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Queensland
RESIDENTIAL TENANCIES
AND OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
RESIDENTIAL TENANCIES AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF RESIDENTIAL TENANCIES ACT
1994
3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Omission of s 3B (Conciliator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Insertion of new ss 14A and 14B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14A Provision stating that lessor or lessor's agent must do something. . . 8
14B Lessor's agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 27 (Approved supported accommodation) . . . . . . . . . . . . 9
7 Replacement of s 40 (Giving and signing written agreement) . . . . . . . . . . . 10
40 Giving and signing written agreement. . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 43 (Information statement) . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 53 (Rent increases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Replacement of s 58 (Meaning of "rental bond contributor"). . . . . . . . . . . . 11
58 Contributor for a rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
58A Share of a rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Insertion of new ch 2, pt 3, div 2, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 65 (Application for payment) . . . . . . . . . . . . . . . . . . . . . . 12
13 Replacement of ss 66-69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2--Payment of bond if only 1 contributor
66 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
67 Joint application by lessor and contributor . . . . . . . . . . . . . . . . . . . . 13
2
Residential Tenancies and Other Legislation
Amendment Bill 2003
68 Application by lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
69 Application by contributor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 3--Payment of bond if more than 1 contributor
69A Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
69B Joint application by lessor and every contributor . . . . . . . . . . . . . . . 14
69C Joint application by lessor and some contributors . . . . . . . . . . . . . . . 14
69D Application by lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
69E Application by every contributor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
69F Application by some contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 4--Other matters about payment
69G Payment for which notice must be given . . . . . . . . . . . . . . . . . . . . . . 16
14 Amendment of s 72 (Payment to rental bond supplier). . . . . . . . . . . . . . . . . 18
15 Amendment of s 73 (Limitation affecting payment). . . . . . . . . . . . . . . . . . . 18
16 Replacement of s 74 (Discontinuance of application for payment) . . . . . . . 19
74 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Amendment of s 80 (Rental bond account). . . . . . . . . . . . . . . . . . . . . . . . . . 19
18 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
80A Unclaimed amounts in rental bond account. . . . . . . . . . . . . . . . . . . . 19
19 Amendment of s 106 (Tenant's obligations generally) . . . . . . . . . . . . . . . . . 20
20 Replacement of s 120 (Supply of locks and keys) . . . . . . . . . . . . . . . . . . . . 20
120 Supply of locks and keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Amendment of s 136 (Park liaison committee). . . . . . . . . . . . . . . . . . . . . . . 21
22 Amendment of s 219 (Way of recovering possession of premises) . . . . . . . 21
23 Amendment of s 231 (Meaning of "urgent application") . . . . . . . . . . . . . . . 22
24 Amendment of s 232C (Functions of conciliators) . . . . . . . . . . . . . . . . . . . . 22
25 Amendment of s 245 (Conciliators to maintain secrecy) . . . . . . . . . . . . . . . 23
26 Amendment of s 246 (Ordinary protection and immunity allowed) . . . . . . . 23
27 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CHAPTER 7A--TENANCY DATABASES
284A Definitions for ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
284B Non-application to internal databases . . . . . . . . . . . . . . . . . . . . . . . . 24
284C Restriction on listing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
Residential Tenancies and Other Legislation
Amendment Bill 2003
284D Application to tribunal about breach . . . . . . . . . . . . . . . . . . . . . . . . . 25
284E Application to tribunal about incorrect or unjust listing . . . . . . . . . . 25
284F Application to tribunal about proposed listing. . . . . . . . . . . . . . . . . . 26
284G Offence of contravening tribunal order . . . . . . . . . . . . . . . . . . . . . . . 26
284H Order for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Insertion of new s 308A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
308A Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Insertion of new s 322 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
322 Non-application of Act to long-term leases on Hamilton Island . . . . 28
30 Insertion of new ch 11, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 3--TRANSITIONAL PROVISIONS FOR RESIDENTIAL
TENANCIES AND OTHER LEGISLATION AMENDMENT ACT 2003
Division 1--Preliminary
344 Meaning of "amendment Act" for pt 3 . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Miscellaneous
345 Application for payment of rental bond. . . . . . . . . . . . . . . . . . . . . . . 29
346 Supply of locks and keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
347 Conciliators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3--Tenancy databases
348 Application of certain tenancy database provisions. . . . . . . . . . . . . . 30
349 Application to tribunal about listing made in certain circumstances. 30
350 Application to tribunal about incorrect or unjust listing . . . . . . . . . . 31
31 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--AMENDMENT OF ARCHITECTS ACT 2002
32 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
33 Insertion of new s 114A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
114A Exemption for corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
34 Amendment of s 140 (Performance and carrying out of architectural
services by particular entities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
35 Insertion of new s 141A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
141A Notice and record for corporations . . . . . . . . . . . . . . . . . . . . . . . . . . 33
36 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
Residential Tenancies and Other Legislation
Amendment Bill 2003
PART 4--AMENDMENT OF QUEENSLAND BUILDING
SERVICES AUTHORITY ACT 1991
37 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
38 Amendment of s 18 (Role of the general manager) . . . . . . . . . . . . . . . . . . . 35
39 Amendment of s 26 (Insurance Fund). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
40 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
26A Management of statutory insurance scheme . . . . . . . . . . . . . . . . . . . 36
PART 5--AMENDMENT OF RESIDENTIAL SERVICES
(ACCOMMODATION) ACT 2002
41 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
42 Amendment of s 17 (Resident's copy of agreement) . . . . . . . . . . . . . . . . . . 36
43 Replacement of s 29 (Meaning of "rental bond contributor"). . . . . . . . . . . . 36
29 Contributor for a rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
29A Share of a rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
44 Insertion of new pt 5, div 2, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
45 Amendment of s 38 (Application for payment) . . . . . . . . . . . . . . . . . . . . . . 38
46 Replacement of ss 39-44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 2--Payment of bond if only 1 contributor
39 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
40 Joint application by service provider and contributor . . . . . . . . . . . . 38
41 Application by service provider. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
42 Application by contributor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 3--Payment of bond if more than 1 contributor
43 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
44 Joint application by service provider and every contributor . . . . . . . 39
44A Joint application by service provider and some contributors. . . . . . . 39
44B Application by service provider. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
44C Application by every contributor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
44D Application by some contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 4--Other matters about payment
44E Payment for which notice must be given . . . . . . . . . . . . . . . . . . . . . . 41
47 Amendment of s 46 (Payment to rental bond supplier). . . . . . . . . . . . . . . . . 43
5
Residential Tenancies and Other Legislation
Amendment Bill 2003
48 Replacement of s 48 (Discontinuance of application for payment) . . . . . . . 43
48 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
49 Amendment of s 105 (Conciliation agreement) . . . . . . . . . . . . . . . . . . . . . . 44
50 Insertion of new s 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
140 Transitional provision for Residential Tenancies and Other
Legislation Amendment Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
51 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 46
AMENDMENTS OF RESIDENTIAL TENANCIES ACT 1994
2003
A BILL
FOR
An Act to amend the Residential Tenancies Act 1994 and other Acts
s1 8 s5
Residential Tenancies and Other Legislation
Amendment Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Residential Tenancies and Other 4
Legislation Amendment Act 2003. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF RESIDENTIAL 8
TENANCIES ACT 1994 9
3 Act amended in pt 2 and schedule
Clause 10
This part and the schedule amend the Residential Tenancies Act 1994. 11
4 Omission of s 3B (Conciliator)
Clause 12
Section 3B-- 13
omit. 14
5 Insertion of new ss 14A and 14B
Clause 15
Chapter 1, part 3, after section 14-- 16
insert-- 17
`14A Provision stating that lessor or lessor's agent must do something 18
`(1) This section applies to a provision of this Act stating that the lessor 19
or lessor's agent must do something (the "required act"). 20
s6 9 s6
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(2) The reference in the provision to the lessor's agent is a reference to a 1
person who is the agent of the lessor to do the required act. 2
`(3) If the required act is done, whether by the agent or personally by the 3
lessor, both the lessor and the agent are taken to have complied with the 4
provision. 5
`(4) If the required act is omitted to be done, both the lessor and the 6
agent are taken to have contravened the provision and, if the contravention 7
is an offence-- 8
(a) each of them may be dealt with for the offence; and 9
(b) section 315(2)1 applies to a proceeding for the offence. 10
`14B Lessor's agent 11
`A reference in a provision of this Act to something being done by a 12
lessor, without mentioning an agent of the lessor, does not, by implication, 13
limit the extent to which the thing may be done by an agent of the lessor.'. 14
6 Amendment of s 27 (Approved supported accommodation)
Clause 15
(1) Section 27, heading-- 16
omit, insert-- 17
`27 Headleases for approved supported accommodation'. 18
(2) Section 27(2), `subsection (1)'-- 19
omit insert-- 20
`subsection (2)'. 21
(3) Section 27(2)-- 22
renumber as section 27(3). 23
(4) Section 27(1)-- 24
omit, insert-- 25
`(1) This Act does not apply to an agreement relating to the letting of 26
premises (the "headlease") entered into by an entity as tenant for the 27
1 Section 315 (Responsibility for acts or omissions of representatives)
s7 10 s8
Residential Tenancies and Other Legislation
Amendment Bill 2003
purpose of using the premises to provide approved supported 1
accommodation. 2
`(2) Subsection (1) does not prevent this Act from applying to a 3
residential tenancy agreement under which the tenant under the headlease 4
lets the premises to a person to provide the person with approved supported 5
accommodation.'. 6
7 Replacement of s 40 (Giving and signing written agreement)
Clause 7
Section 40-- 8
omit, insert-- 9
`40 Giving and signing written agreement 10
`(1) The lessor or lessor's agent must give the document prepared for 11
section 39 to the tenant for signing. 12
`(2) Within 5 days after receiving the document, the tenant must sign the 13
document and return it to the lessor or lessor's agent. 14
`(3) Within 14 days after receiving the document signed by the tenant, 15
the lessor or lessor's agent must sign the document and return a copy 16
signed by both parties to the tenant. 17
Maximum penalty--10 penalty units. 18
`(4) This section does not apply to an agreement for a short tenancy 19
(moveable dwelling).'. 20
8 Amendment of s 43 (Information statement)
Clause 21
Section 43(2)(b), `mediation'-- 22
omit, insert-- 23
`conciliation'. 24
s9 11 s 10
Residential Tenancies and Other Legislation
Amendment Bill 2003
9 Amendment of s 53 (Rent increases)
Clause 1
Section 53(7)-- 2
omit, insert-- 3
`(7) This section does not apply if the lessor is the Queensland Housing 4
Commission and the lease is given under the State Housing Act 1945, 5
section 26.2'. 6
10 Replacement of s 58 (Meaning of "rental bond contributor")
Clause 7
Section 58-- 8
omit, insert-- 9
`58 Contributor for a rental bond 10
`(1) A person is a "contributor" for a rental bond-- 11
(a) if the person is the tenant and there are no cotenants; or 12
(b) if-- 13
(i) the person is a cotenant; and 14
(ii) the authority is satisfied the person is responsible for 15
payment of the bond or part of the bond. 16
`(2) Without limiting subsection (1)(b)(ii), the authority may be satisfied 17
a person is responsible for payment of a rental bond or part of a rental 18
bond-- 19
(a) because the rental bond notice for the agreement indicates the 20
person paid the bond or contributed to payment of the bond; or 21
(b) because a cotenant-- 22
(i) is shown on the rental bond notice for the agreement to have 23
paid the bond; and 24
(ii) has given the authority a written notice naming the person 25
as a contributor for the bond; or 26
(c) because a former cotenant-- 27
(i) is shown on the rental bond notice for the agreement to have 28
contributed to payment of the bond; and 29
2 State Housing Act 1945, section 26 (Letting or leasing of houses to eligible persons)
s 11 12 s 12
Residential Tenancies and Other Legislation
Amendment Bill 2003
(ii) has given the authority a written notice naming the person 1
as a contributor for the bond in place of the former cotenant. 2
`58A Share of a rental bond 3
`(1) This section applies if there is more than 1 contributor for a rental 4
bond. 5
`(2) If the authority is satisfied a contributor for a rental bond is 6
responsible for payment of a certain amount of the bond, that amount is the 7
contributor's "share" of the bond. 8
`(3) The authority may assume 2 or more contributors for a rental bond 9
are responsible for payment of the bond, or part of the bond, in equal shares 10
if the authority-- 11
(a) is satisfied the contributors are responsible for payment of the 12
bond or that part of the bond; but 13
(b) has not been notified, by a rental bond notice or a notice from the 14
contributors, of the amount for which each of the contributors is 15
responsible.'. 16
11 Insertion of new ch 2, pt 3, div 2, sdiv 1 hdg
Clause 17
Chapter 2, part 3, after division 2 heading-- 18
insert-- 19
`Subdivision 1--Preliminary'. 20
12 Amendment of s 65 (Application for payment)
Clause 21
Section 65-- 22
insert-- 23
`(2) An application may only direct a payment to be made to the lessor or 24
a contributor for the bond.'. 25
s 13 13 s 13
Residential Tenancies and Other Legislation
Amendment Bill 2003
13 Replacement of ss 66-69
Clause 1
Sections 66 to 69-- 2
omit, insert-- 3
`Subdivision 2--Payment of bond if only 1 contributor 4
`66 Application of sdiv 2 5
`This subdivision applies to an application to the authority for payment 6
of a rental bond if there is only 1 contributor for the bond. 7
`67 Joint application by lessor and contributor 8
`If the application is made jointly by the lessor and the contributor, the 9
authority must make each payment directed by the application. 10
`68 Application by lessor 11
`(1) This section applies if the application is made by the lessor only. 12
`(2) If the application directs that a payment be made to the contributor, 13
the authority must make the payment. 14
`(3) If the application directs that a payment be made to the lessor-- 15
(a) section 69G applies to the directed payment; and 16
(b) the contributor is the interested person for the payment. 17
`69 Application by contributor 18
`(1) This section applies if the application is made by the contributor 19
only. 20
`(2) If the application directs that a payment be made to the lessor, the 21
authority must make the payment. 22
`(3) If the application directs that a payment be made to the 23
contributor-- 24
(a) section 69G applies to the directed payment; and 25
(b) the lessor is the interested person for the payment. 26
s 13 14 s 13
Residential Tenancies and Other Legislation
Amendment Bill 2003
`Subdivision 3--Payment of bond if more than 1 contributor 1
`69A Application of sdiv 3 2
`This subdivision applies to an application to the authority for payment 3
of a rental bond if there is more than 1 contributor for the bond. 4
`69B Joint application by lessor and every contributor 5
`If the application is made jointly by the lessor and every contributor, the 6
authority must make each payment directed by the application. 7
`69C Joint application by lessor and some contributors 8
`(1) This section applies if the application is made jointly by the lessor 9
and some, but not all, of the contributors. 10
`(2) If there is only 1 non-applicant contributor and the application 11
directs that a payment be made to the non-applicant contributor, the 12
authority must make the payment. 13
`(3) If the application directs that payments be made to all of the 14
contributors in the same proportions as their shares of the bond, the 15
authority must make the payments. 16
`(4) If the application directs that each non-applicant contributor be paid 17
his or her entire share of the bond, the authority must make those payments 18
and any other payments directed by the application. 19
`(5) Otherwise-- 20
(a) section 69G applies to a payment directed by the application; and 21
(b) each non-applicant contributor is an interested person for the 22
payment. 23
`(6) In this section-- 24
"non-applicant contributor" means a contributor who is not an applicant. 25
`69D Application by lessor 26
`(1) This section applies if the application is made by the lessor only. 27
s 13 15 s 13
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(2) If the application directs that payments be made to all of the 1
contributors in the same proportions as their shares of the bond, the 2
authority must make the payments. 3
`(3) Otherwise-- 4
(a) section 69G applies to a payment directed by the application; and 5
(b) each contributor is an interested person for the payment. 6
`69E Application by every contributor 7
`(1) This section applies if the application is made by every contributor 8
but not jointly with the lessor. 9
`(2) If the application directs that a payment be made to the lessor, the 10
authority must make the payment. 11
`(3) If the application directs that a payment be made to a contributor-- 12
(a) section 69G applies to the directed payment; and 13
(b) the lessor is the interested person for the payment. 14
`69F Application by some contributors 15
`(1) This section applies if the application is made by some, but not all, 16
of the contributors and not jointly with the lessor. 17
`(2) If the application directs that a payment be made to the lessor-- 18
(a) section 69G applies to the directed payment; and 19
(b) each non-applicant contributor is an interested person for the 20
payment. 21
`(3) If the application directs that a payment be made to a contributor-- 22
(a) section 69G applies to the directed payment; and 23
(b) the lessor and each non-applicant contributor are interested 24
persons for the payment. 25
`(4) In this section-- 26
"non-applicant contributor" means a contributor who is not an applicant. 27
s 13 16 s 13
Residential Tenancies and Other Legislation
Amendment Bill 2003
`Subdivision 4--Other matters about payment 1
`69G Payment for which notice must be given 2
`(1) This section concerns a payment, directed by an application for 3
payment of a rental bond, mentioned in any of the following provisions-- 4
· section 68(3) 5
· section 69(3) 6
· section 69C(5) 7
· section 69D(3) 8
· section 69E(3) 9
· section 69F(2) or (3). 10
`(2) The authority must give written notice of the application to the 11
interested person or, if there is more than 1 interested person, to each of 12
them. 13
`(3) If there is only 1 interested person, the authority must make the 14
directed payment-- 15
(a) if the interested person does not make a dispute resolution 16
request to the authority about the payment within 14 days after 17
notice is given under subsection (2); or 18
(b) if a dispute resolution request under paragraph (a) is made but is 19
withdrawn; or 20
(c) if-- 21
(i) a dispute resolution request under paragraph (a) is made; 22
and 23
(ii) the conciliation process ends without a conciliated 24
resolution having been reached; and 25
(iii) the authority gives the interested person a written notice 26
about the ending of the conciliation process; and 27
(iv) either-- 28
(A) the interested person does not apply to a tribunal for an 29
order about the payment, and give the authority a 30
written notice informing it of the application, within 31
s 13 17 s 13
Residential Tenancies and Other Legislation
Amendment Bill 2003
7 days after the notice under subparagraph (iii) is 1
given; or 2
(B) an application to a tribunal under 3
sub-subparagraph (A) is made but is withdrawn. 4
`(4) If there is more than 1 interested person, the authority must make the 5
directed payment-- 6
(a) if none of the interested persons makes a dispute resolution 7
request to the authority about the payment within 14 days after 8
notice is given under subsection (2); or 9
(b) if 1 or more dispute resolution requests under paragraph (a) are 10
made but all are withdrawn; or 11
(c) if-- 12
(i) 1 or more dispute resolution requests under paragraph (a) 13
are made; and 14
(ii) the conciliation process ends without a conciliated 15
resolution having been reached; and 16
(iii) the authority gives the interested person or persons who 17
made the dispute resolution request a written notice about 18
the ending of the conciliation process; and 19
(iv) either-- 20
(A) none of the interested persons applies to a tribunal for 21
an order about the payment, and gives the authority a 22
written notice informing it of the application, within 23
7 days after the notice under subparagraph (iii) is 24
given; or 25
(B) 1 or more applications to a tribunal under 26
sub-subparagraph (A) are made but all are withdrawn. 27
`(5) In this section-- 28
"interested person", for a payment mentioned in a notice provision, 29
means a person stated in the provision to be an interested person for 30
the payment. 31
"notice provision" means a provision mentioned in subsection (1).'. 32
s 14 18 s 15
Residential Tenancies and Other Legislation
Amendment Bill 2003
14 Amendment of s 72 (Payment to rental bond supplier)
Clause 1
(1) Section 72(1)(a)-- 2
omit, insert-- 3
`(a) a rental bond is payable to a contributor for the bond; and'. 4
(2) Section 72(1)(b), `tenant'-- 5
omit, insert-- 6
`contributor'. 7
(3) Section 72(2), `(the "rental bond supplier") and not the tenant'-- 8
omit, insert-- 9
`instead of the contributor'. 10
15 Amendment of s 73 (Limitation affecting payment)
Clause 11
(1) Section 73(2), `subsection (1) does'-- 12
omit, insert-- 13
`subsections (1) and (2) do'. 14
(2) Section 73(2)-- 15
renumber as section 73(3). 16
(3) Section 73-- 17
insert-- 18
`(2) Also, the authority must not pay a rental bond if it knows-- 19
(a) the lessor has given an abandonment termination notice to the 20
tenant; and 21
(b) the agreement has not terminated.3'. 22
3 See section 151 (Termination of agreements).
s 16 19 s 18
Residential Tenancies and Other Legislation
Amendment Bill 2003
16 Replacement of s 74 (Discontinuance of application for payment)
Clause 1
Section 74-- 2
omit, insert-- 3
`74 Withdrawal of application 4
`(1) This section applies to an application to the authority for the 5
payment of a rental bond. 6
`(2) If there is only 1 applicant and the application is withdrawn before 7
the authority makes a payment directed by it, the authority must stop 8
dealing with it. 9
`(3) For an application with 2 or more applicants-- 10
(a) if all of the applicants withdraw before the authority makes a 11
payment directed by the application, the authority must stop 12
dealing with it; or 13
(b) if 1 or more, but not all, of the applicants withdraw before the 14
authority makes a payment directed by the application, the 15
authority must deal with it as an application made by the 16
remaining applicants.'. 17
17 Amendment of s 80 (Rental bond account)
Clause 18
Section 80(2)-- 19
insert-- 20
`(d) amounts paid under section 80A.'. 21
18 Insertion of new s 80A
Clause 22
After section 80-- 23
insert-- 24
`80A Unclaimed amounts in rental bond account 25
`(1) This section applies if-- 26
(a) in order to make a payment out of the rental bond account under 27
section 80(2)(a) or (b), the authority draws a cheque and gives it 28
to the person entitled to the payment; and 29
s 19 20 s 20
Residential Tenancies and Other Legislation
Amendment Bill 2003
(b) the cheque is not presented for payment within 15 months after it 1
is drawn; and 2
(c) it is at least 7 years since the cheque was drawn; and 3
(d) since the end of the time mentioned in paragraph (b), the person 4
has not received the amount and has not asked the authority to be 5
paid the amount. 6
`(2) With the Minister's agreement, the authority may pay the amount 7
out of the rental bond account for-- 8
(a) a purpose mentioned in section 82(1)(a) to (d); or 9
(b) conducting a scheme, or helping another entity to conduct a 10
scheme, to provide housing or a related service. 11
`(3) This section does not affect the person's entitlement to be paid the 12
amount.'. 13
19 Amendment of s 106 (Tenant's obligations generally)
Clause 14
Section 106(2), penalty-- 15
omit. 16
20 Replacement of s 120 (Supply of locks and keys)
Clause 17
Section 120-- 18
omit, insert-- 19
`120 Supply of locks and keys 20
`(1) The lessor must supply and maintain the locks that are necessary to 21
ensure the premises are reasonably secure. 22
`(2) If there is only 1 tenant, the lessor must give to the tenant a key for 23
each lock that-- 24
(a) secures an entry to the premises; or 25
(b) secures a road or other place that is normally used to gain access 26
to, or leave, the area or building in which the premises are 27
situated; or 28
s 21 21 s 22
Residential Tenancies and Other Legislation
Amendment Bill 2003
1
Example of a lock for paragraph (b)--
2
A lock operating a boom gate that must be passed to enter or leave the area
3
in which the premises are situated.
(c) is part of the premises. 4
5
Examples of locks for paragraph (c)--
6
1. A lock on a door to a room in the premises.
7
2. A lock on the mailbox for the premises.
8
3. A lock on the door to a toolshed that forms part of the premises.
9
4. A lock on a built-in cupboard in the premises.
`(3) If there is more than 1 tenant, the lessor must-- 10
(a) give one of the tenants a key for each lock mentioned in 11
subsection (2); and 12
(b) give each of the other tenants a key for each lock mentioned in 13
subsection (2)(a) or (b). 14
`(4) In this section-- 15
"tenant" means a person named in the agreement as a tenant.'. 16
21 Amendment of s 136 (Park liaison committee)
Clause 17
(1) Section 136(5)-- 18
omit. 19
(2) Section 136(6) and (7)-- 20
renumber as section 136(5) and (6). 21
22 Amendment of s 219 (Way of recovering possession of premises)
Clause 22
Section 219(2)-- 23
omit, insert-- 24
`(2) A person must not recover possession of the premises other than in a 25
way authorised under this Act. 26
Maximum penalty--50 penalty units.'. 27
s 23 22 s 24
Residential Tenancies and Other Legislation
Amendment Bill 2003
23 Amendment of s 231 (Meaning of "urgent application")
Clause 1
(1) Section 231(5), 13th dot point, `Application about abandoned 2
goods'-- 3
omit, insert-- 4
`Application about goods left on premises'. 5
(2) Section 231-- 6
insert-- 7
`(6) An application to a tribunal is an "urgent application" if it is made 8
under chapter 7A.4'. 9
24 Amendment of s 232C (Functions of conciliators)
Clause 10
(1) Section 232C, heading-- 11
omit, insert-- 12
`232C Conciliators'. 13
(2) Section 232C, after `conciliator'-- 14
insert-- 15
`under this Act'. 16
(3) Section 232C-- 17
renumber as section 232C(4). 18
(4) Section 232C-- 19
insert-- 20
`(1) The chief executive officer may appoint conciliators for this Act and 21
the accommodation Act. 22
`(2) The chief executive officer may appoint a person as a conciliator 23
only if the chief executive officer is satisfied the person is qualified for 24
appointment because the person has the necessary expertise or experience. 25
`(3) Without limiting subsection (2), the chief executive officer may be 26
satisfied a person has the necessary expertise or experience because the 27
4 Chapter 7A (Tenancy databases)
s 25 23 s 27
Residential Tenancies and Other Legislation
Amendment Bill 2003
person has satisfactorily completed the training approved by the chief 1
executive officer for this section.'. 2
25 Amendment of s 245 (Conciliators to maintain secrecy)
Clause 3
Section 245-- 4
insert-- 5
`(3) Also, if a person gives a document to a conciliator during the 6
conciliation process and asks the conciliator to disclose the document to an 7
authorised person, the conciliator may make the disclosure.'. 8
26 Amendment of s 246 (Ordinary protection and immunity allowed)
Clause 9
Section 246(3), `mediation conference'-- 10
omit, insert-- 11
`process'. 12
27 Insertion of new ch 7A
Clause 13
After chapter 7-- 14
insert-- 15
`CHAPTER 7A--TENANCY DATABASES 16
`284A Definitions for ch 7A 17
`In this chapter-- 18
"list", a person on a tenancy database, means-- 19
(a) enter personal information about the person into the database; or 20
(b) give personal information about the person to someone else for 21
entry into the database. 22
"personal information" means-- 23
(a) an individual's name; or 24
(b) information or an opinion, whether true or not, about an 25
identified individual. 26
s 27 24 s 27
Residential Tenancies and Other Legislation
Amendment Bill 2003
"tenancy database" means a database (whether or not stored in a 1
computer) containing personal information-- 2
(a) relating to, or arising from, the occupation of residential 3
premises under a residential tenancy agreement; or 4
(b) entered into the database for reasons relating to, or arising from, 5
the occupation of residential premises under a residential tenancy 6
agreement. 7
`284B Non-application to internal databases 8
`(1) This chapter does not apply to a tenancy database kept by an entity 9
for use only by that entity or its employees or agents. 10
`(2) In this section-- 11
"entity" includes a department. 12
`284C Restriction on listing 13
`(1) A person (the "listing person") must not list another person on a 14
tenancy database unless-- 15
(a) the other person was named as a tenant in a residential tenancy 16
agreement; and 17
(b) the agreement has ended; and 18
(c) there is a reason prescribed under a regulation for listing the 19
other person; and 20
(d) the listing person has-- 21
(i) given written notice to the other person about the personal 22
information it is proposed to enter, or give for entry, into the 23
database (the "information to be entered"); or 24
(ii) taken other reasonable steps to disclose to the other person 25
the information to be entered; and 26
(e) the listing person has given the other person a reasonable 27
opportunity to review the information to be entered. 28
`(2) Subsection (1)(d) and (e) do not apply if the listing person can not 29
locate the other person after making reasonable enquiries. 30
s 27 25 s 27
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(3) Subsection (1)(e) does not apply to personal information that, at the 1
time of the listing, is publicly available. 2
3
Example of publicly available information--
4
Personal information obtained from publicly available court records.
`284D Application to tribunal about breach 5
`(1) A person (the "tenant") who claims there has been a breach of 6
section 284C, relating to the listing of the tenant on a tenancy database, 7
may apply to a tribunal about the breach. 8
`(2) The application may only be made within 6 months after the tenant 9
becomes aware of the breach. 10
`(3) If the tribunal decides there has been a breach, it may-- 11
(a) order a person to take stated steps to remedy the breach; or 12
(b) make another order it considers appropriate. 13
`284E Application to tribunal about incorrect or unjust listing 14
`(1) A person (the "tenant") who has been listed on a tenancy database 15
may apply to a tribunal for an order under this section. 16
`(2) The tribunal may order a person to take stated steps to-- 17
(a) have the tenant's name or other personal information about the 18
tenant omitted from the database; or 19
(b) have stated changes made to the personal information about the 20
tenant that is included in the database. 21
`(3) The tribunal may make the order only if it is satisfied-- 22
(a) the database includes personal information about the tenant that 23
is incorrect or misleading; or 24
25
Example for paragraph (a)--
26
X is listed on a tenancy database for a reason relating to a minor matter.
27
The database does not give details of the matter but includes a notation
28
implying that X may be responsible for a serious breach of the Act.
(b) the inclusion of the tenant's name or other personal information 29
about the tenant in the database is unjust in the circumstances, 30
having regard to-- 31
s 27 26 s 27
Residential Tenancies and Other Legislation
Amendment Bill 2003
(i) the reason for the listing; and 1
(ii) the tenant's involvement in the acts or omissions giving rise 2
to the reason for the listing; and 3
(iii) the adverse consequences suffered, or likely to be suffered, 4
by the tenant because of the listing; and 5
(iv) any other relevant matter. 6
7
Examples for paragraph (b)--
8
1. Y is listed on a tenancy database for a reason relating to damage
9
caused to premises by Y's spouse in the course of an incident of
10
domestic violence. Because of the listing, Y can not obtain appropriate
11
and affordable accommodation.
12
2. Z is listed on a tenancy database for a reason relating to an amount of
13
rent that remained unpaid for 2 months after it was payable. During
14
that period, Z was in hospital recovering from a serious accident and
15
unable to make arrangements for payment.
`284F Application to tribunal about proposed listing 16
`(1) A person (the "tenant") who is aware of a proposed listing of the 17
tenant on a tenancy database may apply to a tribunal for an order under this 18
section. 19
`(2) The tribunal may-- 20
(a) order a person not to make the proposed listing; or 21
(b) order a person not to make the proposed listing except with stated 22
changes or on stated conditions; or 23
(c) make another order it considers appropriate. 24
`(3) The tribunal may make the order only if it is satisfied that, if the 25
proposed listing were made, the tribunal could make an order about the 26
listing under section 284D or 284E. 27
`284G Offence of contravening tribunal order 28
`(1) A person must comply with an order of a tribunal made under this 29
chapter. 30
Maximum penalty--50 penalty units. 31
s 28 27 s 28
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(2) An offence against subsection (1) is a continuing offence and may 1
be charged in 1 or more complaints for periods the offence continues. 2
Maximum penalty for each day the offence continues after a conviction 3
against subsection (1)--5 penalty units. 4
`284H Order for compensation 5
`(1) This section applies if a court convicts a person of an offence against 6
section 284G. 7
`(2) The court may also make an order requiring the convicted person to 8
pay to a stated person, within a stated period, an amount the court considers 9
appropriate as compensation for loss or damage caused by the relevant 10
listing. 11
`(3) The person who is entitled to payment under the order may enforce 12
the order by filing with a court of competent jurisdiction-- 13
(a) a copy of the order, certified as a true copy by the registrar of the 14
convicting court; and 15
(b) an affidavit stating the amount remaining unpaid. 16
`(4) The order is then enforceable as if it were an order of the court in 17
which the copy and affidavit are filed.'. 18
28 Insertion of new s 308A
Clause 19
Chapter 8, part 7, division 1, after section 308-- 20
insert-- 21
`308A Delegation 22
`(1) The chief executive officer may delegate the chief executive officer's 23
powers under this Act to another appropriately qualified officer of the 24
authority. 25
`(2) In this section-- 26
"appropriately qualified", for a power, means having qualifications, 27
experience or standing appropriate to exercise the power.'. 28
s 29 28 s 30
Residential Tenancies and Other Legislation
Amendment Bill 2003
29 Insertion of new s 322
Clause 1
Chapter 10, after section 321-- 2
insert-- 3
`322 Non-application of Act to long-term leases on Hamilton Island 4
`(1) From the commencement day, this Act does not apply to a long-term 5
lease entered into in relation to premises on Hamilton Island even if the 6
lease is for, or for purposes that include, residential purposes. 7
`(2) To remove any doubt, it is declared that subsection (1) does not 8
apply to a sublease of a long-term lease mentioned in subsection (1) if the 9
sublease is not a long-term lease. 10
`(3) This section applies to a long-term lease mentioned in subsection (1) 11
even if the lease was entered into before the commencement day. 12
`(4) In this section-- 13
"commencement day" means the day this section commences. 14
"long-term lease" means a lease or sublease for a term, including renewal 15
options, of at least 100 years. 16
"sublease" includes a sub-sublease and sub-sub-sublease.'. 17
30 Insertion of new ch 11, pt 3
Clause 18
Chapter 11, after part 2-- 19
insert-- 20
`PART 3--TRANSITIONAL PROVISIONS FOR 21
RESIDENTIAL TENANCIES AND OTHER 22
LEGISLATION AMENDMENT ACT 2003 23
`Division 1--Preliminary 24
`344 Meaning of "amendment Act" for pt 3 25
`In this part-- 26
"amendment Act" means the Residential Tenancies and Other Legislation 27
Amendment Act 2003. 28
s 30 29 s 30
Residential Tenancies and Other Legislation
Amendment Bill 2003
`Division 2--Miscellaneous 1
`345 Application for payment of rental bond 2
`(1) This section applies to an application to the authority for payment of 3
a rental bond if-- 4
(a) the application was given to the authority before the 5
commencement day; and 6
(b) immediately before the commencement day, the authority had 7
not finally dealt with the application. 8
`(2) The authority must continue to deal with the application under 9
chapter 2, part 3 as in force before the commencement day. 10
`(3) In this section-- 11
"commencement day" means the day the amendment Act, section 13, 12
commences. 13
`346 Supply of locks and keys 14
`(1) This section applies to a residential tenancy agreement in force 15
immediately before the commencement day. 16
`(2) From the commencement day-- 17
(a) section 120, as in force immediately before the commencement 18
day, continues to apply to the lessor in relation to the agreement; 19
and 20
(b) section 120, as in force from the commencement day, does not 21
apply to the lessor in relation to the agreement. 22
`(3) In this section-- 23
"commencement day" means the day the amendment Act, section 20, 24
commences. 25
`347 Conciliators 26
`(1) A person who was a conciliator immediately before the 27
commencement day is taken to have been appointed as a conciliator under 28
section 232C. 29
s 30 30 s 30
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(2) Subsection (1) applies to the person from the commencement day 1
until the person's appointment ends under this Act. 2
`(3) In this section-- 3
"commencement day" means the day the amendment Act, section 24, 4
commences. 5
`Division 3--Tenancy databases 6
`348 Application of certain tenancy database provisions 7
`A reference in section 284A, 284B or 284G to chapter 7A includes this
5
8
division. 9
`349 Application to tribunal about listing made in certain 10
circumstances 11
`(1) A person may apply to a tribunal if-- 12
(a) the person was listed on a tenancy database before the 13
commencement day; and 14
(b) the person claims that-- 15
(i) the listing did not relate to a residential tenancy agreement 16
in which the person was named as a tenant; or 17
(ii) the listing related to a residential tenancy agreement in 18
which the person was named as a tenant and, at the time of 19
the listing, the agreement had not ended; or 20
(iii) the listing was not made for a reason prescribed for 21
section 284C.6 22
`(2) The application may only be made within 12 months after the 23
commencement day. 24
`(3) If the tribunal is satisfied of a matter mentioned in 25
subsection (1)(b)(i) to (iii), it may-- 26
5 Section 284A (Definitions for ch 7A), 284B (Non-application to internal databases)
or 284G (Offence of contravening tribunal order)
6 Section 284C (Restriction on listing)
s 31 31 s 31
Residential Tenancies and Other Legislation
Amendment Bill 2003
(a) order a person to take stated steps to remove personal 1
information about the applicant from the database; or 2
(b) make another order it considers appropriate. 3
`(4) In this section-- 4
"commencement day" means the day the amendment Act, section 27, 5
commences. 6
`350 Application to tribunal about incorrect or unjust listing 7
`(1) A reference in section 284E to a person who has been listed on a
7
8
tenancy database includes a person who has been listed on a tenancy 9
database before the commencement day. 10
`(2) In this section-- 11
"commencement day" means the day the amendment Act, section 27, 12
commences.'. 13
31 Amendment of sch 3 (Dictionary)
Clause 14
(1) Schedule 3, definitions "allowed period", "conciliator", "rental bond 15
contributor" and "replacement cotenant"-- 16
omit. 17
(2) Schedule 3-- 18
insert-- 19
` "conciliator" means a person appointed as a conciliator under 20
section 232C. 21
"contributor", for a rental bond, see section 58. 22
"list", a person on a tenancy database, for chapter 7A, see section 284A. 23
"personal information", for chapter 7A, see section 284A. 24
"share", of a rental bond, see section 58A(2). 25
"tenancy database", for chapter 7A, see section 284A.'. 26
7 Section 284E (Application to tribunal about incorrect or unjust listing)
s 32 32 s 33
Residential Tenancies and Other Legislation
Amendment Bill 2003
(3) Schedule 3, definition "retirement village", `Retirement Villages Act 1
1988'-- 2
omit, insert-- 3
`Retirement Villages Act 1999'. 4
PART 3--AMENDMENT OF ARCHITECTS ACT 2002 5
32 Act amended in pt 3
Clause 6
This part amends the Architects Act 2002. 7
33 Insertion of new s 114A
Clause 8
After section 114-- 9
insert-- 10
`114A Exemption for corporations 11
`(1) This section applies to a corporation. 12
`(2) The corporation does not commit an offence against section 113(1) 13
merely because the corporation uses a title or name referred to in 14
section 114(1) if-- 15
(a) the corporation has given the board a notice under 16
section 141A(2) in relation to the provision of architectural 17
services by the corporation; and 18
(b) the notice is a current notice. 19
`(3) The corporation does not commit an offence against section 114(1) 20
if-- 21
(a) the corporation has given the board a notice under 22
section 141A(2) in relation to the provision of architectural 23
services by the corporation; and 24
(b) the notice is a current notice.'. 25
s 34 33 s 35
Residential Tenancies and Other Legislation
Amendment Bill 2003
34 Amendment of s 140 (Performance and carrying out of
Clause 1
architectural services by particular entities) 2
Section 140-- 3
insert-- 4
`(3) A person mentioned in subsection (1)(a) is not taken to claim, or 5
hold himself or herself out, to be an architect, or allow himself or herself to 6
be held out as an architect, merely because the person uses a title or name 7
referred to in section 114(1) if-- 8
(a) the person has given the board a notice under section 141A(2) in 9
relation to the provision of architectural services by the person; 10
and 11
(b) the notice is a current notice.'. 12
35 Insertion of new s 141A
Clause 13
After section 141-- 14
insert-- 15
`141A Notice and record for corporations 16
`(1) This section applies if a corporation provides architectural services 17
at 1 or more places using an architect. 18
`(2) The corporation may give the board a notice in the approved form. 19
`(3) The approved form must provide for the inclusion of-- 20
(a) the corporation's name, business address and telephone number; 21
and 22
(b) the name of each place at which the corporation provides the 23
services; and 24
(c) the name of each architect who is responsible for carrying out 25
architectural services for the corporation at each of the places 26
mentioned in paragraph (b). 27
`(4) The notice is taken not to have been given under subsection (2) 28
unless the notice-- 29
(a) includes the information mentioned in subsection (3); and 30
(b) is accompanied by the fee prescribed under a regulation. 31
s 36 34 s 36
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(5) If a corporation gives the board a notice under subsection (2), the 1
corporation must, within 21 days after a change happens in the 2
corporation's name, business address or telephone number, the places at 3
which the corporation provides architectural services using an architect, or 4
in the architects responsible for carrying out architectural services for the 5
corporation at a place, notify the board, in the approved form, about the 6
change. 7
`(6) If the change is in an architect responsible for carrying out 8
architectural services for the corporation, the notice about the change is not 9
given under subsection (5) unless the notice states the architect's name. 10
`(7) If a corporation gives the board a notice under subsection (2) or (5), 11
the board must-- 12
(a) keep a record of the information given in the notice; and 13
(b) keep the record open for inspection, free of charge, at the board's 14
office by members of the public during ordinary office hours; and 15
(c) give a person a copy of the record, or a part of it, on payment of 16
the fee prescribed under a regulation. 17
`(8) If the board receives information ("received information"), other 18
than under subsection (5), that leads the board to reasonably suspect 19
information kept on the record may have changed, the board may note the 20
received information on the record. 21
`(9) The board may make the record available for inspection on its 22
website.'. 23
36 Amendment of sch 2 (Dictionary)
Clause 24
Schedule 2-- 25
insert-- 26
` "current notice" means a notice given to the board by a corporation 27
under section 141A(2) if-- 28
(a) a change mentioned in section 141A(5) has not happened; or 29
(b) in a case where a change mentioned in section 141A(5) has 30
happened, the corporation-- 31
(i) has not contravened section 141A(5) in relation to the 32
change; or 33
s 37 35 s 40
Residential Tenancies and Other Legislation
Amendment Bill 2003
(ii) has given the board notice of the change and, if relevant, the 1
notice contained the information mentioned in 2
section 141A(6).'. 3
PART 4--AMENDMENT OF QUEENSLAND BUILDING 4
SERVICES AUTHORITY ACT 1991 5
37 Act amended in pt 4
Clause 6
This part amends the Queensland Building Services Authority Act 1991. 7
38 Amendment of s 18 (Role of the general manager)
Clause 8
Section 18-- 9
insert-- 10
`(2A) In deciding the action to be taken in relation to a licensee's 11
licence, the general manager must not have regard to the implications for 12
the statutory insurance scheme.'. 13
39 Amendment of s 26 (Insurance Fund)
Clause 14
Section 26-- 15
insert-- 16
`(4) A regulation may require the fund to be managed-- 17
(a) in the way prescribed under a regulation; or 18
(b) in accordance with an external standard of fund administration 19
prescribed under a regulation.'. 20
40 Insertion of new s 26A
Clause 21
After section 26-- 22
insert-- 23
s 41 36 s 43
Residential Tenancies and Other Legislation
Amendment Bill 2003
`26A Management of statutory insurance scheme 1
`The authority must ensure that the statutory insurance scheme is 2
managed in accordance with actuarially sustainable principles so that the 3
amounts paid into the Insurance Fund under section 26(2) will be sufficient 4
to satisfy the amounts to be paid from the Insurance Fund under 5
section 26(3).'. 6
PART 5--AMENDMENT OF RESIDENTIAL SERVICES 7
(ACCOMMODATION) ACT 2002 8
41 Act amended in pt 5
Clause 9
This part amends the Residential Services (Accommodation) Act 2002. 10
42 Amendment of s 17 (Resident's copy of agreement)
Clause 11
Section 17(2), `does'-- 12
omit, insert-- 13
`does not'. 14
43 Replacement of s 29 (Meaning of "rental bond contributor")
Clause 15
Section 29-- 16
omit, insert-- 17
`29 Contributor for a rental bond 18
`(1) A person is a "contributor" for a rental bond-- 19
(a) if the person is the resident and there are no coresidents; or 20
(b) if-- 21
(i) the person is a coresident; and 22
(ii) the authority is satisfied the person is responsible for 23
payment of the bond or part of the bond. 24
s 43 37 s 43
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(2) Without limiting subsection (1)(b)(ii), the authority may be satisfied 1
a person is responsible for payment of a rental bond or part of a rental 2
bond-- 3
(a) because the rental bond notice for the residential service 4
agreement indicates the person paid the bond or contributed to 5
payment of the bond; or 6
(b) because a coresident-- 7
(i) is shown on the rental bond notice for the residential service 8
agreement to have paid the bond; and 9
(ii) has given the authority a written notice naming the person 10
as a contributor for the bond; or 11
(c) because a former coresident-- 12
(i) is shown on the rental bond notice for the residential service 13
agreement to have contributed to payment of the bond; and 14
(ii) has given the authority a written notice naming the person 15
as a contributor for the bond in place of the former 16
coresident. 17
`29A Share of a rental bond 18
`(1) This section applies if there is more than 1 contributor for a rental 19
bond. 20
`(2) If the authority is satisfied a contributor for a rental bond is 21
responsible for payment of a certain amount of the bond, that amount is the 22
contributor's "share" of the bond. 23
`(3) The authority may assume 2 or more contributors for a rental bond 24
are responsible for payment of the bond, or part of the bond, in equal shares 25
if the authority-- 26
(a) is satisfied the contributors are responsible for payment of the 27
bond or that part of the bond; but 28
(b) has not been notified, by a rental bond notice or a notice from the 29
contributors, of the amount for which each of the contributors is 30
responsible.'. 31
s 44 38 s 46
Residential Tenancies and Other Legislation
Amendment Bill 2003
44 Insertion of new pt 5, div 2, sdiv 1 hdg
Clause 1
Part 5, after division 2 heading-- 2
insert-- 3
`Subdivision 1--Preliminary'. 4
45 Amendment of s 38 (Application for payment)
Clause 5
Section 38-- 6
insert-- 7
`(2) An application may only direct a payment to be made to the service 8
provider or a contributor for the bond.'. 9
46 Replacement of ss 39-44
Clause 10
Sections 39 to 44-- 11
omit, insert-- 12
`Subdivision 2--Payment of bond if only 1 contributor 13
`39 Application of sdiv 2 14
`This subdivision applies to an application to the authority for payment 15
of a rental bond if there is only 1 contributor for the bond. 16
`40 Joint application by service provider and contributor 17
`If the application is made jointly by the service provider and the 18
contributor, the authority must make each payment directed by the 19
application. 20
`41 Application by service provider 21
`(1) This section applies if the application is made by the service 22
provider only. 23
`(2) If the application directs that a payment be made to the contributor, 24
the authority must make the payment. 25
s 46 39 s 46
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(3) If the application directs that a payment be made to the service 1
provider-- 2
(a) section 44E applies to the directed payment; and 3
(b) the contributor is the interested person for the payment. 4
`42 Application by contributor 5
`(1) This section applies if the application is made by the contributor 6
only. 7
`(2) If the application directs that a payment be made to the service 8
provider, the authority must make the payment. 9
`(3) If the application directs that a payment be made to the 10
contributor-- 11
(a) section 44E applies to the directed payment; and 12
(b) the service provider is the interested person for the payment. 13
`Subdivision 3--Payment of bond if more than 1 contributor 14
`43 Application of sdiv 3 15
`This subdivision applies to an application to the authority for payment 16
of a rental bond if there is more than 1 contributor for the bond. 17
`44 Joint application by service provider and every contributor 18
`If the application is made jointly by the service provider and every 19
contributor, the authority must make each payment directed by the 20
application. 21
`44A Joint application by service provider and some contributors 22
`(1) This section applies if the application is made jointly by the service 23
provider and some, but not all, of the contributors. 24
`(2) If there is only 1 non-applicant contributor and the application 25
directs that a payment be made to the non-applicant contributor, the 26
authority must make the payment. 27
s 46 40 s 46
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(3) If the application directs that payments be made to all of the 1
contributors in the same proportions as their shares of the bond, the 2
authority must make the payments. 3
`(4) If the application directs that each non-applicant contributor be paid 4
his or her entire share of the bond, the authority must make those payments 5
and any other payments directed by the application. 6
`(5) Otherwise-- 7
(a) section 44E applies to a payment directed by the application; and 8
(b) each non-applicant contributor is an interested person for the 9
payment. 10
`(6) In this section-- 11
"non-applicant contributor" means a contributor who is not an applicant. 12
`44B Application by service provider 13
`(1) This section applies if the application is made by the service 14
provider only. 15
`(2) If the application directs that payments be made to all of the 16
contributors in the same proportions as their shares of the bond, the 17
authority must make the payments. 18
`(3) Otherwise-- 19
(a) section 44E applies to a payment directed by the application; and 20
(b) each contributor is an interested person for the payment. 21
`44C Application by every contributor 22
`(1) This section applies if the application is made by every contributor 23
but not jointly with the service provider. 24
`(2) If the application directs that a payment be made to the service 25
provider, the authority must make the payment. 26
`(3) If the application directs that a payment be made to a contributor-- 27
(a) section 44E applies to the directed payment; and 28
(b) the service provider is the interested person for the payment. 29
s 46 41 s 46
Residential Tenancies and Other Legislation
Amendment Bill 2003
`44D Application by some contributors 1
`(1) This section applies if the application is made by some, but not all, 2
of the contributors and not jointly with the service provider. 3
`(2) If the application directs that a payment be made to the service 4
provider-- 5
(a) section 44E applies to the directed payment; and 6
(b) each non-applicant contributor is an interested person for the 7
payment. 8
`(3) If the application directs that a payment be made to a contributor-- 9
(a) section 44E applies to the directed payment; and 10
(b) the service provider and each non-applicant contributor are 11
interested persons for the payment. 12
`(4) In this section-- 13
"non-applicant contributor" means a contributor who is not an applicant. 14
`Subdivision 4--Other matters about payment 15
`44E Payment for which notice must be given 16
`(1) This section concerns a payment, directed by an application for 17
payment of a rental bond, mentioned in any of the following provisions-- 18
· section 41(3) 19
· section 42(3) 20
· section 44A(5) 21
· section 44B(3) 22
· section 44C(3) 23
· section 44D(2) or (3). 24
`(2) The authority must give notice of the application to the interested 25
person or, if there is more than 1 interested person, to each of them. 26
`(3) If there is only 1 interested person, the authority must make the 27
directed payment-- 28
s 46 42 s 46
Residential Tenancies and Other Legislation
Amendment Bill 2003
(a) if the interested person does not make a dispute resolution 1
request to the authority about the payment within 14 days after 2
notice is given under subsection (2); or 3
(b) if a dispute resolution request under paragraph (a) is made but is 4
withdrawn; or 5
(c) if-- 6
(i) a dispute resolution request under paragraph (a) is made; 7
and 8
(ii) the conciliation process ends without a conciliated 9
resolution having been reached; and 10
(iii) the authority gives the interested person a notice about the 11
ending of the conciliation process; and 12
(iv) either-- 13
(A) the interested person does not apply to a tribunal for an 14
order about the payment, and give the authority a 15
notice informing it of the application, within 7 days 16
after the notice under subparagraph (iii) is given; or 17
(B) an application to a tribunal under 18
sub-subparagraph (A) is made but is withdrawn. 19
`(4) If there is more than 1 interested person, the authority must make the 20
directed payment-- 21
(a) if none of the interested persons makes a dispute resolution 22
request to the authority about the payment within 14 days after 23
notice is given under subsection (2); or 24
(b) if 1 or more dispute resolution requests under paragraph (a) are 25
made but all are withdrawn; or 26
(c) if-- 27
(i) 1 or more dispute resolution requests under paragraph (a) 28
are made; and 29
(ii) the conciliation process ends without a conciliated 30
resolution having been reached; and 31
(iii) the authority gives the interested person or persons who 32
made the dispute resolution request a notice about the 33
ending of the conciliation process; and 34
s 47 43 s 48
Residential Tenancies and Other Legislation
Amendment Bill 2003
(iv) either-- 1
(A) none of the interested persons applies to a tribunal for 2
an order about the payment, and gives the authority a 3
notice informing it of the application, within 7 days 4
after the notice under subparagraph (iii) is given; or 5
(B) 1 or more applications to a tribunal under 6
sub-subparagraph (A) are made but all are withdrawn. 7
`(5) In this section-- 8
"interested person", for a payment mentioned in a notice provision, 9
means a person stated in the provision to be an interested person for 10
the payment. 11
"notice provision" means a provision mentioned in subsection (1).'. 12
47 Amendment of s 46 (Payment to rental bond supplier)
Clause 13
(1) Section 46(1)(a), `the resident; but'-- 14
omit, insert-- 15
`a contributor for the bond; and'. 16
(2) Section 46(1)(b), `resident'-- 17
omit, insert-- 18
`contributor'. 19
(3) Section 46(2), `and not the resident'-- 20
omit, insert-- 21
`instead of the contributor'. 22
48 Replacement of s 48 (Discontinuance of application for payment)
Clause 23
Section 48-- 24
omit, insert-- 25
`48 Withdrawal of application 26
`(1) This section applies to an application to the authority for the 27
payment of a rental bond. 28
s 49 44 s 50
Residential Tenancies and Other Legislation
Amendment Bill 2003
`(2) If there is only 1 applicant and the application is withdrawn before 1
the authority makes a payment directed by it, the authority must stop 2
dealing with it. 3
`(3) For an application with 2 or more applicants-- 4
(a) if all of the applicants withdraw before the authority makes a 5
payment directed by the application, the authority must stop 6
dealing with it; or 7
(b) if 1 or more, but not all, of the applicants withdraw before the 8
authority makes a payment directed by the application, the 9
authority must deal with it as an application made by the 10
remaining applicants.'. 11
49 Amendment of s 105 (Conciliation agreement)
Clause 12
Section 105(1), `tenancy dispute'-- 13
omit, insert-- 14
`service dispute'. 15
50 Insertion of new s 140
Clause 16
After section 139-- 17
insert-- 18
`140 Transitional provision for Residential Tenancies and Other 19
Legislation Amendment Act 2003 20
`(1) This section applies to an application to the authority for payment of 21
a rental bond if-- 22
(a) the application was given to the authority before the 23
commencement day; and 24
(b) immediately before the commencement day, the authority had 25
not finally dealt with the application. 26
`(2) The authority must continue to deal with the application under 27
part 5, division 2 as in force before the commencement day. 28
`(3) In this section-- 29
"commencement day" means the day the Residential Tenancies and Other 30
Legislation Amendment Act 2003, section 46, commences.'. 31
s 51 45 s 51
Residential Tenancies and Other Legislation
Amendment Bill 2003
51 Amendment of schedule (Dictionary)
Clause 1
(1) Schedule, definitions "allowed period", "rental bond contributor" and 2
"replacement coresident"-- 3
omit. 4
(2) Schedule-- 5
insert-- 6
` "contributor", for a rental bond, see section 29. 7
"share", of a rental bond, see section 29A(2).'. 8
46
Residential Tenancies and Other Legislation
Amendment Bill 2003
SCHEDULE 1
AMENDMENTS OF RESIDENTIAL TENANCIES 2
ACT 1994 3
section 3 4
1 Section 38A(1), after `lessor'-- 5
insert-- 6
`or lessor's agent'. 7
2 Section 39(1), after `lessor'-- 8
insert-- 9
`or lessor's agent'. 10
3 Section 42(1), (2) and (3A), after `lessor'-- 11
insert-- 12
`or lessor's agent'. 13
4 Section 42(3), after `lessor', first mention-- 14
insert-- 15
`or lessor's agent'. 16
5 Section 42(3)(b), after `lessor'-- 17
insert-- 18
`or agent'. 19
47
Residential Tenancies and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
6 Section 42(6), after `lessor', first mention-- 1
insert-- 2
`or lessor's agent'. 3
7 Section 42(6)(a), `lessor's'-- 4
omit. 5
8 Section 42A(2), after `lessor', first mention-- 6
insert-- 7
`or lessor's agent'. 8
9 Section 42A(2)(b), after `lessor'-- 9
insert-- 10
`or agent'. 11
10 Section 42A(2)(c)(i), `lessor's'-- 12
omit. 13
11 Section 42A(3), after `lessor'-- 14
insert-- 15
`or lessor's agent'. 16
12 Section 43(1), after `lessor'-- 17
insert-- 18
`or lessor's agent'. 19
48
Residential Tenancies and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
13 Section 44(2), after `lessor'-- 1
insert-- 2
`or lessor's agent'. 3
14 Section 45, after `lessor'-- 4
insert-- 5
`or lessor's agent'. 6
15 Section 49(1) and (2), after `lessor'-- 7
insert-- 8
`or lessor's agent'. 9
16 Section 50(5), after `lessor'-- 10
insert-- 11
`or lessor's agent'. 12
17 Section 51(1), after `lessor'-- 13
insert-- 14
`or lessor's agent'. 15
18 Section 51(2)-- 16
omit. 17
19 Section 51(3)-- 18
renumber as section 51(2). 19
49
Residential Tenancies and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
20 Section 76(1), `lessor or lessor's agent'-- 1
omit, insert-- 2
`person'. 3
21 Section 87(4), after `lessor'-- 4
insert-- 5
`or prospective lessor's agent'. 6
22 Section 87(4), `enter'-- 7
omit, insert-- 8
`ensure the prospective lessor enters'. 9
23 Section 87-- 10
insert-- 11
`(6) Sections 14A and 14B apply to this section as if a reference in the
8
12
sections to the lessor were a reference to the prospective lessor.'. 13
24 Section 95A, after `lessor'-- 14
insert-- 15
`or lessor's agent'. 16
25 Section 96(2), after `lessor'-- 17
insert-- 18
`or lessor's agent'. 19
8 Sections 14A (Provision stating that lessor or lessor's agent must do something) and
14B (Lessor's agent)
50
Residential Tenancies and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
26 Section 116 (1), after `lessor', first mention-- 1
insert-- 2
`or lessor's agent'. 3
27 Section 116 (2), after `lessor'-- 4
insert-- 5
`or lessor's agent'. 6
28 Section 116(3), `lessor's agent'-- 7
omit, insert-- 8
`agent mentioned in subsection (1)(b)'. 9
29 Section 130A, after `lessor'-- 10
insert-- 11
`or lessor's agent'. 12
30 Section 142(1)-- 13
omit, insert-- 14
`(1) The lessor or lessor's agent must not require the tenant to buy goods 15
or services from the lessor, the lessor's agent or a person nominated by the 16
lessor or agent (the "nominated supplier"). 17
Maximum penalty--20 penalty units.'. 18
31 Section 142(2), after `lessor', first mention-- 19
insert-- 20
`or lessor's agent'. 21
51
Residential Tenancies and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
32 Section 142(2), after `lessor', third mention-- 1
insert-- 2
`, agent'. 3
33 Section 146, after `lessor', first mention-- 4
insert-- 5
`or lessor's agent'. 6
34 Section 147(3) and (4), after `lessor'-- 7
insert-- 8
`or lessor's agent'. 9
35 Section 230A(6), after `lessor', first mention-- 10
insert-- 11
`or the former lessor's agent'. 12
36 Section 230A(6), after `lessor', second mention-- 13
insert-- 14
`or agent'. 15
37 Section 230A(7), after `lessor', first mention-- 16
insert-- 17
`or the former lessor's agent'. 18
38 Section 230A(7), after `lessor', second and third mentions-- 19
insert-- 20
`or agent'. 21
52
Residential Tenancies and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
39 Section 230A(11), after `lessor', first mention-- 1
insert-- 2
`or the former lessor's agent'. 3
40 Section 230A(11), after `lessor', second mention-- 4
insert-- 5
`or agent'. 6
41 Section 230B(2), after `lessor'-- 7
insert-- 8
`(the "former lessor") or who is the former lessor's agent'. 9
42 Section 230B(2)(a) and (b), `person'-- 10
omit, insert-- 11
`former lessor or agent'. 12
43 Section 230B(3), `person', first mention-- 13
omit, insert-- 14
`former lessor or the former lessor's agent'. 15
44 Section 230B(3), `person', second mention-- 16
omit, insert-- 17
`former lessor or agent'. 18
© State of Queensland 2003
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