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Queensland
Residential Tenancies and
Rooming Accommodation and
Other Legislation Amendment
Bill 2013
Queensland
Residential Tenancies and Rooming
Accommodation and Other Legislation
Amendment Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Residential Tenancies and Rooming
Accommodation Act 2008
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Amendment of s 91 (Rent increases) . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 92 (Tenant's application to tribunal about rent
increase) ........................................ 7
6 Amendment of s 93 (Minimum period before rent can be
increased) .................................... 7
7 Amendment of s 185 (Lessor's obligations generally) . . . . . . . . . 8
8 Amendment of s 290 (Notice to leave if tenant's entitlement
under affordable housing scheme) . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Insertion of new s 290A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
290A Notice to leave because of serious breach. . . . . . . . . 8
10 Amendment of s 296 (Application for termination for damage or
injury) .......................................... 10
11 Insertion of new s 296A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
296A Application for termination for damage or injury in
public or community housing . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 297 (Application for termination for tenant's
objectionable behaviour) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Insertion of new s 297A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
297A Application for termination for objectionable
behaviour in public or community housing . . . . . . . . . 12
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Contents
14 Amendment of s 329 (Handover day for notice to leave for
premises that are not moveable dwelling premises). . . . . . . . . . . 13
15 Amendment of s 340 (Failure to leave for other grounds) . . . . . . 13
16 Amendment of s 345 (Objectionable behaviour) . . . . . . . . . . . . . 13
17 Insertion of new s 345A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
345A Objectionable behaviour in public or community
housing ................................ 14
18 Insertion of new s 349A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
349A How tribunal must deal with public or community
housing tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 415 (Meaning of urgent application) . . . . . . . . . 16
20 Insertion of new ch 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Chapter 13A Matters relating to particular leases by the
State and community housing providers
527A Definitions for ch 13A . . . . . . . . . . . . . . . . . . . . . . . . . 16
527B What is a community housing provider. . . . . . . . . . . . 17
527C Replacement of standard and special terms for
certain tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
527D Acceptable behaviour agreements for tenants . . . . . . 19
527E Application for termination relating to acceptable
behaviour agreement . . . . . . . . . . . . . . . . . . . . . . . . . 21
527F State may charge bonds and service charges under
existing State tenancy agreements . . . . . . . . . . . . . . 22
21 Amendment of ch 14, pt 2, hdg (Savings and transitional
provisions) ...................................... 23
22 Insertion of new ch 14, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 3 Savings and transitional provisions for
Residential Tenancies and Rooming
Accommodation and Other Legislation
Amendment Act 2013
553 Certain sections not to apply to community housing
providers on assent . . . . . . . . . . . . . . . . . . . . . . . . . . 23
554 Notices given, and proceedings started, by the State 24
555 Notices given, and proceedings started, by the tenant 24
556 Applications by the State or community housing
providers for particular termination orders . . . . . . . . . 25
557 Transitional regulation-making power . . . . . . . . . . . . . 25
23 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26
Page 2
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Contents
Part 3 Amendment of Queensland Building and Construction
Commission Act 1991
24 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
25 Replacement of s 42 (Unlawful carrying out of building work) . . . 27
42 Unlawful carrying out of building work . . . . . . . . . . . . 27
26 Amendment of s 67K (Limits for retention amounts and
securities for building contracts other than subcontracts) . . . . . . 28
27 Amendment of s 67L (Limits for retention amounts and
securities for subcontracts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28 Amendment of s 83 (Proceeding in tribunal stops action by
commission) ..................................... 29
29 Amendment of s 84 (Tribunal to decide about rectification or
completion work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Amendment of sch 1 (Transitional and validating provisions). . . . 30
Part 10 Transitional provision for Residential
Tenancies and Rooming Accommodation and
Other Legislation Amendment Act 2013
52 Application of s 42 (Unlawful carrying out of building
work) .................................. 30
31 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Schedule 1A Exemptions from requirement to hold
contractor's licence
1 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2 Subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3 Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4 Owner-builders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5 Design work by landscape architects . . . . . . . . . . . . . 33
6 Consumers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
7 Other licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
8 Head contracts to carry out building work . . . . . . . . . 34
9 Tenders and offers . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
10 Public-private partnerships. . . . . . . . . . . . . . . . . . . . . 35
11 Prescribed government projects. . . . . . . . . . . . . . . . . 36
32 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 37
Part 4 Amendment of Guide, Hearing and Assistance Dogs Act
2009
33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
34 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 39
Page 3
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Contents
35 Amendment of pt 2, hdg (Guide, hearing and assistance dogs in
public places and public passenger vehicles) . . . . . . . . . . . . . . . 39
36 Amendment of s 6 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . . . 39
37 Amendment of s 8 (People with a disability may be accompanied
by their guide, hearing and assistance dogs) . . . . . . . . . . . . . . . . 40
38 Amendment of s 9 (Trainers and puppy carers may be
accompanied by guide, hearing, assistance and trainee support
dogs) ......................................... 40
39 Amendment of pt 2, div 3, hdg (Obligations of persons exercising
control of public places and public passenger vehicles). . . . . . . . 41
40 Amendment of s 11 (Who is a person exercising control of a
public place or public passenger vehicle) . . . . . . . . . . . . . . . . . . . 41
41 Amendment of s 12 (Identification procedure for handlers and
trainers) ...................................... 41
42 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
12A Obligations of persons exercising control of places of
accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
43 Amendment of s 13 (Obligations of persons exercising control of
public places and public passenger vehicles) . . . . . . . . . . . . . . . 43
44 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 5 Minor amendments
45 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Residential Tenancies and Rooming Accommodation Act 2008 . 45
Page 4
2013
A Bill
for
An Act to amend the Residential Tenancies and Rooming
Accommodation Act 2008, the Queensland Building and
Construction Commission Act 1991 and the Guide, Hearing and
Assistance Dogs Act 2009 for particular purposes
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Residential Tenancies and 4
Rooming Accommodation and Other Legislation Amendment 5
Act 2013. 6
Clause 2 Commencement 7
This Act, other than the following provisions, commences on 8
a day to be fixed by proclamation-- 9
(a) part 2, heading; 10
(b) section 3; 11
(c) sections 8 to 19; 12
(d) section 20, to the extent it inserts chapter 13A, heading 13
and new sections 527A, 527B, 527D and 527E; 14
(e) section 21; 15
(f) section 22, to the extent it inserts chapter 14, part 3, 16
heading and new sections 553(1) and 556; 17
(g) section 23; 18
(h) part 5; 19
(i) the schedule. 20
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 3]
Part 2 Amendment of Residential 1
Tenancies and Rooming 2
Accommodation Act 2008 3
Clause 3 Act amended 4
This part amends the Residential Tenancies and Rooming 5
Accommodation Act 2008. 6
Note-- 7
See also the amendments in the schedule. 8
Clause 4 Amendment of s 91 (Rent increases) 9
Section 91(9)-- 10
insert-- 11
(c) the lessor is the replacement lessor under a 12
community housing provider tenancy 13
agreement. 14
Clause 5 Amendment of s 92 (Tenant's application to tribunal 15
about rent increase) 16
Section 92(6)-- 17
insert-- 18
(c) the lessor is the replacement lessor under a 19
community housing provider tenancy 20
agreement. 21
Clause 6 Amendment of s 93 (Minimum period before rent can be 22
increased) 23
Section 93(6)-- 24
insert-- 25
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 7]
(c) the lessor is the replacement lessor under a 1
community housing provider tenancy 2
agreement. 3
Clause 7 Amendment of s 185 (Lessor's obligations generally) 4
Section 185(4)(a)-- 5
omit, insert-- 6
(a) the lessor is-- 7
(i) the State; or 8
(ii) the replacement lessor under a 9
community housing provider tenancy 10
agreement; and 11
Clause 8 Amendment of s 290 (Notice to leave if tenant's 12
entitlement under affordable housing scheme) 13
Section 290, heading, after `scheme'-- 14
insert-- 15
ends 16
Clause 9 Insertion of new s 290A 17
After section 290-- 18
insert-- 19
290A Notice to leave because of serious breach 20
(1) The lessor may give a notice to leave the 21
premises to the tenant if the lessor reasonably 22
believes the tenant, an occupant, a guest of the 23
tenant or a person allowed on the premises by the 24
tenant has-- 25
(a) used the premises or any property adjoining 26
or adjacent to the premises (including any 27
property that is available for use by the 28
Page 8
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 9]
tenant in common with others) for an illegal 1
activity; or 2
(b) intentionally or recklessly-- 3
(i) destroyed or seriously damaged a part 4
of the premises; or 5
(ii) endangered another person in the 6
premises or a person occupying, or 7
allowed on, premises nearby; or 8
(iii) interfered with the reasonable peace, 9
comfort or privacy of another tenant or 10
another tenant's appropriate use of the 11
other tenant's premises. 12
(2) A notice to leave under this section is called a 13
notice to leave for serious breach. 14
(3) A lessor may form a reasonable belief that 15
premises or property has been used for an illegal 16
activity whether or not the tenant has been 17
convicted or found guilty of an offence in relation 18
to the activity. 19
(4) In this section-- 20
lessor means-- 21
(a) the chief executive of the department in 22
which the Housing Act 2003 is 23
administered, acting on behalf of the State; 24
or 25
(b) a community housing provider. 26
Note-- 27
See section 329(2)(ia) (Handover day for notice to leave 28
for premises that are not moveable dwelling premises) 29
for requirements about the handover day for a notice to 30
leave given because of serious breach. 31
Page 9
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 10]
Clause 10 Amendment of s 296 (Application for termination for 1
damage or injury) 2
Section 296, after subsection (4) and before the editor's note-- 3
insert-- 4
(5) In this section-- 5
lessor does not include-- 6
(a) the chief executive of the department in 7
which the Housing Act 2003 is 8
administered, acting on behalf of the State; 9
or 10
(b) a community housing provider. 11
Clause 11 Insertion of new s 296A 12
After section 296-- 13
insert-- 14
296A Application for termination for damage or 15
injury in public or community housing 16
(1) The lessor may apply to a tribunal for a 17
termination order because the tenant, an 18
occupant, a guest of the tenant or a person 19
allowed on the premises by the tenant, has 20
intentionally or recklessly caused, or is likely to 21
intentionally or recklessly cause-- 22
(a) serious damage to the premises; or 23
(b) injury to-- 24
(i) the lessor, the lessor's agent or 25
someone else allowed on the premises; 26
or 27
(ii) a person occupying, or allowed on, 28
premises nearby. 29
(2) However, the lessor may not make an application 30
about injury to a person if the person is-- 31
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 12]
(a) the spouse of the tenant occupying the 1
premises with the tenant; or 2
(b) a cotenant whose spouse is the other, or 3
another, cotenant. 4
(3) An application under this section about damage 5
to premises is called an application made because 6
of damage. 7
(4) An application under this section about injury to 8
a person is called an application made because of 9
injury. 10
(5) In this section-- 11
lessor means-- 12
(a) the chief executive of the department in 13
which the Housing Act 2003 is 14
administered, acting on behalf of the State; 15
or 16
(b) a community housing provider. 17
Clause 12 Amendment of s 297 (Application for termination for 18
tenant's objectionable behaviour) 19
Section 297, after subsection (2) and before the editor's note-- 20
insert-- 21
(3) In this section-- 22
lessor does not include-- 23
(a) the chief executive of the department in 24
which the Housing Act 2003 is 25
administered, acting on behalf of the State; 26
or 27
(b) a community housing provider. 28
Clause 13 Insertion of new s 297A 29
After section 297-- 30
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 13]
insert-- 1
297A Application for termination for objectionable 2
behaviour in public or community housing 3
(1) The lessor may apply to a tribunal for a 4
termination order because the tenant, an 5
occupant, a guest of the tenant or a person 6
allowed on the premises by the tenant-- 7
(a) has harassed, intimidated or verbally 8
abused-- 9
(i) the lessor or lessor's agent; or 10
(ii) a person occupying, or allowed on, 11
premises nearby; or 12
(b) is causing, or has caused, a serious nuisance 13
to persons occupying premises nearby; or 14
(c) has intentionally or recklessly endangered 15
another person at the premises or interfered 16
with the reasonable peace, comfort or 17
privacy of a person occupying premises 18
nearby. 19
(2) An application under this section is called an 20
application made because of objectionable 21
behaviour. 22
(3) In this section-- 23
lessor means-- 24
(a) the chief executive of the department in 25
which the Housing Act 2003 is 26
administered, acting on behalf of the State; 27
or 28
(b) a community housing provider. 29
Note-- 30
See sections 335(1) (Applications for termination 31
orders) and 345A (Objectionable behaviour in public or 32
community housing) for other provisions about the 33
application. 34
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 14]
Clause 14 Amendment of s 329 (Handover day for notice to leave for 1
premises that are not moveable dwelling premises) 2
(1) Section 329(2)(i), `2 months'-- 3
omit, insert-- 4
1 month 5
(2) Section 329(2)-- 6
insert-- 7
(ia) if the notice is given because of serious 8
breach--7 days after the notice is given; or 9
Clause 15 Amendment of s 340 (Failure to leave for other grounds) 10
Section 340(1)(b)-- 11
insert-- 12
(viii)ending of housing assistance; 13
(ix) serious breach. 14
Clause 16 Amendment of s 345 (Objectionable behaviour) 15
(1) Section 345, heading, after `behaviour'-- 16
insert-- 17
other than in public or community housing 18
(2) Section 345-- 19
insert-- 20
(4) In this section-- 21
applicant does not include-- 22
(a) the chief executive of the department in 23
which the Housing Act 2003 is 24
administered, acting on behalf of the State; 25
or 26
(b) a community housing provider. 27
Page 13
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 17]
Clause 17 Insertion of new s 345A 1
After section 345-- 2
insert-- 3
345A Objectionable behaviour in public or 4
community housing 5
(1) If an application is made to a tribunal for a 6
termination order because of objectionable 7
behaviour, the tribunal may make the order if it is 8
satisfied-- 9
(a) the applicant has established the ground of 10
the application; and 11
(b) the behaviour justifies terminating the 12
agreement. 13
(2) In deciding if the behaviour justifies terminating 14
the agreement, the tribunal may have regard to-- 15
(a) whether the behaviour was recurrent and, if 16
it was recurrent, the frequency of the 17
recurrences; and 18
(b) for behaviour in the form of harassment, 19
intimidation or verbal abuse--its 20
seriousness; and 21
(c) for behaviour in the form of intentional or 22
reckless endangerment--its seriousness; 23
and 24
(d) for behaviour in the form of interference 25
with a person's reasonable peace, comfort or 26
privacy--its seriousness. 27
(3) Also, in deciding if the behaviour justifies 28
terminating the agreement, the tribunal must 29
have regard to-- 30
(a) any serious or adverse effects on 31
neighbouring residents or other persons, 32
including whether neighbouring residents or 33
other persons are likely to be subjected to 34
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 18]
objectionable behaviour if the agreement is 1
not terminated; and 2
(b) any evidence regarding the tenancy history 3
of the tenant; and 4
(c) if the tenant is a tenant under a State tenancy 5
agreement-- 6
(i) the department's responsibility to other 7
tenants; and 8
(ii) the needs of persons awaiting housing 9
assistance from the State. 10
(4) Subsections (2) and (3) do not limit the issues to 11
which the tribunal may have regard. 12
(5) In this section-- 13
applicant means-- 14
(a) the chief executive of the department in 15
which the Housing Act 2003 is 16
administered, acting on behalf of the State; 17
or 18
(b) a community housing provider. 19
State tenancy agreement means a residential 20
tenancy agreement under which the lessor is the 21
chief executive of the department in which the 22
Housing Act 2003 is administered, acting on 23
behalf of the State. 24
Clause 18 Insertion of new s 349A 25
Chapter 5, part 1, division 6-- 26
insert-- 27
349A How tribunal must deal with public or 28
community housing tenant 29
(1) This section applies if an application is made to a 30
tribunal for a termination order by-- 31
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 19]
(a) the chief executive of the department in 1
which the Housing Act 2003 is 2
administered, acting on behalf of the State; 3
or 4
(b) a community housing provider. 5
(2) The tribunal must not refuse to terminate the 6
tenancy merely because the tenant is a tenant of 7
the chief executive or a community housing 8
provider. 9
Clause 19 Amendment of s 415 (Meaning of urgent application) 10
Section 415(1)-- 11
insert-- 12
(h) failure to enter into acceptable behaviour 13
agreement; or 14
(i) serious or persistent breach of acceptable 15
behaviour agreement. 16
Clause 20 Insertion of new ch 13A 17
After chapter 13-- 18
insert-- 19
Chapter 13A Matters relating to 20
particular leases by 21
the State and 22
community housing 23
providers 24
527A Definitions for ch 13A 25
In this chapter-- 26
Page 16
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 20]
antisocial behaviour includes making excessive 1
noise, littering, dumping cars, vandalism and 2
defacing property. 3
community housing provider, for a tenancy, see 4
section 527B. 5
community housing provider tenancy 6
agreement means an existing State tenancy 7
agreement for which an entity has become the 8
replacement lessor under section 527C. 9
community housing service is a social housing 10
service that is not public housing. 11
existing State tenancy agreement see section 12
527C. 13
public housing is a social housing service 14
provided directly by the State. 15
replacement lessor see section 527C. 16
replacement terms see section 527C. 17
social housing service is a service for providing 18
housing to an individual for residential use, other 19
than housing provided to an individual under 20
NRAS. 21
527B What is a community housing provider 22
An entity is a community housing provider for a 23
particular tenancy only if the entity-- 24
(a) has received, or is receiving, funding under 25
the Housing Act 2003 to provide a 26
community housing service for that tenancy; 27
and 28
(b) is providing a community housing service 29
for that tenancy. 30
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 20]
Example-- 1
An entity is lessor of 1 Smith Street and has received funding 2
under the Housing Act 2003 to provide a community housing 3
service for that tenancy. The entity is also lessor for 2 Smith 4
Street but has not received funding under the Housing Act 5
2003 to provide a community housing service for that tenancy. 6
The entity is not a community housing provider for 2 Smith 7
Street but is a community housing provider for 1 Smith Street 8
while it is providing a community housing service with 9
funding received under the Housing Act 2003. 10
527C Replacement of standard and special terms 11
for certain tenancies 12
(1) This section applies if-- 13
(a) under a residential tenancy agreement (the 14
existing State tenancy agreement) the 15
lessor is the State; and 16
(b) the State enters into a concurrent lease with 17
an entity; and 18
(c) because of the concurrent lease the entity 19
becomes the lessor (the replacement lessor) 20
under the existing State tenancy agreement. 21
(2) The standard and special terms applying to the 22
existing State tenancy agreement are taken to be 23
replaced by the terms prescribed under a 24
regulation (the replacement terms) from the time 25
the entity becomes the replacement lessor. 26
(3) The replacement terms may also change a part of 27
the agreement other than the standard and special 28
terms. 29
(4) Without limiting subsection (3), the existing 30
State tenancy agreement may be changed in the 31
way stated in the replacement terms so that the 32
replacement lessor has a right to do any of the 33
following-- 34
(a) require the tenant to pay a rental bond; 35
Page 18
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 20]
(b) state the way in which the bond must be 1
paid by the tenant; 2
(c) require the tenant to pay stated service 3
charges; 4
(d) state the apportionment of the cost for the 5
service charges payable by the tenant 6
(where the premises are not individually 7
metered for a service); 8
(e) state the way in which service charges must 9
be paid by the tenant. 10
(5) As changed by the replacement terms, the 11
existing State tenancy agreement continues in 12
force. 13
(6) As soon as practicable after an entity becomes 14
the replacement lessor under an existing State 15
tenancy agreement, the entity must give to the 16
tenant-- 17
(a) a written notice stating-- 18
(i) that the entity has become the 19
replacement lessor; and 20
(ii) that the rent must be paid to the 21
replacement lessor; and 22
(iii) the way in which the rent is to be paid; 23
and 24
(iv) if the amount of the rent payable has 25
changed--the new amount payable; 26
and 27
(b) a copy of the replacement terms. 28
527D Acceptable behaviour agreements for 29
tenants 30
(1) The lessor may, by written notice given to the 31
tenant, require the tenant to give a written 32
undertaking (an acceptable behaviour 33
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[s 20]
agreement), in the terms stated in the notice, not 1
to engage in stated antisocial behaviour on any of 2
the following-- 3
(a) the premises to which the agreement relates; 4
(b) any property adjoining or adjacent to the 5
premises (including any property that is 6
available for use by the tenant in common 7
with others). 8
(2) The operation of an acceptable behaviour 9
agreement extends to the behaviour of an 10
occupant, a guest of the tenant or a person 11
allowed on the premises by the tenant (each a 12
person allowed on the premises). 13
(3) If the tenant or a person allowed on the premises 14
engages in any antisocial behaviour stated in the 15
agreement, the tenant is taken to have breached 16
the agreement. 17
(4) The lessor may require a tenant to enter into an 18
acceptable behaviour agreement for premises 19
only if the lessor is of the opinion that the tenant 20
or a person allowed on the premises has engaged, 21
or is likely to engage, in antisocial behaviour on 22
the premises or any property adjoining or 23
adjacent to the premises (including any property 24
that is available for use by the tenant in common 25
with others). 26
(5) The lessor's opinion under subsection (4) must be 27
based on-- 28
(a) the history of the tenancy concerned; or 29
(b) the history of any prior tenancy entered into 30
by the tenant and the lessor. 31
(6) A notice under subsection (1) must inform the 32
tenant of the lessor's right to apply to the tribunal 33
under section 527E. 34
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[s 20]
(7) An acceptable behaviour agreement is of no 1
effect unless the lessor has given the tenant the 2
information required under subsection (6). 3
(8) In this section-- 4
lessor means-- 5
(a) the chief executive of the department in 6
which the Housing Act 2003 is 7
administered, acting on behalf of the State; 8
or 9
(b) a community housing provider. 10
527E Application for termination relating to 11
acceptable behaviour agreement 12
(1) The lessor may apply to the tribunal for a 13
termination order if-- 14
(a) the tenant fails or refuses to enter into an 15
acceptable behaviour agreement as required; 16
or 17
(b) the tenant, after entering into an acceptable 18
behaviour agreement, seriously or 19
persistently breaches the terms of the 20
agreement. 21
(2) An application under this section about the 22
failure or refusal to enter into an acceptable 23
behaviour agreement is called an application 24
made because of failure to enter into acceptable 25
behaviour agreement. 26
(3) An application under this section about seriously 27
or persistently breaching the terms of an 28
agreement is called an application made because 29
of serious or persistent breach of acceptable 30
behaviour agreement. 31
(4) In this section-- 32
lessor means-- 33
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[s 20]
(a) the chief executive of the department in 1
which the Housing Act 2003 is 2
administered, acting on behalf of the State; 3
or 4
(b) a community housing provider. 5
527F State may charge bonds and service charges 6
under existing State tenancy agreements 7
(1) This section applies to a residential tenancy 8
agreement for which the lessor is the State. 9
(2) The agreement may be changed in the way 10
decided by the chief executive so that the State 11
has a right to do any of the following-- 12
(a) require the tenant to pay a rental bond; 13
(b) require the bond to be paid by the tenant in a 14
particular way; 15
(c) require the tenant to pay stated service 16
charges; 17
(d) decide the apportionment of the cost for the 18
service charges payable by the tenant 19
(where the premises are not individually 20
metered for a service); 21
(e) require the service charges to be paid by the 22
tenant in a particular way. 23
(3) The chief executive must give a tenant required to 24
pay a bond or service charge written notice of the 25
changes to the agreement. 26
(4) A change takes effect on the date stated in the 27
written notice of the change given to the tenant. 28
(5) In this section-- 29
chief executive means the chief executive of the 30
department in which the Housing Act 2003 is 31
administered. 32
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Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 21]
Clause 21 Amendment of ch 14, pt 2, hdg (Savings and transitional 1
provisions) 2
Chapter 14, part 2, heading, after `provisions'-- 3
insert-- 4
for Act No. 73 of 2008 5
Clause 22 Insertion of new ch 14, pt 3 6
Chapter 14-- 7
insert-- 8
Part 3 Savings and 9
transitional provisions 10
for Residential 11
Tenancies and 12
Rooming 13
Accommodation and 14
Other Legislation 15
Amendment Act 2013 16
553 Certain sections not to apply to community 17
housing providers on assent 18
(1) The following sections do not apply to a lessor 19
that is a community housing provider until the 20
commencement of subsection (2)-- 21
(a) section 290A; 22
(b) sections 296(5), 296A, 297(3) and 297A; 23
(c) section 329(2)(ia); 24
(d) section 340(1)(b)(ix); 25
(e) section 345(4) and 345A; 26
(f) section 349A; 27
(g) section 415(1)(h) and (i); 28
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 22]
(h) section 527D and 527E. 1
(2) This section expires on the day after the 2
commencement of this subsection. 3
Note-- 4
On the day that subsection (2) is commenced by 5
proclamation all the sections listed in subsection (1) 6
start to apply to community housing providers. 7
554 Notices given, and proceedings started, by the 8
State 9
(1) This section applies if-- 10
(a) the State gives a tenant a notice or starts a 11
proceeding under this Act in relation to an 12
existing State tenancy agreement; and 13
(b) an entity becomes the replacement lessor 14
under section 527C; and 15
(c) at the time the entity becomes the 16
replacement lessor action is pending under 17
the notice or proceeding. 18
(2) The replacement lessor-- 19
(a) is taken to have given the notice or started 20
the proceeding; and 21
(b) may continue action under this Act against 22
the tenant in relation to the notice or 23
proceeding in place of the State. 24
555 Notices given, and proceedings started, by the 25
tenant 26
(1) This section applies if-- 27
(a) a tenant gives a notice or starts a proceeding 28
under this Act in relation to an existing State 29
tenancy agreement; and 30
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 22]
(b) an entity becomes the replacement lessor 1
under section 527C; and 2
(c) at the time the entity becomes the 3
replacement lessor action is pending under 4
the notice or proceeding. 5
(2) The replacement lessor is taken to have received 6
the notice or to be a party to the proceeding in 7
place of the State. 8
(3) The tenant may continue action under this Act 9
against the replacement lessor in relation to the 10
notice or proceeding. 11
556 Applications by the State or community 12
housing providers for particular termination 13
orders 14
(1) This section applies if the State or a community 15
housing provider applies to a tribunal for a 16
termination order because of objectionable 17
behaviour under section 345-- 18
(a) for the State--before the commencement of 19
section 345(4); or 20
(b) for a community housing provider--before 21
section 345(4) applies to a community 22
housing provider. 23
(2) The application must be decided under section 24
345 despite section 345(4). 25
Note-- 26
See section 553 regarding the time from which section 27
345(4) applies to a community housing provider. 28
557 Transitional regulation-making power 29
(1) A regulation (a transitional regulation) may 30
make provision about a matter for which-- 31
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 2 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 23]
(a) it is necessary to make provision to allow or 1
facilitate anything relating to an entity 2
becoming the replacement lessor under an 3
existing State tenancy agreement; and 4
(b) this Act does not make provision or 5
sufficient provision. 6
(2) A transitional regulation may have retrospective 7
operation to a day not earlier than the day this 8
section commences. 9
(3) A transitional regulation must declare it is a 10
transitional regulation. 11
(4) This section and any transitional regulation 12
expire 1 year after the commencement of this 13
section. 14
Clause 23 Amendment of sch 2 (Dictionary) 15
Schedule 2-- 16
insert-- 17
antisocial behaviour, for chapter 13A, see 18
section 527A. 19
community housing provider see section 527A. 20
community housing provider tenancy 21
agreement see section 527A. 22
community housing service, for chapter 13A, see 23
section 527A. 24
existing State tenancy agreement see section 25
527A. 26
failure to enter into acceptable behaviour 27
agreement, for an application for a termination 28
order, see section 527E. 29
public housing, for chapter 13A, see section 30
527A. 31
replacement lessor see section 527A. 32
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 24]
replacement terms, for chapter 13A, see section 1
527A. 2
serious breach, for a notice to leave, see section 3
290A(2). 4
serious or persistent breach of acceptable 5
behaviour agreement, for an application for a 6
termination order, see section 527E. 7
social housing service, for chapter 13A, see 8
section 527A. 9
Part 3 Amendment of Queensland 10
Building and Construction 11
Commission Act 1991 12
Clause 24 Act amended 13
This part amends the Queensland Building and Construction 14
Commission Act 1991. 15
Clause 25 Replacement of s 42 (Unlawful carrying out of building 16
work) 17
Section 42-- 18
omit, insert-- 19
42 Unlawful carrying out of building work 20
(1) A person must not carry out, or undertake to 21
carry out, building work unless the person holds a 22
contractor's licence of the appropriate class under 23
this Act. 24
Maximum penalty--250 penalty units. 25
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 26]
(2) However, subsection (1) does not apply to a 1
person to the extent that the person is exempt 2
under schedule 1A. 3
(3) Subject to subsection (4), a person who carries 4
out building work in contravention of this section 5
is not entitled to any monetary or other 6
consideration for doing so. 7
(4) A person is not stopped under subsection (3) 8
from claiming reasonable remuneration for 9
carrying out building work, but only if the 10
amount claimed-- 11
(a) is not more than the amount paid by the 12
person in supplying materials and labour for 13
carrying out the building work; and 14
(b) does not include allowance for any of the 15
following-- 16
(i) the supply of the person's own labour; 17
(ii) the making of a profit by the person for 18
carrying out the building work; 19
(iii) costs incurred by the person in 20
supplying materials and labour if, in 21
the circumstances, the costs were not 22
reasonably incurred; and 23
(c) is not more than any amount agreed to, or 24
purportedly agreed to, as the price for 25
carrying out the building work; and 26
(d) does not include any amount paid by the 27
person that may fairly be characterised as 28
being, in substance, an amount paid for the 29
person's own direct or indirect benefit. 30
Clause 26 Amendment of s 67K (Limits for retention amounts and 31
securities for building contracts other than subcontracts) 32
Section 67K(1), after `principal'-- 33
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 27]
insert-- 1
or a special purpose vehicle 2
Clause 27 Amendment of s 67L (Limits for retention amounts and 3
securities for subcontracts) 4
Section 67L-- 5
insert-- 6
(3) Subsection (1) does not apply to a subcontract if 7
the contracting party for the building contract is a 8
special purpose vehicle. 9
Clause 28 Amendment of s 83 (Proceeding in tribunal stops action 10
by commission) 11
Section 83, heading, after `stops'-- 12
insert-- 13
unilateral 14
Clause 29 Amendment of s 84 (Tribunal to decide about rectification 15
or completion work) 16
(1) Section 84, heading-- 17
omit, insert-- 18
84 Action by commission while proceeding in 19
tribunal 20
(2) Section 84(1)-- 21
omit, insert-- 22
(1) This section applies if the tribunal has the 23
management of a building dispute under section 24
83. 25
(3) Section 84-- 26
insert-- 27
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 30]
(6) The commission may apply, as provided under 1
the QCAT Act, to the tribunal for approval that 2
the commission may act in relation to the dispute. 3
(7) The tribunal may grant the approval with or 4
without conditions. 5
Clause 30 Amendment of sch 1 (Transitional and validating 6
provisions) 7
Schedule 1-- 8
insert-- 9
Part 10 Transitional provision 10
for Residential 11
Tenancies and 12
Rooming 13
Accommodation and 14
Other Legislation 15
Amendment Act 2013 16
52 Application of s 42 (Unlawful carrying out of 17
building work) 18
(1) Section 42(4) applies to building work carried 19
out on or after 1 July 1992, unless the entitlement 20
to payment for the carrying out of the building 21
work was-- 22
(a) before the commencement of this section, 23
decided by-- 24
(i) a court; or 25
(ii) the tribunal; or 26
(iii) an arbitrator or another entity 27
authorised to make a binding decision 28
about the entitlement; or 29
(b) before 2 March 1999, the subject of-- 30
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 31]
(i) a claim or counterclaim filed in a court; 1
or 2
(ii) an application made to the tribunal; or 3
(iii) a reference to an arbitrator or another 4
entity authorised to make a binding 5
decision about the entitlement; or 6
(c) provided for as a term of a binding 7
agreement entered into before the 8
commencement of this subsection, but only 9
if the binding agreement-- 10
(i) is between-- 11
(A) 1 or more consumers and 1 or 12
more building contractors; or 13
(B) 1 or more building contractors and 14
1 or more other building 15
contractors; and 16
(ii) was entered into to resolve a dispute 17
between some or all of the parties to 18
the binding agreement; and 19
(iii) is not the contract for the carrying out 20
of the building work as originally 21
entered into, or as originally entered 22
into and as subsequently varied. 23
(2) In this section-- 24
tribunal means the former Queensland Building 25
Tribunal previously established under this Act, 26
part 7, before amendment of this Act under the 27
repealed Queensland Building Tribunal Act 28
2000. 29
Clause 31 Insertion of new sch 1A 30
After schedule 1-- 31
insert-- 32
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 31]
Schedule 1A Exemptions from 1
requirement to hold 2
contractor's licence 3
section 42(2) 4
1 Employees 5
An unlicensed person who carries out, in the course of 6
employment, building work (other than fire protection 7
work) for which the person's employer holds a licence 8
of the appropriate class under this Act does not 9
contravene section 42(1). 10
2 Subcontractors 11
(1) An unlicensed person who, as a subcontractor, 12
carries out, or undertakes to carry out, building 13
work (other than fire protection work) for a 14
licensed trade contractor, does not contravene 15
section 42(1) if the work is within the scope of 16
the building work allowed by the class of licence 17
held by the contractor. 18
(2) In this section-- 19
licensed trade contractor means a licensed 20
contractor other than the following-- 21
(a) a licensed builder; 22
(b) a licensed contractor who holds a 23
contractor's licence authorising the licensee 24
to carry out completed building inspections. 25
3 Partnerships 26
An unlicensed person who carries out, or undertakes 27
to carry out, building work (other than fire protection 28
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 31]
work) in partnership with another person who is 1
licensed to carry out building work of the relevant 2
class does not contravene section 42(1). 3
Note-- 4
Section 56 states that a licensed contractor may carry on 5
business under the contractor's licence in partnership with an 6
unlicensed person subject to the conditions stated in the 7
section. 8
4 Owner-builders 9
An unlicensed person who holds an owner-builder 10
permit does not contravene section 42(1) by carrying 11
out building work permitted under the permit. 12
5 Design work by landscape architects 13
An unlicensed person who carries out, or undertakes 14
to carry out, design work does not contravene section 15
42(1) if-- 16
(a) the person carries on business as a landscape 17
architect; and 18
(b) the person carries out the design work, or 19
undertakes to carry it out, as part of the 20
person's work as a landscape architect; and 21
(c) the design work is of a type ordinarily 22
carried out as an appropriate or necessary 23
component of a landscape architect's work. 24
6 Consumers 25
A consumer who engages 1 or more licensed 26
contractors to carry out building work for the 27
consumer does not contravene section 42(1) if the 28
consumer does not provide building work services for 29
the work. 30
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 31]
Examples of a consumer who does not provide building work 1
services-- 2
· a consumer who engages a licensed builder to build, and 3
carry out all building work services for, a new residence 4
· a consumer who, as a principal, enters into construction 5
management trade contracts for building work and engages 6
a construction manager for building work services for the 7
work 8
7 Other licences 9
A person who holds any of the following licences does 10
not contravene section 42(1) only by doing something 11
permitted under the licence-- 12
(a) a nominee supervisor's licence; 13
(b) a site supervisor's licence; 14
(c) a fire protection occupational licence. 15
8 Head contracts to carry out building work 16
(1) An unlicensed person who enters into a contract 17
to carry out building work does not contravene 18
section 42(1) merely because the person entered 19
into the contract if the building work-- 20
(a) is not residential construction work or 21
domestic building work; and 22
(b) is to be carried out by a person (an 23
appropriately licensed contractor) who is 24
licensed to carry out building work of the 25
relevant class. 26
(2) Also, the unlicensed person does not contravene 27
section 42(1) merely because the person-- 28
(a) directly or indirectly causes the building 29
work to be carried out by an appropriately 30
licensed contractor; or 31
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 31]
(b) enters into another contract, with an 1
appropriately licensed contractor, to carry 2
out the work. 3
(3) However, subsection (1) ceases to apply to the 4
unlicensed person if the person causes or allows 5
any of the building work to be carried out by a 6
person who is not licensed to carry out building 7
work of the relevant class. 8
9 Tenders and offers 9
An unlicensed person who submits a tender to carry 10
out building work or makes an offer to carry out 11
building work does not contravene section 42(1) 12
merely because the person submits the tender or 13
makes the offer if the building work-- 14
(a) is not residential construction work or 15
domestic building work; and 16
(b) is to be carried out by a person who is 17
licensed to carry out building work of the 18
relevant class. 19
10 Public-private partnerships 20
(1) This section applies to a special purpose vehicle 21
that undertakes to carry out building work under 22
a public-private partnership. 23
(2) The special purpose vehicle does not contravene 24
section 42(1) merely because the vehicle 25
undertakes to carry out the building work if the 26
work is to be carried out by a person (an 27
appropriately licensed contractor) who is 28
licensed to carry out building work of the 29
relevant class. 30
(3) Also, the special purpose vehicle does not 31
contravene section 42(1) merely because the 32
special purpose vehicle-- 33
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 31]
(a) directly or indirectly causes the building 1
work to be carried out by an appropriately 2
licensed contractor; or 3
(b) enters into a contract, with an appropriately 4
licensed contractor, to carry out the work. 5
(4) However, this section ceases to apply to the 6
special purpose vehicle if the special purpose 7
vehicle causes or allows any of the building work 8
to be carried out by a person who is not licensed 9
to carry out building work of the relevant class. 10
11 Prescribed government projects 11
(1) This section applies to an unlicensed person who, 12
by doing any of the following, undertakes to 13
carry out building work for a prescribed 14
government project-- 15
(a) enters into a contract with a government 16
entity to carry out building work for the 17
project; 18
(b) submits a tender to a government entity to 19
carry out building work for the project; 20
(c) makes an offer to a government entity to 21
carry out building work for the project. 22
(2) The unlicensed person does not contravene 23
section 42(1) merely because the person 24
undertakes to carry out the building work if the 25
work-- 26
(a) is of a class prescribed, under a regulation, 27
for the prescribed government project; and 28
(b) is to be carried out by a person (an 29
appropriately licensed contractor) who is 30
licensed to carry out building work of the 31
relevant class. 32
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 32]
(3) Also, the unlicensed person does not contravene 1
section 42(1) merely because the person-- 2
(a) directly or indirectly causes the building 3
work to be carried out by an appropriately 4
licensed contractor; or 5
(b) enters into a contract, with an appropriately 6
licensed contractor, to carry out the work. 7
(4) However, this section ceases to apply to the 8
unlicensed person if the person causes or allows 9
any of the building work to be carried out by a 10
person who is not licensed to carry out building 11
work of the relevant class. 12
(5) In this section-- 13
government entity means the State, the 14
Commonwealth or a local government, or any of 15
their authorities or agencies. 16
prescribed government project means a project, 17
prescribed under a regulation, involving building 18
work to be carried out-- 19
(a) for, or on behalf of, a government entity; 20
and 21
(b) by 1 or more private sector entities. 22
Clause 32 Amendment of sch 2 (Dictionary) 23
(1) Schedule 2, both definitions building contract-- 24
omit. 25
(2) Schedule 2-- 26
insert-- 27
building contract-- 28
(a) for part 3E--see section 67AQ; and 29
(b) for part 4A--see section 67A; and 30
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 4 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 33]
(c) for schedule 1, part 2--see schedule 1, 1
section 8; and 2
(d) otherwise--means a contract or other 3
arrangement for carrying out building work 4
in Queensland. 5
private sector entity means an entity that is not 6
owned, either wholly or partly, by the State, the 7
Commonwealth or a local government, or any of 8
their authorities or agencies. 9
public-private partnership means an 10
arrangement between the following entities with 11
the purpose of financing, designing, constructing, 12
maintaining or operating public infrastructure-- 13
(a) the State, the Commonwealth or a local 14
government, or any of their authorities or 15
agencies; 16
(b) 1 or more private sector entities. 17
special purpose vehicle means an entity-- 18
(a) established for the purpose of carrying out a 19
public-private partnership; and 20
(b) declared by the Treasurer by gazette notice 21
to be a special purpose vehicle for this Act. 22
Part 4 Amendment of Guide, Hearing 23
and Assistance Dogs Act 2009 24
Clause 33 Act amended 25
This part amends the Guide, Hearing and Assistance Dogs Act 26
2009. 27
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 4 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 34]
Clause 34 Amendment of s 3 (Objects of Act) 1
(1) Section 3(2)(a), before `particular'-- 2
insert-- 3
places of accommodation and 4
(2) Section 3(2)(b), before `particular'-- 5
insert-- 6
places of accommodation and 7
Clause 35 Amendment of pt 2, hdg (Guide, hearing and assistance 8
dogs in public places and public passenger vehicles) 9
Part 2, heading, after `in'-- 10
insert-- 11
places of accommodation, 12
Clause 36 Amendment of s 6 (Definitions for pt 2) 13
Section 6-- 14
insert-- 15
accompanied handler means-- 16
(a) a person with a disability who is 17
accompanied by the certified guide, hearing 18
or assistance dog the person relies on to 19
reduce the person's need for support; or 20
(b) an approved trainer, employee trainer or 21
puppy carer who is accompanied by a guide, 22
hearing, assistance or trainee support dog. 23
certified guide, hearing or assistance dog means 24
a guide, hearing or assistance dog that is certified 25
under part 4. 26
place of accommodation includes the 27
following-- 28
(a) a house or flat; 29
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 4 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 37]
(b) a hotel or motel; 1
(c) a boarding house or hostel; 2
(d) a caravan or caravan site; 3
(e) a manufactured home under the 4
Manufactured Homes (Residential Parks) 5
Act 2003; 6
(f) a site within the meaning of the 7
Manufactured Homes (Residential Parks) 8
Act 2003, section 13; 9
(g) a camping site. 10
term includes a condition, requirement or 11
practice, whether or not written. 12
Clause 37 Amendment of s 8 (People with a disability may be 13
accompanied by their guide, hearing and assistance 14
dogs) 15
(1) Section 8(1), after `in a'-- 16
insert-- 17
place of accommodation, 18
(2) Section 8(2), after `into a'-- 19
insert-- 20
place of accommodation, 21
Clause 38 Amendment of s 9 (Trainers and puppy carers may be 22
accompanied by guide, hearing, assistance and trainee 23
support dogs) 24
(1) Section 9(1), after `in a'-- 25
insert-- 26
place of accommodation, 27
(2) Section 9(2), after `into a'-- 28
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Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
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Part 4 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 39]
insert-- 1
place of accommodation, 2
Clause 39 Amendment of pt 2, div 3, hdg (Obligations of persons 3
exercising control of public places and public passenger 4
vehicles) 5
Part 2, division 3, heading, after `control of'-- 6
insert-- 7
places of accommodation, 8
Clause 40 Amendment of s 11 (Who is a person exercising control 9
of a public place or public passenger vehicle) 10
(1) Section 11, heading, after `of a'-- 11
insert-- 12
place of accommodation, 13
(2) Section 11, after `control of a'-- 14
insert-- 15
place of accommodation, 16
Clause 41 Amendment of s 12 (Identification procedure for handlers 17
and trainers) 18
Section 12(2)(a)(ii), after `control of a'-- 19
insert-- 20
place of accommodation, 21
Clause 42 Insertion of new s 12A 22
After section 12-- 23
insert-- 24
Page 41
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 4 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 42]
12A Obligations of persons exercising control of 1
places of accommodation 2
(1) A person exercising control of a place of 3
accommodation must not-- 4
(a) refuse to rent accommodation at the place to 5
an accompanied handler because the 6
accompanied handler, while in the place, 7
would be accompanied by a certified guide, 8
hearing, assistance or trainee support dog; 9
or 10
(b) in renting accommodation at the place to an 11
accompanied handler, impose a term that 12
would result in-- 13
(i) the accompanied handler paying an 14
extra charge because the dog is present 15
at the place; or 16
(ii) a person with a disability being 17
separated, while in the place, from the 18
guide, hearing or assistance dog that 19
the person relies on to reduce the 20
person's need for support; or 21
(iii) a person with a disability being refused 22
entry to a part of the place because the 23
person would be accompanied by the 24
guide, hearing or assistance dog that 25
the person relies on to reduce the 26
person's need for support. 27
Maximum penalty--100 penalty units. 28
(2) An accompanied handler must comply with the 29
identification procedure when the accompanied 30
handler-- 31
(a) in person at a place of accommodation or 32
another place, makes a reservation or 33
application for accommodation at the place 34
of accommodation; or 35
Page 42
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 4 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 43]
(b) arrives at a place of accommodation to begin 1
residing in the accommodation at the place. 2
(3) A person does not commit an offence against 3
subsection (1) if it is proved that the 4
accompanied handler did not comply with 5
subsection (2). 6
(4) Subsection (1)(b)(iii) does not apply to a term 7
that would result in the person with a disability 8
being refused entry to a part of a place of 9
accommodation where food is ordinarily 10
prepared for consumption by residents of the 11
place or members of the public. 12
Note-- 13
A person with a disability may also have a right of action 14
under the Disability Discrimination Act 1992 (Cwlth). 15
Clause 43 Amendment of s 13 (Obligations of persons exercising 16
control of public places and public passenger vehicles) 17
Section 13(3), other than the note-- 18
omit. 19
Clause 44 Amendment of sch 4 (Dictionary) 20
Schedule 4-- 21
insert-- 22
accompanied handler, for part 2, see section 6. 23
certified guide, hearing or assistance dog, for 24
part 2, see section 6. 25
place of accommodation, for part 2, see section 26
6. 27
term, for part 2, see section 6. 28
Page 43
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Part 5 Minor amendments
[s 45]
Part 5 Minor amendments 1
Clause 45 Act amended 2
The schedule amends the Act it mentions. 3
Page 44
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Schedule
Schedule Minor amendments 1
section 45 2
Residential Tenancies and Rooming Accommodation 3
Act 2008 4
1 Section 480 and editor's note-- 5
omit, insert-- 6
480 Application of Financial Accountability Act 7
2009 8
The authority is a statutory body within the meaning 9
of the Financial Accountability Act 2009. 10
2 Section 499 and editor's note-- 11
omit, insert-- 12
499 Employing office is statutory body 13
(1) The employing office is a statutory body under-- 14
(a) the Financial Accountability Act 2009; and 15
(b) the Statutory Bodies Financial 16
Arrangements Act 1982. 17
(2) For applying the Financial Accountability Act 18
2009 to the employing office as a statutory 19
body-- 20
(a) the executive officer is taken to be the 21
chairperson of the employing office; and 22
(b) the Financial Accountability Act 2009 is 23
taken to require the executive officer to 24
consider the annual financial statements and 25
the auditor-general's report as soon as 26
practicable after they are received by the 27
employing office; and 28
Page 45
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment
Bill 2013
Schedule
(c) the Financial Accountability Act 2009 is 1
taken to require the executive officer to 2
consider any observations, suggestions or 3
comments given to the executive officer as 4
soon as practicable after the executive 5
officer receives them. 6
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 46
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