Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 116

116 Requirements for application

(1) This section applies if a party to a residential park dispute may apply to the tribunal under this Act for an order in relation to the dispute.

(2) However, this section does not apply in relation to an application to the tribunal authorised under an exempt provision.

(3) A party to a residential park dispute (other than a dispute mentioned in section 14A (1) (b) ) may apply to the tribunal only if—

(a) the dispute has been referred for mediation under section 108 ; and

(b) 1 of the following applies—

(i) the parties to the dispute can not reach a mediation agreement;

(ii) a party to the dispute does not attend, or withdraws from, the mediation conference for the dispute;

(iii) the dispute is not settled within 4 months after the dispute is referred for mediation;

(iv) the parties reach a mediation agreement and the party making the application claims the other party has not complied with the agreement—

(A) within the time stated in the agreement; or

(B) if no time is stated, within 2 months after the agreement is signed.

(4) A party to a residential park dispute mentioned in section 14A (1) (b) may apply to the tribunal only if—

(a) the party has attempted to resolve the dispute by negotiation under section 107 ; and

(b) the dispute has not been resolved.

(5) In this section—

"exempt provision" means section 38 (1) , 39 (4) , 52 (3) , 53 (5) , 55 (2) or 94 (4) .