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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"amending Act" , for part 21 , division 3 , see section 156 .
"approved form" means a form approved by the chief executive under section 144
.
"assent" , for part 21 , division 3 , see section 156 .
"assignment agreement" see section 44 (1) .
"basis" , for increasing site rent payable under a site agreement, means the
basis for working out the amount of the increase in the site rent as stated in
the site agreement.
"buyer" see section 42 (a) .
"caravan" see the Residential Tenancies and Rooming Accommodation Act 2008 ,
section 7 .
"change" , a park rule for a residential park, means—
(a) make a new park
rule for the park; or
(b) amend, revoke or replace an existing park rule for
the park.
"change event day" see section 73 (3) .
"commencement" , for part 21 , division 2 , see section 148 .
"commencement" , for part 21 , division 3 , see section 156 .
"common areas" means— (a) generally—the parts of a residential park, other
than a home owner’s site in the park, that the home owner may use under a
site agreement; and
(b) in a provision about a residential park—the
park’s common areas.
"communal facilities" , in a provision about a residential park, means the
park’s communal facilities.
"converted caravan" see section 10A .
"CPI" means the all groups consumer price index for Brisbane published by the
Australian statistician.
"default notice period" — (a) for giving the initial disclosure
documents—see section 29 (2) (a) ; or
(b) for giving the supplementary
disclosure documents—see section 29 (2) (b) ; or
(c) for giving the
disclosure documents under part 7 , division 2 —see section 48A (a) .
"destroy" includes threaten to destroy, procure someone else to destroy and
attempt to destroy.
"director" ...
"disclosure documents" means— (a) for a site for which a prospective
home owner proposes to enter into, or has entered into, a site agreement—the
documents mentioned in schedule 1 , parts 1 and 2 and 2 copies of a proposed
site agreement for the site; or
(b) for a site for which a seller proposes to
assign, or has assigned, the seller’s interest in a site agreement—the
documents mentioned in schedule 1 for the site.
"dispute negotiation notice" see section 107 (1) .
"eligible site" see section 69C (2) .
"executive officer" , of a corporation, means a person who is concerned with,
or takes part in, the corporation’s management, whether or not the person is
a director of the corporation or the person’s position is given the name of
executive officer.
"facilities" includes furniture and equipment.
"facsimile warrant" ...
"fee" , for part 9 , division 2 , see section 59 .
"form of assignment" see section 47 (1) .
"FTI Act" see section 4A (1) .
"fund" see section 54 (3) .
"general increase day" see section 69C (1) .
"general increase notice" see section 69E (1) .
"guest" , of a home owner, means a person who enters the home owner’s site
in a residential park, or the park’s common areas, with the home owner’s
consent.
"hinder" includes interfere with.
"home owner" — (a) generally—see section 8 ; and
(b) in a provision about
a residential park—means a home owner for the park; and
(c) in a provision
about a site agreement—means the home owner under the agreement.
"home owners committee" means a home owners committee established under
section 100 .
"home owners information document" ...
"initial disclosure documents" , for a site, see section 29 (2) (a) .
"inspector" ...
"manufactured home" see section 10 .
"market review of site rent" means a review of site rent the outcome of which
is decided by comparing the site rent with 1 or both of the following— (a)
the site rent payable for a site in 1 or more residential parks; or
(b) the
rent payable for other residential accommodation.
"market valuation" see section 69D (2) .
"mediation" means mediation under part 17 , division 1 , subdivision 3 .
"mediation agreement" see section 112 (2) .
"mediation conference" see section 108 (3) (b) (ii) .
"mediator" means a person who is— (a) accredited as a mediator under the
Dispute Resolution Centres Act 1990 , section 27AB ; or
(b) approved as a
mediator under the Queensland Civil and Administrative Tribunal Act 2009 ,
section 79 (1)(e); or
(c) approved as a mediator under the
Uniform Civil Procedure Rules 1999 ; or
(d) approved as a mediator by the Bar
Association of Queensland or the Queensland Law Society Incorporated.
"mortgagee in possession" see the Property Law Act 1974 , schedule 6 .
"non-resolution notice" , for a change in a park rule for a residential park,
see section 80 (6) .
"notice" means written notice.
"objection closing day" , for a change in a park rule for a residential park,
see section 78 (1) (a) .
"objectors" , for a change in a park rule for a residential park, see
section 80 (2) .
"operational cost" see section 71 (1) (b) (i) .
"park liaison committee" , for a change in a park rule for a residential park,
see section 80 (2) .
"park manager" means— (a) generally—a person appointed as the park manager
for a residential park under section 75 (1) ; and
(b) in a provision about a
residential park—the park manager for the park.
"park owner" — (a) generally—see section 11 ; and
(b) in a provision
about a residential park—means the park owner for the park; and
(c) in a
provision about a site agreement—means the park owner under the agreement.
"park rules" means— (a) generally—the rules in force for a
residential park under part 13 ; and
(b) in a provision about a
residential park—the park rules for the park.
"personal effects" includes furniture and goods, but does not include a
home owner’s manufactured home.
"prohibited agreement" , in relation to a site agreement, means any of the
following agreements, or terms of an agreement, between a park owner and a
home owner if the agreement is entered into before or on the same day as the
park owner and the home owner enter into the site agreement— (a) a term of
the site agreement to terminate the site agreement;
(b) another agreement, or
a term of another agreement, to terminate the site agreement;
(c) a term of
the site agreement requiring the home owner to enter into an agreement with
the park owner at some later time to terminate the site agreement.
"proposal" , for a change in a park rule for a residential park, see
section 78 (1) (a) .
"proposal decision" see section 81 (4) .
"prospective home owner" , for a site in a residential park, means a person
who indicates to the park owner a willingness to enter into a site agreement
for the site.
"Queensland Ambulance Service" means the Queensland Ambulance Service under
the Ambulance Service Act 1991.
"Queensland Fire and Emergency Service" means the Queensland Fire and
Emergency Service under the Fire and Emergency Services Act 1990.
"reasonably believes" means believes on grounds that are reasonable in the
circumstances.
"registered valuer" means a valuer registered under the
Valuers Registration Act 1992.
"registrar" means the principal registrar under the
Queensland Civil and Administrative Tribunal Act 2009.
"relevant agreement" , for part 21 , division 2 , see section 148 .
"repair cost" see section 71 (1) (b) (ii) .
"repealed Act" , for part 21 , division 2 , see section 148 .
"residential park" — (a) generally—see section 12 ; and
(b) in a
provision about a site agreement—means the residential park of which the
site the subject of the agreement is a part.
"residential park dispute" see section 14A .
"restrict" includes hinder, prevent, obstruct and attempt to restrict.
"sale agreement" , for part 7 , division 4 , see section 51B .
"sale order" see section 52 (6) (a) .
"security interest" , in a manufactured home, means a security interest
registered for the home under the Personal Property Securities Act 2009
(Cwlth) .
"sell" , a manufactured home, includes— (a) attempt to sell the home; and
(b) dispose of the home other than by sale. Example for paragraph (b)— a
gift of the home
"seller" see section 42 .
"seller’s interest" see section 42 (b) .
"selling authority" see section 60 .
"site" — (a) generally—see section 13 ; and
(b) in a provision about a
residential park—means a site in the park; and
(c) in a provision about a
site agreement—means the site the subject of the agreement.
"site agreement" — (a) generally—see section 14 ; and
(b) in a provision
about a residential park—means a site agreement for a site in the park.
"site agreement dispute" ...
"site rent" means the rent payable under a site agreement.
"site rent payment record" see section 65 (5) (a) .
"small claims tribunal" , for part 21 , division 2 , see section 148 .
"special cost" see section 71 (1) (b) .
"special increase notice" see section 71A (1) .
"special resolution" , at a meeting of the home owners for a residential park,
means a resolution passed— (a) at the meeting of which the home owners are
given by a home owner at least 21 days notice stating the intention to propose
the resolution as a special resolution; and
(b) by a majority of at least
three-quarters of the home owners voting personally at the meeting or by
postal ballot.
"special terms" see section 21 .
"standard terms" see section 20 .
"stated purpose" see section 71A (1) (a) .
"supplementary disclosure documents" , for a site, see section 29 (2) (b) .
"tenant" , of a home owner, means a person renting the home owner’s site in
a residential park from the home owner under section 97 .
"termination order" see section 38 (1) .
"termination payment" see section 52 (6) (b) .
"tribunal" means QCAT.
"upgrade cost" see section 71 (1) (b) (iii) .
"utility" means any of the following services— (a) electricity;
(b) gas;
(c) sewerage;
(d) water;
(e) another service prescribed under a regulation.
"utility cost" means a cost, for a utility supplied to or used at a site in a
residential park, that the park owner incorporates into the site rent payable
under a site agreement for the site, whether or not the cost is separately
identified in the agreement.
"utility cost notice" see section 73 (2) .
"warrant form" ...
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