4 (ii) to continue to occupy the particular premises. 5 `(2) The lessor may give a notice to leave the premises to the tenant. 6 `(3) A notice to leave under this section is called a notice to leave for 7 "ending of housing assistance".'. 8 of s 164 (Tenant may dispute notice to leave) 9 Omission Clause 76. Section 164-- 10 omit. 11 of s 165 (Notice to leave without ground) 12 Amendment Clause 77. Section 165-- 13 insert-- 14 `(1A) However, the lessor must not give a notice to leave under this 15 section because-- 16 (a) the tenant has applied, or is proposing to apply, to a tribunal for 17 an order under this Act; or 18 (b) the tenant-- 19 (i) has complained to a government entity about an act or 20 omission of the lessor adversely affecting the tenant; or 21 (ii) has taken some other action to enforce the tenant's rights; or 22 (c) an order of a tribunal is in force in relation to the lessor and 23 tenant. 24 `(1B) Also, the lessor may not give a notice to leave under this section if 25 the giving of the notice constitutes taking retaliatory action against the 26 tenant.'. 27

 


 

s 78 46 s 80 Residential Tenancies Amendment of new s 165A 1 Insertion Clause 78. After section 165-- 2 insert-- 3 to tribunal about notice to leave without ground 4 `Application `165A.(1) This section applies if-- 5 (a) the tenant is given a notice to leave without ground; and 6 (b) the tenant reasonably believes the notice was given in 7 contravention of section 165. 8 `(2) The tenant may apply to a tribunal for an order to set aside the notice. 9 `(3) The application must be made within 4 weeks after the notice was 10 given. 11 `(4) On an application under this section, the tribunal may make the order 12 sought if it is satisfied the notice was given in contravention of 13 section 165.'. 14 of s 166 (Application for termination for failure to leave) 15 Amendment Clause 79. Section 166(3)-- 16 omit. 17 of new s 171A 18 Insertion Clause 80. After section 171-- 19 insert-- 20 for termination for repeated breaches 21 `Application `171A.(1) This section applies if-- 22 (a) the lessor gives 2 notices to remedy breach to the tenant for 23 breaches of a particular provision in relation to the agreement; and 24 (b) each notice relates to a separate breach of the particular provision; 25 and 26 (c) the tenant remedies each breach within the relevant allowed 27 remedy period; and 28

 


 

s 81 47 s 83 Residential Tenancies Amendment (d) the tenant commits a further breach of the particular provision 1 after the breaches mentioned in paragraph (a); and 2 (e) all breaches happen within the period prescribed under a 3 regulation for this section. 4 `(2) The lessor may apply to a tribunal for a termination order. 5 `(3) An application under this section is called an application made 6 because of "repeated breaches". 7 `(4) In this section-- 8 "provision" means-- 9 (a) section 102, 106, 107 or 108;8 or 10 (b) a provision of a section mentioned in paragraph (a); or 11 (c) a provision of an agreement providing for the payment of rent.'. 12 of s 173 (Notice to remedy lessor's breach) 13 Amendment Clause 81. Section 173-- 14 insert-- 15 `(2) This section does not apply to an agreement for a short tenancy 16 (moveable dwelling).'. 17 of s 174 (Lessor may dispute notice to remedy breach) 18 Omission Clause 82. Section 174-- 19 omit. 20 of s 180 (Lessor may dispute notice of intention to leave) 21 Omission Clause 83. Section 180-- 22 omit. 23 8 Sections 102 (Tenant's use of premises), 106 (Tenant's obligations generally), 107 (Tenant's obligations for facilities in moveable dwelling parks) and 108 (Tenant's obligation for moveable dwelling site)

 


 

s 84 48 s 84 Residential Tenancies Amendment of new s 186A 1 Insertion Clause 84. After section 186-- 2 insert-- 3 for termination for repeated breaches 4 `Application `186A.(1) This section applies if-- 5 (a) the tenant gives 2 notices to remedy breach to the lessor for 6 breaches of a particular provision in relation to the agreement;9 7 and 8 (b) each notice relates to a separate breach of the particular provision; 9 and 10 (c) the lessor remedies each breach within the relevant allowed 11 remedy period; and 12 (d) the lessor commits a further breach of the particular provision 13 after the breaches mentioned in paragraph (a); and 14 (e) all breaches happen within the period prescribed under a 15 regulation for this section. 16 `(2) The tenant may apply to a tribunal for a termination order. 17 `(3) An application under this section is called an application made 18 because of "repeated breaches". 19 `(4) In this section-- 20 "provision" means-- 21 (a) section 101, 103, 105 or 114; or 22 (b) a provision of a section mentioned in paragraph (a); or 23 (c) a provision of an agreement providing for the payment of rent.'. 24 9 Sections 101 (Quiet enjoyment), 103 (Lessor's obligations generally), 105 (Lessor's obligations for moveable dwelling site) and 114 (Unlawful entry of premises)

 


 

s 85 49 s 85 Residential Tenancies Amendment of new division and division heading 1 Insertion Clause 85. Chapter 4, part 4, before section 188-- 2 insert-- 3 1--Mortgagees 4 `Division about proposed action of mortgagee 5 `Notice `187A.(1) This section applies if-- 6 (a) residential premises are subject to a mortgage; and 7 (b) after the premises become subject to the mortgage, a residential 8 tenancy agreement is entered into for the premises; and 9 (c) the mortgagee under the mortgage does not consent to the 10 tenancy; and 11 (d) the mortgagee, or another person appointed under the mortgage 12 (the "appointed person"), has become entitled to obtain 13 possession of the premises. 14 `(2) The mortgagee must not obtain possession of the premises unless, at 15 least 4 weeks before obtaining possession, the mortgagee or the appointed 16 person gives the tenant written notice informing the tenant that possession is 17 to be obtained. 18 Maximum penalty--50 penalty units. 19 `(3) The appointed person must not obtain possession of the premises 20 unless, at least 4 weeks before obtaining possession, the appointed person 21 or mortgagee gives the tenant written notice informing the tenant that 22 possession is to be obtained. 23 Maximum penalty--50 penalty units. 24 `(4) In this section-- 25 "obtain" includes take. 26 of rent does not operate as consent 27 `Acceptance `187B.(1) This section applies if-- 28 (a) residential premises are subject to a mortgage; and 29

 


 

s 86 50 s 89 Residential Tenancies Amendment (b) after the premises becomes subject to the mortgage, a residential 1 tenancy agreement is entered into for the premises; and 2 (c) the mortgagee under the mortgage does not consent to the 3 tenancy. 4 `(2) If the mortgagee, or another person appointed under the mortgage, 5 makes a demand for, takes a proceeding for the recovery of, or accepts, rent 6 payable under the residential tenancy agreement, the mortgagee's or 7 person's action does not operate as a consent to the tenancy. 8 2--Other persons'. 9 `Division of s 192 (Notice to remedy breach) 10 Amendment Clause 86. Section 192(3)-- 11 omit. 12 of s 193 (Notice to leave) 13 Amendment Clause 87. Section 193(2)(c) 14 omit. 15 of s 195 (Dispute notice) 16 Omission Clause 88. Section 195-- 17 omit. 18 of s 196 (Allowed remedy period) 19 Amendment Clause 89. Section 196(2), `premises are moveable dwelling premises'-- 20 omit, insert-- 21 `agreement is an agreement for a long tenancy (moveable dwelling)'. 22

 


 

s 90 51 s 90 Residential Tenancies Amendment of s 197 (Handover day for notice to leave (premises 1 Amendment generally)) 2 Clause 90.(1) Section 197, heading, `(premises generally)'-- 3 omit, insert-- 4 `for premises that are not moveable dwelling premises'. 5 (2) Section 197, words before paragraph (a)-- 6 omit, insert-- 7 `197.(1) This section applies only to notices to leave given for premises 8 that are not moveable dwelling premises. 9 `(2) The handover day for a notice to leave given by the lessor must not 10 be earlier than--'. 11 (3) Section 197(a)-- 12 omit, insert-- 13 `(a) if the notice is given because of an unremedied breach and the 14 breach is a failure to pay rent--7 days after the notice is given; or 15 (aa) if the notice is given because of an unremedied breach and the 16 notice is not a notice to which paragraph (a) applies--14 days 17 after the notice is given; or'. 18 (4) Section 197(e) and (f), `and the tenancy is not a short tenancy 19 (moveable dwelling)'-- 20 omit. 21 (5) Section 197(g), `2 months'-- 22 omit, insert-- 23 `4 weeks'. 24 (6) Section 197-- 25 insert-- 26 `(ga)if the notice is given because of ending of housing 27 assistance--2 months after the notice is given; or'. 28

 


 

s 91 52 s 91 Residential Tenancies Amendment (7) Section 197(h), `and the tenancy is not a short tenancy (moveable 1 dwelling)'-- 2 omit. 3 of s 198 (Handover day for notice to leave (moveable 4 Replacement dwelling premises)) 5 Clause 91. Section 198-- 6 omit, insert-- 7 day for notice to leave for moveable dwelling premises 8 `Handover `198.(1) This section applies only to notices to leave given for moveable 9 dwelling premises. 10 `(2) If the tenancy is not a short tenancy (moveable dwelling), the 11 handover day for a notice to leave given by the lessor must not be earlier 12 than-- 13 (a) if the notice is given because of an unremedied breach--2 days 14 after the notice is given; or 15 (b) if the notice is given because of non-compliance (tribunal 16 order)--7 days after the notice is given; or 17 (c) if the notice is given because of non-compliance (moveable 18 dwelling relocation)--2 days after the notice is given; or 19 (d) if the notice is given because of non-livability--the day the notice 20 is given; or 21 (e) if the notice is given because of compulsory 22 acquisition--2 months after the notice is given; or 23 (f) if the notice is given because of a sale contract--4 weeks after the 24 notice is given; or 25 (g) if the notice is given because of a voluntary park 26 closure--2 months after the notice is given; or 27 (h) if the notice is given because of a compulsory park closure--the 28 day the notice is given; or 29 (i) if the notice is given because of employment 30 termination--4 weeks after the notice is given; or 31

 


 

s 92 53 s 92 Residential Tenancies Amendment (j) if the notice is given because of ending of accommodation 1 assistance--4 weeks after the notice is given; or 2 (k) if the notice is given because of ending of housing 3 assistance--2 months after the notice is given; or 4 (l) if the notice is given without ground for a periodic 5 agreement--2 months after the notice is given; or 6 (m) if the notice is given without ground for a fixed term 7 agreement--the later of-- 8 (i) 14 days after the notice is given; or 9 (ii) the day the term of the agreement ends. 10 `(3) If the tenancy is a short tenancy (moveable dwelling), the handover 11 day for a notice to leave given by the lessor must not be earlier than-- 12 (a) if neither paragraph (b) nor paragraph (c) applies--2 days after 13 the notice is given; or 14 (b) if the notice is given because of non-livability--the day the notice 15 is given; or 16 (c) if the notice is given because of compulsory park closure--the 17 day the notice is given.'. 18 of s 199 (Handover day for notice of intention to leave 19 Amendment (premises generally)) 20 Clause 92.(1) Section 199, heading, `(premises generally)'-- 21 omit, insert-- 22 `for premises that are not moveable dwelling premises'. 23 (2) Section 199, words before paragraph (a)-- 24 omit, insert-- 25 `199.(1) This section applies only to notices of intention to leave given 26 for premises that are not moveable dwelling premises. 27 `(2) The handover day for a notice of intention to leave given by the 28 tenant must not be earlier than--'. 29 (3) Section 199(a), `and the tenancy is not a short tenancy (moveable 30

 


 

s 93 54 s 93 Residential Tenancies Amendment dwelling)'-- 1 omit. 2 (4) Section 199(d), `2 months'-- 3 omit, insert-- 4 `3 weeks'. 5 (5) Section 199(e)-- 6 omit, insert-- 7 `(e) if the notice is given without ground for a periodic 8 agreement--3 weeks after the notice is given; or'. 9 of s 200 (Handover day for notice of intention to leave 10 Replacement (moveable dwelling premises)) 11 Clause 93. Section 200-- 12 omit, insert-- 13 day for notice of intention to leave for moveable dwelling 14 `Handover premises 15 `200.(1) This section applies only to notices of intention to leave given 16 for moveable dwelling premises. 17 `(2) If the tenancy is not a short tenancy (moveable dwelling) the 18 handover day for a notice of intention to leave must not be earlier than-- 19 (a) if the notice is given because of an unremedied breach--2 days 20 after the notice is given; or 21 (b) if the notice is given because of non-compliance (tribunal 22 order)--7 days after the notice is given; or 23 (c) if the notice is given because of non-livability--the day the notice 24 is given; or 25 (d) if the notice is given because of compulsory 26 acquisition--3 weeks after the notice is given; or 27 (e) if the notice is given without ground for a periodic 28 agreement--3 weeks after the notice is given; or 29

 


 

s 94 55 s 95 Residential Tenancies Amendment (f) if the notice is given without ground for a fixed term 1 agreement--the later of-- 2 (i) 14 days after the notice is given; or 3 (ii) the day the term of the agreement ends. 4 `(3) If the tenancy is a short tenancy (moveable dwelling), the handover 5 day for a notice of intention to leave must not be earlier than-- 6 (a) if paragraph (b) does not apply--1 day after the notice is given; or 7 (b) if the notice is given because of non-livability--the day the notice 8 is given.'. 9 of new s 200A 10 Insertion Clause 94. After section 200-- 11 insert-- 12 notice to leave for unremedied breach 13 `Withdrawing `200A.(1) The lessor may withdraw a notice to leave for an unremedied 14 breach given by the lessor if the tenant remedies the breach. 15 `(2) The withdrawal-- 16 (a) must be made before the handover day; and 17 (b) must be made by written notice given to the tenant; and 18 (c) may be made only with the tenant's written agreement. 19 `(3) On the withdrawal of a notice to leave under this section, the tenancy 20 continues as if the notice to leave had not been given.'. 21 of s 202 (Applications for termination orders) 22 Amendment Clause 95.(1) Section 202(1), at the end-- 23 insert-- 24 `· incompatibility 25 · repeated breaches.'. 26

 


 

s 96 56 s 98 Residential Tenancies Amendment (2) Section 202(2), at the end-- 1 insert-- 2 `· incompatibility 3 · repeated breaches.'. 4 of s 204 (Failure to leave for unremedied breach) 5 Amendment Clause 96.(1) Section 204(2), after `if it'-- 6 insert-- 7 `is satisfied'. 8 (2) Section 204(2)(a), `is satisfied'-- 9 omit. 10 of s 213 (Incompatibility) 11 Amendment Clause 97. Section 213, `on the ground'-- 12 omit. 13 of new s 213A 14 Insertion Clause 98. After section 213-- 15 insert-- 16 breaches 17 `Repeated `213A.(1) If an application is made to a tribunal for a termination order 18 because of repeated breaches, the tribunal may make the order if it is 19 satisfied-- 20 (a) the applicant has established the ground of the application; and 21 (b) the person in relation to whom the order is sought committed 22 each breach stated in the 2 notices to remedy breach on which the 23 application is based. 24 `(2) In deciding the application, the tribunal must have regard to the 25 following-- 26

 


 

s 99 57 s 100 Residential Tenancies Amendment (a) the seriousness of each breach associated with the application, 1 having regard to the extent of any inconvenience or financial or 2 other disadvantage suffered by the applicant; 3 (b) the period for which the tenancy has been in existence; 4 (c) the period in which the breaches were committed; 5 (d) for a fixed term agreement--the remaining period of the tenancy; 6 (e) anything else the tribunal considers relevant.'. 7 of s 214 (Interim order about damage or injury) 8 Amendment Clause 99. Section 214, from `the tribunal may'-- 9 omit, insert-- 10 `the tribunal-- 11 (a) may make the order if it is satisfied it is appropriate to make the 12 order; and 13 (b) for supporting the order, may make an order restraining the party 14 from entering premises.'. 15 of s 217 (Warrant of possession) 16 Amendment Clause 100.(1) Section 217(1)(d)-- 17 omit, insert-- 18 `(d) state the day the warrant ends.'. 19 (2) Section 217-- 20 insert-- 21 `(2A) If the registrar can not comply with subsection (2) after reasonable 22 efforts (whether before or after the warrant is executed), the validity of the 23 warrant is not affected merely because of the noncompliance.'. 24 (3) Section 217(3)-- 25 omit, insert-- 26 `(3) A warrant of possession takes effect on the day stated in the warrant 27 for it to take effect and ends-- 28

 


 

s 101 58 s 101 Residential Tenancies Amendment (a) if paragraph (b) does not apply--14 days after it takes effect; or 1 (b) if the tribunal is satisfied that, because of special circumstances, 2 the warrant should continue until a later day stated in the 3 warrant--on the later day. 4 5 Examples of special circumstances under subsection (3)(b)-- 6 1. Natural disasters, including floods, affecting the area in which the premises are 7 located. 8 2. The remoteness of the premises. `(4) However, the day on which the warrant takes effect must not be later 9 than 3 business days after it is issued. 10 `(5) If a warrant of possession (the "original warrant") is lost or 11 destroyed before it ends, the registrar may issue a copy of the warrant. 12 `(6) A copy of a warrant issued under subsection (5)-- 13 (a) has effect as if it were the original warrant; and 14 (b) is taken to have been issued when the original warrant was 15 issued; and 16 (c) ends when the original warrant ends.'. 17 of s 221 (Termination of agreement by lessor if premises 18 Amendment abandoned) 19 Clause 101.(1) Section 221(4) and (5)-- 20 omit, insert-- 21 `(4) If the tenant does not take action under section 221A about the notice 22 within 7 days after receiving the notice, the tenant is taken to have 23 abandoned the premises. 24 `(5) For subsection (1), reasonable grounds include the following-- 25 (a) a failure of the tenant to pay rent under the agreement; 26 (b) the presence at the premises of uncollected mail, newspapers or 27 other material; 28 (c) reports from neighbours of the tenant or from other persons 29 indicating the tenant has abandoned the premises; 30

 


 

s 102 59 s 102 Residential Tenancies Amendment (d) the absence of household goods at the premises; 1 (e) the disconnection of services (including gas, electricity and 2 telephone) to the premises; 3 (f) a failure of the tenant to respond to an entry notice.'. 4 of new s 221A 5 Insertion Clause 102. After section 221-- 6 insert-- 7 about abandonment termination notice 8 `Dispute `221A.(1) If the tenant disputes an abandonment termination notice, the 9 tenant may apply to a tribunal for an order-- 10 (a) setting aside the notice; or 11 (b) for compensation. 12 `(2) The application must be made within 28 days after the notice is 13 given. 14 `(3) On an application under this section, the tribunal may-- 15 (a) if the application was made within 7 days after the notice was 16 given--make an order setting aside the notice; or 17 (b) if paragraph (a) does not apply--make any of the following 18 orders-- 19 (i) an order terminating the agreement; 20 (ii) an order requiring the lessor to pay to the tenant the amount 21 stated by the tribunal as compensation for loss or expense 22 incurred by the tenant because of the termination of the 23 agreement; 24 (iii) any other order it considers appropriate.'. 25

 


 

s 103 60 s 104 Residential Tenancies Amendment of s 222 (Order about abandonment) 1 Amendment Clause 103.(1) Section 222(1), `declaring' to `premises'-- 2 omit, insert-- 3 `under this section'. 4 (2) Section 222(5)-- 5 omit, insert-- 6 `(5) If the tribunal or registrar makes an order under subsection (4), the 7 tenant is taken to have abandoned the premises on the day stated in the 8 order.10 9 `(6) In deciding whether to make the order, the tribunal or registrar may 10 have regard to the following-- 11 (a) a failure of the tenant to pay rent under the agreement; 12 (b) any presence at the premises of uncollected mail, newspapers or 13 other material; 14 (c) any reports from neighbours of the tenant or from other persons 15 indicating the tenant has abandoned the premises; 16 (d) any disconnection of services (including gas, electricity and 17 telephone) to the premises; 18 (e) any absence from the premises of household goods; 19 (f) a failure of the tenant to respond to an entry notice for the 20 premises; 21 (g) anything else the tribunal or registrar considers relevant.'. 22 mission of s 223 (Abandoned goods) 23 O Clause 104. Section 223-- 24 omit. 25 10 Under section 228 (Review of abandonment order) a former tenant may apply to a tribunal for a review of a decision of a registrar or tribunal declaring the person abandoned premises on a stated day.

 


 

s 105 61 s 110 Residential Tenancies Amendment of s 224 (Abandoned documents) 1 Omission Clause 105. Section 224-- 2 omit. 3 of s 226 (Compensation on abandonment termination 4 Amendment notice) 5 Clause 106. Section 226(2), `or registrar'-- 6 omit. 7 of s 227 (Compensation on termination by tribunal or 8 Amendment registrar) 9 Clause 107.(1) Section 227, heading, `or registrar'-- 10 omit. 11 (2) Section 227, `or registrar also'-- 12 omit. 13 of s 228 (Review of abandonment order) 14 Amendment Clause 108. Section 228(2), `14'-- 15 omit, insert-- 16 `28'. 17 mission of s 229 (Abandoned goods) 18 O Clause 109. Section 229-- 19 omit. 20 of new ch 4, pt 10 21 Insertion Clause 110. Chapter 4, after section 230-- 22 insert-- 23

 


 

s 110 62 s 110 Residential Tenancies Amendment ART 10--GOODS AND DOCUMENTS LEFT 1 `P BEHIND ON PREMISES 2 left on premises 3 `Goods `230A.(1) This section applies if-- 4 (a) an agreement is terminated; and 5 (b) goods that are not personal documents or money are left on the 6 premises. 7 `(2) The person who was the lessor (the "former lessor") may sell the 8 goods, or dispose of them in another way, if the former lessor believes on 9 reasonable grounds that-- 10 (a) the value of the goods is less than the amount prescribed under a 11 regulation; or 12 (b) storage of the goods-- 13 (i) would be unhealthy or unsafe; or 14 (ii) would cause the market value of the goods to be completely 15 or substantially depreciated; or 16 (c) the cost of removing, storing and selling the goods would be 17 more than the proceeds of sale of the goods. 18 `(3) If subsection (2) does not apply, the former lessor must store the 19 goods safely for the period prescribed under a regulation (the "storage 20 period"). 21 `(4) If, at the end of the storage period, the goods have not been 22 reclaimed, the former lessor may-- 23 (a) sell the goods by auction; or 24 (b) if, on an application made to a tribunal by the former lessor, the 25 tribunal makes an order authorising the sale or disposal of the 26 goods--sell or dispose of the goods under the order. 27 `(5) For subsection (4)(a), if procedures for selling goods by auction are 28 prescribed under a regulation, the former lessor must sell the goods under 29 the procedures. 30

 


 

s 110 63 s 110 Residential Tenancies Amendment `(6) The former lessor must not sell or dispose of the goods except as 1 provided under subsections (2), (4) and (5), unless the former lessor has a 2 reasonable excuse. 3 Maximum penalty--40 penalty units. 4 `(7) If, before the goods are disposed of, the person entitled to the goods 5 (the "owner") claims possession of them by written notice given to the 6 former lessor, the former lessor must let the owner reclaim possession of 7 the goods on paying the reasonable removal and storage costs to the former 8 lessor. 9 Maximum penalty--40 penalty units. 10 `(8) If the former lessor sells the goods, the former lessor-- 11 (a) may keep out of the proceeds of the sale the reasonable costs of 12 removing, storing and selling the goods; and 13 (b) must pay any balance to the public trustee within 10 days after the 14 sale. 15 `(9) The public trustee must pay the balance into the Unclaimed Moneys 16 Fund (the "fund") kept under the Public Trustee Act 1978. 17 `(10) If, on application made to a tribunal by the former lessor, the 18 tribunal is satisfied an amount (the "owed amount") is owed to the former 19 lessor by the tenant under the agreement, the tribunal may make an order 20 conferring on the lessor an entitlement to receive an amount in the fund 21 (the "fund amount") that is equal to the smaller of the following 22 amounts-- 23 (a) the owed amount; 24 (b) the balance paid to the public trustee under subsection (8). 25 `(11) The former lessor does not incur any liability for removing, selling 26 or disposing of the goods if the former lessor acts under this section 27 without negligence. 28 `(12) A person who acquires the goods (whether as purchaser or in 29 another way) acquires a good title to the goods, and the interest of anyone 30 else in the goods ends, unless the person acquiring the goods did not act 31 honestly. 32

 


 

s 110 64 s 110 Residential Tenancies Amendment left on premises 1 `Documents `230B.(1) This section applies if-- 2 (a) an agreement is terminated; and 3 (b) a document is left at the premises. 4 `(2) The person who was the lessor must, within the required period-- 5 (a) if the person knows the former tenant is the owner of the 6 document--give the document to the former tenant; or 7 (b) if the person knows the former tenant is not the owner of the 8 document and knows who the owner of the document is--give 9 the document to the owner; or 10 (c) if neither paragraph (a) nor paragraph (b) applies--give the 11 document to the public trustee. 12 Maximum penalty--10 penalty units. 13 `(3) Despite subsection (2)(a) and (b), if the person does not know where 14 the former tenant or owner is, the person must, within the required period, 15 give the document to the public trustee. 16 Maximum penalty--10 penalty units. 17 `(4) Money given to the public trustee under subsection (3) must be dealt 18 with under the Public Trustee Act 1978 as unclaimed moneys. 19 `(5) A personal document given to the public trustee under 20 subsection (3)-- 21 (a) must be retained by the public trustee for at least 6 months, unless 22 reclaimed by the owner; and 23 (b) at the end of the 6 months, may be disposed of by the public 24 trustee in any way the public trustee considers appropriate. 25 `(6) In this section-- 26 "document" means a personal document or money. 27 "required period" means the period ending 7 days after the first of the 28 following to happen-- 29 (a) the agreement is terminated; 30 (b) the person finds the document. 31

 


 

s 111 65 s 112 Residential Tenancies Amendment about abandoned goods 1 `Application `230C.(1) This section applies if an interested person is dissatisfied with 2 the way a former lessor dealt with, or is dealing with, goods left on 3 premises after a residential tenancy agreement for the premises was 4 terminated. 5 `(2) The interested person may apply to a tribunal for an order under this 6 section. 7 `(3) On an application under this section, the tribunal may-- 8 (a) make an order requiring the former lessor to pay to the interested 9 person an amount it considers appropriate as compensation for 10 any loss or expense incurred by the interested person because of 11 the former lessor's action in dealing with the goods; or 12 (b) make any other order it considers appropriate. 13 `(4) In this section-- 14 "interested person" means-- 15 (a) the former tenant under an agreement; or 16 (b) a person, other than the former tenant under an agreement, who is 17 the owner of goods left on premises to which a residential 18 tenancy agreement applied.'. 19 of headings 20 Replacement Clause 111. Chapter 5, part 1 heading and part 1, division 1 heading-- 21 omit, insert-- 22 `PART 1--CONCILIATION OF TENANCY DISPUTES 23 `Division 1--Requirement for conciliation'. 24 of s 231 (Meaning of "urgent application") 25 Replacement Clause 112. Section 231-- 26 omit, insert-- 27

 


 

s 112 66 s 112 Residential Tenancies Amendment of "urgent application" 1 `Meaning `231.(1) An application to a tribunal is an "urgent application" if it is 2 an application for a termination order made because of-- 3 (a) a failure to leave; or 4 (b) a failure to leave as intended; or 5 (c) excessive hardship; or 6 (d) damage; or 7 (e) injury; or 8 (f) objectionable behaviour; or 9 (g) repeated breaches. 10 `(2) An application to a tribunal is an "urgent application" if it is an 11 application for a termination order for moveable dwelling premises in a 12 moveable dwelling park to which a short tenancy (moveable dwelling) 13 applies. 14 `(3) An application to a tribunal is an "urgent application" if-- 15 (a) it is an application made under section 132A; and 16 (b) the notice to relocate on which the application is based was given 17 because of an emergency or for health or safety reasons. 18 `(4) An application to a tribunal is an "urgent application" if-- 19 (a) it is an application for an order to restrain a person from causing 20 damage or injury; and 21 (b) the applicant also has made, or makes, an application for a 22 termination order on the ground of damage or injury. 23 `(5) An application to a tribunal is an "urgent application" if it is made 24 under any of the following sections-- 25 · section 104A (Orders of tribunal) 26 · section 128 (Orders of tribunal about emergency repairs) 27 · section 138 (Application to tribunal about proposal) 28 · section 150 (Injury to spouse) 29 · section 150A (Injury or damage affecting occupants) 30

 


 

s 113 67 s 113 Residential Tenancies Amendment · section 165A (Application to tribunal about notice to leave 1 without ground) 2 · section 221A (Dispute about abandonment termination notice) 3 · section 225 (Tenant remaining in possession) 4 · section 226 (Compensation on abandonment termination notice) 5 · section 228 (Review of abandonment order) 6 · section 230A (Goods left on premises) 7 · section 230C (Application about abandoned goods) 8 · section 248 (Application of Act to agreements) 9 · section 283 (Application to tribunal for order to exclude person 10 from park).'. 11 of s 232 (Applications to tribunal) 12 Amendment Clause 113.(1) Section 232(1)(a) and (b), `mediation'-- 13 omit, insert-- 14 `conciliation'. 15 (2) Section 232(1)(a) and (b), `mediated'-- 16 omit, insert-- 17 `conciliated'. 18 (3) Section 232(1)(c)-- 19 omit. 20

 


 

s 114 68 s 114 Residential Tenancies Amendment of new ch 5, pt 1, div 1A 1 Insertion Clause 114. Chapter 5, part 1, after section 232-- 2 insert-- 3 1A--Conciliation 4 `Division process 5 `Conciliation `232A.(1) A "conciliation process" is a process of conciliation under 6 which the parties are helped and encouraged to achieve a resolution of their 7 dispute. 8 `(2) In division 5,11 a "conciliation process" includes all the steps 9 involved in the process of conciliation, including, for example-- 10 (a) telephone conferencing; and 11 (b) joint sessions; and 12 (c) private sessions; and 13 (d) another step prescribed under a regulation. 14 matters not suitable for conciliation 15 `Some `232B.(1) The authority may refuse to provide a conciliation service to 16 parties to a dispute about an agreement if the authority considers the dispute 17 is unsuitable for conciliation. 18 `(2) The authority must publish guidelines about matters to be taken into 19 account when deciding whether a dispute is unsuitable for conciliation. 20 of conciliators 21 `Functions `232C. The functions of a conciliator are-- 22 (a) to encourage the settlement of a tenancy dispute by facilitating, 23 and helping to conduct, negotiations between parties to the 24 dispute; and 25 11 Division 5 (Confidentiality, privilege and immunity)

 


 

s 115 69 s 116 Residential Tenancies Amendment (b) to promote the open exchange of information relevant to the 1 dispute by the parties; and 2 (c) to provide to the parties information about the operation of this 3 Act relevant to a settlement of the dispute; and 4 (d) to help in the settlement of the dispute in any other appropriate 5 way. 6 7 Examples of facilitating and helping conduct negotiations-- 8 1. Facilitating telephone conferencing. 9 2. Interviewing the parties, together or separately.'. of ch 5, pt 1, div 2 hdg (Starting the mediation process) 10 Amendment Clause 115. Chapter 5, part 1, division 2, heading, `mediation'-- 11 omit, insert-- 12 `conciliation'. 13 of s 233 (Giving of notice of mediation) 14 Replacement Clause 116.(1) Section 233-- 15 omit, insert-- 16 dispute resolution request 17 `Making `233.(1) This section applies if an application about an issue may be 18 made to a tribunal by the lessor or tenant only if a conciliated resolution is 19 not reached about the issue. 20 `(2) The lessor or tenant may make a request (a "dispute resolution 21 request") to the authority asking it to try to resolve the issue in dispute 22 (the "tenancy dispute"). 23 `(3) The party making the dispute resolution request must give a copy of 24 the request to each other party to the tenancy dispute. 25 `(4) The dispute resolution request must be in the approved form.'. 26

 


 

s 117 70 s 119 Residential Tenancies Amendment of s 234 (Reference to making of tribunal application 1 Amendment includes giving of mediation notice) 2 Clause 117.(1) Section 234, heading, `giving of mediation notice'-- 3 omit, insert-- 4 `making of dispute resolution request'. 5 (2) Section 234(2), `the giving of a mediation notice'-- 6 omit, insert-- 7 `the making of a dispute resolution request12'. 8 of s 235 (Action to be taken on mediation notice) 9 Replacement Clause 118. Section 235-- 10 omit, insert-- 11 to be taken on dispute resolution request 12 `Action `235.(1) As soon as practicable after a dispute resolution request is made 13 to the authority, the authority must start a conciliation process for the parties 14 to the tenancy dispute. 15 `(2) However, if the authority considers the tenancy dispute is not 16 suitable for conciliation, it may give written notice to the parties that the 17 dispute is not suitable for conciliation.'. 18 of ch 5, pt 1, div 3 hdg (Conduct of mediation 19 Amendment conference) 20 Clause 119. Chapter 5, part 1, division 3, heading, `mediation conference'-- 21 omit, insert-- 22 `conciliation process'. 23 12 Section 249 (Applications about breach of agreements) provides for the time in which the lessor or tenant may apply to the tribunal for an order about a breach of the agreement.

 


 

s 120 71 s 123 Residential Tenancies Amendment of s 236 (Mediation fee) 1 Replacement Clause 120. Section 236-- 2 omit, insert-- 3 fee 4 `Conciliation `236.(1) This section applies if a conciliation fee is prescribed under a 5 regulation. 6 `(2) If a dispute resolution request is made, the conciliator may start the 7 conciliation process only if the prescribed fee has been paid to the authority 8 by the person who made the dispute resolution request. 9 `(3) However, the authority may waive the fee if it is satisfied in all the 10 circumstances it would be unreasonable to impose a fee.'. 11 of s 237 (Limited right of representation) 12 Amendment Clause 121.(1) Section 237, `At the mediation conference'-- 13 omit, insert-- 14 `During the conciliation process'. 15 (2) Section 237(b)(ii), `mediator'-- 16 omit, insert-- 17 `conciliator'. 18 of s 238 (Conference to be held in private) 19 Omission Clause 122. Section 238-- 20 omit. 21 of s 239 (Parties attendance at conference not 22 Replacement compellable) 23 Clause 123. Section 239-- 24 omit, insert-- 25

 


 

s 124 72 s 126 Residential Tenancies Amendment participation in conciliation process not compellable 1 `Parties' `239.(1) A party to the tenancy dispute can not be compelled to 2 participate in the conciliation process. 3 `(2) A party may withdraw from the process at any time. 4 `(3) The conciliation process may be ended at any time by the 5 conciliator.'. 6 of s 240 (Parties to mediation conference) 7 Amendment Clause 124.(1) Section 240, heading, `mediation conference'-- 8 omit, insert-- 9 `conciliation process'. 10 (2) Section 240(1)-- 11 omit, insert-- 12 `240.(1) A person who is not a party to the tenancy dispute may take part 13 in the conciliation process if the authority or conciliator is satisfied the 14 person has a sufficient interest in the resolution of the dispute.'. 15 of s 241 (Mediation agreements) 16 Amendment Clause 125.(1) Section 241, heading, `Mediation'-- 17 omit, insert-- 18 `Conciliation'. 19 (2) Section 241(3)-- 20 omit. 21 of s 242 (No record of mediation conference) 22 Replacement Clause 126. Section 242-- 23 omit, insert-- 24 record of conciliation process 25 `No `242.(1) A person must not make a record of anything said during the 26

 


 

s 127 73 s 128 Residential Tenancies Amendment conciliation process. 1 Maximum penalty--20 penalty units. 2 `(2) However, the conciliator may make notes of the conciliation process 3 the conciliator considers appropriate. 4 `(3) The conciliator may destroy the notes after the conciliation process 5 ends.'. 6 of ch 5, pt 1, div 4 (Administration) 7 Replacement Clause 127. Chapter 5, part 1, division 4-- 8 omit, insert-- 9 4--Withdrawal of disputes 10 `Division of disputes 11 `Withdrawal `244.(1) A person may, by written notice given to the authority, 12 withdraw a dispute resolution request made by the person. 13 `(2) The notice may be given before or after a conciliator starts the 14 conciliation process for the tenancy dispute.'. 15 of s 245 (Mediators to maintain secrecy) 16 Replacement Clause 128. Section 245-- 17 omit, insert-- 18 to maintain secrecy 19 `Conciliators `245.(1) A conciliator involved in a conciliation process must not 20 disclose information coming to the conciliator's knowledge during the 21 conciliation process. 22 Maximum penalty--20 penalty units. 23 `(2) However, a conciliator may disclose information-- 24 (a) with the agreement of all parties to the tenancy dispute; or 25 (b) for statistical purposes without revealing the identity of any 26 person about whom the information is relevant; or 27

 


 

s 129 74 s 130 Residential Tenancies Amendment (c) for an inquiry or proceeding about an offence or other misconduct 1 that happens during the conciliation process; or 2 (d) if the information is about injury or the threat of injury to any 3 person; or 4 (e) under a requirement under this or another Act. 5 to maintain secrecy 6 `Authority `245A. The authority must not use information disclosed during a 7 conciliation process and to which it has access for any inquiry it conducts.'. 8 of s 246 (Ordinary protection and immunity allowed) 9 Amendment Clause 129.(1) Section 246(1), `A mediator' to `mediator's'-- 10 omit, insert-- 11 `A conciliator has, in performing the conciliator's'. 12 (2) Section 246(2), `at a mediation conference'-- 13 omit, insert-- 14 `during the conciliation process'. 15 (3) Section 246(3), `at, or used for, a mediation conference'-- 16 omit, insert-- 17 `during, or used for, a conciliation process'. 18 of s 247 (Admissions made during mediation conference) 19 Replacement Clause 130. Section 247-- 20 omit, insert-- 21 made in conciliation process 22 `Admissions `247.(1) Evidence of anything done or said, or an admission made, 23 during the conciliation process for a tenancy dispute is inadmissible-- 24 (a) at the hearing before a tribunal of an application relating to an 25 issue to which the conciliation process relates; or 26

 


 

s 131 75 s 132 Residential Tenancies Amendment (b) in another proceeding before a court or elsewhere. 1 `(2) In subsection (1)-- 2 "proceeding" does not include a civil proceeding founded on fraud alleged 3 to be connected with, or to have happened during, the conciliation 4 process.'. 5 of s 249 (Applications about breach of agreements) 6 Amendment Clause 131.(1) Section 249(2), `1 month'-- 7 omit, insert-- 8 `6 months'. 9 (2) Section 249(3)-- 10 insert-- 11 `(c) whether or not a rental bond for the agreement is held by the 12 authority when the application is made.'. 13 of s 250 (Orders about breach of agreements) 14 Amendment Clause 132. Section 250-- 15 insert-- 16 `(3) Without limiting subsection (1), in making an order for 17 compensation in favour of a lessor, a tribunal must have regard to the 18 following-- 19 (a) rent required to be paid but not paid for the period starting when 20 the agreement is terminated because of the tenant's action and 21 ending-- 22 (i) when the period fixed as the term of the tenancy ends; or 23 (ii) if the premises are relet before the end of the period 24 mentioned in subparagraph (i)--when the premises are relet; 25 (b) advertising expenses incurred by the lessor for reletting the 26 premises; 27 (c) other expenses incurred by the lessor for work carried out by 28 the lessor for reletting the premises; 29

 


 

s 133 76 s 135 Residential Tenancies Amendment (d) whether the lessor has met the lessor's duty under section 230 to 1 mitigate loss or expense.'. 2 of s 253 (Disputes about tenants' notices) 3 Amendment Clause 133. Section 253-- 4 insert-- 5 `(5) This section does not apply to a notice of intention to leave without 6 ground.'. 7 of new s 253A 8 Insertion Clause 134. After section 253-- 9 insert-- 10 about lessors' notices 11 `Disputes `253A.(1) If a tenant disputes the ground stated in a notice to remedy 12 breach or a notice to leave premises given to the tenant by the lessor under 13 an agreement, the tenant may apply to a tribunal for an order about the 14 notice. 15 `(2) If the tribunal is satisfied the lessor was not entitled to give the notice 16 on the ground stated, it may make an order under this section. 17 `(3) If the tribunal decides the application before the agreement is 18 terminated, it may make any order it considers appropriate. 19 `(4) If the tribunal decides the application after the agreement is 20 terminated because of the lessor's action, it may make an order requiring 21 the lessor to pay to the tenant an amount it considers appropriate as 22 compensation for any loss or expense incurred by the tenant for having to 23 leave the premises. 24 `(5) This section does not apply to a notice to leave without ground.'. 25 of s 267 (Authorised person's general powers for places) 26 Amendment Clause 135. Section 267(1)-- 27 insert-- 28

 


 

s 136 77 s 136 Residential Tenancies Amendment `(ca) seize a document at the place if the authorised person reasonably 1 believes the document is evidence of an offence against this Act 2 and the seizure is necessary to prevent the document-- 3 (i) being hidden, lost or destroyed; or 4 (ii) being used to commit, continue or repeat the offence; or'. 5 of new ss 267A and 267B 6 Insertion Clause 136. Chapter 6, part 3, before section 268-- 7 insert-- 8 after document seized 9 `Procedure `267A.(1) As soon as practicable after a document is seized by an 10 authorised person under section 267, the authorised person must give a 11 receipt for it to the person from whom it was seized. 12 `(2) Until the document is returned, the authorised person must allow a 13 person who would be entitled to the seized document if it were not in the 14 authorised person's possession to copy it. 15 `(3) The authorised person must return the seized document to the 16 person-- 17 (a) at the end of 1 year; or 18 (b) if a proceeding for an offence involving it is started within 19 1 year--at the end of the proceeding and any appeal from the 20 proceeding. 21 `(4) Despite subsection (3), the authorised person must return the seized 22 document to the person if the authorised person-- 23 (a) stops being satisfied its continued retention as evidence is 24 necessary; and 25 (b) is satisfied its return is not likely to result in its use in repeating 26 the offence. 27 to require information from certain persons 28 `Power `267B.(1) This section applies if an authorised person suspects, on 29

 


 

s 137 78 s 137 Residential Tenancies Amendment reasonable grounds, that-- 1 (a) an offence against this Act has been committed; and 2 (b) a person (the "nominated person") may be able to give 3 information about the offence. 4 `(2) The authorised person may, by written notice given to the nominated 5 person, require the nominated person to give information about the offence 6 to the authorised person at a reasonable time and place stated in the notice. 7 `(3) When making the requirement, the authorised person must warn the 8 nominated person it is an offence to fail to give the information, unless the 9 person has a reasonable excuse. 10 `(4) The nominated person must comply with the requirement, unless the 11 person has a reasonable excuse. 12 Maximum penalty--10 penalty units. 13 `(5) It is a reasonable excuse for the nominated person to fail to give 14 information if giving the information might tend to incriminate the person. 15 `(6) The nominated person does not commit an offence against this 16 section if-- 17 (a) the information sought by the authorised person is not in fact 18 relevant to the offence; or 19 (b) an offence is not proved to have been committed.'. 20 of s 278 (Behaviour in moveable dwelling park causing 21 Amendment serious nuisance) 22 Clause 137.(1) Section 278, `of'-- 23 omit, insert-- 24 `of, or anyone else in,'. 25 (2) Section 278, examples 1 to 6, after `resident'-- 26 insert-- 27 `or someone else'. 28

 


 

s 138 79 s 141 Residential Tenancies Amendment of s 289 (Authority's functions) 1 Amendment Clause 138. Section 289(g)-- 2 omit, insert-- 3 `(g) to provide a conciliation service to parties to disputes about 4 agreements; and'. 5 of s 294 (Composition of board) 6 Amendment Clause 139. Section 294-- 7 insert-- 8 `(1A) The members must include representatives of industry and 9 consumer organisations.'. 10 of new s 314A 11 Insertion Clause 140. Chapter 9, part 1, after section 314-- 12 insert-- 13 on time for starting proceedings 14 `Limitation `314A. A proceeding for an offence against this Act by way of summary 15 proceeding under the Justices Act 1886 may start at any time but, if started 16 more than 1 year after the commission of the offence, must start within 17 6 months after the offence comes to the complainant's knowledge.'. 18 of s 320 (Forms) 19 Amendment Clause 141. Section 320, `chief executive'-- 20 omit, insert-- 21 `chief executive officer'. 22

 


 

s 142 80 s 142 Residential Tenancies Amendment of ch 11 (Transitional, repeals and amendments) 1 Amendment Clause 142.(1) Chapter 11, part 1, heading, after `PROVISIONS'-- 2 insert-- 3 `FOR ACT NO. 86 OF 1994'. 4 (2) Chapter 11-- 5 insert-- 6 `PART 2--TRANSITIONAL PROVISIONS FOR 7 RESIDENTIAL TENANCIES AMENDMENT ACT 1998 8 `Definitions for pt 2 9 `340. In this part-- 10 "amendment Act" means the Residential Tenancies Amendment Act 1998. 11 "commencement day" means the day on which the provision in which the 12 term is used commences. 13 `Fixed term agreements in force at commencement 14 `341.(1) This section applies to a fixed term agreement in force 15 immediately before the commencement day. 16 `(2) This Act continues to apply to the agreement as if the amendment 17 Act had not commenced. 18 `(3) However, if after the period fixed as the term of the tenancy ends, 19 the agreement continues to apply because of section 46(3)13-- 20 (a) subsection (2) stops having effect for the agreement; and 21 (b) this Act, as amended by the amendment Act, applies to the 22 agreement. 23 13 Section 46 (Continuation of fixed term agreements)

 


 

s 143 81 s 143 Residential Tenancies Amendment `Periodic agreements in force at commencement 1 `342.(1) This section applies to a periodic agreement in force 2 immediately before the commencement day. 3 `(2) This Act continues to apply to the agreement as if the amendment 4 Act had not commenced, but only until-- 5 (a) 6 months after the commencement day; or 6 (b) if, within the 6 month period, the agreement is amended--the day 7 the amendment of the agreement takes effect. 8 `(3) This Act, as amended by the amendment Act, applies to the 9 agreement when subsection (2) stops having effect for the agreement. 10 `(4) However, if the lessor is the State, section 39 14 does not apply to the 11 agreement for 3 years after the commencement day. 12 `Short tenancy (moveable dwelling) agreements in force at 13 commencement 14 `343.(1) This section applies to an agreement for a short tenancy 15 (moveable dwelling) in force immediately before the commencement day. 16 `(2) This Act continues to apply to the agreement as if the amendment 17 Act had not commenced.'. 18 of sch 3 (Dictionary) 19 Amendment Clause 143.(1) Schedule 3, definitions "approved form", "approved 20 representative", "approved supported accommodation", "award", 21 "caravan", "dispute notice", "emergency repairs", "essential terms", 22 "full term", "industrial agreement", "key money", "mediation 23 conference", "mediation notice", "mediator", "non-essential terms", 24 "routine repairs" and "short form"-- 25 omit. 26 (2) Schedule 3-- 27 insert-- 28 14 Section 39 (Written agreements required)

 


 

s 143 82 s 143 Residential Tenancies Amendment ` "affordable housing scheme" means a scheme under which the 1 Commonwealth, the State, a local government or a non-profit 2 corporation provides accommodation assistance, other than-- 3 (a) as approved supported accommodation; or 4 (b) under a subletting mentioned in section 25A. 5 "approved form" see section 320. 6 "approved representative", for a party to a tenancy dispute, means a 7 person approved by the conciliator conducting the conciliation process 8 for the dispute to represent the party in the dispute. 9 "approved supported accommodation" means accommodation provided 10 under an agreement between the Commonwealth and the State 11 under-- 12 (a) the program known as the `Crisis Accommodation Program', or, 13 if the program is continued under another name, the program as 14 continued under the other name; or 15 (b) the program known as the `Supported Accommodation 16 Assistance Program', or, if the program is continued under 17 another name, the program as continued under the other name. 18 "caravan" see section 3A. 19 "conciliation agreement" means an agreement mentioned in section 241. 20 "conciliator" see section 3B. 21 "dispute resolution request" see section 233. 22 "emergency repairs" see section 123A. 23 "ending of housing assistance", for a notice to leave, see section 163A. 24 "general service charge", for premises that are not moveable dwelling 25 premises in a moveable dwelling park, means a service charge that is 26 not a water service charge. 27 "key deposit" see section 84A. 28 "mortgagee", for a mortgage, includes any person from time to time 29 deriving title to the mortgage under a previous mortgagee. 30 "nonprofit corporation" means a corporation formed for a purpose other 31 than the purpose of making a profit. 32

 


 

s 143 83 s 143 Residential Tenancies Amendment "rental bond contributor" see section 58. 1 "rental bond notice" means a notice about a rental bond given to the 2 authority under section 59. 3 "replacement cotenant", for an agreement for which there is a rental bond, 4 means a person who, after the rental bond notice for the agreement is 5 given to the authority becomes a cotenant in place of a former cotenant 6 who was a rental bond contributor (whether the person becomes a 7 cotenant directly from the former cotenant or indirectly through 8 another former cotenant who was, or other former cotenants each of 9 whom was, a rental bond contributor). 10 "special terms", of a residential tenancy agreement, means terms of the 11 agreement that are not-- 12 (a) standard terms; or 13 (b) terms included in the agreement under section 35(1). 14 "spouse" see Domestic Violence (Family Protection) Act 1989, 15 section 12(1).15 16 "standard terms", of a residential tenancy agreement, see section 38. 17 "water service charge", for premises, means a service charge for water 18 supplied to the premises.'. 19 15 Domestic Violence (Family Provision) Act 1989-- Who is a "spouse"? 12.(1) A "spouse" means either one of a man and a woman-- (a) who are or have been married to each other; or (b) who, although not married to each other, are residing or have resided together as husband and wife; or (c) who are the biological parents of a child (whether or not they are or have been married or are residing or have resided together).

 


 

s 144 84 s 145 Residential Tenancies Amendment ART 3--AMENDMENT OF MOBILE HOMES ACT 1 P 1989 2 amended in pt 3 3 Act Clause 144. This part amends the Mobile Homes Act 1989. 4 of s 3 (Interpretation) 5 Amendment Clause 145. Section 3, definition "caravan"-- 6 omit, insert-- 7 ` "caravan" see the Residential Tenancies Act 1998, section 3A.16'. 8 9 © State of Queensland 1998 16 Section 3A (Caravan)

 


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