residential tenancies amendment bill 2011 199-3 · residential tenancies amendment bill 2011 part 1...

199—3 page i

Western Australia

Residential Tenancies Amendment Bill 2011

CONTENTS

Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Act amended 2

Part 2 — General amendments 4. Long title amended 3 5. Section 3 amended 3 6. Section 5 amended 5 7. Section 7 amended 6 8. Section 9 amended 7 9. Section 10 amended 8 10. Section 11A amended 9 11. Section 13 amended 9 12. Section 13A amended 9 13. Section 15 amended 9 14. Section 16 amended 10 15. Section 17A inserted 11

17A. Disputes between tenants 11 16. Section 17 amended 11 17. Section 19 amended 12 18. Section 20 amended 13 19. Section 22 amended 13 20. Section 23 amended 15 21. Part IV heading replaced 16

Part IV — Residential tenancy agreements 22. Part IV Division 1A inserted 16

Residential Tenancies Amendment Bill 2011 Contents

page ii

Division 1A — Form of residential tenancy agreement and associated documents

27A. Written residential tenancy agreement to be in prescribed form 16

27B. Information to be given to tenant by lessor 16 27C. Property condition report at start and end

of tenancy 17 23. Section 27 amended 18 24. Section 28 amended 19 25. Section 29 amended 19 26. Section 29A deleted 22 27. Section 30 amended 22 28. Sections 31A and 31B inserted 23

31A. Variation of rent where calculated by reference to tenant’s income 23

31B. Increase in rent after renegotiating lease 23 29. Section 31 amended 24 30. Section 32 amended 24 31. Section 33 amended 25 32. Section 34A inserted 26

34A. Manner of payment of rent 26 33. Section 34 amended 26 34. Section 35 amended 27 35. Part IV Division 2 heading amended 27 36. Section 37 deleted 27 37. Section 38 amended 27 38. Section 39 amended 28 39. Section 40 replaced 28

40. Vacant possession 28 40. Section 41 amended 29 41. Sections 42 to 46 replaced 29

42. Lessor’s responsibility for cleanliness and repairs 29

43. Urgent repairs 30 44. Quiet enjoyment 32 45. Securing premises 32 46. Lessor’s right of entry 33

42. Section 47 amended 35 43. Section 48 amended 36 44. Section 49A inserted 37

49A. Lessor’s and tenant’s responsibilities in respect of public utility services 37

45. Section 49 amended 38 46. Section 50 amended 39


Contents

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47. Part IV Division 3 heading inserted 39 Division 3 — General

48. Section 51 replaced 39 51. Tenant to be notified of lessor’s name and

address 39 49. Section 52 amended 40 50. Section 53 replaced 41

53. Tenant’s name, place of employment and forwarding address 41

51. Section 54 amended 41 52. Section 55 replaced 42

55. Cost of written agreement to be borne by lessor 42

53. Section 56 amended 43 54. Section 57 amended 43 55. Section 58 amended 44 56. Sections 59A to 59F inserted 44

59A. Minors 44 59B. Death of one of 2 or more tenants 44 59C. Recognition of certain persons as tenants 45 59D. Tenant compensation bonds 46 59E. Interference with quiet enjoyment 47 59F. Offences relating to security of residential

premises 47 57. Part V Division 1 heading inserted 48

Division 1 — How residential tenancy agreements are terminated

58. Section 59 deleted 48 59. Section 60 amended 48 60. Part V Division 2 heading inserted 49

Division 2 — Notices of termination 61. Section 61 replaced 49

61. Form of notice of termination by lessor 49 62. Section 62 amended 50 63. Sections 63 and 64 replaced 50

63. Notice of termination by lessor who has entered into contract of sale 50

64. Notice of termination by lessor without any ground 51

64. Section 65 amended 52 65. Section 66 amended 52 66. Section 68 amended 52 67. Section 69 amended 53 68. Section 70A inserted 53


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70A. Notice of termination by lessor or tenant at end of fixed term tenancy 53

69. Part V Division 4 heading inserted 55 Division 4 — Orders for termination of residential

tenancy agreement 70. Section 71 amended 55 71. Section 72 amended 56 72. Section 73 amended 57 73. Section 74 amended 57 74. Sections 76A and 76B, Part V Division 5 heading

and section 76C inserted 57 76A. Termination of agreement by lessor if

premises abandoned 57 76B. Dispute about s. 76A notice 58 Division 5 — General 76C. Fixed term tenancies continued as

periodic tenancies 59 75. Section 77 replaced 59

77. Abandonment of premises 59 78A. Order about abandonment 60 78B. Review of abandonment order 61

76. Section 79 amended 61 77. Section 80A inserted 64

80A. Abandoned documents 64 78. Section 80 amended 66 79. Section 81 replaced 66

81A. Mortgagee repossessions of rented properties 66

81B. Notice of proposed recovery of premises by person with superior title 68

81. Order for tenancy against person with superior title 69

80. Section 82 amended 70 81. Section 85 amended 71 82. Sections 86 and 87A inserted 72

86. Court may refer matter to Commissioner for investigation 72

87A. Defence where lessor and property manager are both charged with the same offence 72

83. Section 88A inserted 73 88A. Infringement notices 73

84. Section 88 amended 75 85. Section 90 amended 76 86. Part VII inserted 76


Contents

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Part VII — Savings and transitional provisions relating to the Residential Tenancies Amendment Act 2011

Division 1 — Contracting out 91. Savings in relation to contracting out of

standard terms 76 Division 2 — Security bonds held in AFI 92. Terms used 77 93. All security bonds to be transferred to the

bond administrator after renewal of agreement or within 18 months 77

94. Requirements for AFI holding security bonds 78

95. Power of Commissioner to obtain information relating to AFI security bond accounts 79

96. Disposal of security bond held in AFIs 81 Division 3 — Residential tenancy databases 97. Application of Part VIA to listings existing

before commencement 82 87. Schedule 1 amended 83

Schedule 1 — Provisions relating to holding and disposal of bonds and income from bonds

Division 1 — General Division 2 — Security bonds 5A. Security bond moneys to be paid to bond

administrator 87 Division 3 — Tenant compensation bonds 9. Application of Division 90 10. Disposal of tenant compensation bond to

tenant by bond administrator 90 11. Disposal of tenant compensation bond to

lessor by bond administrator 91 88. Various references to “agreement” amended 92 89. Various references to “owner” amended 93

Part 3 — Amendments relating to terminating social housing tenancy agreements

90. Section 3 amended 97 91. Section 60 amended 97 92. Part V Division 3 inserted 97


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Division 3 — Special provisions about terminating social housing tenancy agreements

Subdivision 1 — Preliminary 71A. Terms used 97 71B. Application of Division 98 Subdivision 2 — Notice of termination where tenant

not eligible for social housing premises 71C. Notice of termination by lessor on ground

that tenant not eligible for social housing premises 98

71D. Assessment of tenants eligibility for social housing premises 99

71E. Criteria for assessing eligibility of tenants for social housing premises under section 71D 99

71F. Review of decision to give notice on ground that tenant not eligible for social housing premises 100

71G. Time periods to be observed where notice of termination given under this Subdivision 101

Subdivision 3 — Notice of termination where tenant offered alternative social housing premises

71H. Notice of termination by lessor where tenant offered alternative social housing premises 102

71I. Review of decision to give notice on ground that tenant offered alternative social housing premises 102

71J. Time periods to be observed where notice of termination given under this Subdivision 104

93. Section 71 amended 105 94. Section 73A inserted 107

73A. Notice of termination not required in certain cases 107

95. Section 75A inserted 108 75A. Termination of social housing tenancy

agreement due to objectionable behaviour 108

Part 4 — Amendments relating to residential tenancy databases

96. Part VIA inserted 110 Part VIA — Residential tenancy databases Division 1 — Preliminary 82A. Terms used 110 82B. Application of Part 112


Contents

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Division 2 — Tenancy database information 82C. Notice of usual use of database 112 82D. Notice of listing if database used 114 82E. Listing can be made only for particular

breaches by particular persons 115 82F. Further restriction on listing 115 82G. Ensuring quality of listing — lessor’s or

agent’s obligation 116 82H. Ensuring quality of listing — database

operator’s obligation 117 82I. Providing copy of personal information

listed 118 82J. Disputes about listings 118 82K. Keeping personal information listed 119

Part 5 — Amendments to other Acts Division 1 — Disposal of Uncollected Goods

Act 1970 amended 97. Act amended 122 98. Schedule amended 122

Division 2 — Housing Act 1980 amended 99. Act amended 122 100. Section 62G amended 122

Division 3 — Magistrates Court (Civil Proceedings) Act 2004 amended

101. Act amended 123 102. Section 7 amended 123

Division 4 — Rates and Charges (Rebates and Deferments) Act 1992 amended

103. Act amended 123 104. Section 29B amended 123

Division 5 — Residential Parks (Long-stay Tenants) Act 2006 amended

105. Act amended 124 106. Section 22 amended 124 107. Glossary amended 124 108. Various references to “Fund” changed to

“Account” 125

Western Australia

LEGISLATIVE ASSEMBLY

(As amended in Committee)


A Bill for

An Act to amend the Residential Tenancies Act 1987 and to consequentially amend various other Acts.

The Parliament of Western Australia enacts as follows:

Residential Tenancies Amendment Bill 2011 Part 1 Preliminary s. 1

page 2

Part 1 — Preliminary 1

1. Short title 2

This is the Residential Tenancies Amendment Act 2011. 3

2. Commencement 4

This Act comes into operation as follows — 5

(a) sections 1 and 2 — on the day on which this Act 6

receives the Royal Assent; 7

(b) the rest of the Act — on a day fixed by proclamation, 8

and different days may be fixed for different provisions. 9

3. Act amended 10

This Act amends the Residential Tenancies Act 1987. 11

Residential Tenancies Amendment Bill 2011 General amendments Part 2

s. 4

page 3

Part 2 — General amendments 1

4. Long title amended 2

In the long title delete “owners” and insert: 3

4

lessors 5

6

5. Section 3 amended 7

(1) In section 3 delete the definitions of: 8

owner 9

tenant 10

(2) In section 3 insert in alphabetical order: 11

12

bond means a security bond or a tenant compensation 13

bond; 14

bond administrator means the Commissioner as 15

defined in the Fair Trading Act 2010 section 6; 16

expiry day, in relation to a residential tenancy 17

agreement that creates a tenancy for a fixed term, 18

means the day on which the residential tenancy 19

agreement would (but for the operation of this Act) 20

upon its terms have terminated by effluxion of time or 21

the happening of an event; 22

lessor — 23

(a) means a person who grants the right to occupy 24

residential premises under a residential tenancy 25

agreement; and 26

(b) includes — 27

(i) a personal representative, successor or 28

assignee of a lessor; and 29

Residential Tenancies Amendment Bill 2011 Part 2 General amendments s. 5

page 4

(ii) where the context requires, a 1

prospective, or former, lessor; 2

property manager means a person who is — 3

(a) licensed under the Real Estate and Business 4

Agents Act 1978; and 5

(b) in relation to a residential tenancy agreement, 6

the agent of the lessor of the premises to which 7

the agreement relates; 8

reasonable grounds, for suspecting that a tenant has 9

abandoned residential premises, means that the tenant 10

has failed to pay rent under the residential tenancy 11

agreement and that at least one of the following has 12

occurred — 13

(a) the presence at the premises of uncollected 14

mail, newspapers or other material; 15

(b) reports from neighbours of the tenant or from 16

other persons indicating the tenant has 17

abandoned the premises; 18

(c) the absence of household goods at the premises; 19

(d) the disconnection of services (including gas, 20

electricity and telephone) to the premises; 21

Rental Accommodation Account means the Rental 22

Accommodation Account established under Schedule 1 23

clause 3; 24

tenant — 25

(a) means a person who is granted a right of 26

occupancy of residential premises under a 27

residential tenancy agreement; and 28

(b) includes, where the context requires, a 29

prospective, or former, tenant; 30

tenant compensation bond means a bond referred to in 31

section 59D(2). 32

33


s. 6

page 5

(3) In section 3 in the definition of residential tenancy agreement 1

before “whether express” insert: 2

3

whether or not in writing and 4

5

(4) In section 3 in the definition of security bond delete “his” and 6

insert: 7

8

the tenant’s 9

10


(1) In section 5(2): 12

(a) delete “agreement —” and insert: 13

14

agreement in any of the following circumstances — 15

16

(b) in paragraph (a) delete “premises;” and insert: 17

18

premises, unless the period of the tenancy is 19

one month or longer; 20

21

(c) in paragraph (f) delete “as owner,” and insert: 22

23

as lessor, 24

25

(d) in paragraph (f) delete “Crown; or” and insert: 26

27

Crown; 28

29


page 6

(2) In section 5(3): 1

(a) delete “to —” and insert: 2

3

to any of the following — 4

5

(b) delete paragraph (b) and insert: 6

7

(b) accommodation for students provided — 8

(i) by an educational institution; or 9

(ii) by an entity, other than the educational 10

institution, if the accommodation is 11

provided other than for the purpose of 12

making a profit, 13

unless the accommodation is prescribed, or is 14

of a class prescribed, for the purposes of this 15

paragraph; 16

(ca) any part of a hospital or nursing home; 17

18

(c) delete paragraph (d) and insert: 19

20

(d) any premises used to provide residential care to 21

approved care recipients by an approved 22

provider as defined in the Aged Care Act 1997 23

(Commonwealth); 24

25


In section 7(3): 27

(a) in paragraph (b) delete “his” and insert: 28

29

the lessor’s 30

31


s. 8

page 7

(b) delete “apply, notwithstanding section 29(4) — ” and 1

insert: 2

3

apply — 4

5

(c) in paragraph (c) delete “in accordance with either 6

paragraph (a) or (b) of clause 2(1) of Schedule 1;” and 7

insert: 8

9

to the bond administrator; 10

11

(d) in paragraph (d) delete “agreement; and” and insert: 12

13

agreement; 14

15

(e) delete paragraph (e) and insert: 16

17

(e) any amount paid to the bond administrator must 18

be credited to the Rental Accommodation 19

Account and is to be taken, for the purposes of 20

this Act, to have been paid under 21

section 29(4)(b). 22

23

Note: The heading to amended section 7 is to read: 24

Transitional provisions relating to the commencement of this Act 25


(1) Before section 9(1) insert: 27

28

(1A) In this section — 29

party, in relation to a residential tenancy agreement, 30

means a lessor or tenant under that agreement. 31

32


page 8

(2) In section 9(2) delete “he” and insert: 1

2

the Commissioner 3

4

(3) In section 9(3)(b) delete “him” and insert: 5

6

the Commissioner 7

8

(4) In section 9(4)(e) delete “his” and insert: 9

10

the party’s 11

12


14

the Commissioner 15

16


18

the Commissioner 19

20

(7) Delete section 9(10). 21


In section 10 delete “his” and insert: 23

24

the Commissioner’s 25

26


s. 10

page 9

10. Section 11A amended 1

In section 11A(1) delete the Penalty and insert: 2

3

Penalty: a fine of $20 000. 4

5


In section 13(5) delete “he” and insert: 7

8

the plaintiff 9

10

12. Section 13A amended 11

(1) In section 13A(3) delete “situated but, with the consent of the 12

parties, may be made to the court at any other place.” and insert: 13

14

situated. 15

16

(2) After section 13A(3) insert: 17

18

(4) Subsection (3) does not prevent the Magistrates Court 19

from making an order under the Magistrates Court 20

(Civil Proceedings) Act 2004 section 22 that 21

proceedings under this Act are to be conducted at 22

another place in the State. 23

24



27

the lessor or tenant 28

29


page 10

(2) In section 15(4): 1

(a) delete “an agreement,” and insert: 2

3

a residential tenancy agreement, 4

5

(b) after “by the” insert: 6

7

lessor or 8

9

(3) After section 15(4) insert: 10

11

(5) The court may order that a person be joined as a party 12

to the proceedings if the court considers that — 13

(a) the person ought to be bound by, or have the 14

benefit of, a decision of the court in the 15

proceedings; or 16

(b) the person’s interests are affected by the 17

proceedings; or 18

(c) for any other reason it is desirable that the 19

person be joined as a party. 20

(6) The court may make an order under subsection (5) on 21

the application of any person or on its own initiative. 22

23


In section 16(1) delete the Penalty and insert: 25

26


28


s. 15

page 11

15. Section 17A inserted 1

After section 16 insert: 2

3

17A. Disputes between tenants 4

(1) Where 2 or more tenants under a residential tenancy 5

agreement are jointly liable under the agreement to pay 6

an amount to the lessor and one of the tenants (the first 7

tenant) pays another tenant’s portion of that amount, 8

the first tenant may apply to a competent court for an 9

order that the other tenant pay to the first tenant the 10

other tenant’s portion. 11

(2) The court hearing the application may — 12

(a) make the order referred to in subsection (1); 13

and 14

(b) order the payment of compensation to the first 15

tenant by the other tenant for loss or injury, 16

other than personal injury, caused by a failure 17

by the other tenant to pay that tenant’s portion 18

of the amount referred to in subsection (1); and 19

(c) make such ancillary or incidental order as the 20

court considers appropriate. 21

22


(1) In section 17(1): 24

(a) delete “the court that heard and determined the 25

proceedings” and insert: 26

27

a competent court 28

29


page 12

(b) delete “his” and insert: 1

2

the person’s 3

4

(2) In section 17(2) delete “within 14 days of ” and insert: 5

6

within 14 days after 7

8


(1) In section 19(1)(b): 10

(a) in subparagraph (ii) delete “he” and insert: 11

12

the person 13

14

(b) in subparagraph (ii) delete “him” and insert: 15

16

the person 17

18

(c) in subparagraph (iii) delete “he” and insert: 19

20

the person 21

22

(d) in subparagraph (iii) delete “him” and insert: 23

24

the person 25

26

(2) In section 19(2): 27

(a) delete “him” and insert: 28

29

the person 30

31


s. 18

page 13

(b) delete the Penalty and insert: 1

2


4


In section 20(f) delete “application or other step in respect of 6

proceedings must be made or” and insert: 7

8

action must be 9

10



13


proceedings means proceedings under this Act other 15

than proceedings for an offence against this Act. 16

17

(2) In section 22(1) delete “his” (each occurrence) and insert: 18

19

the party’s 20

21

(3) Delete section 22(2) and insert: 22

23

(2) A party to any proceedings may be represented or 24

assisted by an agent in the presentation of the party’s 25

case if the agent is authorised by the party to do so and 26

is — 27

(a) the property manager of the premises the 28

subject of the proceedings; or 29


page 14

(b) employed or engaged by a non-profit 1

association or similar body to act as an 2

advocate for tenants or lessors in proceedings. 3

(3A) The authorisation must — 4

(a) be made in writing in a form approved by the 5

Minister; and 6

(b) be lodged with the court together with the 7

application, or response to the application, to 8

which the proceedings relate, as the case 9

requires. 10

11

(4) In section 22(3): 12

(a) delete “if —” and insert: 13

14

if any of the following applies — 15

16

(b) in paragraph (d) delete “appear personally or conduct 17

the proceedings properly himself; or” and insert: 18

19

conduct the proceedings without representation 20

by a legal practitioner; 21

22

(5) In section 22(4): 23

(a) in paragraph (a) delete “he” and insert: 24

25

the officer or employee 26

27

(b) in paragraph (b) delete “his” and insert: 28

29

the person’s 30

31


s. 20

page 15

(6) In section 22(5): 1

(a) in paragraphs (a) and (b) delete “he” and insert: 2

3

the person 4

5

(b) delete paragraph (c) and insert: 6

7

(c) where the party is a lessor, the person is a 8

property manager of the premises the subject of 9

the proceedings. 10

11

(c) delete the Penalty and insert: 12

13


15

(d) after paragraph (a) insert: 16

17

or 18

19


(1) In section 23(1)(a) delete “his” and insert: 21

22

the party’s 23

24


26

the judicial officer 27

28


page 16


2

(4) The order is valid despite any inconsistency with 3

Part IV or V. 4

5

21. Part IV heading replaced 6

Delete the heading to Part IV and insert: 7

8

Part IV — Residential tenancy agreements 9

10

22. Part IV Division 1A inserted 11

At the beginning of Part IV insert: 12

13

Division 1A — Form of residential tenancy agreement 14

and associated documents 15

27A. Written residential tenancy agreement to be in 16

prescribed form 17

A lessor must not enter into a written residential 18

tenancy agreement except in the prescribed form. 19


27B. Information to be given to tenant by lessor 21

A lessor must give a copy of the information (if any) 22

prescribed for the purposes of this section to each 23

tenant — 24

(a) in the case of a written residential tenancy 25

agreement, at the time of entering into the 26

agreement; or 27


s. 22

page 17

(b) in any other case, within 14 days after the 1

tenant has taken possession of the residential 2

premises. 3


27C. Property condition report at start and end of 5

tenancy 6

(1) A lessor must, within 7 days after a tenant has entered 7

into occupation of residential premises under a 8

residential tenancy agreement — 9

(a) prepare a report describing the condition of the 10

premises; and 11

(b) provide 2 copies of the report to the tenant. 12


(2) A tenant given copies of a report under 14

subsection (1)(b) who disagrees with any information 15

in the report must, within 7 days of receiving the 16

copies — 17

(a) mark a copy in a manner that shows the 18

information with which the tenant disagrees; 19

and 20

(b) give the copy back to the lessor. 21

(3) If the tenant does not give a copy of the report back to 22

the lessor under subsection (2), the tenant is to be taken 23

to accept the report as a true and accurate description 24

of the condition of the residential premises. 25

(4) A lessor must, as soon as practicable, and in any event 26

within 14 days, after the termination of a tenancy — 27

(a) conduct an inspection of the residential 28

premises; and 29

(b) prepare a final report describing the condition 30

of the premises; and 31


page 18

(c) provide a copy of the report to the tenant. 1


(5) The tenant is to be given a reasonable opportunity to be 3

present at the inspection conducted under 4

subsection (4)(a). 5

(6) The regulations may prescribe information that must be 6

included in a property condition report. 7

8


(1) In section 27(1): 10

(a) delete “or prospective tenant”; 11

(b) delete “consideration for or in relation to entering into, 12

renewing, extending or continuing” and insert: 13

14

amount for or in relation to 15

16


18


20

(2) Delete section 27(2)(a) and insert: 21

22

(a) any amount, not exceeding a prescribed 23

amount, required or received as consideration 24

for an option to enter into a residential tenancy 25

agreement if — 26

(i) upon the option being exercised, the 27

amount is refunded in cash or applied 28

towards the rent payable under the 29

agreement; or 30


s. 24

page 19

(ii) upon the option being refused, and 1

within 7 days of the decision to refuse 2

the option, the amount is refunded in 3

cash, by electronic means or in any 4

other prescribed way; 5

and 6

7


(1) In section 28(1) delete the Penalty and insert: 9

10


12


14

(2) A person must not require any payment of rent (other 15

than the first payment) under a residential tenancy 16

agreement — 17

(a) until the period of the tenancy in respect of 18

which any previous payment has been made has 19

elapsed; and 20

(b) unless the amount does not exceed 2 weeks’ 21

rent. 22


24



27

(1A) In this section, unless the contrary intention appears — 28

pet does not include a guide dog as defined in the Dog 29

Act 1976 section 3(1); 30

security bond includes an instalment of a security 31

bond. 32


page 20

1

(2) In section 29(1): 2

(a) delete paragraph (b)(ii) and insert: 3

4

(ii) if the tenant is permitted to keep on the 5

premises any pet capable of carrying 6

parasites that can affect humans — a 7

prescribed amount to meet the cost of 8

any fumigation of the premises that may 9

be required on the termination of the 10

tenancy. 11

12


14


16


18

(2A) Subsection (1)(a) does not prevent a person from 19

receiving a security bond in instalments. 20

(2) Subsection (1)(b) does not apply in relation to a 21

residential tenancy agreement where the weekly rate of 22

rent payable under the agreement exceeds a prescribed 23

amount. 24

25

(4) In section 29(4): 26

(a) delete paragraphs (b) and (c) and insert: 27

28

(b) shall pay the amount of the bond to the bond 29

administrator in accordance with Schedule 1 30

clause 5A; and 31

(c) shall, at the time of making the payment 32

referred to in paragraph (b), lodge with the 33


s. 25

page 21

bond administrator a record in a form approved 1

by the Minister relating to the payment. 2

3

(b) delete paragraph (d); 4


6


8

(d) after paragraph (a) insert: 9

10

and 11

12


(6) In section 29(6): 14

(a) after “false” insert: 15

16

or misleading 17

18


20


22


24

(7) The bond administrator must pay the amount of the 25

security bond in accordance with Schedule 1 clause 5. 26

(8) A lessor and property manager must ensure that an 27

application form referred to in Schedule 1 28

clause 5(1)(a) is not signed by a tenant unless — 29

(a) the residential tenancy agreement to which the 30

security bond relates has terminated; and 31


page 22

(b) any amount of the security bond to be paid to 1

the lessor or tenant is stipulated on the form. 2


4

26. Section 29A deleted 5

Delete section 29A. 6


(1) In section 30(1): 8

(a) delete “section,” and insert: 9

10

section and except where rent payable under a 11

residential tenancy agreement is calculated by 12

reference to the tenant’s income, 13

14

(b) delete “notice in writing to the tenant” and insert: 15

16

written notice to the tenant, in a form approved by the 17

Minister, 18

19

(2) In section 30(2)(a) delete “the agreement provides that the rent 20

may increase or be increased; and” and insert: 21

22

the amount of the increase, or the method of 23

calculating the amount of the increase, is set out 24

in the agreement; and 25

26


Variation of rent (except where calculated by reference to tenant’s 28 income) 29


s. 28

page 23

28. Sections 31A and 31B inserted 1


3

31A. Variation of rent where calculated by reference to 4

tenant’s income 5

(1) Where rent payable under a residential tenancy 6

agreement is calculated by reference to the tenant’s 7

income, the method by which the rent is calculated by 8

reference to that income may be changed by the lessor 9

in accordance with this section but otherwise the rent 10

must not increase or be increased. 11

(2) The method may be changed by notice in writing to the 12

tenant, in a form approved by the Minister, 13

specifying — 14

(a) the change to the method; and 15

(b) the day as from which the change will take 16

effect, being a day — 17

(i) not less than 60 days after the day on 18

which the notice is given; and 19

(ii) not less than 6 months after the day on 20

which the tenancy commenced, or, if the 21

means of calculating rent has been 22

changed under this section, the day on 23

which it was last so changed. 24

31B. Increase in rent after renegotiating lease 25

If — 26

(a) a residential tenancy agreement creates a 27

tenancy for a fixed term (the former 28

agreement); and 29

(b) the parties enter into a new residential tenancy 30

agreement in relation to the same premises (the 31


page 24

new agreement) that is to commence 1

immediately after the end of the term of the 2

former agreement, whether under the terms of 3

the agreement or under section 76C, 4

then, during the first 30 days after the new agreement 5

was entered into, the tenant cannot be required under 6

the new agreement to pay an amount of rent more than 7

the amount payable under the former agreement. 8

9


In section 31(1)(b) delete “12 months” and insert: 11

12

6 months 13

14



17

(2) An application under subsection (1) must be made not 18

more than 30 days, or any greater period as the court 19

thinks fit having regard to the justice and merits of the 20

case, after — 21

(a) the tenant has received notice of — 22

(i) an increase in the rent payable; or 23

(ii) a change in the method of calculating 24

rent that results in an increase in the rent 25

payable; 26

or 27

(b) there has been, without any default on the part 28

of the tenant, a significant reduction in the 29

chattels or facilities provided with the premises. 30


s. 31

page 25

(3A) An application under subsection (1) may be made 1

despite the fact that the tenant has paid, or agreed to 2

pay, the rent to which the application relates. 3

4

(2) In section 32(4) delete “not being” and insert: 5

6

which may be a day 7

8


10


12


(1) In section 33(1): 14

(a) delete “within 3 days of ” and insert: 15

16

within 3 days after 17

18

(b) delete “give, or cause to be prepared and given, to” and 19

insert: 20

21

give to 22

23


25


27

(2) In section 33(2) delete “of the Commonwealth” and insert: 28

29

(Commonwealth) 30

31


page 26



3

34A. Manner of payment of rent 4

Except as otherwise provided in a residential tenancy 5

agreement, a tenant under the agreement may pay rent 6

in the form of cash or a cheque, or in the manner 7

referred to in section 33(2). 8

9


(1) In section 34(1): 11

(a) after “record” insert: 12

13

in accordance with subsection (2A) 14

15


17


19


21

(2A) The record should specify all of the following — 22

(a) the fact that the payment is for rent; 23

(b) the date the rent is received; 24

(c) the name of the person paying the rent; 25

(d) the amount paid; 26

(e) the period in respect of which it is paid; 27

(f) the premises in respect of which it is paid. 28

29


s. 34

page 27

(3) In section 34(2): 1

(a) delete “is to his knowledge false” and insert: 2

3

the person knows is false or misleading 4

5


7


9


In section 35 delete the Penalty and insert: 11

12


14

35. Part IV Division 2 heading amended 15

In the heading to Part IV Division 2 delete “General” and 16

insert: 17

18

Standard terms 19

20

36. Section 37 deleted 21

Delete section 37. 22


(1) In section 38(1) delete “every agreement” and insert: 24

25

every residential tenancy agreement 26

27


page 28

(2) In section 38(1)(b) delete “but within 3 days of ” and insert: 1

2

after 3

4


In section 39 delete “every agreement” and insert: 6

7


9

39. Section 40 replaced 10

Delete section 40 and insert: 11

12

40. Vacant possession 13

(1) In this section — 14

premises does not include — 15

(a) any part of the premises in respect of which the 16

tenant does not have a right of exclusive 17

occupation; or 18

(b) any part of the premises to which the parties to 19

the residential tenancy agreement have agreed 20

the tenant will not have access. 21

(2) It is a term of every residential tenancy agreement that 22

the tenant must have vacant possession of the premises 23

on the day on which the tenant is entitled to enter into 24

occupation of the premises under the agreement. 25

26


s. 40

page 29


In section 41: 2

(a) delete “every agreement” and insert: 3

4


6

(b) delete “he” and insert: 7

8

the lessor 9

10

41. Sections 42 to 46 replaced 11

Delete sections 42 to 46 and insert: 12

13

42. Lessor’s responsibility for cleanliness and repairs 14


premises includes fixtures and chattels provided with 16

the premises, but does not include — 17

(a) any fixture or chattel disclosed by the lessor as 18

not functioning before the agreement was 19

entered into; or 20

(b) any other fixture or chattel that the tenant could 21

not reasonably have expected to be functioning 22

at the time the agreement was entered into. 23


the lessor — 25

(a) must deliver up to the tenant vacant possession 26

of the premises in a reasonable state of 27

cleanliness and a reasonable state of repair 28

having regard to its age and character; and 29


page 30

(b) must maintain the premises in a reasonable 1

state of repair having regard to its age and 2

character and must conduct any repairs within a 3

reasonable period after the need for the repair 4

arises; and 5

(c) must comply with all requirements in respect of 6

buildings, health and safety under any other 7

written law insofar as they apply to the 8

premises. 9

43. Urgent repairs 10


prescribed period, in relation to the carrying out of 12

urgent repairs, means — 13

(a) in relation to repairs necessary for the supply or 14

restoration of a service prescribed in the 15

regulations as an essential service — 24 hours; 16

or 17

(b) in relation to any other urgent repairs — 18

48 hours or any longer period prescribed in the 19

regulations; 20

suitable repairer, in relation to urgent repairs, means a 21

person who is suitably qualified, trained or, if 22

necessary under any written law, licensed or otherwise 23

authorised, to undertake the work necessary to carry 24

out the repairs; 25

urgent repairs, in relation to residential premises, 26

means repairs to the premises that are necessary — 27

(a) for the supply or restoration of a service 28

prescribed in the regulations as an essential 29

service; or 30


s. 41

page 31

(b) to avoid — 1

(i) exposing a person to the risk of injury; 2

or 3

(ii) exposing property to damage; or 4

(iii) causing the tenant undue hardship or 5

inconvenience. 6


if a need for urgent repairs arises otherwise than as a 8

result of a breach of the agreement by the tenant — 9

(a) the tenant is to notify the lessor of the need for 10

those repairs as soon as practicable after the 11

need arises; and 12

(b) the lessor is to ensure that the repairs are 13

carried out by a suitable repairer as soon as 14

practicable after that notification. 15


if, within the prescribed period after the need for the 17

urgent repairs arises, the tenant is unable to contact the 18

lessor or, having notified the lessor of the need for the 19

repair, the lessor fails to ensure that the repairs are 20

carried out by a suitable repairer as soon as practicable 21

after that notification — 22

(a) the tenant may arrange for the repairs to be 23

carried out by a suitable repairer to the 24

minimum extent necessary to effect those 25

repairs; and 26

(b) the lessor must, as soon as practicable after the 27

repairs are carried out, reimburse the tenant for 28

any reasonable expense incurred by the tenant 29

in arranging for those repairs to be carried out 30

and paying for those repairs. 31


page 32

44. Quiet enjoyment 1


premises includes fixtures and chattels provided with 3

the premises, but does not include — 4

(a) any fixture or chattel disclosed by the lessor as 5

not functioning before the agreement was 6

entered into; or 7

(b) any other fixture or chattel that the tenant could 8

not reasonably have expected to be functioning 9

at the time the agreement was entered into. 10

(2) It is a term of every residential tenancy agreement — 11

(a) that the tenant is to have quiet enjoyment of the 12

premises without interruption by the lessor or 13

any person claiming by, through or under the 14

lessor or having superior title to that of the 15

lessor; and 16

(b) that the lessor must not cause or permit any 17

interference with the reasonable peace, comfort 18

or privacy of the tenant in the use by the tenant 19

of the premises; and 20

(c) that the lessor must take all reasonable steps to 21

enforce the obligation of any other tenant of the 22

lessor in occupation of adjacent premises not to 23

cause or permit any interference with the 24

reasonable peace, comfort or privacy of the 25

tenant in the use by the tenant of the premises. 26

45. Securing premises 27

It is a term of every residential tenancy agreement — 28

(a) that the lessor must provide and maintain such 29

means to ensure that the residential premises 30

are reasonably secure as are prescribed in the 31

regulations; and 32


s. 41

page 33

(b) that any lock or other means of securing the 1

residential premises must not be altered, 2

removed or added by a lessor or tenant without 3

the consent of the other given at, or 4

immediately before, the time that the alteration, 5

removal or addition is carried out; and 6

(c) that the lessor or the tenant must not 7

unreasonably withhold the consent referred to 8

in paragraph (b). 9

46. Lessor’s right of entry 10


lessor, in relation to premises, includes the property 12

manager of the premises acting on behalf of the lessor; 13

premises means any part of the premises in respect of 14

which the tenant has a right of exclusive occupation; 15

reasonable time means — 16

(a) between 8.00 a.m. and 6.00 p.m. on a weekday; 17

or 18

(b) between 9.00 a.m. and 5.00 p.m. on a Saturday; 19

or 20

(c) at any other time agreed between the lessor and 21

each tenant. 22


the lessor may enter the premises in all or any of the 24

following circumstances but not otherwise — 25

(a) in any case of emergency; 26

(b) for conducting routine inspections of the 27

premises or any other purpose, on a day and at 28

a reasonable time, specified by notice in writing 29

given to the tenant — 30

(i) not less than 7 days before the proposed 31

entry; and 32


page 34

(ii) within 14 days before the proposed 1

entry; 2

(c) at any reasonable time for the purpose of 3

collecting the rent under the agreement, where 4

it is payable not more frequently than once 5

every week and it is agreed that the rent be 6

collected at the premises; 7

(d) under section 77(4); 8

(e) for the purpose of carrying out or inspecting 9

necessary repairs to or maintenance of the 10

premises, at any reasonable time, after giving 11

the tenant not less than 72 hours notice in 12

writing before the proposed entry; 13

(f) for the purpose of showing the premises to 14

prospective tenants, at any reasonable time and 15

on a reasonable number of occasions during the 16

period of 21 days preceding the termination of 17

the agreement, after giving the tenant 18

reasonable notice in writing; 19

(g) for the purpose of showing the premises to 20

prospective purchasers, at any reasonable time 21

and on a reasonable number of occasions, after 22

giving the tenant reasonable notice in writing; 23

(h) with the consent of the tenant given at, or 24

immediately before, the time of entry. 25


the lessor may enter the premises under 27

subsection (2)(b) for the purpose of inspecting the 28

premises not more than 4 times in any 12 month 29

period. 30


before the lessor gives notice under subsection (2) of a 32

proposed entry to the premises, the lessor must make a 33


s. 42

page 35

reasonable attempt to negotiate a day and time for that 1

entry that does not unduly inconvenience the tenant. 2


where a lessor gives a tenant notice of an intention to 4

enter premises on a particular day under subsection (2), 5

the notice must specify — 6

(a) the day of the entry; and 7

(b) whether the entry will be before or after 8

12.00 p.m. on that day. 9


if the lessor exercises a right of entry under 11

subsection (2)(f) or (g) the tenant is entitled to be on 12

the premises during the entry. 13


the lessor exercising a right of entry under this 15

section — 16

(a) must do so in a reasonable manner; and 17

(b) must not, without the tenant’s consent, stay or 18

permit others to stay on the premises longer 19

than is necessary to achieve the purpose of the 20

entry. 21


the lessor is to compensate the tenant if the lessor or 23

any person accompanying the lessor causes damage to 24

the tenant’s goods on the premises when exercising a 25

right of entry under subsection (2). 26

27


(1) In section 47(1) delete “An agreement” and insert: 29

30

A residential tenancy agreement 31

32


page 36

(2) In section 47(2)(b) and (c) delete “he” (each occurrence) and 1

insert: 2

3

the tenant 4

5


7

(3) It is a term of every residential tenancy agreement 8

that — 9

(a) the lessor may affix any fixture or make any 10

renovation, alteration or addition to the 11

premises, but only with the tenant’s consent; 12

and 13

(b) the tenant must not unreasonably withhold such 14

consent. 15

16


(1) In section 48: 18

(a) delete “It is a term of every agreement” and insert: 19

20

(1) It is a term of every residential tenancy agreement 21

22

(b) in paragraph (c) delete ““water services”, as defined in 23

the Water Agencies (Powers) Act 1984,” and insert: 24

25

water supply or sewerage services under the 26

Water Agencies (Powers) Act 1984, 27

28


s. 44

page 37

(2) At the end of section 48 insert: 1

2


a contribution levied on a proprietor under the Strata 4

Titles Act 1985 section 36 cannot be passed on to a 5

tenant. 6

7



10

49A. Lessor’s and tenant’s responsibilities in respect of 11

public utility services 12


GST has the meaning given in the A New Tax System 14

(Goods and Services Tax) Act 1999 (Commonwealth); 15

public utility services has the meaning given in the 16

Land Administration Act 1997 section 3(1). 17


the tenant must pay a charge in relation to a public 19

utility service provided to the premises only if — 20

(a) the charge is calculated by reference to 21

consumption at the residential premises by the 22

tenant; and 23

(b) the tenant is given notice in writing of the 24

charge in relation to the public utility service, 25

specifying — 26

(i) if consumption at the premises is 27

metered — the relevant meter reading, 28

or readings, and the charge per metered 29

unit; or 30


page 38

(ii) if consumption at the premises is not 1

metered and the lessor and tenant have 2

agreed in writing to an alternative 3

method of calculating the charge to be 4

paid by the tenant — the charge 5

calculated in accordance with the agreed 6

method; 7

and 8

(c) the tenant is provided with full details of the 9

account for the charge including — 10

(i) any meter readings and the charge per 11

metered unit; or 12

(ii) the agreed method of calculating 13

referred to in paragraph (b)(ii), 14

and the amount of GST payable in respect of 15

the provision of the public utility service to the 16

residential premises. 17

18


(1) In section 49(1): 20

(a) delete “An agreement” and insert: 21

22

A residential tenancy agreement 23

24

(b) in paragraphs (a), (b) and (c) delete “his” and insert: 25

26

the tenant’s 27

28

(2) In section 49(2)(b) delete “his” and insert: 29

30

the lessor’s 31

32


s. 46

page 39


In section 50(1) delete “every agreement” and insert: 2

3


5

47. Part IV Division 3 heading inserted 6


8

Division 3 — General 9

10



13

51. Tenant to be notified of lessor’s name and address 14

(1) Unless subsection (2) applies, at the time of entering 15

into a residential tenancy agreement the lessor must 16

notify the tenant, or cause the tenant to be notified, in 17

writing of — 18

(a) if the lessor is an individual — the full name 19

and address of — 20

(i) the lessor; and 21

(ii) any person having superior title to that 22

of the lessor; 23

or 24

(b) if the lessor is a body corporate — the full 25

name and business address of the secretary of 26

the body corporate. 27



page 40

(2) If residential premises that are the subject of a 1

residential tenancy agreement are managed by a 2

property manager, the lessor and the property manager 3

must, at the time of entering into the agreement, notify 4

the tenant, or cause the tenant to be notified, in writing 5

of — 6

(a) the full name of the lessor; and 7

(b) the full name and address of the property 8

manager. 9


(3) Where a person succeeds another person as the lessor 11

under a residential tenancy agreement, the new lessor 12

must, within 14 days after the succession, notify the 13

tenant, or cause the tenant to be notified, in writing 14

of — 15

(a) the full name and address of the new lessor; and 16

(b) where the new lessor is a body corporate, the 17

full name and business address of the secretary 18

of the body corporate. 19


(4) Where any name or address of which the lessor is 21

required to notify the tenant under this section is 22

changed, the lessor must, within 14 days after the 23

change, notify the tenant, or cause the tenant to be 24

notified, in writing of the changed name or address. 25


27



30


32


s. 50

page 41



3

53. Tenant’s name, place of employment and 4

forwarding address 5

(1) A tenant under a residential tenancy agreement must 6

not falsely state to the lessor the tenant’s name or place 7

of employment. 8


(2) Where a tenant has stated a place of employment to the 10

lessor and that place is changed, the tenant must, within 11

14 days after the change, notify the lessor, or cause the 12

lessor to be notified, in writing of the new place of 13

employment. 14


(3) A tenant under a residential tenancy agreement must, at 16

the time of delivering up possession of the premises to 17

which the agreement relates, notify the lessor, or cause 18

the lessor to be notified, in writing of — 19

(a) the address at which the tenant intends to next 20

reside; or 21

(b) the tenant’s postal address. 22


24


(1) In section 54(1): 26

(a) delete “An owner, or agent of an owner” and insert: 27

28

A lessor or a property manager of residential premises 29

30


page 42

(b) after “written” insert: 1

2

residential tenancy 3

4

(c) in paragraph (b) delete “within 21 days” and insert: 5

6

within 14 days 7

8

(d) delete the Penalty and insert: 9

10


12

(2) In section 54(2): 13

(a) delete “an owner, or agent of an owner,” and insert: 14

15

a lessor or a property manager of residential premises 16

17

(b) delete “the owner, or agent of the owner,” and insert: 18

19

the lessor or property manager 20

21


Lessor to deliver copy of agreement to tenant 23



26

55. Cost of written agreement to be borne by lessor 27

Where a lessor requires the execution of a written 28

residential tenancy agreement or a memorandum of a 29

residential tenancy agreement, the cost of its 30

preparation must be borne by the lessor. 31

32


s. 53

page 43



3


5

(2) In section 56(2)(b): 6

(a) delete “his” and insert: 7

8

the person’s 9

10

(b) delete “person, if it” and insert: 11

12

person on the ground that it 13

14


16


18



After section 57(1) insert: 21

22

(2A) A lessor or property manager who executes a 23

residential tenancy agreement with a provision of the 24

kind referred to in subsection (1) commits an offence. 25


27


page 44


In section 58 delete “an agreement.” and insert: 2

3

a residential tenancy agreement. 4

5

56. Sections 59A to 59F inserted 6

At the end of Part IV insert: 7

8

59A. Minors 9


minor means a person who has reached 16 years of age 11

but who has not reached 18 years of age. 12

(2) Despite any other law in force in this State — 13

(a) a minor has the capacity to enter into a 14

residential tenancy agreement as a tenant; and 15

(b) a residential tenancy agreement may be 16

enforced in accordance with this Act against a 17

minor who is a tenant. 18

59B. Death of one of 2 or more tenants 19

(1) This section applies if — 20

(a) 2 or more tenants are parties to a residential 21

tenancy agreement; and 22

(b) the tenants are not joint tenants under the 23

agreement; and 24

(c) one of the tenants dies. 25

(2) On the death of the tenant — 26

(a) the deceased tenant’s interest in the tenancy 27

ends; and 28


s. 56

page 45

(b) the agreement continues in force with the 1

parties to the agreement being the lessor and 2

the surviving tenant or tenants. 3

(3) Subsection (2) does not affect, as between the deceased 4

tenant and the surviving tenant or tenants, any right 5

(including, in particular, a right relating to a security 6

bond) or liability of the deceased tenant existing 7

immediately before the deceased tenant’s death. 8

59C. Recognition of certain persons as tenants 9

(1) A person who is not a tenant but who is occupying 10

residential premises to which a residential tenancy 11

agreement applies may apply to a competent court to 12

be recognised as a tenant under the agreement or to be 13

joined as a party to any proceedings before the court 14

relating to the premises, or both. 15

(2) An application by a person to be recognised as a tenant 16

may be made at the same time as any other application 17

or during proceedings before the court or 18

independently of any such other application or 19

proceedings. 20

(3) On application by a person under this section the court 21

may make either or both of the following orders — 22

(a) an order recognising the person as a tenant 23

under a residential tenancy agreement and in 24

that case the person is to be taken, for the 25

purposes of this or any other Act and of the 26

agreement, to be a tenant under the agreement; 27

(b) an order joining the person as a party to 28

proceedings. 29

(4) In making an order referred to in subsection (3)(a) the 30

court may order that the tenancy be continued on such 31

of the terms and conditions of the residential tenancy 32


page 46

agreement as it thinks are appropriate having regard to 1

the circumstances of the case. 2

59D. Tenant compensation bonds 3


tenant compensation order means an order under 5

section 15(2)(b) in relation to a failure by a lessor to 6

reimburse a tenant for reasonable expenses incurred by 7

the tenant in arranging for urgent repairs to be carried 8

out, and paying for those repairs, in accordance with 9

section 43. 10

(2) A court that makes a tenant compensation order against 11

a lessor may make a further order requiring the lessor 12

to pay to the bond administrator a tenant compensation 13

bond to cover any future tenant compensation orders 14

that might be made against the lessor in respect of — 15

(a) a particular tenant or particular residential 16

premises of the lessor; or 17

(b) any tenant or residential premises of the lessor. 18

(3) The tenant compensation bond is to be an amount 19

determined by the court. 20

(4) The lessor may apply to the court for an order that the 21

whole or part of a tenant compensation bond is to be 22

paid back to the lessor. 23

(5) The court may make the order referred to in 24

subsection (4) if it is satisfied that it is appropriate in 25

the circumstances to do so. 26

(6) The bond administrator must pay the amount of the 27

tenant compensation bond in accordance with — 28

(a) Schedule 1 clause 10; or 29

(b) an order under subsection (5) and Schedule 1 30

clause 11. 31


s. 56

page 47

59E. Interference with quiet enjoyment 1

(1) A lessor who causes or permits interference with the 2

reasonable peace, comfort or privacy of the tenant in 3

the tenant’s use of the premises commits an offence. 4


(2) The liability of a person in civil proceedings is not 6

affected by the commencement of proceedings against 7

the person for an offence under subsection (1) or the 8

conviction of the person in proceedings for the offence. 9

59F. Offences relating to security of residential premises 10

(1) A lessor or tenant who breaches the term referred to in 11

section 45(b) without reasonable excuse commits an 12

offence. 13


(2) A property manager of residential premises who, 15

without reasonable excuse alters, removes or adds a 16

lock or other means of securing the residential 17

premises without the consent of the tenant given at, or 18

immediately before, the time that the alteration, 19

removal or addition is carried out, in addition to any 20

civil liability that the property manager might incur, 21

commits an offence. 22


(3) The liability of a person in civil proceedings is not 24

affected by the commencement of proceedings against 25

the person for an offence under this section or the 26

conviction of the person in proceedings for the offence. 27

28


page 48

57. Part V Division 1 heading inserted 1

At the beginning of Part V insert: 2

3

Division 1 — How residential tenancy agreements 4

are terminated 5

6

58. Section 59 deleted 7

Delete section 59. 8


(1) In section 60(1): 10

(a) delete “(1) Notwithstanding” and insert: 11

12

Despite 13

14

(b) delete “except —” and insert: 15

16

except in one of the following circumstances — 17

18

(c) delete paragraph (b) and insert: 19

20

(b) in the case of a tenancy for a fixed term, where 21

the lessor or tenant gives a notice of 22

termination under section 70A and — 23

(i) the tenant delivers up possession of the 24

premises on or after the day on which 25

the term of the agreement expires in 26

accordance with that section; or 27

(ii) a competent court, upon application by 28

the lessor, terminates the agreement 29

under section 72; 30

31


s. 60

page 49

(d) delete paragraph (h) and insert: 1

2

(h) where the agreement terminates by merger; 3

4

(e) after paragraph (h) insert: 5

6

(i) where every tenant dies. 7

8

(2) Delete section 60(2) and (3). 9



12

Division 2 — Notices of termination 13

14



17

61. Form of notice of termination by lessor 18

Notice of termination of a residential tenancy 19

agreement by the lessor must — 20

(a) be in writing and in the prescribed form; and 21

(b) be signed by the lessor or a property manager 22

of the residential premises; and 23

(c) identify the premises the subject of the 24

agreement; and 25

(d) specify the day on which possession of the 26

premises is to be delivered up by the tenant; 27

and 28


page 50

(e) specify and give particulars of the ground, if 1

any, upon which the notice is given. 2

3


In section 62(2) delete “7 days.” and insert: 5

6

7 days before the day on which the tenant is required 7

under the notice to give the lessor possession of the 8

premises. 9

10

63. Sections 63 and 64 replaced 11

Delete sections 63 and 64 and insert: 12

13

63. Notice of termination by lessor who has entered into 14

contract of sale 15

(1) A lessor may give notice of termination of a residential 16

tenancy agreement to the tenant on the ground that the 17

lessor has entered into a contract for the sale of the 18

premises to which the agreement relates and under that 19

contract the lessor is required to give vacant possession 20

of the premises. 21

(2) Where a lessor gives notice of termination under 22

subsection (1) the period of notice must be not less 23

than 30 days before the day on which the tenant is 24

required under the notice to give to the lessor 25

possession of the premises. 26

(3) A lessor, or a property manager acting on behalf of the 27

lessor, must not give notice of termination under this 28

section that the person knows is false or misleading in 29

a material particular. 30



s. 63

page 51

(4) This section does not apply to a residential tenancy 1

agreement that creates a tenancy for a fixed term 2

during the currency of that term. 3

64. Notice of termination by lessor without any ground 4

(1) A lessor may give notice of termination of a residential 5

tenancy agreement to the tenant without specifying any 6

ground for the notice. 7

(2) Where a lessor gives notice of termination under this 8

section, the period of notice must be not less than 9

60 days before the day on which the tenant is required 10

under the notice to give to the lessor possession of the 11

premises. 12

(3) A tenant may, within 7 days after receiving a notice of 13

termination under this section, apply to a competent 14

court for an order — 15

(a) that the period of notice be extended by a 16

further period of up to 60 days; or 17

(b) if the tenant is of the opinion that the grounds 18

set out in section 71(3)(b)(i) apply — that the 19

residential tenancy agreement is not terminated 20

as a consequence of the notice. 21

(4) On an application under subsection (3) the court may, 22

as it thinks fit having regard to the justice and merits of 23

the case — 24

(a) extend the period of notice for a further period 25

of up to 60 days and make such other orders as 26

to compensation of the lessor for any loss 27

caused by the extension or as to any other 28

matter that it considers is, in the circumstances 29

of the case, appropriate; or 30

(b) make an order that the residential tenancy 31

agreement is not terminated as a consequence 32

of the notice; or 33


page 52

(c) make an order referred to in section 71(2) and 1

in that case the court must specify the day as 2

from which the order for possession operates, 3

being a day that is the later of — 4

(i) a day not less than 60 days after the day 5

on which the notice of termination was 6

received; or 7

(ii) a day within 7 days after the day on 8

which the order was made. 9

(5) This section does not apply in relation to a residential 10

tenancy agreement that creates a tenancy for a fixed 11

term during the currency of that term. 12

13


In section 65(1) delete “an agreement —” and insert: 15

16

a residential tenancy agreement — 17

18


In section 66 delete “he” and insert: 20

21

the lessor 22

23


In section 68(2) delete “21 days.” and insert: 25

26

21 days before the termination day. 27

28


s. 67

page 53


(1) In section 69(2) delete “7 days.” and insert: 2

3


5


7


9



12

70A. Notice of termination by lessor or tenant at end of 13

fixed term tenancy 14


agreement means a residential tenancy agreement that 16

creates a tenancy for a fixed term; 17

notice means a notice of termination referred to in 18

subsection (2); 19

possession day means the day specified in a notice as 20

the day on which possession of the premises is to be 21

delivered up by the tenant and has the meaning affected 22

by subsection (6). 23

(2) Despite any other written law or a requirement under a 24

contract, the term of a residential tenancy agreement 25

does not end on the expiry day unless the lessor or 26

tenant has given a notice of termination of the 27

agreement to the other party specifying a day on which 28

possession of the residential premises is to be delivered 29

up by the tenant. 30


page 54

(3) The notice must be given not later than 30 days before 1

the possession day. 2

(4) The possession day must not be a day earlier than the 3

expiry day. 4

(5) If the possession day is later than the expiry day, 5

then — 6

(a) the term of the agreement expires on the 7

possession day, and not on the expiry day; and 8

(b) the terms of the agreement are to be taken, for 9

all purposes, to be varied to that extent. 10

(6) If both the lessor and tenant give a notice to each other 11

and the notices specify different possession days, then 12

the day that is the earlier of the 2 days is to be taken to 13

be the possession day. 14

(7) If — 15

(a) the day on which the term of the agreement is 16

to expire under subsection (5)(a) is the 17

possession day under a notice given by the 18

lessor; and 19

(b) the tenant delivers up possession of the 20

premises after the expiry day but before the 21

possession day, 22

then the day on which the tenant delivers up possession 23

of the premises is to be taken to be the possession day 24

for the purposes of subsection (5). 25

26


s. 69

page 55


Before section 71 insert: 2

3

Division 4 — Orders for termination of residential 4

tenancy agreement 5

6


(1) In section 71(1) after “under this Act” insert: 8

9

except under section 70A 10

11

(2) In section 71(3)(a) delete “30 days,” and insert: 12

13

30 days after the day on which the orders are made, 14

15

(3) In section 71(4): 16


18

the tenant’s 19

20


22

the lessor 23

24

(4) In section 71(5) delete “not more than” and insert: 25

26

within 27

28


page 56



3


agreement has the meaning given in section 70A(1); 5

possession day has the meaning given in 6

section 70A(1). 7

(1) Where a lessor or a tenant under an agreement gives 8

notice of termination under section 70A and the tenant 9

fails to deliver up possession of the premises on the 10

possession day, the lessor may, within 30 days after the 11

possession day, apply to a competent court for an order 12

terminating the agreement and an order for possession 13

of the premises. 14

15

(2) In section 72(3)(b): 16

(a) in subparagraph (i) delete “he” and insert: 17

18

the lessor 19

20

(b) in subparagraph (ii) delete “his” and insert: 21

22

the tenant’s 23

24

(3) In section 72(4) delete “not more than” and insert: 25

26

within 27

28


s. 72

page 57


In section 73(1) delete “the owner or his agent” and insert: 2

3

the lessor or the property manager of the premises 4

5


(1) In section 74(1): 7

(a) delete “the owner” (each occurrence) and insert: 8

9


11


13


15

(2) In section 74(2)(b) after “tenant” insert: 16

17

or lessor 18

19


Termination of agreement where lessor or tenant would otherwise 21 suffer undue hardship 22

74. Sections 76A and 76B, Part V Division 5 heading and 23

section 76C inserted 24


26

76A. Termination of agreement by lessor if premises 27

abandoned 28

(1) If a lessor suspects on reasonable grounds that a tenant 29

has abandoned the residential premises, the lessor may 30


page 58

give a written notice to the tenant terminating the 1

agreement. 2

(2) The notice must be in a form approved by the Minister 3

and must — 4

(a) be signed by or for the lessor or property 5

manager; and 6

(b) identify the residential premises; and 7

(c) state the lessor is terminating the agreement 8

because the tenant has abandoned the premises. 9

(3) If the tenant does not take action under section 76B to 10

dispute the notice within 7 days after being given the 11

notice, the tenant is to be taken to have abandoned the 12

premises. 13

76B. Dispute about s. 76A notice 14

(1) If the tenant wishes to dispute a notice given under 15

section 76A, the tenant may apply to a competent court 16

for an order — 17

(a) setting aside the notice; or 18

(b) for compensation. 19

(2) The application must be made within 28 days after the 20

notice is given. 21

(3) On an application under this section, the court may — 22

(a) if the application was made within 7 days after 23

the notice was given — make an order setting 24

aside the notice; or 25

(b) if paragraph (a) does not apply — make any of 26

the following orders — 27

(i) an order terminating the agreement; 28

(ii) an order requiring the lessor to pay to 29

the tenant the amount stated by the court 30

as compensation for loss or expense 31


s. 75

page 59

incurred by the tenant because of the 1

termination of the agreement; 2

(iii) any other order it considers appropriate. 3


76C. Fixed term tenancies continued as periodic 5

tenancies 6

(1) This section applies to a residential tenancy agreement 7

that creates a tenancy for a fixed term unless the 8

agreement is terminated before the expiry day. 9

(2) Subject to subsection (3), a residential tenancy 10

agreement continues as a periodic tenancy after the 11

expiry day on the same terms that applied immediately 12

before the expiry day. 13

(3) A competent court may, upon application by the lessor 14

or tenant, make such modification to the terms of the 15

residential tenancy agreement as may be necessary for, 16

or appropriate to, its continuance. 17

18



21

77. Abandonment of premises 22

(1) If the lessor suspects on reasonable grounds that the 23

tenant has abandoned the residential premises, the 24

lessor may give to the tenant a written notice stating 25

that — 26

(a) the lessor suspects that the tenant has 27

abandoned the premises; and 28

(b) unless the tenant informs the lessor within 29

24 hours after the giving of the notice that the 30


page 60

tenant has not abandoned the premises, the 1

lessor — 2

(i) will enter the premises for the purpose 3

of inspecting and securing them; and 4

(ii) may give to the tenant a notice under 5

section 76A or apply to a competent 6

court for an order under section 78A. 7

(2) The notice under subsection (1) must be in a form 8

approved by the Minister. 9

(3) The lessor must give the notice to the tenant by — 10

(a) leaving a copy at the premises; and 11

(b) leaving a copy at the tenant’s last known place 12

of employment. 13

(4) If the tenant fails to notify the lessor within 24 hours 14

after notice has been given under subsection (3) that 15

the premises have not been abandoned, the lessor may 16

enter the premises for the purposes of inspecting and 17

securing them. 18

78A. Order about abandonment 19

(1) If a lessor suspects on reasonable grounds that the 20

tenant has abandoned the residential premises, the 21

lessor may apply to a competent court for an order 22

under this section. 23

(2) The lessor may make the application instead of giving 24

a notice under section 76A to the tenant. 25

(3) If an application is made, the court may make an order 26

declaring that the premises were abandoned by the 27

tenant on the day stated in the order. 28

(4) If the court makes an order under subsection (3), the 29

tenant is taken to have abandoned the premises on the 30

day stated in the order. 31


s. 76

page 61

78B. Review of abandonment order 1

(1) The tenant under a residential tenancy agreement who 2

is dissatisfied with a decision of a court under 3

section 78A(3) declaring that the tenant abandoned the 4

premises on a stated day may apply to the court for a 5

review of the decision. 6

(2) The application must be made within 28 days after the 7

decision is made. 8

(3) The review is to be by way of a rehearing. 9

(4) The court — 10

(a) must exercise its original jurisdiction for the 11

review; and 12

(b) may make an order under this section if it is 13

satisfied the applicant did not abandon the 14

premises or only abandoned the premises on a 15

day after the day stated. 16

(5) The order the court may make is an order requiring the 17

lessor under the agreement to pay to the tenant an 18

amount the court considers appropriate as 19

compensation for any loss or expense incurred by the 20

tenant by the termination of the agreement. 21

22



25


goods does not include a tenant’s document as defined 27

in section 80A. 28

29


page 62


2

60 days after the day on which the agreement is terminated. 3

4

(3) At the end of section 79(2) insert: 5

6


8

(4) In section 79(3): 9

(a) delete “he” and insert: 10

11

the lessor 12

13

(b) in paragraph (a) delete “former”; 14

(c) in paragraph (a) delete “him” and insert: 15

16

the lessor 17

18

(d) in paragraph (a) delete “his” and insert: 19

20

the tenant’s 21

22

(5) At the end of section 79(3) insert: 23

24


26

(6) In section 79(4) delete “his” and insert: 27

28


30


s. 76

page 63

(7) In section 79(5): 1

(a) delete “an owner” and insert: 2

3

a lessor 4

5

(b) delete “he” (each occurrence) and insert: 6

7

the lessor 8

9

(c) delete “the owner” (second occurrence) and insert: 10

11

the lessor 12

13

(8) In section 79(6): 14

(a) in paragraph (c) delete “his” and insert: 15

16


18

(b) delete “him” and insert: 19

20

the lessor 21

22

(9) In section 79(10): 23

(a) delete “he” (each occurrence) and insert: 24

25

the lessor 26

27


29

the lessor’s 30

31


page 64

(10) In section 79(12) delete “him.” and insert: 1

2

the person. 3

4

(11) In section 79(13): 5


7

the purchaser 8

9

(b) delete “former”. 10

(12) In section 79(14)(b): 11


13

the lessor 14

15

(b) delete “former”. 16

(13) In section 79(15) delete “former”. 17




21

80A. Abandoned documents 22


tenant’s document means — 24

(a) an official document; or 25

(b) a photograph; or 26

(c) correspondence; or 27

(d) any other document which it would be 28

reasonable to expect that a person would want 29

to keep. 30


s. 77

page 65


(a) a residential tenancy agreement is terminated; 2

and 3

(b) a tenant’s document is left on premises the 4

subject of the agreement. 5

(3) The lessor must take reasonable care of the tenant’s 6

document for a period of 60 days after the termination 7

of the agreement. 8


(4) The lessor must, during the period of 60 days after the 10

termination of the agreement, take reasonable steps to 11

notify the tenant — 12

(a) that the document was left at the premises; and 13

(b) as to when and from where the document may 14

be collected. 15


(5) A person who has a lawful right to the document may 17

reclaim it at any time before it is disposed of in 18

accordance with subsection (7) if the person pays the 19

lessor the reasonable costs, if any, incurred by the 20

lessor in discharging the duties imposed on the lessor 21

under this section in relation to that document. 22

(6) If a person who has a lawful right to a document 23

reclaims the document and pays an amount equal to the 24

reasonable costs incurred by the lessor in discharging 25

the duties imposed on the lessor under this section, the 26

lessor must give the document to that person. 27


(7) If the document has not been claimed under 29

subsection (5) within 60 days after the day on which 30

the agreement was terminated, the lessor may destroy 31

or otherwise dispose of the document. 32


page 66

(8) If a lessor destroys or otherwise disposes of a 1

document under subsection (7), a competent court may, 2

on an application by the lessor, make an order for the 3

payment to the lessor out of moneys standing to the 4

credit of the Rental Accommodation Account, in 5

accordance with Schedule 1 clause 3(3)(a), of an 6

amount equal to the reasonable costs incurred by the 7

lessor in discharging the duties imposed on the lessor 8

under this section. 9

(9) Nothing in this section affects the operation of any 10

other Act or law affecting the destruction or disposal of 11

a document. 12

13



16


18



21

81A. Mortgagee repossessions of rented properties 22


notice to vacate, in relation to residential premises, 24

means a written notice to vacate the premises; 25

specified date means a date, specified in a notice to 26

vacate, by which the tenant is to vacate the residential 27

premises. 28

(2) If a residential tenancy agreement is terminated under 29

section 60(e), the mortgagee is not to take possession 30

of the residential premises from a tenant who is holding 31


s. 79

page 67

over after termination of the agreement unless the 1

mortgagee, after becoming entitled to take possession, 2

gives the tenant a notice to vacate the premises. 3

(3) The notice to vacate must be in a form approved by the 4

Minister and must include a specified date that is not 5

less than 30 days after the date on which the notice is 6

given to the tenant. 7

(4) The tenant who is holding over after termination of the 8

residential tenancy agreement — 9

(a) is not, during the period of 30 days following 10

the date on which the tenant is given the notice 11

to vacate, required to pay any rent, fee or other 12

charge to occupy the residential premises; and 13

(b) is, if the tenant has paid any rent in advance for 14

any part of that period, entitled to be repaid the 15

amount of that rent. 16

(5) A competent court may, on application by the tenant, 17

order the repayment to the tenant of any such amount 18

referred to in subsection (4)(a) or (b). 19

(6) The mortgagee (or any person acting on behalf of the 20

mortgagee) is, during the period in which the tenant is 21

holding over after termination of the residential 22

tenancy agreement, entitled to enter the residential 23

premises to show the premises to prospective 24

purchasers on a reasonable number of occasions, but 25

only if the tenant — 26

(a) is given reasonable notice of each such 27

occasion; and 28

(b) agrees to the date and time of the inspection. 29

(7) This section does not prevent the mortgagee from — 30

(a) taking possession of the residential premises 31

before the specified date if the tenant 32


page 68

voluntarily vacates the premises before that 1

date; or 2

(b) changing the specified date to a later date by 3

further notice in writing given to the tenant; or 4

(c) entering into a new residential tenancy 5

agreement with the tenant in respect of the 6

residential premises. 7

(8) This section extends to a tenant who is, immediately 8

before the commencement of this section, holding over 9

after termination of the residential tenancy agreement. 10

(9) This section has effect despite the terms of any court 11

order made before the commencement of this section 12

or any contract or other agreement. 13

81B. Notice of proposed recovery of premises by person 14

with superior title 15

(1) This section applies where a person (the plaintiff) 16

brings proceedings in a competent court for the 17

recovery of possession of residential premises. 18

(2) The court must not make an order for possession unless 19

it is satisfied — 20

(a) that a person is not in possession of the 21

residential premises as — 22

(i) a tenant under a residential tenancy 23

agreement; or 24

(ii) a tenant holding over after termination 25

of a residential tenancy agreement; 26

or 27

(b) if there is such a person in possession of the 28

residential premises and the plaintiff is not the 29

lessor under the residential tenancy 30

agreement — that the person has been given 31

written notice, in a form approved by the 32


s. 79

page 69

Minister, of the proceedings not less than 1

30 days before the commencement of the 2

proceedings. 3

(3) Failure to comply with this section does not invalidate 4

or otherwise affect the judgment or order. 5

81. Order for tenancy against person with superior title 6

(1) This section applies to a person who is or was in 7

possession of residential premises as — 8

(a) a tenant under a residential tenancy agreement; 9

or 10

(b) a tenant holding over after termination of a 11

residential tenancy agreement, 12

at a time when proceedings for the recovery of 13

possession of the premises had been commenced 14

before a court by a person (the plaintiff) who is not the 15

lessor under the agreement. 16

(2) A person to whom this section applies may apply for 17

an order under this section and such an application may 18

be made to — 19

(a) the court before which the proceedings are 20

pending; or 21

(b) if the proceedings have been completed or 22

possession has been recovered — a competent 23

court, 24

within a reasonable time after the applicant was given 25

notice of the proceedings or, if no notice was given, 26

within a reasonable time after the recovery of 27

possession of the residential premises. 28

(3) The court may, on such an application, and if it thinks 29

it appropriate to do so in the special circumstances of 30

the case, make an order vesting a tenancy over the 31

residential premises in the applicant. 32


page 70

(4) The tenancy is to be held of the plaintiff, and on such 1

terms and conditions as the court thinks fit, having 2

regard to the circumstances of the case. 3

(5) Such an application or order may be made, even 4

though — 5

(a) notice was not given to the applicant of the 6

proceedings brought by the plaintiff; or 7

(b) the proceedings brought by the plaintiff have 8

been completed or possession of the residential 9

premises has been recovered by the plaintiff. 10

11


(1) In section 82(1) delete “in subsection (3) or by or under any 13

other provision of ” and insert: 14

15

under 16

17

(2) In section 82(2): 18

(a) delete “Except as permitted by subsection (3) or by or 19

under any other provision of this Act, no person shall” 20

and insert: 21

22

A person must not 23

24


26


28



s. 81

page 71


(1) In section 85(1)(b) delete “his” and insert: 2

3

any place specified by the person as a place 4

where the person’s mail may be directed or, if 5

the person has not so specified, at the person’s 6

7

(2) In section 85(3) delete “if a copy of it is published in a daily 8

newspaper circulating throughout the State.” and insert: 9

10

if — 11

(a) a copy of it is published in a daily newspaper 12

circulating throughout the State; or 13

(b) a court hearing proceedings under this Act 14

orders an alternative means of giving the notice 15

or document, and that means of giving the 16

notice or document is effected. 17

18

(3) In section 85(5): 19

(a) delete “to the owner” and insert: 20

21

to the lessor 22

23

(b) delete “agent of the owner,” and insert: 24

25

property manager of the residential premises, 26

27

(4) In section 85(6) delete “owners” (each occurrence) and insert: 28

29

lessors 30

31


page 72

82. Sections 86 and 87A inserted 1


3

86. Court may refer matter to Commissioner for 4

investigation 5

(1) If, while hearing proceedings under this Act, a court 6

forms a suspicion that a person has committed an 7

offence against this Act (other than an offence to which 8

the proceedings relate), the court may refer the matter 9

to the Commissioner for investigation. 10

(2) A court referring a matter to the Commissioner under 11

subsection (1) is to give to the Commissioner any 12

relevant documents or other records in the court’s 13

possession. 14

87A. Defence where lessor and property manager are 15

both charged with the same offence 16

If a lessor under a residential tenancy agreement and a 17

property manager of the residential premises under that 18

agreement are both charged with the same offence 19

under this Act, it is a defence to the charge for one of 20

them to prove that he or she — 21

(a) did not aid, abet, counsel or procure the act or 22

omission of the other giving rise to the offence; 23

and 24

(b) was not in any way, by act or omission, directly 25

or indirectly, knowingly concerned in, or party 26

to, the act or omission by the other. 27

28


s. 83

page 73



3

88A. Infringement notices 4

(1) In subsection (2), (3), (6) or (7) — 5

authorised person means a person appointed under 6

subsection (13) by the Commissioner to be an 7

authorised person for the purposes of the subsection in 8

which the term is used. 9

(2) An authorised person who has reason to believe that a 10

person has committed a prescribed offence under this 11

Act may give an infringement notice to the alleged 12

offender within — 13

(a) 21 days after forming the opinion that there is 14

sufficient evidence to support the allegation of 15

the offence; and 16

(b) 6 months after the alleged offence is believed to 17

have been committed. 18

(3) An infringement notice is to be in the prescribed form 19

and is to — 20

(a) contain a description of the alleged offence; and 21

(b) advise that if the alleged offender does not wish 22

to have a complaint of the alleged offence 23

heard and determined by a court, the amount of 24

money specified in the notice as being the 25

modified penalty for the offence may be paid to 26

an authorised person within a period of 28 days 27

after the giving of the notice; and 28

(c) inform the alleged offender as to who are 29

authorised persons for the purposes of receiving 30

payment of modified penalties. 31


page 74

(4) In an infringement notice the amount specified as being 1

the modified penalty for the offence referred to in the 2

notice is to be the amount that was the prescribed 3

modified penalty at the time the alleged offence is 4

believed to have been committed. 5

(5) The modified penalty that may be prescribed for an 6

offence is not to exceed 20% of the maximum penalty 7

that could be imposed for that offence by a court. 8

(6) An authorised person may, in a particular case, extend 9

the period of 28 days within which the modified 10

penalty may be paid and the extension may be allowed 11

whether or not the period of 28 days has elapsed. 12

(7) An authorised person may, within 60 days after an 13

infringement notice has been given and whether or not 14

the modified penalty has been paid, withdraw the 15

infringement notice by sending to the alleged offender 16

a notice in the prescribed form stating that the 17

infringement notice has been withdrawn. 18

(8) Where an infringement notice is withdrawn after the 19

modified penalty has been paid, the amount is to be 20

refunded. 21

(9) Subsection (10) applies if the modified penalty 22

specified in an infringement notice has been paid 23

within 28 days or such further time as is allowed and 24

the notice has not been withdrawn. 25

(10) If this subsection applies it prevents the bringing of 26

proceedings and the imposition of penalties to the same 27

extent that they would be prevented if the alleged 28

offender had been convicted by a court of, and 29

punished for, the alleged offence. 30

(11) Payment of a modified penalty is not to be regarded as 31

an admission for the purposes of any proceedings, 32

whether civil or criminal. 33


s. 84

page 75

(12) Unless subsection (8) requires it to be refunded, an 1

amount paid as a modified penalty is to be dealt with as 2

if it were a penalty imposed by a court as a penalty for 3

an offence. 4

(13) The Commissioner may, in writing, appoint persons or 5

classes of persons to be authorised persons for the 6

purposes of subsection (2), (3), (6) or (7) or for the 7

purposes of 2 or more of those subsections, but a 8

person who is authorised to give infringement notices 9

under subsection (2) is not eligible to be an authorised 10

person for the purposes of any of the other subsections. 11

(14) The Commissioner is to issue to each person who is 12

authorised to give infringement notices under this 13

section a certificate of that person’s authorisation, and 14

the authorised person is to produce the certificate 15

whenever required to do so by a person to whom an 16

infringement notice has been or is about to be given. 17

18


In section 88(2): 20

(a) delete paragraphs (b), (c) and (d); 21

(b) in paragraph (e) delete “$500,” and insert: 22

23

$5 000 24

25

(c) after paragraph (a) insert: 26

27

and 28

29


page 76


In section 90(2) delete “his” and insert: 2

3

the Minister’s 4

5

86. Part VII inserted 6


8

Part VII — Savings and transitional provisions 9

relating to the Residential Tenancies Amendment 10

Act 2011 11

Division 1 — Contracting out 12

91. Savings in relation to contracting out of standard 13

terms 14


commencement day means the day on which the 16

Residential Tenancies Amendment Act 2011 17

section 80(3) comes into operation. 18

(2) If a residential tenancy agreement subsisting 19

immediately before the commencement day contains a 20

provision referred to in section 82(3), as in force 21

immediately before that day, then that provision of the 22

agreement continues to have effect after the 23

commencement day despite the deletion of 24

section 82(3) by section 80(3) of the Residential 25

Tenancies Amendment Act 2011. 26


s. 86

page 77

Division 2 — Security bonds held in AFI 1

92. Terms used 2

In this Part — 3

authorised financial institution or AFI means — 4

(a) an ADI (authorised deposit taking institution) 5

as defined in the Banking Act 1959 6

(Commonwealth) section 5; or 7

(b) a bank constituted by a law of a State, a 8

Territory or the Commonwealth; or 9

(c) any other body, 10

that was prescribed, or that belongs to a class of bodies 11

that was prescribed, for the purposes of the definition 12

of that term under Schedule 1 clause 1 as in force 13

immediately before the commencement day; 14


Residential Tenancies Amendment Act 2011 section 87 16

comes into operation; 17

security bond held in an AFI means an amount of a 18

security bond held in an AFI and that was so held 19

immediately before the commencement day. 20

93. All security bonds to be transferred to the bond 21

administrator after renewal of agreement or within 22

18 months 23

(1) A lessor under a residential tenancy agreement must 24

take all reasonable steps to ensure that a security bond 25

held in an AFI that was paid in relation to the 26

agreement is paid from the account in accordance with 27

subsection (2) — 28

(a) if the agreement is renewed — as soon as 29

practicable after the renewal; or 30


page 78

(b) in any other case — not later than 18 months 1

after the commencement day. 2


(2) The security bond is to be paid either — 4

(a) to the tenant; or 5

(b) to the bond administrator, in which case 6

section 29(4)(b), (c) and (d) apply, with all 7

necessary changes, to the payment. 8

94. Requirements for AFI holding security bonds 9

(1) An AFI must ensure that the following records are 10

kept, in a form approved by the Minister, in relation to 11

each security bond held in the AFI — 12

(a) the name and number of the account in which 13

the security bond is held in the AFI; 14

(b) the amount of the security bond; 15

(c) the date the security bond was paid into the 16

account. 17

(2) The AFI must hold a security bond on the following 18

terms — 19

(a) interest at a rate not less than the prescribed rate 20

must accrue on the amount of the bond for the 21

period during which it is held by the AFI; 22

(b) the amount of interest accrued at the prescribed 23

rate must be paid, at such times as are 24

prescribed, to the Rental Accommodation 25

Account and if interest is paid at a rate 26

exceeding the prescribed rate, the amount of 27

interest accrued above the prescribed rate must 28

be paid, at such times as are prescribed, to the 29

person who paid the bond; 30

(c) the AFI may deduct from a payment to the 31

credit of the Rental Accommodation Account 32


s. 86

page 79

or from a payment to a tenant under 1

paragraph (b) an amount not exceeding the 2

amount of the fee as is prescribed in respect of 3

a payment of that kind; 4

(d) the amount of the security bond must be paid 5

out in accordance with section 96. 6

(3) In regulations made under section 88 the prescribed 7

rate referred to in subsection (2)(a) and (b) may be 8

prescribed by reference to a market rate indicator 9

specified in the regulations. 10

95. Power of Commissioner to obtain information 11

relating to AFI security bond accounts 12

(1) Where a security bond is held in an AFI, the 13

Commissioner may require the AFI to give to the 14

Commissioner such information as the Commissioner 15

requires in relation to an account in which the security 16

bond is held, including information as to the balances 17

of and amounts of interest paid on that account. 18

(2) A requirement under subsection (1) — 19

(a) must be given by notice in writing to the AFI; 20

and 21

(b) must specify the time at or within which the 22

information is to be given; and 23

(c) may, by its terms, require that the information 24

be — 25

(i) given in writing; and 26

(ii) certified as correct by a person who is 27

registered as an auditor, or taken to be 28

registered as an auditor, under the 29

Corporations Act 2001 30

(Commonwealth) Part 9.2 and is 31

specified in the requirement; and 32


page 80

(iii) given at or sent or delivered to any place 1

specified in the requirement; and 2

(iv) sent or delivered by any means specified 3

in the requirement; and 4

(v) given on oath or affirmation or by 5

statutory declaration; 6

and 7

(d) must state that the AFI is required under this 8

Act to give the information. 9

(3) A person must not, without reasonable excuse, refuse 10

or fail to comply with a requirement under 11

subsection (1). 12


(4) A person must not give information in response to a 14

requirement under subsection (1) that the person knows 15

is false or misleading in a material particular. 16


(5) It is a defence in proceedings for an offence against 18

subsection (3) for the person to show that — 19

(a) the notice under subsection (2)(a) did not state 20

that the person was required under this Act to 21

give the information; or 22

(b) the time specified in the requirement did not 23

give the person sufficient notice to enable 24

compliance with the requirement. 25

(6) Where a person is required to give information under 26

subsection (1), the person cannot refuse to comply with 27

that requirement on the ground that the information 28

may tend to incriminate the person or render the person 29

liable to any penalty. 30

(7) Despite subsection (6), information given under this 31

section is not admissible in evidence in any 32


s. 86

page 81

proceedings against the person other than proceedings 1

in respect of an offence against subsection (4). 2

96. Disposal of security bond held in AFIs 3

(1) Where a security bond is held in an AFI in the name of 4

a real estate agent under the Real Estate and Business 5

Agents Act 1978, the real estate agent must on receipt 6

of — 7

(a) an application in a form approved by the 8

Minister signed by all parties to the residential 9

tenancy agreement to which the bond relates; or 10

(b) a copy of an order under Schedule 1 clause 8, 11

pay from the account the amount of the bond, or where 12

subsection (4) applies part of that amount, in 13

accordance with the application or the order. 14

(2) A real estate agent must pay an amount under 15

subsection (1) — 16

(a) within the period, if any, specified in the 17

relevant application or order; or 18

(b) if no such period is specified, as soon as 19

practicable but, in any case, not later than 20

7 days after receipt of the application or copy of 21

the order. 22


(3) Where a security bond is held in an AFI in an account 24

in the names of the lessor and the tenant entitled 25

“tenancy bond account”, the AFI that holds the account 26

must on receipt of — 27

(a) an application in a form approved by the 28

Minister signed by all parties to the residential 29

tenancy agreement to which the bond relates; or 30


page 82

(b) a copy of an order under Schedule 1 clause 8, 1

pay the amount of the bond, or where subsection (4) 2

applies part of that amount, in accordance with the 3

application or the order. 4

(4) An application under subsection (1)(a) or (3)(a) may 5

relate to part of the amount of a security bond. 6

(5) Schedule 1 clause 5(3) applies in respect of an 7

application referred to in subsection (1) or (3) as if it 8

were an application referred to in clause 5(1) of that 9

Schedule. 10

(6) Schedule 1 clause 5(4) applies, with all necessary 11

changes, in respect of a security bond held in an AFI. 12

(7) Regulations made under section 88 may authorise the 13

payment of an unclaimed bond to the credit of the 14

Rental Accommodation Account. 15

Division 3 — Residential tenancy databases 16

97. Application of Part VIA to listings existing before 17

commencement 18



Residential Tenancies Amendment Act 2011 section 96 21

comes into operation. 22

(2) For the period of 3 months from the commencement 23

day, Part VIA applies only in respect of personal 24

information that is listed after that day. 25

(3) A term used in subsection (2) that is used in Part VIA 26

has the same meaning in that subsection as it has in that 27

Part. 28

29


s. 87

page 83

87. Schedule 1 amended 1

(1) Delete the heading to Schedule 1 and the reference after it and 2

insert: 3

4

Schedule 1 — Provisions relating to holding and 5

disposal of bonds and income from bonds 6

[s. 3, 7(3), 12, 29(4), (7), (8), 59D(6), 79(5), (6), (11) and 80A(8)] 7

8

(2) Delete the heading to Schedule 1 Part A and insert: 9

10


12

(3) In Schedule 1 clause 1 delete the definitions of: 13

authorised financial institution 14

bond administrator 15

(4) In Schedule 1 clause 1 in the definition of authorised agent: 16


18

the bond administrator’s 19

20

(b) delete “Gazette;” and insert: 21

22

Gazette. 23

24

(5) Delete Schedule 1 clause 2. 25


page 84

(6) In Schedule 1 clause 3(2): 1

(a) delete “Account —” and insert: 2

3

Account all of the following — 4

5

(b) delete paragraphs (a) and (aa) and insert: 6

7

(a) all moneys received under section 29(4)(b); 8

(ba) all moneys received pursuant to a court order under 9 section 59D(2); 10

(bb) interest payable to the fund under section 94(2)(b); 11

(bc) amounts payable to the fund under the Residential 12 Parks (Long-stay Tenants) Act 2006 sections 75(3) 13 and 92(b); 14

(bd) amounts payable to the fund under the Residential 15 Parks (Long-stay Tenants) Act 2006 section 94(a); 16

17

(c) in paragraph (b) delete “Treasurer; and” and insert: 18

19

Treasurer; 20

21


(a) after “The” insert: 23

24

interest referred to in subclause (2)(bb), the amounts 25 referred to subclause (2)(bc), the 26

27

(b) in paragraph (a) delete “section 79(5) or (6);” and insert: 28

29

section 79(5) or (6) or 80A(8); and 30

31


s. 87

page 85

(c) in paragraph (ab) delete “bond agents” and insert: 1

2

authorised agents 3

4

(d) in paragraph (b)(ii) delete “his” and insert: 5

6


8

(e) in paragraph (c) delete “subclause (5).” and insert: 9

10

subclause (5); and 11

12

(f) after paragraph (c) insert: 13

14

(d) in funding any not-for-profit body, one of the main 15 functions of which is the delivery of free or 16 substantially subsidised legal services to tenants and 17 that is approved by the Minister for the purposes of 18 this paragraph. 19

20

(g) after each of paragraphs (aa) and (ab) insert: 21

22

and 23

24


(a) in paragraph (a) delete “Department” and insert: 26

27

Magistrates Court (Civil Proceedings) Act 2004 28

29

(b) in paragraph (b) delete “the Consolidated Account.” and 30

insert: 31

32

an operating account of the Department and the 33 department principally assisting in the 34


page 86

administration of the Magistrates Court (Civil 1 Proceedings) Act 2004 respectively. 2

3


(a) delete “Account he may” and insert: 5

6

Account the Treasurer may, after consulting the Minister, 7

8

(b) delete “for the purpose of public housing in such manner as 9

he may specify.” and insert: 10

11

by the Housing Authority as defined in 12

section 71A for the purpose of social housing 13

premises in such manner as the Treasurer might 14

specify. 15

16

(10) In Schedule 1 clause 4: 17

(a) in paragraph (a) delete “Rental Accommodation Account 18

established under clause 3; and” and insert: 19

20

Rental Accommodation Account; and 21

22

(b) in paragraph (b) delete “him” and insert: 23

24

the bond administrator 25

26

(c) in paragraph (b) delete “clause 2(1)(a) —” and insert: 27

28

section 29(4)(b) — 29

30

(d) in paragraph (b)(ii) delete “clause 5.” and insert: 31

32

clause 5; 33

34


s. 87

page 87

(e) after paragraph (b) insert: 1

2

(c) in relation to the amount of a tenant compensation 3 bond paid to the bond administrator under 4 section 59D(2) — 5

(i) show in such records the name and address 6 of the lessor and the tenant in respect of 7 whom, and any residential premises in 8 respect of which, the bond was paid; and 9

(ii) pay out the amount of the bond in 10 accordance with Division 3. 11

12

(f) after paragraph (b) insert: 13

14

and 15

16

(11) Delete the heading to Schedule 1 Part B and insert: 17

18

Division 2 — Security bonds 19

20

(12) Before Schedule 1 clause 5 insert: 21

22

5A. Security bond moneys to be paid to bond administrator 23

(1) The payment of an amount under section 29(4)(b) must be 24 made as soon as practicable, and in any event within 25 14 days, after the person’s receipt of the bond. 26

(2) The payment may be made either directly, including by 27 electronic means, or by lodging the amount with an 28 authorised agent of the bond administrator. 29

30


page 88


(a) in paragraph (a)(i) before “bond relates” insert: 2

3

security 4

5

(b) in paragraph (a)(ii) delete “his” and insert: 6

7


9

(c) before “bond,” insert: 10

11

security 12

13


(a) delete “party” (each occurrence) and insert: 15

16

tenant 17

18


20

the tenant’s 21

22


(a) after “If ” insert: 24

25

the bond administrator is satisfied that 26

27

(b) before “bond has” insert: 28

29

security 30

31


s. 87

page 89

(c) delete “bond shall” and insert: 1

2

amount of the bond or any remaining portion of that amount 3 must 4

5

(16) Delete Schedule 1 Part C. 6

(17) Delete the heading to Schedule 1 Part D. 7


(a) delete “him” and insert: 9

10

the party 11

12


14

the party 15

16


(a) in paragraph (b) after “that notice,” insert: 18

19

or such longer period as the court hearing the 20 application thinks fit, 21

22

(b) in paragraph (b) delete “he” and insert: 23

24

the party 25

26

(c) delete “a competent court” and insert: 27

28

the court 29

30


page 90

(20) In Schedule 1 clause 8(5) delete “he” and insert: 1

2

the party 3

4

(21) In Schedule 1 clause 8(7)(b) delete “he” and insert: 5

6

the tenant 7

8

(22) In Schedule 1 clause 8(9) delete “or 7(4)”. 9

(23) At the end of Schedule 1 insert: 10

11

Division 3 — Tenant compensation bonds 12

9. Application of Division 13

This Division applies where the bond administrator has been 14 paid a tenant compensation bond in accordance with an 15 order under section 59D(2). 16

10. Disposal of tenant compensation bond to tenant by bond 17 administrator 18

(1) The bond administrator must on receipt of — 19

(a) an application in a form approved by the 20 Minister — 21

(i) signed by a tenant to a residential tenancy 22 agreement to which the tenant 23 compensation bond relates; and 24

(ii) lodged, including lodged by facsimile or 25 electronic means, with the bond 26 administrator or the bond administrator’s 27 authorised agent; 28

and 29


s. 87

page 91

(b) a copy of an order — 1

(i) made under section 15(2)(b) in relation to a 2 failure by a lessor to compensate a tenant 3 for reasonable expenses incurred by the 4 tenant in arranging for urgent repairs to be 5 carried out in accordance with section 43; 6 and 7

(ii) subsequent to the order under 8 section 59D(2), 9

pay the amount of the tenant compensation bond, or where 10 subclause (2) applies part of that amount, in accordance with 11 the application. 12

(2) An application under subclause (1)(a) may relate to part of 13 the amount of a tenant compensation bond. 14

(3) If a tenant is deceased, the signature of the tenant’s executor 15 or administrator to an application is sufficient for the 16 purposes of subclause (1)(a), and if a tenant is represented 17 by a manager or administrator under any written law, the 18 signature of the manager or administrator is sufficient for 19 such purposes. 20

(4) A payment under subclause (1) is to be taken to be a 21 payment by the lessor in satisfaction, or part satisfaction as 22 the case may be, of the order referred to in subclause (1)(b). 23

11. Disposal of tenant compensation bond to lessor by bond 24 administrator 25

The bond administrator must on receipt of — 26

(a) an application in a form approved by the 27 Minister — 28

(i) signed by the lessor to whom the tenant 29 compensation bond relates; and 30

(ii) lodged, including lodged by facsimile or 31 electronic means, with the bond 32 administrator or the bond administrator’s 33 authorised agent; 34

and 35


page 92

(b) a copy of an order made under section 59D(5), 1

pay the amount of the tenant compensation bond, or part of 2 that amount, ordered by the court in accordance with the 3 application. 4

5

Note: The heading to amended Schedule 1 clause 8 is to read: 6

Court may determine disposal of security bond 7

88. Various references to “agreement” amended 8

In the provisions listed in the Table delete “an agreement” and 9

insert: 10

11

a residential tenancy agreement 12

13

Table 14

s. 30(2)(a) s. 33(2)

s. 47(2) s. 49(2)

s. 49(3) s. 52

s. 57(1) s. 57(2)

s. 60(1) (first occurrence) s. 62(1)

s. 62(6) s. 62(7)

s. 67 s. 68(1)

s. 68(3) s. 69(1)

s. 69(4) s. 70

s. 71(1) s. 71(5)


s. 89

page 93

s. 72(4) s. 73(1)

s. 73(2) s. 74(1)

s. 74(2) s. 75(1)

s. 75(2) s. 78(1)

s. 79(1) s. 79(2)

s. 79(6) s. 80 (each occurrence)

89. Various references to “owner” amended 1

In the provisions listed in the Table: 2

(a) delete “An owner” (each occurrence) and insert: 3

4

A lessor 5

6

(b) delete “an owner” (each occurrence) and insert: 7

8

a lessor 9

10

(c) delete “new owner” (each occurrence) and insert: 11

12

new lessor 13

14

(d) delete “the owner” (each occurrence) and insert: 15

16

the lessor 17

18


page 94

(e) delete “owner’s” (each occurrence) and insert: 1

2

lessor’s 3

4

Table 5

s. 7(3)(b), (c) s. 15(1)

s. 27(2)(b) s. 30(1)

s. 30(2) s. 30(3)

s. 31(1) s. 31(3)

s. 32(3)(c), (d) s. 32(6)

s. 33(2) s. 34(1)

s. 38(1)(b) s. 41

s. 47(1)(b) s. 47(2)(a), (b), (c)

s. 48 s. 49(1)(c)

s. 49(2)(a), (b) s. 52

s. 60(1)(a), (d), (g) s. 62(1)

s. 62(2) s. 62(4)(b)

s. 62(5)(a), (b) s. 65(1)(a), (b)

s. 65(2) s. 66

s. 68(1) s. 69(1)(b)

s. 69(2) s. 71(1)


s. 89

page 95

s. 71(2)(a), (b) s. 71(3)(a), (b)(i), (ii), (iii)

s. 71(4) s. 72(3)(a)(i), (b)(i)

s. 73(1) s. 75(1)

s. 76(1) s. 76(2)

s. 78(1) s. 78(2)

s. 79(1) s. 79(2)

s. 79(3) s. 79(4)

s. 79(6) s. 79(7)

s. 79(8) s. 79(9)

s. 79(10) s. 79(14)

s. 79(15) s. 85(5)

s. 85(6) Sch. 1 cl. 4(b)(i)

Sch. 1 cl. 8(1)

Note: The headings to the amended sections listed in the Table are to read 1 as set out in the Table. 2

Table 3

Amended section Section heading

s. 42 Lessor’s responsibility for cleanliness and repairs

s. 46 Lessor’s right of entry

s. 48 Lessor to bear outgoings in respect of premises

s. 62 Notice of termination by lessor upon ground of breach of term of agreement


page 96

Amended section Section heading

s. 65 Termination by lessor where section 32 invoked

s. 66 Notice by lessor not waived by acceptance of rent

s. 69 Notice of termination by lessor or tenant where agreement frustrated

s. 71 Application by lessor for termination and order for possession

s. 75 Termination of agreement for breach by lessor

s. 76 Compensation to lessor for holding over

s. 78 Right of lessor to compensation where tenant abandons premises

Residential Tenancies Amendment Bill 2011 Amendments relating to terminating social housing tenancy

agreements Part 3

s. 90

page 97

Part 3 — Amendments relating to terminating social 1

housing tenancy agreements 2


In section 3 insert in alphabetical order: 4

5

social housing premises has the meaning given in 6

section 71A; 7

social housing provider has the meaning given in 8

section 71A; 9

social housing tenancy agreement has the meaning 10

given in section 71A; 11

12


In section 60(1)(c) delete “74” and insert: 14

15

74, 75A 16

17

92. Part V Division 3 inserted 18


20

Division 3 — Special provisions about terminating 21

social housing tenancy agreements 22

Subdivision 1 — Preliminary 23

71A. Terms used 24

In this Division — 25

criteria means the criteria approved under section 71E; 26

Residential Tenancies Amendment Bill 2011 Part 3 Amendments relating to terminating social housing tenancy

agreements s. 92

page 98

Housing Authority means the Housing Authority 1

referred to in the Housing Act 1980 section 6(4); 2

Minister for Housing means the Minister to whom the 3

administration of the Housing Act 1980 is committed; 4

social housing premises means residential premises let 5

by a social housing provider under a social housing 6

tenancy agreement, but does not include any premises 7

that are excluded by regulation from the ambit of this 8

definition; 9

social housing provider means any of the following — 10

(a) the Housing Authority; 11

(b) a body or person prescribed, or of a class 12

prescribed, for the purposes of this definition; 13

social housing tenancy agreement means a residential 14

tenancy agreement in respect of social housing 15

premises, but does not include any agreement that is 16

excluded by regulation from the ambit of this 17

definition. 18

71B. Application of Division 19

This Division does not limit the operation of the other 20

provisions of this Part in relation to residential tenancy 21

agreements that are social housing tenancy agreements. 22

Subdivision 2 — Notice of termination where tenant not 23

eligible for social housing premises 24

71C. Notice of termination by lessor on ground that 25

tenant not eligible for social housing premises 26

A lessor under a social housing tenancy agreement may 27

give notice of termination of the agreement to the 28

tenant on the ground that the lessor has determined, as 29

the result of an assessment carried out under 30

section 71D, that the tenant is not eligible to reside in 31


agreements Part 3

s. 92

page 99

social housing premises, or to reside in the class of 1

social housing premises to which the agreement relates. 2

71D. Assessment of tenants eligibility for social housing 3

premises 4

(1) In carrying out an assessment of the eligibility of a 5

tenant under a social housing tenancy agreement (the 6

agreement) to reside in social housing premises, or to 7

reside in the class of social housing premises to which 8

the agreement relates, the lessor is to apply the criteria 9

approved under section 71E for the purposes of this 10

Subdivision. 11

(2) The lessor may request the tenant to provide any 12

information that is reasonably required to enable the 13

lessor to determine whether the tenant meets the 14

criteria for the purposes of an assessment under this 15

section. 16

(3) If the tenant refuses to provide any such information to 17

the lessor, the lessor may determine, without further 18

inquiry, that the tenant is not eligible to reside in social 19

housing premises, or to reside in the class of social 20

housing premises to which the agreement relates. 21

(4) In the case of a social housing tenancy agreement that 22

creates a tenancy for a fixed term, an assessment under 23

this section may not be carried out prior to 6 months 24

before the end of the term. 25

71E. Criteria for assessing eligibility of tenants for social 26

housing premises under section 71D 27

(1) The Minister for Housing is to approve criteria for the 28

purposes of this Subdivision. 29

(2) The criteria may differ from the criteria used to assess 30

a person’s eligibility to commence residing in social 31


agreements s. 92

page 100

housing premises, or in a particular class of social 1

housing premises. 2

(3) The criteria must not relate to whether or not a tenant 3

has complied with any term of a residential tenancy 4

agreement. 5

(4) The criteria must be made publicly available. 6

(5) A copy of the criteria must be provided, on request, to 7

any tenant under a social housing tenancy agreement 8

free of charge and to other persons either free of charge 9

or on payment of the reasonable cost incurred in 10

copying the criteria. 11

71F. Review of decision to give notice on ground that 12

tenant not eligible for social housing premises 13

(1) Before giving notice of termination of a social housing 14

tenancy agreement to a tenant on the ground referred to 15

in section 71C, the lessor must advise the tenant of the 16

decision to do so by notice in writing. 17

(2) A notice given under this section must — 18

(a) contain particulars of the reasons why the 19

tenant is no longer considered eligible to reside 20

in the premises; and 21

(b) state that the tenant may apply to the lessor for 22

a review of the decision within 30 days after the 23

notice is given and give particulars of how such 24

an application may be made; and 25

(c) state that the tenant is entitled to make 26

representations to the lessor in writing, or (if 27

the tenant wishes) orally, as to why the 28

agreement should not be terminated. 29

(3) The tenant may, in accordance with the notice — 30

(a) apply to the lessor for a review of the decision; 31

and 32


agreements Part 3

s. 92

page 101

(b) make representations in writing, or (if the 1

tenant wishes) orally, to the lessor as to why the 2


(4) If the tenant applies to the lessor for a review under this 4

section, the lessor must review the decision, in 5

accordance with any procedures approved by the 6

Minister for Housing for the purposes of this section, 7

and consider any representations made by the tenant. 8

(5) After the review is carried out, the lessor may — 9

(a) give notice of termination of the agreement on 10

the ground referred to in section 71C; or 11

(b) advise the tenant, by notice in writing, that the 12

lessor has decided not to give notice of 13

termination of the agreement. 14

71G. Time periods to be observed where notice of 15

termination given under this Subdivision 16

(1) A notice of termination of a social housing tenancy 17

agreement cannot be given to a tenant on the ground 18

referred to in section 71C before the later of the 19

following — 20

(a) the end of the 30 day period within which the 21

tenant may apply for a review under 22

section 71F of the decision to give notice of 23

termination; 24

(b) the end of any such review carried out in 25

respect of that decision. 26

(2) The notice of termination cannot specify as the day on 27

which vacant possession of the premises is to be 28

delivered up to the lessor a day that is earlier than — 29

(a) in the case of a social housing tenancy 30

agreement that creates a tenancy for a fixed 31

term, 60 days after the day on which the notice 32


agreements s. 92

page 102

is given or the day the term of the agreement 1

ends, whichever is the later; or 2

(b) in any other case, 60 days after the day on 3

which the notice of termination is given. 4

Subdivision 3 — Notice of termination where tenant offered 5

alternative social housing premises 6

71H. Notice of termination by lessor where tenant offered 7

alternative social housing premises 8

A lessor under a social housing tenancy agreement may 9

give notice of termination of the agreement (the 10

existing agreement) to the tenant on the ground that 11

the lessor has offered to enter into a new social housing 12

tenancy agreement with the tenant in respect of 13

alternative premises to the premises the subject of the 14

existing agreement. 15

71I. Review of decision to give notice on ground that 16

tenant offered alternative social housing premises 17

(1) Before giving notice of termination of a social housing 18

tenancy agreement to a tenant on the ground referred to 19

in section 71H, the lessor must advise the tenant of the 20

decision to do so by notice in writing. 21

(2) The lessor may make the offer to enter into a new 22

social housing tenancy agreement and give notice of 23

the decision at the same time. 24

(3) A notice given under this section must — 25

(a) contain particulars of the reasons why the lessor 26

wishes the tenant to move to alternative 27

premises; and 28

(b) state that the tenant may apply to the lessor for 29

a review of the decision within 30 days after the 30


agreements Part 3

s. 92

page 103

notice is given and give particulars of how such 1

an application may be made; and 2

(c) state that the tenant is entitled to make 3

representations to the lessor in writing, or (if 4

the tenant wishes) orally, as to why the existing 5


(4) The tenant may, in accordance with the notice — 7

(a) apply to the lessor for a review of the decision; 8

and 9

(b) make representations in writing, or (if the 10

tenant wishes) orally, to the lessor as to why the 11

existing agreement should not be terminated. 12

(5) If the tenant applies to the lessor for a review under this 13

section, the lessor must review the decision, in 14

accordance with any procedures approved by the 15

Minister for Housing for the purposes of this section, 16

and consider any representations made by the tenant. 17

(6) After the review is carried out, the lessor may — 18

(a) give notice of termination of the existing 19

agreement on the ground referred to in 20

section 71H; or 21

(b) advise the tenant, by notice in writing, that the 22

lessor has decided not to give notice of 23

termination of the existing agreement; or 24

(c) make a new offer to the tenant to enter into a 25

new social housing tenancy agreement in 26

respect of alternative premises that differ from 27

those the subject of the offer in respect of 28

which the review was carried out. 29

(7) If a new offer is made under subsection (6)(c), 30

subsections (1) to (6) apply in relation to giving notice 31

of termination in connection with the new offer. 32


agreements s. 92

page 104

(8) If the situation referred to in subsection (7) applies, the 1

lessor is required to give a second notice, and the 2

tenant is entitled to a second review, under this section, 3

however, the lessor is not required to give any further 4

notice, and the tenant is not entitled to any further 5

review, under this section in relation to giving notice of 6

termination following a second review. 7

71J. Time periods to be observed where notice of 8

termination given under this Subdivision 9

(1) A notice of termination of a social housing tenancy 10

agreement cannot be given to a tenant on the ground 11

referred to in section 71H before the later of the 12

following — 13

(a) the end of the 30 day period within which the 14

tenant may apply for any review under 15

section 71I of the decision to give the notice of 16

termination; 17

(b) the end of any such review carried out in 18

respect of that decision. 19

(2) Despite subsection (1), if the lessor and tenant enter 20

into a new social housing tenancy agreement before the 21

end of that 30 day period or any such review, the notice 22

of termination may be given on or after the day on 23

which they enter into the new agreement. 24

(3) The notice of termination cannot specify a day earlier 25

than 60 days after the day on which the notice is given 26

as the day on which vacant possession of the premises 27

the subject of the existing agreement is to be delivered 28

up to the lessor, unless it specifies an earlier day to 29

which the tenant has consented. 30

(4) The notice of termination is ineffective unless the 31

alternative premises in connection with which the 32

notice of termination is given are available for 33


agreements Part 3

s. 93

page 105

occupation no later than 7 days before the date 1

specified in the notice as the day on which vacant 2

possession is to be delivered up to the lessor. 3

(5) In the case of a social housing tenancy agreement that 4

creates a tenancy for a fixed term, the notice of 5

termination is not ineffective merely because a day 6

earlier than the day on which the term ends is specified 7

as the day on which vacant possession is to be 8

delivered up to the lessor. 9

10


(1) In section 71(2): 12

(a) in paragraph (b) after “Act,” insert: 13

14

other than a notice given by a lessor on a 15

ground referred to in section 71C or 71H, 16

17

(b) in paragraph (b) delete “agreement.” and insert: 18

19

agreement; and 20

21

(c) after paragraph (b) insert: 22

23

(c) where the notice was given by a lessor upon a 24

ground referred to in section 71C or 71H, in 25

respect of the relevant matters referred to in 26

subsection (3A). 27

28


agreements s. 93

page 106


2

(3A) The matters in respect of which the court is to be 3

satisfied for the purposes of subsection (2)(c) in respect 4

of a social housing tenancy agreement are — 5

(a) where the notice was given by the lessor upon a 6

ground referred to in section 71C, that the 7

tenant is not eligible to reside in social housing 8

premises, or to reside in the class of social 9

housing premises to which the agreement 10

relates under the criteria approved under 11

section 71E for the purposes of Division 3 12

Subdivision 2; or 13

(b) where the notice was given by the lessor upon a 14

ground referred to in section 71H, that the 15

lessor has offered to enter into a new social 16

housing tenancy agreement with the tenant in 17

respect of alternative premises to the premises 18

the subject of the existing agreement and those 19

alternative premises (which might or might not 20

be the same as the premises in connection 21

which the notice was given) are available for 22

occupation by the tenant. 23

(3B) The court is not to make an order terminating a social 24

housing tenancy agreement on a ground referred to in 25

section 71C or 71H unless it is satisfied that — 26

(a) any notice required to be given under 27

section 71F or 71I before giving notice of 28

termination was given and that it was given in 29

accordance with that section; and 30

(b) any review required to be carried out under 31

section 71F or 71I was carried out and that it 32

was carried out in accordance with that section. 33


agreements Part 3

s. 94

page 107

(3C) Without limiting the obligations of the court under 1

subsection (2), in considering the circumstances of a 2

case concerning social housing premises under that 3

provision, the court, in addition to having regard to the 4

circumstances of the tenant and other circumstances of 5

the case, is to have regard to such of the following 6

matters as may be relevant — 7

(a) any serious adverse effects the tenancy has had 8

on neighbouring residents or other persons; 9

(b) whether any breach of the residential tenancy 10

agreement was a serious one, and whether, 11

given the behaviour or likely behaviour of the 12

tenant, a failure to terminate the agreement 13

would subject, or continue to subject, 14

neighbouring residents or any persons or 15

property to unreasonable risk; 16

(c) the lessor’s responsibility to its other tenants; 17

(d) whether the tenant, wilfully or otherwise, is or 18

has been in breach of an order of the court; 19

(e) the history of the tenancy concerned, including, 20

if the tenant is a tenant under a social housing 21

tenancy agreement, any prior tenancy of the 22

tenant arising under any such agreement. 23

24



27

73A. Notice of termination not required in certain cases 28

An application under section 73, 74, 75A or 75 may be 29

made whether or not notice of termination has been 30

given. 31

32


agreements s. 95

page 108



3

75A. Termination of social housing tenancy agreement 4

due to objectionable behaviour 5

(1) A competent court may, upon application by the lessor 6

under a social housing tenancy agreement, terminate 7

the agreement if it is satisfied that the tenant has — 8

(a) used the social housing premises, or caused or 9

permitted the social housing premises to be 10

used, for an illegal purpose; or 11

(b) caused or permitted a nuisance by the use of the 12

social housing premises; or 13

(c) interfered, or caused or permitted any 14

interference, with the reasonable peace, comfort 15

or privacy of any person who resides in the 16

immediate vicinity of the premises, 17

and that the behaviour justifies terminating the 18

agreement. 19

(2) The court may, on an application made under this 20

section, make such other orders or give such other 21

directions as the court in the circumstances of the case 22

thinks fit, including, if there has been a breach of the 23

agreement, making any order that the court may make 24

under section 15. 25

(3) In deciding if the behaviour justifies terminating the 26

agreement, or making any order or giving any direction 27

referred to in subsection (2), the court may have regard 28

to whether the behaviour was recurrent and, if it was 29

recurrent, the frequency of the recurrences. 30

(4) Subsection (3) does not limit the issues to which the 31

court may have regard. 32


agreements Part 3

s. 95

page 109

(5) Where a court terminates a social housing tenancy 1

agreement under this section, it must also make an 2

order for possession of the social housing premises and 3

must specify a day as from which the orders are to 4

operate that it considers, in the circumstances of the 5

case, appropriate. 6

(6) For the purposes of section 16(1), an order made by the 7

court under subsection (2) is to be taken to have been 8

made under section 15(2). 9

10

Residential Tenancies Amendment Bill 2011 Part 4 Amendments relating to residential tenancy databases s. 96

page 110

Part 4 — Amendments relating to residential 1

tenancy databases 2

96. Part VIA inserted 3


5

Part VIA — Residential tenancy databases 6

Division 1 — Preliminary 7

82A. Terms used 8

In this Part — 9

agent, of a lessor, means a person employed, or 10

otherwise authorised, by the lessor to act as the lessor’s 11

agent; 12

database means a system, device or other thing used 13

for storing information, whether electronically or in 14

some other form; 15

database operator means an entity that operates a 16

residential tenancy database; 17

inaccurate, in relation to personal information in a 18

residential tenancy database, includes information that 19

is inaccurate because — 20

(a) the information indicates that the person owes a 21

lessor an amount that is more than the security 22

bond for a residential tenancy agreement; and 23

(b) the amount owed was paid to the lessor more 24

than 3 months after the amount became due; 25

list, personal information about a person in a residential 26

tenancy database — 27

(a) means — 28

(i) to enter the personal information into 29

the database; or 30

Residential Tenancies Amendment Bill 2011 Amendments relating to residential tenancy databases Part 4

s. 96

page 111

(ii) to give the personal information to a 1

database operator or someone else for 2

entry into the database; 3

and 4

(b) includes to amend personal information about a 5

person in the database to include additional 6

personal information about the person; 7

out-of-date, in relation to personal information in a 8

residential tenancy database, means the information is 9

no longer accurate because — 10

(a) for a listing made on the basis the person owes 11

a lessor an amount that is more than the 12

security bond for a residential tenancy 13

agreement — the amount owed was paid to the 14

lessor within 3 months after the amount became 15

due; or 16

(b) for a listing made on the basis a court has made 17

an order terminating the residential tenancy 18

agreement — the order has been set aside on 19

appeal; 20

personal information means information (including an 21

individual’s name) or an opinion, whether true or not, 22

about an individual whose identity is apparent, or can 23

reasonably be ascertained, from the information or 24

opinion; 25

residential premises includes a long-stay site in a 26

residential park as those terms are defined in the 27

Residential Parks (Long-stay Tenants) Act 2006; 28

residential tenancy agreement includes a long-stay 29

agreement as defined in the Residential Parks 30

(Long-stay Tenants) Act 2006; 31


page 112

residential tenancy database means a database — 1

(a) containing personal information — 2

(i) relating to, or arising from, the 3

occupation of residential premises under 4

a residential tenancy agreement; or 5

(ii) entered into the database for reasons 6

relating to, or arising from, the 7

occupation of residential premises under 8

a residential tenancy agreement; 9

and 10

(b) the purpose of which is for use by lessors or 11

agents of lessors for checking a person’s 12

tenancy history to decide whether a residential 13

tenancy agreement should be entered into with 14

the person; 15

tenant includes a long-stay tenant as defined in the 16

Residential Parks (Long-stay Tenants) Act 2006. 17

82B. Application of Part 18

This Part does not apply to a residential tenancy 19

database kept by an entity (including a government 20

department of this State, another State or a Territory) 21

for use only by that entity or its officers, employees or 22

agents. 23

Division 2 — Tenancy database information 24

82C. Notice of usual use of database 25


(a) a person (the applicant) applies to a lessor, 27

whether or not through the lessor’s agent, to 28

enter into a residential tenancy agreement; and 29

(b) the lessor or, if the application is made through 30

the lessor’s agent, the lessor or agent usually 31


s. 96

page 113

uses one or more residential tenancy databases 1

for deciding whether a residential tenancy 2

agreement should be entered into with a person. 3

(2) The lessor or agent must, when the application is made, 4

give the applicant written notice stating the 5

following — 6

(a) the name of each residential tenancy database 7

the lessor or agent usually uses, or may use, for 8

deciding whether a residential tenancy 9

agreement should be entered into with a person; 10

(b) that the reason the lessor or agent uses a 11

residential tenancy database mentioned in 12

paragraph (a) is for checking an applicant’s 13

tenancy history; 14

(c) for each residential tenancy database mentioned 15

in paragraph (a), how persons may contact the 16

database operator who operates the database 17

and obtain information from the operator. 18


(3) Subsection (2) applies in relation to a residential 20

tenancy database whether or not the lessor or agent 21

intends to use the database for deciding whether a 22

residential tenancy agreement should be entered into 23

with the applicant. 24

(4) However, the lessor or agent is not required to give the 25

written notice mentioned in subsection (2) if a written 26

notice stating the matters mentioned in the subsection 27

was given to the applicant not more than 7 days before 28

the application was made. 29


page 114

82D. Notice of listing if database used 1


(a) a person (the applicant) applies to a lessor, 3

whether or not through the lessor’s agent, to 4

enter into a residential tenancy agreement; and 5

(b) the lessor or, if the application is made through 6

the lessor’s agent, the lessor or agent uses a 7

residential tenancy database for checking 8

whether personal information about the 9

applicant is in the database; and 10

(c) personal information about the applicant is in 11

the database. 12

(2) The lessor or agent must, as soon as possible but within 13

7 days after using the database, give the applicant a 14

written notice stating — 15

(a) the name of the database; and 16

(b) that personal information about the applicant is 17

in the database; and 18

(c) the name of each person who listed the personal 19

information in the database; and 20

(d) how and in what circumstances the applicant 21

can have the personal information removed or 22

amended under this Part. 23


(3) However, subsection (2)(c) requires the written notice 25

to state the name of a person only if the person is 26

identified in the residential tenancy database as the 27

person who listed the personal information in the 28

database. 29


s. 96

page 115

82E. Listing can be made only for particular breaches by 1

particular persons 2

(1) A lessor, lessor’s agent or database operator must not 3

list personal information about a person in a residential 4

tenancy database unless — 5

(a) the person was named as a tenant in a 6

residential tenancy agreement that has ended; 7

and 8

(b) the person has breached the agreement; and 9

(c) because of the breach, either — 10

(i) the person owes the lessor an amount 11

that is more than the security bond for 12

the agreement; or 13

(ii) a court has made an order terminating 14

the residential tenancy agreement; 15

and 16

(d) the personal information — 17

(i) relates only to the breach; and 18

(ii) is accurate, complete and unambiguous. 19


(2) Without limiting subsection (1)(d)(ii), the personal 21

information must indicate the nature of the breach. 22

82F. Further restriction on listing 23

(1) A lessor, lessor’s agent or database operator must not 24

list personal information about a person in a residential 25

tenancy database unless the lessor, agent or operator — 26

(a) has, without charging a fee — 27

(i) given the person a copy of the personal 28

information; or 29

(ii) taken other reasonable steps to disclose 30

the personal information to the person; 31

and 32


page 116

(b) has given the person at least 14 days to review 1

the personal information and make 2

submissions — 3

(i) objecting to its entry into the database; 4

or 5

(ii) about its accuracy, completeness and 6

clarity; 7

and 8

(c) has considered any submissions made. 9


(2) Subsection (1) does not apply if the lessor, lessor’s 11

agent or database operator cannot locate the person 12

after making reasonable enquiries. 13

(3) Subsection (1)(b) and (c) do not apply — 14

(a) to information that, at the time of the listing, is 15

contained in publicly available court or tribunal 16

records; or 17

(b) to a listing involving only an amendment of 18

personal information about a person under 19

section 82G. 20

82G. Ensuring quality of listing — lessor’s or agent’s 21

obligation 22

(1) This section applies if a lessor or lessor’s agent who 23

lists personal information in a residential tenancy 24

database becomes aware that the information is 25

inaccurate, incomplete, ambiguous or out-of-date. 26


s. 96

page 117

(2) The lessor or agent must, within 7 days, give written 1

notice of the following to the database operator who 2

operates the database — 3

(a) if the information is inaccurate, incomplete or 4

ambiguous — 5

(i) that the information is inaccurate, 6

incomplete or ambiguous; and 7

(ii) how the information must be amended 8

so that it is no longer inaccurate, 9

incomplete or ambiguous; 10

(b) if the information is out-of-date — that the 11

information is out-of-date and must be 12

removed. 13


(3) The lessor or agent must keep a copy of the written 15

notice for one year after it was given under 16

subsection (2). 17


82H. Ensuring quality of listing — database operator’s 19

obligation 20

(1) This section applies if a lessor or agent of a lessor who 21

has listed personal information about a person in a 22

residential tenancy database gives the database 23

operator that operates the database written notice that 24

the personal information must be — 25

(a) amended in a stated way to make it accurate, 26

complete and unambiguous; or 27

(b) removed. 28

(2) The database operator must amend the personal 29

information in the stated way, or remove the personal 30

information, within 14 days of the notice being given. 31



page 118

82I. Providing copy of personal information listed 1

(1) A lessor or lessor’s agent who lists personal 2

information about a person in a residential tenancy 3

database must, if asked in writing by the person, give 4

the person a copy of the information within 14 days 5

after the request is made. 6


(2) A database operator must, if asked in writing by a 8

person whose personal information is in the residential 9

tenancy database kept by the operator, give the person 10

a copy of the information within 14 days after the 11

request is made. 12


(3) If a lessor or lessor’s agent charges a fee for giving 14

personal information under subsection (1), or a 15

database operator charges a fee for giving personal 16

information under subsection (2), the subsection 17

applies only if the fee has been paid. 18

(4) A fee charged by a lessor or lessor’s agent for giving 19

personal information under subsection (1) or by a 20

database operator for giving personal information 21

under subsection (2) — 22

(a) must not be excessive; and 23

(b) must not apply to lodging a request for the 24

information. 25

82J. Disputes about listings 26

(1) A person may apply to a competent court for an order 27

under this section if personal information about the 28

person has been listed in a residential tenancy database. 29


s. 96

page 119

(2) The court may make an order under this section if it is 1

satisfied that — 2

(a) the residential tenancy database includes 3

personal information about the applicant that is 4

inaccurate, incomplete, ambiguous or 5

out-of-date; or 6

(b) the inclusion of the applicant’s name or other 7

personal information about the applicant is 8

unjust in the circumstances, having regard to all 9

of the following — 10

(i) the reason for the listing; 11

(ii) the tenant’s involvement in any acts or 12

omissions giving rise to the listing; 13

(iii) any adverse consequences suffered, or 14

likely to be suffered, by the tenant 15

because of the listing; 16

(iv) any other relevant matter. 17

(2) The court may order personal information about a 18

person in a residential tenancy database to be wholly or 19

partly removed, amended in a stated way or not listed 20

in a residential tenancy database. 21

(3) The court must give a copy of the order to the lessor, 22

tenant and database operator. 23

(4) If the court makes an order directing a person other 24

than a lessor or agent to remove, amend or not list 25

information in a residential tenancy database, the court 26

must give a copy of the order to the person. 27

82K. Keeping personal information listed 28


national privacy principles means the principles stated 30

in the Privacy Act 1988 (Commonwealth). 31


page 120

(2) A database operator must not keep personal 1

information about a particular person in the operator’s 2

residential tenancy database for longer than — 3

(a) 3 years; or 4

(b) if, under the national privacy principles, the 5

operator of the database is required to remove 6

the personal information before the end of the 7

3 year period mentioned in paragraph (a) — the 8

period ending when the information must be 9

removed under the national privacy principles; 10

or 11

(c) if the person — 12

(i) was a minor as defined in section 13

59A(1) when the information was listed 14

in the database; and 15

(ii) reaches 18 years of age before the end 16

of the 3 year period mentioned in 17

paragraph (a), 18

the period ending when the person reaches 18 19

years of age. 20


(3) However, a database operator may keep the person’s 22

name in the operator’s residential tenancy database for 23

longer than the period stated in subsection (2)(a) or (b) 24

if — 25

(a) other personal information about the person in 26

the database is attached to the name; and 27

(b) the other personal information is not required to 28

be removed under subsection (2) or another 29

law. 30


s. 96

page 121

(4) This section does not limit the operation of another 1

provision of this Part or of another law that requires the 2

removal of the personal information. 3

4

Residential Tenancies Amendment Bill 2011 Part 5 Amendments to other Acts Division 1 Disposal of Uncollected Goods Act 1970 amended s. 97

page 122

Part 5 — Amendments to other Acts 1

Division 1 — Disposal of Uncollected Goods Act 1970 amended 2

97. Act amended 3

This Division amends the Disposal of Uncollected Goods 4

Act 1970. 5

98. Schedule amended 6

In the Schedule delete “Section 79 of the Residential Tenancies 7

Act 1987.” and insert 8

9

Residential Tenancies Act 1987 sections 79 and 80A. 10

11

Division 2 — Housing Act 1980 amended 12

99. Act amended 13

This Division amends the Housing Act 1980. 14

100. Section 62G amended 15

(1) In section 62G(1)(b) delete “owner,” and insert 16

17

lessor, 18

19

(2) In section 62G(2) delete “owner” and insert 20

21

lessor 22

23

Residential Tenancies Amendment Bill 2011 Amendments to other Acts Part 5

Magistrates Court (Civil Proceedings) Act 2004 amended Division 3 s. 101

page 123

Division 3 — Magistrates Court (Civil Proceedings) 1

Act 2004 amended 2

101. Act amended 3

This Division amends the Magistrates Court (Civil 4

Proceedings) Act 2004. 5


In section 7(1) in the definition of trader delete “an owner” and 7

insert 8

9

a lessor 10

11

Division 4 — Rates and Charges (Rebates and Deferments) 12

Act 1992 amended 13

103. Act amended 14

This Division amends the Rates and Charges (Rebates and 15

Deferments) Act 1992. 16

104. Section 29B amended 17

(1) In section 29B(1) delete the definition of owner. 18

(2) In section 29B(1) insert in alphabetical order: 19

20

lessor, in relation to land, has the meaning given in the 21

Residential Tenancies Act 1987 section 3; 22

23

(3) In section 29B(3) delete “the owner” and insert: 24

25

the lessor 26

27

Residential Tenancies Amendment Bill 2011 Part 5 Amendments to other Acts Division 5 Residential Parks (Long-stay Tenants) Act 2006 amended s. 105

page 124

Division 5 — Residential Parks (Long-stay Tenants) 1

Act 2006 amended 2

105. Act amended 3

This Division amends the Residential Parks (Long-stay 4

Tenants) Act 2006. 5


(1) In section 22(1)(a) delete “a bond agent; or” and insert: 7

8

an authorised agent as defined in the 9

Residential Tenancies Act 1987 Schedule 1 10

clause 1; or 11

12

(2) Delete section 22(2)(a) and insert: 13

14

(a) an account in the name of the agent entitled 15

“tenancy bond trust account”, used for the 16

purpose of holding a security bond under this 17

subsection or the Residential Tenancies 18

Act 1987 and for no other purpose; or 19

20

107. Glossary amended 21

(1) In the Glossary delete the definitions of: 22

authorised financial institution 23

bond administrator 24

bond agent 25

Rental Accommodation Fund 26

(2) In the Glossary insert in alphabetical order: 27

28

authorised financial institution has the meaning given in 29 the Residential Tenancies Act 1987 section 92; 30

Residential Tenancies Amendment Bill 2011 Amendments to other Acts Part 5

Residential Parks (Long-stay Tenants) Act 2006 amended Division 5 s. 108

page 125

bond administrator means the Commissioner as defined in 1 the Fair Trading Act 2010 section 6; 2

Rental Accommodation Account means the Rental 3 Accommodation Account established under the Residential 4 Tenancies Act 1987 Schedule 1 clause 3; 5

6

108. Various references to “Fund” changed to “Account” 7

In the provisions listed in the Table delete “Fund” and insert: 8

9

Account 10

11

Table 12

s. 51 s. 75(3)

s. 76(3) s. 77(1)

s. 77(2) s. 92(b)

s. 94(a)

residential tenancies amendment bill 2011 199-3 · residential tenancies amendment bill 2011 part 1...

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