Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 26

26 State as lessor

(1) This Act does not apply to a lease, even if the lease is for, or for purposes that include, residential purposes, if—

(a) the lease is granted under the authority of an authorising law; and

(b) the State is the lessor.

(2) Also, this Act does not apply to a lease if the lease is for, or for purposes that include, residential purposes if—

(a) the lease is entered into by the parties to a contract of sale under a term of the contract; and

(b) the lease relates to land for a project the subject of a direction under the State Development and Public Works Organisation Act 1971 , section 100 ; and

(c) the lessor is the entity the subject of the direction, or the entity’s successor in title; and

(d) the lessee is a seller under the contract of sale.

(3) However, if the lessee sublets the land or a part of the land, under the authorising law, this Act applies to the sublease to the extent to which this Act is not inconsistent with the authorising law.

(4) To remove any doubt, it is declared that this Act does not apply to a long-term lease entered into or granted by the South Bank Corporation in relation to premises within the South Bank corporation area even if the lease is for, or for purposes that include, residential purposes.

(5) However, if the lessee of a lease mentioned in subsection (4) sublets the land or a part of the land for, or for purposes that include, residential purposes, this Act applies to the sublease.

(6) In this section—

"authorising law" means an Act other than this Act, the repealed State Housing Act 1945 or the Housing Act 2003 .

"long-term lease" means—

(a) a lease for a term, including renewal options, of at least 100 years; or

(b) a perpetual lease as defined under the South Bank Corporation Act 1989 .

"South Bank corporation area" means the corporation area as defined under the South Bank Corporation Act 1989 .