Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 99A

99A Separate charge by park owner not to be more than cost of supply for use of utility

(1) This section applies if—

(a) under a site agreement or another agreement or arrangement, a home owner for a site in a residential park is required to pay the park owner or a third party for the use by the home owner of a utility at the site; and

(b) the use is separately measured or metered.

(2) The park owner must not charge the home owner, or arrange for the home owner to be charged, an amount (a
"prohibited amount" ) for the use of a utility that is more than the amount charged by the relevant supply entity for the quantity of the service supplied to, or used at, the site.

Penalty—

Maximum penalty—20 penalty units.

(3) For subsection (2) , the park owner charging the home owner, or arranging for the home owner to be charged, an amount for the use of the utility includes—

(a) the park owner directing the home owner to pay the amount to a third party; and

(b) the park owner agreeing or arranging with a third party for the home owner to be charged the amount and the park owner or third party charging the home owner the amount for the purpose of that agreement or arrangement.

(4) Without limiting subsection (2) , a prohibited amount includes the following amounts charged, or purported to be charged—

(a) an amount for reading a meter for the use of the utility;

(b) another amount for administration relating to the supply, or on-supply, of the utility to the site, including, for example, an amount relating to obtaining for the home owner a State government concession or rebate for the supply or on-supply of the utility.

(5) In this section—

"relevant supply entity" means the entity that has charged, or may charge, the park owner for supplying the utility to—

(a) the site; or

(b) the residential park for on-supply to the site.

"supplied" , to a site, includes supplied to the residential park for on-supply to the site.

"third party" means an entity other than the relevant supply entity.