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RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Principal Act
PART 2--AMENDMENTS TO PARTS 1 AND 4 OF THE PRINCIPAL ACT
Division 1--Amendments to Part 1--Preliminary
4. Purposes
5. Definitions
Division 2--Amendments to Part 1--Residential Tenancies--Tenancy agreements
6. Application of Act to site agreements
7. Application for exemption
8. Order of Tribunal
Division 3--Amendments to Part 4--Caravan parks and movable dwellings--Residency rights and duties
9. New Division 1AA of Part 4 inserted
PART 3--NEW PART 4A
10. New Part 4A inserted
PART 4--AMENDMENTS CONSEQUENTIAL ON NEW PART 4A
Division 1--Amendments to Part 5--Compensation and compliance
11. Definitions in Part 5
12. Breach of duty notice
13. Tribunal must hear application urgently
14. New section 210B inserted
15. Matters which may be considered by Tribunal
16. Orders of Tribunal
17. New section 213AA inserted
18. Application for payment of rent arrears or hiring charge arrears from bond
19. Application to Tribunal for loss or damage
20. New section 214A inserted
21. What powers does a court have to award compensation?
Division 2--Amendments to Part 6--Termination
22. New Division 3A of Part 6
23. Form of notice of intention to vacate
24. Form of notice to vacate
Division 3--Amendments to Part 7--Regaining possession--possession orders and warrants
25. New section 324A inserted
26. Application for possession order by mortgagee
27. Time for application
28. Applications where composite notice to vacate is given
29. Order of Tribunal
30. Order to be dismissed or adjourned in certain circumstances
31. Order not to be made in certain circumstances
32. Contents of possession order
33. Effect of possession order
34. Issue of warrant of possession
35. Postponement of issue of warrant in certain cases
36. Immediate issue of warrant if failure to comply during postponement
37. Offence to re-enter rooming house, site or caravan
Division 4--Amendments to Part 8--Violence on certain premises
38. Definitions for Part 8
39. What happens if a notice to leave is given?
40. Offence to re-enter premises during suspension
41. Urgent application to Tribunal
42. What can the Tribunal order?
43. Offence to allow occupation of premises pending application or hearing
44. Notice to leave prohibited
Division 5--Amendments to Part 9--Goods left behind by tenants and residents
45. Goods left behind
46. Application of Part 9
47. Definitions for Part 9
48. What happens if personal documents are left behind?
49. Reclaiming personal documents before disposal
50. New section 388A inserted
51. Rightful owner may reclaim stored goods before sale
52. What if a caravan owned by a resident is abandoned on site?
53. New section 390A inserted
54. Purchaser takes good title
55. What if proceeds of sale are not sufficient to cover costs?
56. What if goods or documents are disposed of in contravention of this Part?
57. What if goods or documents are wrongfully retained?
58. What if goods or documents are damaged or lost?
59. What if stored goods have been sold in accordance with this Part?
60. What if personal documents are disposed of in accordance with section 381?
Division 6--Amendments to Part 10--Bonds and the Residential Tenancies Bond Authority
61. Definitions for Part 10
Division 7--Amendments to Part 11--Functions of the Tribunal
62. Jurisdiction of Tribunal
63. General applications to the Tribunal
64. General applications to the Tribunal
65. General power of Tribunal to make determinations
Division 8--Amendments to Parts 12 and 13--Administration and General
66. Functions of Director
67. Offence to make false representation
68. Offence to persuade person not to exercise rights or take proceedings
69. Offence to aid, abet, counsel or procure commission of offence
70. Certain penalties prohibited
71. Service of documents
72. Application to Supreme Court, County Court or Magistrates' Court
73. Regulations
PART 5--ROOMING HOUSES AMENDMENTS
74. New section 102A inserted
75. New section 131A inserted
76. New Division 8 of Part 3 inserted
77. New Division 9 of Part 3 inserted
78. Application for compensation or compliance order for breach of duty
79. New section 289A inserted
80. New section 323A inserted
81. Consequential amendments—regaining possession
82. New section 399A inserted
83. Functions of Director
84. Application of provisions of Fair Trading Act 1999
PART 6--CARAVAN PARKS AND MOVABLE DWELLINGS
85. New section 515A inserted
86. New Division 3A of Part 14 inserted
87. Authorised persons
88. Powers of entry and inspection
89. New section 526A inserted
PART 7--RESIDENTIAL TENANCY DATABASES
90. New Part 10A inserted
PART 8--MISCELLANEOUS AMENDMENTS
Division 1--Penalties and offences
91. Tenancy agreements to be in standard form
92. Copy of agreement to be made available to tenant
93. Tenants with children
94. What is the maximum bond?
95. Not more than one bond is payable in respect of continuous occupation
96. Condition report
97. Certain guarantees prohibited
98. Limit on rent in advance
99. Rent in advance under weekly tenancy agreement
100. Receipts for rent
101. Tenant's good not to be taken for rent
102. Application and holding deposits
103. Certain charges prohibited
104. Landlord must not seek overpayment for utility charge
105. Landlord must give tenant certain information
106. Landlord cannot ask for fee for giving consent
107. Offence relating to entering rented premises
108. Notice to resident of residency right
109. Consent required for increase in room capacity
110. What is the maximum bond?
111. Condition report
112. Limit on rent in advance
113. Receipts for rent
114. Resident's goods not to be taken for rent
115. Display of statement of rights and house rules
116. Owner to give additional information
117. Duties relating to house rules
118. Offence relating to entering room occupied by resident
119. Caravan park owner to notify prospective resident of rights
120. Payment of bond
121. What is the maximum bond?
122. Condition report
123. Limit on rent or hiring charge in advance
124. Receipts for rent or hiring charge
125. Resident's goods not to be taken for rent or hiring charges
126. Owner must not seek overpayment for utility charges
127. Statement of rights and copy of park rules
128. Statement of scale of certain charges, fees and commissions
129. Owner to give additional information
130. Duties relating to caravan park rules
131. Sale of caravan
132. Offence relating to entering a site or caravan occupied by a resident
133. Section 229 substituted
134. Prohibition on letting premises after notice
135. Offences relating to interference with rights
136. Rent payable on termination without notice
137. Prohibition on renting after notice
138. Offences relating to interference with rights
139. Rent or hiring charge payable on termination without notice
140. Prohibition on hiring of caravans or renting of sites after notice
141. Offence to re-enter rooming house, site or caravan
142. Offence to give notice to leave or purported notice to leave without reasonable grounds
143. Offence to remain on premises if given notice to leave
144. Offence to re-enter premises during suspension
145. Notice to principal registrar
146. Offence to allow occupation of premises pending application or hearing
147. Reclaiming personal documents before disposal
148. Rightful owner may reclaim stored goods before sale
149. Bond lodgement form
150. Duty to pay bond to Authority
151. Notice of assignment or transfer by landlord
152. Notice of assignment or transfer by tenant
153. Tenant must not use bond as rent
154. Offence to fail to comply with determination of Tribunal
155. Confidentiality
156. Offence to make false representation—tenancy agreement or residency right
157. Offence to persuade person not to exercise rights or take proceedings
158. Offence to aid, abet, counsel or procure commission of offence
159. Offence to give false information
160. Certain penalties prohibited
161. Application of provisions of Fair Trading Act 1999
162. Regulations
163. Additional powers
164. Compliance notice
165. Closure order
Division 2--Miscellaneous amendments to Principal Act
166. Definition of GST
167. Urgent repairs to rented premises and applications to Tribunal
168. Urgent repairs to rooming house and applications to Tribunal
169. Urgent repairs to caravans and applications to Tribunal
170. Regulations
PART 9--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Division 1--Duties Act 2000
171. Powers of the Director in relation to proceedings on behalf of consumers
Division 2--Fair Trading Act 1999
172. Powers of the Director in relation to proceedings on behalf of consumers
173. Proceedings and costs
PART 10--REPEAL OF AMENDING ACT
174. Repeal of amending Act
ENDNOTES
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