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TASMANIA
__________
RESIDENTIAL TENANCY AMENDMENT (SMOKE
ALARMS) BILL 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 3A inserted
PART 3A - Smoke Alarms
36B. Interpretation of Part 3A
36C. Smoke alarms
36D. Maintenance, &c., of smoke alarms
36E. Defences in relation to sections 36C and 36D
36F. Removal of, or interference with, smoke alarms
36G. Right to install smoke alarms in strata title units
36H. Power of Commissioner to order compliance with
this Part
5. Repeal of Act
[Bill 24]-XI
2
RESIDENTIAL TENANCY AMENDMENT (SMOKE
ALARMS) BILL 2012
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
21 August 2012
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Residential Tenancy Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Residential
Tenancy Amendment (Smoke Alarms) Act 2012.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 24] 3
Residential Tenancy Amendment (Smoke Alarms) Act 2012
Act No. of
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3. Principal Act
In this Act, the Residential Tenancy Act 1997* is
referred to as the Principal Act.
4. Part 3A inserted
After section 36A of the Principal Act, the
following Part is inserted:
PART 3A - SMOKE ALARMS
36B. Interpretation of Part 3A
In this Part -
smoke alarm means a device that is
designed to emit a loud warning
sound when it detects the
presence of smoke;
tenanted premises means premises to
which a residential tenancy
agreement relates.
36C. Smoke alarms
(1) In this section -
relevant period, in relation to tenanted
premises, means the period -
(a) beginning on the day on
which a tenant first takes
*No. 82 of 1997
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Residential Tenancy Amendment (Smoke Alarms) Act 2012
Act No. of
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possession of the
premises under the
residential tenancy
agreement in relation to
the premises; and
(b) ending on the day on
which all tenants under
that agreement cease to be
in possession of the
premises under the
agreement.
(2) An owner of tenanted premises must
ensure that smoke alarms are, during the
relevant period, in place on the premises
in accordance with the requirements, if
any, prescribed in regulations for the
purposes of this section in relation to
such premises.
Penalty: Fine not exceeding 50 penalty
units.
(3) The requirements that may be prescribed
in regulations for the purposes of this
section include, but are not limited to
including, requirements of the following
kind:
(a) the class or classes of tenanted
premises in relation to which
smoke alarms are required to be
in place;
(b) the type or types of smoke alarms
that are required to be in place in
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Residential Tenancy Amendment (Smoke Alarms) Act 2012
Act No. of
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relation to such a class or classes
of premises;
(c) any standards or codes with
which such smoke alarms are to
comply;
(d) where on such premises such
smoke alarms are required to be
in place.
36D. Maintenance, &c., of smoke alarms
(1) An owner of tenanted premises must not,
without reasonable excuse, fail to
comply, in relation to a smoke alarm
that -
(a) is required under section 36C to
be in place on such premises; and
(b) is installed in the premises -
with the requirements prescribed, in
regulations for the purposes of this
subsection, in relation to owners of
tenanted premises.
Penalty: Fine not exceeding 10 penalty
units.
(2) A tenant of tenanted premises must not,
without reasonable excuse, fail to
comply, in relation to a smoke alarm
that -
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Residential Tenancy Amendment (Smoke Alarms) Act 2012
Act No. of
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(a) is required under section 36C to
be in place on such premises; and
(b) is installed in the premises -
with the requirements prescribed, in
regulations for the purposes of this
subsection, in relation to tenants of
tenanted premises.
Penalty: Fine not exceeding 10 penalty
units.
(3) The regulations may prescribe for the
purposes of subsections (1) and (2)
requirements, in respect of owners and
tenants, respectively, of tenanted
premises, in relation to the following:
(a) the maintenance, cleaning and
testing of smoke alarms required
under section 36C to be in place
on tenanted premises and
installed on such premises;
(b) the replacement or repair of such
smoke alarms;
(c) the replacement of batteries used
to power such smoke alarms;
(d) the giving of notice to an owner
of premises to which section 36C
relates that a smoke alarm on the
premises has ceased to function
properly or at all.
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36E. Defences in relation to sections 36C and 36D
(1) It is a defence to a charge of committing
an offence against a provision of
section 36C or section 36D that another
person to whom that provision applied
had satisfied the requirements of that
provision.
(2) It is not a defence to a charge of
committing an offence against a
provision of section 36C or section 36D
that another person to whom that
provision applied had failed to satisfy the
requirements of that provision.
36F. Removal of, or interference with, smoke
alarms
(1) A person must not remove, or interfere
with the operation of, a smoke alarm that
is in place on premises as required under
section 36C.
Penalty: Fine not exceeding 20 penalty
units.
(2) It is a defence to a charge of committing
an offence against subsection (1) if the
person charged proves that -
(a) the smoke alarm was removed so
as to enable the repair or
maintenance of the smoke alarm;
and
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(b) the smoke alarm was removed for
no longer than was reasonably
necessary to enable the repair or
maintenance.
(3) It is a defence to a charge of committing
an offence against subsection (1) in
relation to premises if the person charged
proves that -
(a) the smoke alarm was removed so
as to enable the replacement of
the smoke alarm; and
(b) the smoke alarm was, as soon as
practicable after being removed,
replaced by another smoke alarm
that complies with the
requirements, prescribed for the
purposes of section 36C, that
apply in relation to the premises.
(4) A person must not wilfully cause to
malfunction, or to cease to operate
effectively, a smoke alarm that is in place
on premises as required under
section 36C.
Penalty: Fine not exceeding 40 penalty
units.
36G. Right to install smoke alarms in strata title
units
(1) In this section -
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body corporate has the same meaning
as it has in the Strata Titles Act
1998;
lot has the same meaning as it has in
the Strata Titles Act 1998.
(2) Nothing in the Strata Titles Act 1998,
any regulations made under that Act, or
any rules made by a body corporate
under that Act, is to be taken to prevent
any of the following occurring, or to
require the permission of the body
corporate in relation to a lot to be given
before any of the following may occur:
(a) the installation, repair or
maintenance of any smoke alarms
that are required under
section 36C to be in place on
premises;
(b) any works, including but not
limited to works consisting of or
associated with the installation,
repair or maintenance of
electrical wiring, that are
necessary to enable the
installation or operation of any
smoke alarms that are required
under section 36C to be in place
on premises;
(c) the installation, repair or
maintenance of any object,
including but not limited to
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Residential Tenancy Amendment (Smoke Alarms) Act 2012
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electrical wiring, that is necessary
to enable the installation or
operation of any smoke alarms
that are required under
section 36C to be in place on
premises.
36H. Power of Commissioner to order compliance
with this Part
(1) The Commissioner may make an order
requiring a party to a residential tenancy
agreement to comply with a provision of
this Part.
(2) An order made under subsection (1) may
be enforced in the same manner as an
order made by a magistrate under the
Magistrates Court (Civil Division) Act
1992.
5. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which all of the provisions of this Act
commence.
Government Printer, Tasmania 11